Input:
SECTION 1. TECHNICAL CORRECTIONS.
    (a) Advice of Counsel.--Notwithstanding section 35 of the Leahy-
Smith America Invents Act (35 U.S.C. 1 note), section 298 of title 35,
United States Code, shall apply to any civil action commenced on or
after the date of the enactment of this Act.
    (b) Transitional Program for Covered Business Method Patents.--
Section 18 of the Leahy-Smith America Invents Act (35 U.S.C. 321 note)
is amended--
        (1) in subsection (a)(1)(C)(i), by striking ``of such title''
    the second place it appears; and
        (2) in subsection (d)(2), by striking ``subsection'' and
    inserting ``section''.
    (c) Joinder of Parties.--Section 299(a) of title 35, United States
Code, is amended in the matter preceding paragraph (1) by striking ``or
counterclaim defendants only if'' and inserting ``only if''.
    (d) Dead Zones.--
        (1) Inter partes review.--Section 311(c) of title 35, United
    States Code, shall not apply to a petition to institute an inter
    partes review of a patent that is not a patent described in section
    3(n)(1) of the Leahy-Smith America Invents Act (35 U.S.C. 100
    note).
        (2) Reissue.--Section 311(c)(1) of title 35, United States
    Code, is amended by striking ``or issuance of a reissue of a
    patent''.
    (e) Correct Inventor.--
        (1) In general.--Section 135(e) of title 35, United States
    Code, as amended by section 3(i) of the Leahy-Smith America Invents
    Act, is amended by striking ``correct inventors'' and inserting
    ``correct inventor''.
        (2) Effective date.--The amendment made by paragraph (1) shall
    be effective as if included in the amendment made by section 3(i)
    of the Leahy-Smith America Invents Act.
    (f) Inventor's Oath or Declaration.--Section 115 of title 35,
United States Code, as amended by section 4 of the Leahy-Smith America
Invents Act, is amended--
        (1) by striking subsection (f) and inserting the following:
    ``(f) Time for Filing.--The applicant for patent shall provide each
required oath or declaration under subsection (a), substitute statement
under subsection (d), or recorded assignment meeting the requirements
of subsection (e) no later than the date on which the issue fee for the
patent is paid.''; and
        (2) in subsection (g)(1), by striking ``who claims'' and
    inserting ``that claims''.
    (g) Travel Expenses and Payment of Administrative Judges.--
Notwithstanding section 35 of the Leahy-Smith America Invents Act (35
U.S.C. 1 note), the amendments made by section 21 of the Leahy-Smith
America Invents Act (Public Law 112-29; 125 Stat. 335) shall be
effective as of September 16, 2011.
    (h) Patent Term Adjustments.--Section 154(b) of title 35, United
States Code, is amended--
        (1) in paragraph (1)--
            (A) in subparagraph (A)(i)(II), by striking ``on which an
        international application fulfilled the requirements of section
        371 of this title'' and inserting ``of commencement of the
        national stage under section 371 in an international
        application''; and
            (B) in subparagraph (B), in the matter preceding clause
        (i), by striking ``the application in the United States'' and
        inserting ``the application under section 111(a) in the United
        States or, in the case of an international application, the
        date of commencement of the national stage under section 371 in
        the international application'';
        (2) in paragraph (3)(B)(i), by striking ``with the written
    notice of allowance of the application under section 151'' and
    inserting ``no later than the date of issuance of the patent''; and
        (3) in paragraph (4)(A)--
            (A) by striking ``a determination made by the Director
        under paragraph (3) shall have remedy'' and inserting ``the
        Director's decision on the applicant's request for
        reconsideration under paragraph (3)(B)(ii) shall have exclusive
        remedy''; and
            (B) by striking ``the grant of the patent'' and inserting
        ``the date of the Director's decision on the applicant's
        request for reconsideration''.
    (i) Improper Applicant.--Section 373 of title 35, United States
Code, and the item relating to that section in the table of sections
for chapter 37 of such title, are repealed.
    (j) Financial Management Clarifications.--Section 42(c)(3) of title
35, United States Code, is amended--
        (1) in subparagraph (A)--
            (A) by striking ``sections 41, 42, and 376,'' and inserting
        ``this title,''; and
            (B) by striking ``a share of the administrative costs of
        the Office relating to patents'' and inserting ``a
        proportionate share of the administrative costs of the
        Office''; and
        (2) in subparagraph (B), by striking ``a share of the
    administrative costs of the Office relating to trademarks'' and
    inserting ``a proportionate share of the administrative costs of
    the Office''.
    (k) Derivation Proceedings.--
        (1) In general.--Section 135(a) of title 35, United States
    Code, as amended by section 3(i) of the Leahy-Smith America Invents
    Act, is amended to read as follows:
    ``(a) Institution of Proceeding.--
        ``(1) In general.--An applicant for patent may file a petition
    with respect to an invention to institute a derivation proceeding
    in the Office. The petition shall set forth with particularity the
    basis for finding that an individual named in an earlier
    application as the inventor or a joint inventor derived such
    invention from an individual named in the petitioner's application
    as the inventor or a joint inventor and, without authorization, the
    earlier application claiming such invention was filed. Whenever the
    Director determines that a petition filed under this subsection
    demonstrates that the standards for instituting a derivation
    proceeding are met, the Director may institute a derivation
    proceeding.
        ``(2) Time for filing.--A petition under this section with
    respect to an invention that is the same or substantially the same
    invention as a claim contained in a patent issued on an earlier
    application, or contained in an earlier application when published
    or deemed published under section 122(b), may not be filed unless
    such petition is filed during the 1-year period following the date
    on which the patent containing such claim was granted or the
    earlier application containing such claim was published, whichever
    is earlier.
        ``(3) Earlier application.--For purposes of this section, an
    application shall not be deemed to be an earlier application with
    respect to an invention, relative to another application, unless a
    claim to the invention was or could have been made in such
    application having an effective filing date that is earlier than
    the effective filing date of any claim to the invention that was or
    could have been made in such other application.
        ``(4) No appeal.--A determination by the Director whether to
    institute a derivation proceeding under paragraph (1) shall be
    final and not appealable.''.
        (2) Effective date.--The amendment made by paragraph (1) shall
    be effective as if included in the amendment made by section 3(i)
    of the Leahy-Smith America Invents Act.
        (3) Review of interference decisions.--The provisions of
    sections 6 and 141 of title 35, United States Code, and section
    1295(a)(4)(A) of title 28, United States Code, as in effect on
    September 15, 2012, shall apply to interference proceedings that
    are declared after September 15, 2012, under section 135 of title
    35, United States Code, as in effect before the effective date
    under section 3(n) of the Leahy-Smith America Invents Act. The
    Patent Trial and Appeal Board may be deemed to be the Board of
    Patent Appeals and Interferences for purposes of such interference
    proceedings.
    (l) Patent and Trademark Public Advisory Committees.--
        (1) In general.--Section 5(a) of title 35, United States Code,
    is amended--
            (A) in paragraph (1), by striking ``Members of'' and all
        that follows through ``such appointments.'' and inserting the
        following: ``In each year, 3 members shall be appointed to each
        Advisory Committee for 3-year terms that shall begin on
        December 1 of that year. Any vacancy on an Advisory Committee
        shall be filled within 90 days after it occurs. A new member
        who is appointed to fill a vacancy shall be appointed to serve
        for the remainder of the predecessor's term.'';
            (B) by striking paragraph (2) and inserting the following:
        ``(2) Chair.--The Secretary of Commerce, in consultation with
    the Director, shall designate a Chair and Vice Chair of each
    Advisory Committee from among the members appointed under paragraph
    (1). If the Chair resigns before the completion of his or her term,
    or is otherwise unable to exercise the functions of the Chair, the
    Vice Chair shall exercise the functions of the Chair.''; and
            (C) by striking paragraph (3).
        (2) Transition.--
            (A) In general.--The Secretary of Commerce shall, in the
        Secretary's discretion, determine the time and manner in which
        the amendments made by paragraph (1) shall take effect, except
        that, in each year following the year in which this Act is
        enacted, 3 members shall be appointed to each Advisory
        Committee (to which such amendments apply) for 3-year terms
        that begin on December 1 of that year, in accordance with
        section 5(a) of title 35, United States Code, as amended by
        paragraph (1) of this subsection.
            (B) Deemed termination of terms.--In order to implement the
        amendments made by paragraph (1), the Secretary of Commerce may
        determine that the term of an existing member of an Advisory
        Committee under section 5 of title 35, United States Code,
        shall be deemed to terminate on December 1 of a year beginning
        after the date of the enactment of this Act, regardless of
        whether December 1 is before or after the date on which such
        member's term would terminate if this Act had not been enacted.
    (m) Clerical Amendment.--Section 123(a) of title 35, United States
Code, is amended in the matter preceding paragraph (1) by inserting
``of this title'' after ``For purposes''.
    (n) Effective Date.--Except as otherwise provided in this Act, the
amendments made by this Act shall take effect on the date of enactment
of this Act, and shall apply to proceedings commenced on or after such
date of enactment.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output:
(This measure has not been amended since it was passed by the Senate on December 28, 2012. The summary of that version is repeated here.)

Amends the Leahy-Smith America Invents Act (AIA) to make technical changes regarding the transitional program for covered business method patents and joinder of parties.

Applies, to any civil action commenced on or after enactment of this Act, the AIA's bar on using an accused infringer's failure to obtain the advice of counsel to prove that any infringement was willful or induced. (Currently, the bar would not take effect until one year after the AIA's enactment.)

Prohibits a nine-month waiting period for inter partes review from applying to issuances of first-to-invent patents ineligible for post-grant review. (Currently, the remaining first-to-invent patents to be issued prior to the effective date of the new first-to-file patent system have no avenue for review during the first nine months because they must wait nine months for inter parties review and are ineligible for post-grant review.)

Revises the filing deadline for inter partes review to be after the later of either: (1) nine months after the grant of a patent (currently, nine months after such grant or the issuance of a reissue patent), or (2) the termination date of any post-grant review.

Extends the time period for an applicant to file an inventor's oath or declaration, substitute statement, or recorded assignment until the date on which the issue fee for the patent is paid. (Current law permits a notice of allowance of a patent application only after such a filing.)

Makes provisions concerning travel expenses for employees of the U.S. Patent and Trademark Office (USPTO) and the payment of administrative judges effective as of September 16, 2011.

Modifies requirements and time periods for activities relating to patent term adjustments. Revises the patent extension period for certain international applications. Specifies that a civil action filed in the U.S. District Court for the Eastern District of Virginia is the exclusive remedy for challenging a USPTO decision on a request for reconsideration of a patent term adjustment determination.

Repeals a provision prohibiting the USPTO from accepting certain international applications designating the United States from anyone not qualified under specified application requirements.

Revises USPTO funding requirements to make all federal patent law fees available for expenses relating to patent processing and to permit patent and trademark fees to be used interchangeably to cover proportionate shares of the USPTO's administrative costs. (Currently, patent fees are used to cover administrative costs relating to patents while trademark fees are used to cover administrative costs relating to trademarks.)

Modifies requirements for applicants filing petitions to institute derivation proceedings and delineates the criteria applied to deem an application as an earlier application with respect to an invention relative to another application.

Sets forth authority for the Patent Trial and Appeal Board to conduct, and for courts to review appeals from, interference proceedings declared after enactment but before the effective date of certain AIA amendments replacing interference proceedings with derivation proceedings.

Modifies the original appointment terms for members of the Patent Public Advisory Committee and the Trademark Public Advisory Committee. Directs the Secretary of Commerce to designate, from among the appointed members, a Chair and Vice Chair of each committee.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Superior National Forest Land
Adjustment Act of 2008''.

SEC. 2. FINDINGS AND DEFINITIONS.

    (a) Findings.--The Congress finds the following:
            (1) Fragmentation of property rights on certain lands
        described herein within and adjacent to the Superior National
        Forest in Minnesota hampers the ability of the Forest Service
        to manage associated forested areas as well as the ability of
        private mineral owners to utilize their mineral rights.
            (2) The United States primarily owns the surface estate in
        the lands described in section 3, subject to reserved and
        outstanding mineral rights, with such lands located within a
        well-established mining district with a large open pit mine
        lying directly to the north and a mine railroad lying directly
        to the south.
            (3) The public interest in selling the federally owned
        property estate interests in lands described in section 3 under
        the terms and conditions of this Act would appear to outweigh
        the interest served by maintaining such lands under Federal
        ownership subject to a final determination under this Act.
            (4) The sale of some Federal surface and subsurface rights
        in land under this Act will facilitate mining in the areas
        described in section 3, and thereby improve the local and
        national economy by providing needed mineral resources,
        enhancing the property tax base, and promoting employment
        opportunities through expanded job creation and will allow for
        the acquisition of desirable public holdings that are located
        within or adjacent to Forest Service land by the Forest
        Service.
            (5) Minnesota and the Army Corps of Engineers, in
        cooperation with the Forest Service, are preparing an
        environmental impact statement for the proposed mining
        operations by PolyMet Mining, Inc., on and adjacent to the
        lands authorized for conveyance by this Act, more fully
        described in the notice of intent of the Department of Defense
        (70 Fed. Reg. 38122 (July 1, 2005)) and a draft environmental
        impact statement is expected to be released for public review
        and comment in the near future.
            (6) Proceeds from the sale of lands authorized by this Act
        shall be used by the Forest Service to purchase desirable
        private inholdings within and adjacent to the Superior National
        Forest consistent with the land and resource management plan
        for the Superior National Forest.
    (b) Definitions.--In this Act:
            (1) The term ``lands'' includes interests in lands.
            (2) The term ``Secretary'' means the Secretary of
        Agriculture.
            (3) The term ``surface mining'' means the excavation of
        lands for the purposes of obtaining minerals, including
        excavation by such methods as contour, strip, auger, open pit,
        and area mining.

SEC. 3. LAND CONVEYANCE AUTHORITY, SUPERIOR NATIONAL FOREST, MINNESOTA.

    (a) Conveyance Authority.--
            (1) After considering the public interest factors described
        in paragraph (2), the Secretary of Agriculture may sell in
        accordance with this Act any or all right, title, and interest
        of the United States in and to the lands within the Superior
        National Forest in Minnesota described in subsection (b).
            (2) The sale authorized by this Act may proceed if, based
        on the environmental documentation provided in accordance with
        section 5(b), or other information as the Secretary may choose
        to utilize, the Secretary determines that a sale will--
                    (A) result in better and more efficient management
                and development of Federal lands and resources taking
                into consideration the property interests and
                reservations for mining uses and surrounding use of the
                lands which are the subject of this Act;
                    (B) help consolidate the ownership of lands or
                interests in such lands, including mineral rights and
                surface ownership, thereby promoting economic
                development;
                    (C) result in receipt to the public of
                consideration equal to appraised market value as
                defined herein; and
                    (D) allow with proceeds from any sale the purchase
                of replacement lands which result in a net benefit to
                the multiple use resources of the Superior National
                Forest.
            (3) This subsection prescribes the sole public interest
        determination required for any sale.
    (b) Lands Authorized for Conveyance.--
            (1) Lands described.--The federally owned lands subject to
        sale under this Act are certain lands located in St. Louis
        County, Minnesota, comprising approximately 6,700 acres, more
        fully described as follows:
                    (A) Township 59 North, Range 13 West, 4th Principal
                Meridian:
                            (i) Sections 1 through 9, inclusive.
                            (ii) Sections 10, 11, 17, and 18, those
                        portions lying north of and subject to the
                        right-of-way held by the Erie Railroad.
                            (iii) The N\1/2\ of section 12.
                    (B) Township 59 North, Range 12 West, 4th Principal
                Meridian:
                            (i) Section 6: Lots 3, 4, and 9, inclusive.
                            (ii) Section 7: Lots 3 and 4, inclusive.
                    (C) Township 60 North, Range 13 West, 4th Principal
                Meridian:
                            (i) The S\1/2\SE\1/4\ of section 33.
                            (ii) The S\1/2\S\1/2\ of section 34.
                            (iii) The S\1/2\S\1/2\ of section 35.
            (2) Map.--The lands described in paragraph (1) are
        generally depicted on a Forest Service map dated October 4,
        2007, and entitled ``PolyMet (Proponent) Case #4544'', which
        shall be on file and available for public inspection in the
        office of the Forest Supervisor, Superior National Forest,
        until such time as the lands are conveyed.
            (3) Modification of boundaries.--The Secretary may modify
        the boundaries of the lands described in paragraph (1) based on
        factors such as buffers and other land management
        considerations.
    (c) Form of Conveyance.--The lands sold under this Act shall be
conveyed by quitclaim deed executed by the Forest Service, Eastern
Region, Director of Air, Soil, Water, Lands, and Minerals. The
Secretary may reserve such rights-of-way or other rights or interests
in the lands as the Secretary considers necessary for future public
land management purposes or is otherwise in the public interest.
    (d) Valuation.--Any appraisal of the lands to be sold under this
Act shall conform to the Uniform Appraisal Standards for Federal Land
Acquisitions, and the appraisal shall be subject to the approval of the
Secretary. For purposes of appraisal, it shall be assumed that the
lands authorized for conveyance under this Act are subject to the right
of the United States, as surface owner to allow or deny all forms of
surface mining.
    (e) Consideration.--Consideration for a sale of lands under this
Act shall be in an amount not less than the appraised market value as
determined in accordance with subsection (d).
    (f) Method of Sale.--The Secretary may sell lands described in
subsection (b) at public or private sale, including competitive sale by
auction, bid, or otherwise, in accordance with such terms, conditions,
and procedures as the Secretary determines are in the best interests of
the United States, subject to the following:
            (1) The Secretary shall first offer the sale of such lands
        for consideration at the appraised market value to Poly Met
        Mining, Inc., a Minnesota corporation, which shall have 90 days
        from the date of the offer during which to contract for the
        purchase of such lands.
            (2) During the 90-day period referred to in paragraph (1),
        the Secretary shall not offer to sell such lands to any party
        other than Poly Met Mining, Inc.
            (3) In the offer under paragraph (1), the Secretary shall
        require Poly Met Mining, Inc., to cover the costs of survey,
        appraisal, and other expenditures directly associated with the
        proposed sale.
            (4) The Secretary may reject any counteroffer made by Poly
        Met Mining, Inc., in response to the offer of the Secretary
        under paragraph (1) if the Secretary determines that the
        counteroffer is less than fair market value or is not in the
        public interest.
    (g) Brokers.--The Secretary may utilize brokers or other third
parties in the disposition of the lands authorized by this Act and,
from the proceeds of a sale, may pay reasonable commissions or fees.

SEC. 4. TREATMENT OF PROCEEDS.

    (a) Deposit.--The Secretary shall deposit the proceeds of a sale
authorized by this Act in the fund established under Public Law 90-171
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
    (b) Availability.--Monies deposited under subsection (a) shall be
available to the Secretary until expended, without further
appropriation, only for the acquisition of lands within and adjacent to
the Superior National Forest. Monies deposited into the fund described
in subsection (a) shall not be subject to transfer or reprogramming for
wildland fire management or any other emergency purpose.
    (c) Priority Land Acquisitions.--In utilizing funds derived from
any sale of lands or interests authorized by this Act, in acquiring
lands the Secretary shall give priority to--
            (1) privately owned inholdings within the Boundary Waters
        Canoe Area Wilderness;
            (2) lands having important recreational, scenic, or natural
        values; or
            (3) eliminating nonconforming uses of land within the
        Superior National Forest when such uses are or may be
        reasonably expected to have detrimental impact on the area's
        recreational, scenic, or natural values.

SEC. 5. MISCELLANEOUS PROVISIONS.

    (a) Wetlands Offset.--For purposes of compliance with Executive
Order 11990 (42 Fed. Reg. 26961 (May 24, 1977)) and Executive Order
11988 (42 Fed. Reg. 26951 (May 24, 1977)), the Secretary shall, within
7 years after the date of final conveyance of lands or interests under
this Act, ensure that the total functional value of the wetlands
acquired pursuant to section 4 is equal to or exceeds the functional
value of the wetlands sold under this Act.
    (b) Environmental Analysis Requirement.--
            (1) For conveyances authorized by this Act, the Secretary
        shall assume that the future use of the lands so conveyed will
        be for surface mining.
            (2) For conveyances authorized by this Act--
                    (A) the Secretary shall be a cooperating agency on
                the environmental impact statement described in section
                2(a)(5); and
                    (B) the final environmental impact statement
                described in section 2(a)(5) shall disclose and
                document the material environmental effects, if any,
                from the anticipated sale of the land and property
                interests under this Act, to the extent required under
                the National Environmental Policy Act of 1969 (42
                U.S.C. 4321 et seq.) and regulations promulgated
                thereunder.
            (3) In complying with the requirements of this subsection,
        the Corps of Engineers, the State of Minnesota, and the Forest
        Service shall not be required to repeat notice or comment
        procedures, including scoping, already accomplished as of the
        effective date of this Act with respect to the preparation of
        the environmental impact statement described in section
        2(a)(5), or republish a revised draft environmental impact
        statement to the extent one is published prior to the effective
        date of this Act.
            (4) For purposes of implementing this Act, the Forest
        Service shall only be required to utilize the final
        environmental impact statement described in section 2(a)(5),
        including the information required under paragraph (2) and
        shall not be required to do additional analysis or data
        gathering.
            (5) The closing of any land sale authorized under this Act
        shall not occur before the date on which notice of the final
        environmental impact statement described in section 2(a)(5) is
        published in the Federal Register.
    (c) Deadline for Sale of Lands.--To the extent practicable, the
sale of lands authorized by this Act shall be completed within 180 days
after the date described in subsection (b)(5).

Output: Superior National Forest Land Adjustment Act of 2008 - Authorizes the Secretary of Agriculture, after consideration of specified public interest factors, to sell certain lands in Superior National Forest in Minnesota. Requires: (1) consideration for a sale of lands to be not less than the appraised market value of those lands; and (2) the first offer for the sale of the lands under this Act to be made to Poly Met Mining, Inc.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Junk Fax Prevention Act of 2005''.

SEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING UNSOLICITED
              ADVERTISEMENTS.

    (a) Prohibition.--Section 227(b)(1)(C) of the Communications Act of
1934 (47 U.S.C. 227(b)(1)(C)) is amended to read as follows:
            ``(C) to use any telephone facsimile machine, computer, or
        other device to send, to a telephone facsimile machine, an
        unsolicited advertisement, unless--
                ``(i) the unsolicited advertisement is from a sender
            with an established business relationship with the
            recipient;
                ``(ii) the sender obtained the number of the telephone
            facsimile machine through--

                    ``(I) the voluntary communication of such number,
                within the context of such established business
                relationship, from the recipient of the unsolicited
                advertisement, or
                    ``(II) a directory, advertisement, or site on the
                Internet to which the recipient voluntarily agreed to
                make available its facsimile number for public
                distribution,

            except that this clause shall not apply in the case of an
            unsolicited advertisement that is sent based on an
            established business relationship with the recipient that
            was in existence before the date of enactment of the Junk
            Fax Prevention Act of 2005 if the sender possessed the
            facsimile machine number of the recipient before such date
            of enactment; and
                ``(iii) the unsolicited advertisement contains a notice
            meeting the requirements under paragraph (2)(D),
        except that the exception under clauses (i) and (ii) shall not
        apply with respect to an unsolicited advertisement sent to a
        telephone facsimile machine by a sender to whom a request has
        been made not to send future unsolicited advertisements to such
        telephone facsimile machine that complies with the requirements
        under paragraph (2)(E); or''.
    (b) Definition of Established Business Relationship.--Section
227(a) of the Communications Act of 1934 (47 U.S.C. 227(a)) is
amended--
        (1) by redesignating paragraphs (2) through (4) as paragraphs
    (3) through (5), respectively; and
        (2) by inserting after paragraph (1) the following:
        ``(2) The term `established business relationship', for
    purposes only of subsection (b)(1)(C)(i), shall have the meaning
    given the term in section 64.1200 of title 47, Code of Federal
    Regulations, as in effect on January 1, 2003, except that--
            ``(A) such term shall include a relationship between a
        person or entity and a business subscriber subject to the same
        terms applicable under such section to a relationship between a
        person or entity and a residential subscriber; and
            ``(B) an established business relationship shall be subject
        to any time limitation established pursuant to paragraph
        (2)(G)).''.
    (c) Required Notice of Opt-Out Opportunity.--Section 227(b)(2) of
the Communications Act of 1934 (47 U.S.C. 227(b)(2)) is amended--
        (1) in subparagraph (B), by striking ``and'' at the end;
        (2) in subparagraph (C), by striking the period at the end and
    inserting a semicolon; and
        (3) by adding at the end the following:
            ``(D) shall provide that a notice contained in an
        unsolicited advertisement complies with the requirements under
        this subparagraph only if--
                ``(i) the notice is clear and conspicuous and on the
            first page of the unsolicited advertisement;
                ``(ii) the notice states that the recipient may make a
            request to the sender of the unsolicited advertisement not
            to send any future unsolicited advertisements to a
            telephone facsimile machine or machines and that failure to
            comply, within the shortest reasonable time, as determined
            by the Commission, with such a request meeting the
            requirements under subparagraph (E) is unlawful;
                ``(iii) the notice sets forth the requirements for a
            request under subparagraph (E);
                ``(iv) the notice includes--

                    ``(I) a domestic contact telephone and facsimile
                machine number for the recipient to transmit such a
                request to the sender; and
                    ``(II) a cost-free mechanism for a recipient to
                transmit a request pursuant to such notice to the
                sender of the unsolicited advertisement; the Commission
                shall by rule require the sender to provide such a
                mechanism and may, in the discretion of the Commission
                and subject to such conditions as the Commission may
                prescribe, exempt certain classes of small business
                senders, but only if the Commission determines that the
                costs to such class are unduly burdensome given the
                revenues generated by such small businesses;

                ``(v) the telephone and facsimile machine numbers and
            the cost-free mechanism set forth pursuant to clause (iv)
            permit an individual or business to make such a request at
            any time on any day of the week; and
                ``(vi) the notice complies with the requirements of
            subsection (d);''.
    (d) Request To Opt-Out of Future Unsolicited Advertisements.--
Section 227(b)(2) of the Communications Act of 1934 (47 U.S.C.
227(b)(2)), as amended by subsection (c), is further amended by adding
at the end the following:
            ``(E) shall provide, by rule, that a request not to send
        future unsolicited advertisements to a telephone facsimile
        machine complies with the requirements under this subparagraph
        only if--
                ``(i) the request identifies the telephone number or
            numbers of the telephone facsimile machine or machines to
            which the request relates;
                ``(ii) the request is made to the telephone or
            facsimile number of the sender of such an unsolicited
            advertisement provided pursuant to subparagraph (D)(iv) or
            by any other method of communication as determined by the
            Commission; and
                ``(iii) the person making the request has not,
            subsequent to such request, provided express invitation or
            permission to the sender, in writing or otherwise, to send
            such advertisements to such person at such telephone
            facsimile machine;''.
    (e) Authority To Establish Nonprofit Exception.--Section 227(b)(2)
of the Communications Act of 1934 (47 U.S.C. 227(b)(2)), as amended by
subsections (c) and (d), is further amended by adding at the end the
following:
            ``(F) may, in the discretion of the Commission and subject
        to such conditions as the Commission may prescribe, allow
        professional or trade associations that are tax-exempt
        nonprofit organizations to send unsolicited advertisements to
        their members in furtherance of the association's tax-exempt
        purpose that do not contain the notice required by paragraph
        (1)(C)(iii), except that the Commission may take action under
        this subparagraph only--
                ``(i) by regulation issued after public notice and
            opportunity for public comment; and
                ``(ii) if the Commission determines that such notice
            required by paragraph (1)(C)(iii) is not necessary to
            protect the ability of the members of such associations to
            stop such associations from sending any future unsolicited
            advertisements; and''.
    (f) Authority To Establish Time Limit on Established Business
Relationship Exception.--Section 227(b)(2) of the Communications Act of
1934 (47 U.S.C. 227(b)(2)), as amended by subsections (c), (d), and (e)
of this section, is further amended by adding at the end the following:
            ``(G)(i) may, consistent with clause (ii), limit the
        duration of the existence of an established business
        relationship, however, before establishing any such limits, the
        Commission shall--
                ``(I) determine whether the existence of the exception
            under paragraph (1)(C) relating to an established business
            relationship has resulted in a significant number of
            complaints to the Commission regarding the sending of
            unsolicited advertisements to telephone facsimile machines;
                ``(II) determine whether a significant number of any
            such complaints involve unsolicited advertisements that
            were sent on the basis of an established business
            relationship that was longer in duration than the
            Commission believes is consistent with the reasonable
            expectations of consumers;
                ``(III) evaluate the costs to senders of demonstrating
            the existence of an established business relationship
            within a specified period of time and the benefits to
            recipients of establishing a limitation on such established
            business relationship; and
                ``(IV) determine whether with respect to small
            businesses, the costs would not be unduly burdensome; and
            ``(ii) may not commence a proceeding to determine whether
        to limit the duration of the existence of an established
        business relationship before the expiration of the 3-month
        period that begins on the date of the enactment of the Junk Fax
        Prevention Act of 2005.''.
    (g) Unsolicited Advertisement.--Section 227(a)(5) of the
Communications Act of 1934, as so redesignated by subsection (b)(1), is
amended by inserting ``, in writing or otherwise'' before the period at
the end.
    (h) Regulations.--Except as provided in section 227(b)(2)(G)(ii) of
the Communications Act of 1934 (as added by subsection (f)), not later
than 270 days after the date of enactment of this Act, the Federal
Communications Commission shall issue regulations to implement the
amendments made by this section.

SEC. 3. FCC ANNUAL REPORT REGARDING JUNK FAX ENFORCEMENT.

    Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is
amended by adding at the end the following:
    ``(g) Junk Fax Enforcement Report.--The Commission shall submit an
annual report to Congress regarding the enforcement during the past
year of the provisions of this section relating to sending of
unsolicited advertisements to telephone facsimile machines, which
report shall include--
        ``(1) the number of complaints received by the Commission
    during such year alleging that a consumer received an unsolicited
    advertisement via telephone facsimile machine in violation of the
    Commission's rules;
        ``(2) the number of citations issued by the Commission pursuant
    to section 503 during the year to enforce any law, regulation, or
    policy relating to sending of unsolicited advertisements to
    telephone facsimile machines;
        ``(3) the number of notices of apparent liability issued by the
    Commission pursuant to section 503 during the year to enforce any
    law, regulation, or policy relating to sending of unsolicited
    advertisements to telephone facsimile machines;
        ``(4) for each notice referred to in paragraph (3)--
            ``(A) the amount of the proposed forfeiture penalty
        involved;
            ``(B) the person to whom the notice was issued;
            ``(C) the length of time between the date on which the
        complaint was filed and the date on which the notice was
        issued; and
            ``(D) the status of the proceeding;
        ``(5) the number of final orders imposing forfeiture penalties
    issued pursuant to section 503 during the year to enforce any law,
    regulation, or policy relating to sending of unsolicited
    advertisements to telephone facsimile machines;
        ``(6) for each forfeiture order referred to in paragraph (5)--
            ``(A) the amount of the penalty imposed by the order;
            ``(B) the person to whom the order was issued;
            ``(C) whether the forfeiture penalty has been paid; and
            ``(D) the amount paid;
        ``(7) for each case in which a person has failed to pay a
    forfeiture penalty imposed by such a final order, whether the
    Commission referred such matter for recovery of the penalty; and
        ``(8) for each case in which the Commission referred such an
    order for recovery--
            ``(A) the number of days from the date the Commission
        issued such order to the date of such referral;
            ``(B) whether an action has been commenced to recover the
        penalty, and if so, the number of days from the date the
        Commission referred such order for recovery to the date of such
        commencement; and
            ``(C) whether the recovery action resulted in collection of
        any amount, and if so, the amount collected.''.

SEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT.

    (a) In General.--The Comptroller General of the United States shall
conduct a study regarding complaints received by the Federal
Communications Commission concerning unsolicited advertisements sent to
telephone facsimile machines, which study shall determine--
        (1) the mechanisms established by the Commission to receive,
    investigate, and respond to such complaints;
        (2) the level of enforcement success achieved by the Commission
    regarding such complaints;
        (3) whether complainants to the Commission are adequately
    informed by the Commission of the responses to their complaints;
    and
        (4) whether additional enforcement measures are necessary to
    protect consumers, including recommendations regarding such
    additional enforcement measures.
    (b) Additional Enforcement Remedies.--In conducting the analysis
and making the recommendations required under subsection (a)(4), the
Comptroller General shall specifically examine--
        (1) the adequacy of existing statutory enforcement actions
    available to the Commission;
        (2) the adequacy of existing statutory enforcement actions and
    remedies available to consumers;
        (3) the impact of existing statutory enforcement remedies on
    senders of facsimiles;
        (4) whether increasing the amount of financial penalties is
    warranted to achieve greater deterrent effect; and
        (5) whether establishing penalties and enforcement actions for
    repeat violators or abusive violations similar to those established
    under section 1037 of title 18, United States Code, would have a
    greater deterrent effect.
    (c) Report.--Not later than 270 days after the date of enactment of
this Act, the Comptroller General shall submit a report on the results
of the study under this section to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output:
Junk Fax Prevention Act of 2005 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement to a person who has requested that such sender not send such advertisements, or to any other person unless: (1) the sender has an established business relationship with the person; (2) the sender obtained the fax number through voluntary communication from the recipient or from an Internet directory or site to which the recipient voluntarily made the fax number available for public distribution; and (3) the advertisement contains a conspicuous notice on its first page that the recipient may request not to be sent any further unsolicited advertisements, and includes a domestic telephone and fax number (neither of which can be a pay-per-call number) for sending such a request.

Requires the Federal Communications Commission (FCC) to provide that a request not to send unsolicited advertisements complies with FCC requirements if: (1) the request identifies the recipient fax number to which the request relates; (2) the request is made to the telephone or fax number of the sender; and (3) the person making the request has not subsequently provided express invitation or permission to have such advertisements sent. Authorizes the FCC to: (1) allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes; and (2) establish a time limit on established business relationships for purposes of this Act.

Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements; and (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nutritional Advertising Coordination
Act of 1993''.

SEC. 2. FEDERAL TRADE COMMISSION RULES REGARDING UNFAIR AND DECEPTIVE
              ACTS AND PRACTICES IN CONNECTION WITH FOOD ADVERTISING.

    (a) Regulations.--Section 5 of the Federal Trade Commission Act (15
U.S.C. 45) is amended by adding at the end the following:
    ``(n) The Commission shall prescribe rules to prohibit unfair and
deceptive acts and practices in food advertising. Such rules shall
require that claims in advertising for food--
            ``(1) characterizing the level of any nutrient in the food
        of the type required by section 403(q)(1) or 403(q)(2) of the
        Federal Food, Drug, and Cosmetic Act to be in the labeling of
        the food, or
            ``(2) characterizing the relationship of any such nutrient
        to a disease or health related condition,
shall be consistent, to the fullest extent feasible, with section
403(r) of the Federal Food, Drug, and Cosmetic Act and with the
regulations of the Secretary of Health and Human Services implementing
such section and the corresponding regulations issued by the Secretary
of Agriculture.''.
    (b) Rulemaking.--
            (1) Section 18 rule.--A rule issued under section 5(n) of
        the Federal Trade Commission Act (added by subsection (a))
        shall be treated as a rule issued under section 18(a)(1)(B) of
        such Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Time and procedure.--
                    (A) Time period.--The Federal Trade Commission
                shall issue proposed rules under section 5(n) of the
                Federal Trade Commission Act (as added by subsection
                (a)) within 180 days of the date of the enactment of
                this Act and shall issue final rules under such section
                within 360 days of such enactment.
                    (B) Procedure.--The Federal Trade Commission shall
                issue rules under section 5(n) of the Federal Trade
                Commission Act (as added by subsection (a)) in
                accordance with section 553 of title 5, United States
                Code.

SEC. 3. ACTIONS BY STATES.

    (a) In General.--Whenever an attorney general of any State has
reason to believe that the interests of the residents of that State
have been or are being threatened or adversely affected because any
person has engaged or is engaging in a pattern or practice which
violates any rule of the Federal Trade Commission under section 5(n) of
the Federal Trade Commission Act, the State may bring a civil action on
behalf of its residents in an appropriate district court of the United
States to enjoin such pattern or practice, to enforce compliance with
such rule of the Commission, to obtain damages on behalf of their
residents, or to obtain such further and other relief as the court may
deem appropriate.
    (b) Notice.--A State shall serve prior written notice of any civil
action under subsection (a) upon the Federal Trade Commission and
provide the Commission with a copy of its complaint, except that if it
is not feasible for the State to provide such prior notice, the State
shall serve such notice immediately upon instituting such action. Upon
receiving a notice respecting a civil action, the Commission shall have
the right (1) to intervene in such action, (2) upon so intervening, to
be heard on all matters arising therein, and (3) to file petitions for
appeal.
    (c) Venue.--Any civil action brought under subsection (a) in a
district court of the United States may be brought in the district
where the defendant transacts business or where the violation occurred.
    (d) Investigatory Powers.--For purposes of bringing any civil
action under subsection (a), nothing in this section shall prevent the
attorney general from exercising the powers conferred on the attorney
general by the laws of such State to conduct investigations, including
administering oaths or affirmations, compeling the attendance of
witnesses, or the production of documentary and other evidence.
    (e) Limitation.--Whenever the Federal Trade Commission has
instituted a civil action for violation of any rule under section 5(n)
of the Federal Trade Commission Act, no State may, during the pendency
of such action instituted by the Commission, subsequently institute a
civil action against any defendant named in the Commission's complaint
for violation of any such rule as alleged in the Commission's
complaint.
    (f) Actions by Other State or Local Officials.--
            (1) In general.--Nothing contained in this section shall
        prohibit an official authorized by a State or locality from
        proceeding in a court of a State or locality on the basis of an
        alleged violation of any general civil or criminal statute of
        such State or locality.
            (2) Other officials.--In addition to actions brought by an
        attorney general of a State under subsection (a), such an
        action may be brought by other officials authorized by a State
        or locality to bring actions in such State for protection of
        consumers and who are designated by the Commission to bring an
        action under subsection (a) against persons that the Commission
        has determined have or are engaged in a pattern or practice
        which violates a rule of the Commission under section 2(a).
    (h) Definitions.--For purposes of this section:
            (1) The term ``attorney general'' means the chief legal
        officer of a State.
            (2) The term ``State'' means any State of the United
        States, the District of Columbia, Puerto Rico, the Northern
        Mariana Islands, and any territory or possession of the United
        States.
            (3) The term ``locality'' means any political subdivision
        of a State as defined in paragraph (2).

Output: Nutritional Advertising Coordination Act of 1993 - Amends the Federal Trade Commission Act to direct such Commission to prescribe rules prohibiting unfair and deceptive acts and practices in food advertising.  Requires such rules to require that claims in advertising for food characterizing the level of any nutrient in food or the relationship of any such nutrient to a disease be consistent with specified provisions of the Federal Food, Drug, and Cosmetic Act concerning misbranded food.  Authorizes a State to bring a civil action when it believes that such rules have been violated.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Welfare Fairness Act''.

SEC. 2. FINDINGS.

    The Congress find that--
            (1) the Wisconsin State Legislature has passed legislation
        calling upon the Congress of the United States to provide for
        Federal establishment of benefit levels for aid to families
        with dependent children (AFDC);
            (2) the current variation in benefit levels from State to
        State has discouraged families receiving AFDC from remaining in
        their home communities, although it is generally in the best
        interest of all citizens to live close to their families,
        friends, and support networks, and where job opportunities
        exist, and decisions on where to live should not be complicated
        by the level of AFDC benefits;
            (3) under the current system, taxpayers in States are
        paying differing amounts, with some States providing
        comparatively more in AFDC benefits while others are paying
        well beneath the level of poverty; and
            (4) because poverty does not know State boundaries, and
        because of the current disparities in the system for both
        taxpayers and AFDC recipients, uniform AFDC benefits should be
        determined federally.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    There is established a commission to be known as the ``Commission
on Welfare Fairness'' (in this Act referred to as the ``Commission'').

SEC. 4. DUTIES OF COMMISSION.

    Within 1 year after the first date there are 8 members of the
Commission, the Commission shall, in consultation with State officials
responsible for the administration of State programs of aid to families
with dependent children--
            (1) establish a uniform standard of need for recipients of
        aid to families with dependent children under a State plan
        approved under part A of title IV of the Social Security Act;
            (2) devise a formula for adjusting the uniform standard of
        need, on an annual basis, for differences among the States in
        the cost of living for low income persons; and
            (3) devise a method of adjusting the uniform standard of
        need to offset any other documented incentive for interstate
        migration by persons seeking a higher level of benefits under
        the program of aid to families with dependent children.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 15
members appointed by the President, in consultation with the Secretary
of Health and Human Services and with State officials responsible for
the administration of State programs of aid to families with dependent
children, and by and with the advice and consent of the Senate, not
later than June 1, 1995.
    (b) Qualifications.--
            (1) Individual qualifications.--Each member of the
        Commission shall--
                    (A) have experience in the delivery of social
                services; or
                    (B) represent advocacy groups that work for the
                interests of lower income individuals.
            (2) Group qualification.--The members of the Commission, as
        a whole, shall represent the various regions of the United
        States.
    (c) Staggered Terms of Office.--
            (1) In general.--Each Commission member shall be appointed
        for a term of 6 years, except as provided in paragraphs (2) and
        (3).
            (2) Terms of initial appointees.--As designated by the
        President at the time of appointment, of the members first
        appointed--
                    (A) 5 shall be appointed for terms of 2 years; and
                    (B) 5 shall be appointed for terms of 4 years.
            (3) Vacancies.--Any member appointed to fill a vacancy
        occurring before the expiration of the term for which the
        member's predecessor was appointed shall be appointed only for
        the remainder of that term.
    (d) Compensation.--The members of the Commission shall not receive
compensation by reason of their service on the Commission, except
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United States Code.
    (e) Quorum.--8 members of the Commission shall constitute a quorum
but a lesser number may hold hearings.
    (f) Chairperson; Vice Chairperson.--The Chairperson and Vice
Chairperson of the Commission shall be elected by the members.
    (g) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of the members of the Commission.

SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Director.--The Chairperson of the Commission may, with the
approval of the Commission, and without regard to section 5311(b) of
title 5, United States Code, appoint and fix the pay of a director and
such additional personnel as may be necessary to enable the Commission
to perform its duties, except that an individual so appointed may not
receive pay in excess of the annual rate of basic pay payable for level
V of the Executive Schedule.
    (b) Staff.--The Chairperson of the Commission may, without regard
to section 5311(b) of title 5, United States Code, appoint and fix the
pay of such additional personnel as may be necessary to enable the
Commission to perform its duties, except that an individual so
appointed may not receive pay in excess of the annual rate of basic pay
payable for level V of the Executive Schedule.
    (c) Experts and Consultants.--The Chairperson may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to exceed the daily
equivalent of the annual rate of basic pay payable for level V of the
Executive Schedule.
    (d) Staff of Federal Agencies.--Upon request of the Chairperson,
the head of any Federal department or agency may detail to the
Commission, without reimbursement, any personnel of the department or
agency to assist the Commission in carrying out the duties of the
Commission.

SEC. 7. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--
            (1) In general.--Subject to paragraph (2), the Commission
        may, for the purpose of carrying out this Act, hold hearings,
        sit and act at times and places, take testimony, and receive
        evidence as the Commission considers appropriate.
            (2) Broad public participation.--The Commission shall
        conduct hearings in various areas of the United States,
        including inner cities, suburbs, and rural areas, to gather a
        broad spectrum of information on the issues to be addressed by
        the Commission. All interested persons shall be afforded an
        opportunity to testify at such hearings.
    (b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States such information as
the Commission considers necessary to carry out this Act. Upon request
of the Chairperson, the head of that department or agency shall furnish
such information to the Commission, to the extent not otherwise
prohibited by law.
    (d) 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.

SEC. 8. ANNUAL REPORTS.

    (a) First Report.--Upon the establishment of a uniform standard of
need and a formula and method for adjusting the uniform standard of
need under section 4, the Commission shall submit to the President, the
Secretary of Health and Human Services, the Committee on Ways and Means
of the House of Representatives, and the Committee on Finance of the
Senate a report on the uniform standard of need, and the formula and
method for adjusting the uniform standard of need.
    (b) Subsequent Reports.--On each anniversary of the date the report
required by subsection (a) is submitted, the Commission shall submit to
the President, the Secretary of Health and Human Services, the
Committee on Ways and Means of the House of Representatives, and the
Committee on Finance of the Senate a report that reviews the success of
the establishment of a uniform standard of need in curbing interstate
migration for the purposes of seeking greater payments of aid to
families with dependent children under State plans approved under part
A of title IV of the Social Security Act.

SEC. 9. TERMINATION.

    (a) In General.--The Commission shall terminate 6 years after the
first date there are 8 members of the Commission.
    (b) Inapplicability of Termination Provision of the Federal
Advisory Committee Act.--Section 14(a)(2)(B) of the Federal Advisory
Committee Act shall not apply to the Commission.

SEC. 10. CONFORMING AMENDMENTS.

    (a) In General.--Section 402(a) of the Social Security Act (42
U.S.C. 602(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (44);
            (2) by striking the period at the end of paragraph (45) and
        inserting a semicolon; and
            (3) by inserting after paragraph (45) the following:
            ``(46) provide that the State's standard of need for a
        family shall be--
                    ``(A) during the life of the Commission on Welfare
                Fairness, the uniform standard of need determined for a
                family of the same size by the Commission on Welfare
                Fairness under section 4 of the Welfare Fairness Act,
                adjusted by the Commission (as appropriate) in
                accordance with the formula and method established
                under such section; and
                    ``(B) after the termination of the Commission, the
                uniform standard of need referred to in subparagraph
                (A) of this paragraph, adjusted by the Secretary (as
                appropriate) in accordance with the formula and method
                established under such section; and
            ``(47) provide that, in determining the amount of aid
        payable to a family under the State plan, the State may not
        apply any rule not expressly provided in Federal law.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply to payments under part A of title IV of the Social Security Act
for calendar quarters ending after the date the Commission establishes
a uniform standard of need, and a formula and method for adjusting the
uniform standard of need, under section 3 of this Act.

Output: Welfare Fairness Act - Establishes the Commission on Welfare Fairness to establish a uniform standard of need for recipients of Aid to Families with Dependent Children (AFDC) under part A of title IV of the Social Security Act, and provide for appropriate adjustments to such standard.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Care Worker Incentive Act of
1999''.

SEC. 2. NATIONAL CHILD CARE PROVIDER SCHOLARSHIP PROGRAM.

    (a) Establishment of Program.--Section 658G of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended--
            (1) by inserting ``(a) In General.--'' before ``A State'';
        and
            (2) by adding at the end the following:
    ``(b) Child Care Provider Scholarship Program.--
            ``(1) State plan requirement.--In order to be eligible for
        funds under section 658J(a)(2), a State shall include in its
        plan under section 658E a child care provider scholarship
        program plan, meeting the requirements of this subsection,
        designed to further the goals of child care provider
        recruitment, training, credentialing, and retention.
            ``(2) Eligibility criteria for scholarship applicants.--The
        State plan shall provide that, in order for an individual to be
        eligible for a scholarship grant under this subsection, the
        following requirements shall be met:
                    ``(A) Demonstrated commitment to child care
                career.--The individual--
                            ``(i) shall be a child care worker who is
                        (or is employed by) a licensed or registered
                        child care provider, or has a commitment for
                        employment from a licensed or registered child
                        care provider; and
                            ``(ii) shall agree in writing to continue
                        to be employed in the field of child care for
                        at least one year after receiving the training
                        for which assistance is provided.
                    ``(B) Cost sharing by applicant.--
                            ``(i) In general.--The individual (either
                        as provided in clause (ii) or otherwise) shall
                        provide for payment, in cash or in kind, of a
                        share of the cost of the education or training.
                            ``(ii) Application for pell grants.--In the
                        case of an application for a scholarship
                        intended for use in an educational institution
                        participating in the Pell Grant program under
                        title IV of the Higher Education Act, the
                        individual shall apply for a grant under such
                        program for which the individual is eligible.
                    ``(C) Employer requirements.--In the case of an
                individual employed by (or who has a commitment for
                employment from) a licensed or registered child care
                provider the individual's employer shall--
                            ``(i) pay a share of the cost of the
                        education or training; and
                            ``(ii) agree to provide increased financial
                        incentives to the individual, such as a salary
                        increase or bonus, when the individual
                        completes the education or training.
            ``(3) Qualifying educational institutions.--The State plan
        shall specify the types of educational and training programs
        for which scholarships granted under the State program may be
        used, which shall be limited to (but may include any or all)
        programs that--
                    ``(A) are administered by institutions of higher
                education that are eligible to participate in student
                financial assistance programs under title IV of the
                Higher Education Act of 1965; and
                    ``(B) lead to a State or national credential in
                child care or early childhood or early childhood
                special education, or to an associate or bachelor's
                degree in child development or early childhood
                education.
            ``(4) Annual maximum scholarship grant amount.--The maximum
        amount of a scholarship awarded to an eligible individual under
        this section may not exceed $1,500 per year.
            ``(5) Supplementation of other funding.--The State plan
        shall contain assurances that Federal funds provided to the
        State under this subsection will not be used to supplant
        Federal or non-Federal funds for existing services and
        activities that promote the purposes of this subsection.''.
    (b) Authorization of Appropriations.--Section 658B of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is
amended
            (1) by inserting ``(a) In General.--'' before ``There'';
        and
            (2) by adding at the end the following:
    ``(b) Child Care Provider Scholarship Program.--There is authorized
to be appropriated to carry out section 658G(b) $50,000,000 for each of
fiscal years 2000 through 2004.''.
    (c) Allotment.--Section 658O of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858m) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``this
                subchapter'' and inserting ``each subsection of section
                658B''; and
                    (B) in paragraph (2) by striking ``section 658B''
                and inserting ``section 658B(a)'';
            (2) in subsection (b)(1) in the matter preceding
        subparagraph (A), by inserting ``each subsection of'' before
        ``section 658B''; and
            (3) in subsection (e)(1) by striking ``the allotment under
        subsection (b)'' and inserting ``an allotment under subsection
        (b)''.
    (d) Payments.--Section 658J(a) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858h) is amended--
            (1) by inserting ``(1)'' before ``Subject''; and
            (2) by adding at the end the following:
    ``(2) A State described in paragraph (1) whose plan under section
658E provides for a child care scholarship program under section
658G(b) shall be entitled to payment under this section in an amount
equal to the lesser of its allotment under section 658O or 80 percent
of expenditures by the State for such program.''.
    (e) Annual Report.--Section 658K(a)(2) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858i) is amended--
            (1) in subparagraph (D) by striking ``and'' at the end;
            (2) in subparagraph (E) by adding ``and'' at the end; and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) the child care scholarship program,
                including--
                            ``(i) the number of child care workers
                        receiving scholarship grants;
                            ``(ii) the amount of each scholarship
                        grant;
                            ``(iii) the number of course credits or
                        credentials completed by individuals receiving
                        scholarships;
                            ``(iv) the number and percentage of child
                        care workers receiving scholarship grants in
                        the previous year who fulfilled their 1-year
                        commitment; and
                            ``(v) such other data as the Secretary may
                        require.''.

SEC. 3. APPLICATION OF AMENDMENTS.

    The amendments made by this Act shall not apply with respect to
fiscal years beginning before the date of the enactment of this Act.

Output:
Child Care Worker Incentive Act of 1999 - Amends the Child Care and Development Block Grant Act of 1990 to establish a national child care provider scholarship program.
Sets forth eligibility criteria for scholarship applicants, including: (1) demonstrated commitment to a child care career; (2) cost sharing by the applicant and employer; and (3) the employer's agreement to provide increased financial incentives to the employee upon completion of the education or training.
Includes such program under requirements for State plans, allotments, payments, and annual reports.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Saudi Arabia Accountability Act of
2003''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) United Nations Security Council Resolution 1373 (2001)
        mandates that all states ``refrain from providing any form of
        support, active or passive, to entities or persons involved in
        terrorist acts'', take ``the necessary steps to prevent the
        commission of terrorist acts'', and ``deny safe haven to those
        who finance, plan, support, or commit terrorist acts''.
            (2) The Council on Foreign Relations concluded in an
        October 2002 report on terrorist financing that ``[f]or years,
        individuals and charities based in Saudi Arabia have been the
        most important source of funds for al-Qaeda, and for years,
        Saudi officials have turned a blind eye to this problem''.
            (3) The Middle East Media Research Institute concluded in a
        July 3, 2003, report on Saudi support for Palestinian
        terrorists that ``for decades, the royal family of the Kingdom
        of Saudi Arabia has been the main financial supporter of
        Palestinian groups fighting Israel''. The report notes
        specifically that Saudi-sponsored organizations have funneled
        over $4,000,000,000 to finance the Palestinian intifada that
        began in September 2000.
            (4) Much of this Saudi money has been directed to Hamas and
        to the families of suicide bombers, directly funding and
        rewarding suicide bombers. In December 2000, former Palestinian
        Prime Minister Mahmoud Abbas wrote to the Saudis to complain
        about their support for Hamas.
            (5) The New York Times, citing United States and Israeli
        sources, reported on September 17, 2003, that at least 50
        percent of the current operating budget of Hamas comes from
        ``people in Saudi Arabia''.
            (6) Many Saudi-funded religious institutions and the
        literature they distribute teach a message of hate and
        intolerance that provides an ideological basis for anti-Western
        terrorism. The effects of these teachings are evidenced by the
        fact that Osama bin Laden himself and 15 of the 19 September
        11th hijackers were Saudi citizens.
            (7) After the 1996 bombing of the Khobar Towers housing
        complex at Dahran, Saudi Arabia, which killed 19 United States
        Air Force personnel and wounded approximately 400 people, the
        Government of Saudi Arabia refused to allow United States
        officials to question individuals held in detention by the
        Saudis in connection with the attack.
            (8) During an October 2002 hearing on financing of
        terrorism before the Committee on the Judiciary of the Senate,
        the Undersecretary for Enforcement of the Department of the
        Treasury testified that the Government of Saudi Arabia had
        taken only ``baby steps'' toward stemming the financing of
        terrorist activities.
            (9) During a July 2003 hearing on terrorism before the
        Subcommittee on Terrorism, Technology and Homeland Security of
        the Committee on the Judiciary of the Senate, David Aufhauser,
        General Counsel of the Treasury Department, stated that Saudi
        Arabia is, in many cases, the ``epicenter'' of financing for
        terrorism.
            (10) A joint committee of the Select Committee on
        Intelligence of the Senate and the Permanent Select Committee
        on Intelligence of the House of Representatives issued a report
        on July 24, 2003, that quotes various United States Government
        personnel who complained that the Saudis refused to cooperate
        in the investigation of Osama bin Laden and his network both
        before and after the September 11, 2001, terrorist attacks.
            (11) There are indications that, since the May 12, 2003,
        suicide bombings in Riyadh, the Government of Saudi Arabia is
        making a more serious effort to combat terrorism.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) it is imperative that the Government of Saudi Arabia
        immediately and unconditionally--
                    (A) provide complete, unrestricted, and
                unobstructed cooperation to the United States,
                including the unsolicited sharing of relevant
                intelligence in a consistent and timely fashion, in the
                investigation of groups and individuals that are
                suspected of financing, supporting, plotting, or
                committing an act of terror against United States
                citizens anywhere in the world, including within the
                Kingdom of Saudi Arabia;
                    (B) permanently close all charities, schools, or
                other organizations or institutions in the Kingdom of
                Saudi Arabia that fund, train, incite, encourage, or in
                any other way aid and abet terrorism anywhere in the
                world (hereafter in this Act referred to as ``Saudi-
                based terror organizations''), including by means of
                providing support for the families of individuals who
                have committed acts of terrorism;
                    (C) end funding or other support by the Government
                of Saudi Arabia for charities, schools, and any other
                organizations or institutions outside the Kingdom of
                Saudi Arabia that train, incite, encourage, or in any
                other way aid and abet terrorism anywhere in the world
                (hereafter in this Act referred to as ``offshore terror
                organizations''), including by means of providing
                support for the families of individuals who have
                committed acts of terrorism; and
                    (D) block all funding from private Saudi citizens
                and entities to any Saudi-based terror organization or
                offshore terrorism organization; and
            (2) the President, in deciding whether to make the
        certification under section 4, should judge whether the
        Government of Saudi Arabia has continued and sufficiently
        expanded the efforts to combat terrorism that it redoubled
        after the May 12, 2003, bombing in Riyadh.

SEC. 4. SANCTIONS.

    (a) Restrictions on Exports and Diplomatic Travel.--Unless the
President makes the certification described in subsection (c), the
President shall take the following actions:
            (1) Prohibit the export to the Kingdom of Saudi Arabia, and
        prohibit the issuance of a license for the export to the
        Kingdom of Saudi Arabia, of--
                    (A) any defense articles or defense services on the
                United States Munitions List under section 38 of the
                Arms Export Control Act (22 U.S.C. 2778) for which
                special export controls are warranted under such Act
                (22 U.S.C. 2751 et seq.); and
                    (B) any item identified on the Commerce Control
                List maintained under part 774 of title 15, Code of
                Federal Regulations.
            (2) Restrict travel of Saudi diplomats assigned to
        Washington, District of Columbia, New York, New York, the Saudi
        Consulate General in Houston, or the Saudi Consulate in Los
        Angeles to a 25-mile radius of Washington, District of
        Columbia, New York, New York, the Saudi Consulate General in
        Houston, or the Saudi Consulate in Los Angeles, respectively.
    (b) Waiver.--The President may waive the application of subsection
(a) if the President--
            (1) determines that it is in the national security interest
        of the United States to do so; and
            (2) submits to the appropriate congressional committees a
        report that contains the reasons for such determination.
    (c) Certification.--The President shall transmit to the appropriate
congressional committees a certification of any determination made by
the President after the date of the enactment of this Act that the
Government of Saudi Arabia--
            (1) is fully cooperating with the United States in
        investigating and preventing terrorist attacks;
            (2) has permanently closed all Saudi-based terror
        organizations;
            (3) has ended any funding or other support by the
        Government of Saudi Arabia for any offshore terror
        organization; and
            (4) has exercised maximum efforts to block all funding from
        private Saudi citizens and entities to offshore terrorist
        organizations.

SEC. 5. REPORT.

    (a) Requirement for Report.--Not later than 6 months after the date
of the enactment of this Act, and every 12 months thereafter until the
President makes the certification described in section 4(c), the
Secretary of State shall submit to the appropriate congressional
committees a report on the progress made by the Government of Saudi
Arabia toward meeting the conditions described in paragraphs (1)
through (4) of section 4(c).
    (b) Form.--The report submitted under subsection (a) shall be in
unclassified form but may include a classified annex.

SEC. 6. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.

    In this Act, the term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives.

Output:
Saudi Arabia Accountability Act of 2003 - Expresses the sense of Congress that the Government of Saudi Arabia must immediately and unconditionally: (1) provide complete, unrestricted, and unobstructed cooperation to the United States in the investigation of terror groups and individuals; (2) close permanently all organizations in Saudi Arabia that fund, train, incite, encourage, or in any way aid and abet terrorism anywhere in the world; (3) end all funding for terror organizations outside Saudi Arabia ("offshore terror organizations"); and (4) block all funding from private Saudi citizens and entities to Saudi-based or offshore terror organizations.

Directs the President to certify to Congress that the Government of Saudi Arabia is fully cooperating with the United States in investigating and preventing terrorist attacks, has closed permanently all Saudi-based terror organizations, has ended funding for any offshore terror organization, and has made all efforts to block funding from private Saudi citizens and entities to offshore terror organizations. Requires the President to prohibit certain exports to Saudi Arabia and restrict travel of certain Saudi diplomats if the President cannot certify that the Government of Saudi Arabia has taken the measures required by this Act to combat terrorism. Allows the President to waive such sanctions if the President determines that it is in the national security interest to do so.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FISA Judge Selection Reform Act of
2013''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) FISA court.--The term ``FISA Court'' means the court
        established under section 103(a) of the Foreign Intelligence
        Surveillance Act of 1978 (50 U.S.C. 1803(a)).
            (2) FISA court of review.--The term ``FISA Court of
        Review'' means the court of review established under section
        103(b) of the Foreign Intelligence Surveillance Act of 1978 (50
        U.S.C. 1803(b)).

SEC. 3. REFORMS TO THE FOREIGN INTELLIGENCE SURVEILLANCE COURT.

    (a) FISA Court Judges.--
            (1) Number and designation of judges.--Section 103(a)(1) of
        the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
        1803(a)(1)) is amended to read as follows:
    ``(1)(A) There is a court (referred to in this paragraph as the
`FISA Court') which shall have jurisdiction to hear applications for
and to grant orders approving electronic surveillance anywhere within
the United States under the procedures set forth in this Act.
    ``(B)(i) The FISA Court shall consist of 13 judges, one of whom
shall be designated from each judicial circuit (including the United
States Court of Appeals for the District of Columbia and the United
States Court of Appeals for the Federal Circuit).
    ``(ii) The Chief Justice of the United States shall--
            ``(I) designate each judge of the FISA Court from the
        nominations made under subparagraph (C); and
            ``(II) make the name of each judge of the FISA Court
        available to the public.
    ``(C)(i) When a vacancy occurs in the position of a judge of FISA
Court from a judicial circuit, the chief judge of the circuit shall
propose a district judge for a judicial district within the judicial
circuit to be designated for that position.
    ``(ii) If the Chief Justice does not designate a district judge
proposed under clause (i), the chief judge shall propose 2 other
district judges for a judicial district within the judicial circuit to
be designated for that position and the Chief Justice shall designate 1
such district judge to that position.
    ``(D) No judge of the FISA Court (except when sitting en banc under
paragraph (2)) shall hear the same application for electronic
surveillance under this Act which has been denied previously by another
judge of the FISA Court.
    ``(E) If any judge of the FISA Court denies an application for an
order authorizing electronic surveillance under this Act, such judge
shall provide immediately for the record a written statement of each
reason for the judge's decision and, on motion of the United States,
the record shall be transmitted, under seal, to the court of review
established in subsection (b).''.
            (2) Tenure.--Section 103(d) of the Foreign Intelligence
        Surveillance Act of 1978 (50 U.S.C. 1803(b)) is amended by
        striking ``redesignation,'' and all that follows through the
        end and inserting ``redesignation.''.
            (3) Implementation.--
                    (A) Incumbents.--A district judge designated to
                serve on the court established under section 103(a) of
                the Foreign Intelligence Surveillance Act of 1978 (50
                U.S.C. 1803(a)) before the date of enactment of this
                Act may continue to serve in that position until the
                end of the term of the district judge under section
                103(d) of such Act, as in effect on the day before the
                date of enactment of this Act.
                    (B) Initial appointment and term.--Notwithstanding
                any provision of section 103 of the Foreign
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1803),
                as amended by paragraphs (1) and (2), and not later
                than 180 days after the date of enactment of this Act,
                the Chief Justice of the United States shall--
                            (i) designate a district court judge who is
                        serving in a judicial district within the
                        District of Columbia circuit and proposed by
                        the chief judge of such circuit to be a judge
                        of the FISA Court for an initial term of 7
                        years; and
                            (ii) designate a district court judge who
                        is serving in a judicial district within the
                        Federal circuit and proposed by the chief judge
                        of such circuit to be a judge of the FISA Court
                        for an initial term of 4 years.
    (b) Court of Review.--Section 103(b) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(b)) is amended--
            (1) by striking ``The Chief Justice'' and inserting ``(1)
        Subject to paragraph (2), the Chief Justice''; and
            (2) by adding at the end the following:
    ``(2) The Chief Justice may designate a district court judge or
circuit court judge to a position on the court established under
paragraph (1) only if at least 5 associate justices approve the
designation of such individual.''.

SEC. 4. STUDY AND REPORT ON DIVERSITY AND REPRESENTATION ON THE FISA
              COURTS.

    (a) Study.--The Committee on Intercircuit Assignments of the
Judicial Conference of the United States shall carry out a study on how
to ensure judges are appointed to the FISA Court and the FISA Court of
Review in a manner that ensures such Courts are diverse and
representative.
    (b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Committee on Intercircuit Assignments shall submit to
Congress a report on the study carried out under subsection (a).

Output: FISA Judge Selection Reform Act of 2013 - Amends the Foreign Intelligence Surveillance Act of 1978, with respect to the appointment of judges to the court established by such Act (FISA Court), to: (1) increase from 11 to 13 the number of FISA Court judges, with one judge designated from each judicial circuit; (2) authorize a chief judge of a judicial circuit to submit to the Chief Justice of the United States the name of a district judge within such circuit to fill a FISA Court vacancy; (3) allow the Chief Justice to accept the proposed replacement judge or reject such replacement and request two additional names; (4) require the Chief Justice to fill the vacancy with one of the two additional named judges; and (5) require any judge appointed to the Foreign Intelligence Surveillance Court of Review by the Chief Justice to be confirmed by five Associate Justices. Directs the Committee on Intercircuit Assignments of the Judicial Conference of the United States to study and report on how to ensure that judges appointed to the FISA Court and the FISA Court of Review are diverse and representative.