Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fund and Complete the Border Wall
Act''.

SEC. 2. BORDER WALL TRUST FUND.

    (a) Establishment of Fund.--At the end of subchapter III of chapter
33 of title 31, United States Code, insert the following:
``Sec. 3344. Secure the Southern Border Fund.
    ``(a) In General.--Not later than 60 days after the date of
enactment of this section, the Secretary of the Treasury shall
establish an account in the Treasury of the United States, to be known
as the `Secure the Southern Border Fund', into which funds shall be
deposited in accordance with the Fund and Complete the Border Wall Act
and the amendments made by that Act.
    ``(b) Appropriation.--Funds deposited in the Secure the Southern
Border Fund shall be available until expended. Such funds are
authorized to be appropriated, and are appropriated, to the Secretary
of Homeland Security only--
            ``(1) to plan, design, construct, or maintain a barrier
        along the international border between the United States and
        Mexico; and
            ``(2) to purchase and maintain necessary vehicles and
        equipment for U.S. Border Patrol agents.
    ``(c) Limitation.--Not more than 5 percent of the funds deposited
in the Secure the Southern Border Fund may be used for the purpose
described in subsection (b)(2).''.
    (b) Clerical Amendment.--The table of contents for chapter 33 of
title 31, United States Code, is amended by inserting at the end the
following:

``3344. Secure the Southern Border Fund.''.

SEC. 3. BORDER CROSSING ACCOUNTABILITY AND SECURITY.

    (a) Estimation of Annual Illegal Border Crossings.--Beginning with
the first fiscal year that begins after the date of the enactment of
this Act, not later than 30 days after the end of each fiscal year, the
Secretary of Homeland Security shall determine and report to the
Secretary of State and the Committees on the Judiciary of the House of
Representatives and of the Senate--
            (1) the number of apprehensions that occurred during such
        fiscal year of aliens who entered the United States by
        illegally crossing the international land border between the
        United States and Mexico; and
            (2) the nationality of aliens described in paragraph (1).
    (b) Reduction of Foreign Assistance.--
            (1) In general.--Except as provided under paragraph (2),
        the Secretary of State shall proportionately reduce the amount
        of Federal financial assistance provided to a foreign state for
        the fiscal year in which a report under subsection (a) is made
        by a total of $2,000 for each alien described in such report
        who is a citizen or national of that country.
            (2) Exception.--Notwithstanding paragraph (1), the
        Secretary of State may opt not to reduce the amounts
        appropriated for the Government of Mexico from the
        International Military Education and Training Fund, the
        International Narcotics Control and Law Enforcement Fund, and
        the fund to carry out nonproliferation, anti-terrorism,
        demining, and related programs and activities.
    (c) Transfer of Funds to Secure the Southern Border Fund.--The
Secretary of State, in consultation with the Secretary of Homeland
Security and the Secretary of the Treasury, shall transfer funds
described in subsection (b) into the Secure the Southern Border Fund
established by the amendment made by section 2 of this Act.

SEC. 4. FEES FOR CERTAIN REMITTANCE TRANSFERS.

    Section 920 of the Electronic Fund Transfer Act (relating to
remittance transfers) (15 U.S.C. 1693o-1) is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) Secure the Southern Border Fund Fee.--
            ``(1) In general.--If the designated recipient of a
        remittance transfer is located outside of the United States, a
        remittance transfer provider shall collect from the sender of
        such remittance transfer a remittance fee equal to 5 percent of
        the United States dollar amount to be transferred.
            ``(2) Transfer of funds.--Not later than 90 days after the
        date of enactment of this subsection, the Secretary of the
        Treasury, in consultation with the Bureau and remittance
        transfer providers, shall develop and make available a system
        for remittance transfer providers to submit the remittance fees
        collected in accordance with paragraph (1) to the Secure the
        Southern Border Fund established under section 3344 of title
        31, United States Code.
            ``(3) Penalties.--
                    ``(A) Whoever, with the intent to evade a
                remittance fee to be collected in accordance with this
                subsection, and who has knowledge that, at the time of
                a remittance transfer, the value of the funds involved
                in the transfer will be further transferred to a
                recipient located outside of the United States,
                requests or facilitates such remittance transfer to a
                recipient located outside of the United States shall be
                subject to a penalty of not more than $500,000 or twice
                the value of the funds involved in the remittance
                transfer, whichever is greater, or imprisonment for not
                more than 20 years, or both.
                    ``(B) Any foreign country that, in the joint
                determination of the Secretary of Homeland Security,
                the Secretary of the Treasury, and the Secretary of
                State, aids or harbors an individual conspiring to
                avoid the fee collected in accordance with this
                subsection shall be ineligible to receive foreign
                assistance and to participate in the visa waiver
                program or any other programs, at the discretion of the
                Secretaries described in this subparagraph.''.

SEC. 5. FEES FOR FORM I-94.

    (a) Fee Increase.--The Secretary of Homeland Security shall
increase the fee collected for services performed in processing U.S.
Customs and Border Protection Form I-94, Arrival/Departure Record, from
$6 to $25.
    (b) Disposition of Fees Collected.--Notwithstanding any other
provision of law, including section 286(q) of the Immigration and
Nationality Act (8 U.S.C. 1356(q)), all fees collected for services
performed in processing U.S. Customs and Border Protection Form I-94
shall be allocated as follows:
            (1) $6 shall be deposited in the Land Border Inspection Fee
        Account and used in accordance with such section 286(q).
            (2) To the extent provided in advance in appropriations
        Acts, $10 shall be used for salaries for U.S. Border Patrol
        agents.
            (3) $9 shall be deposited in the Secure the Southern Border
        Fund established by the amendment made by section 2 of this
        Act.

SEC. 6. CONSTRUCTION OF BORDER WALL.

    (a) Improvement of Barriers at Border.--Section 102 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (Division C
of Public Law 104-208; 8 U.S.C. 1103 note) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--Not later than December 31, 2019, the Secretary
of Homeland Security shall take such actions as may be necessary
(including the removal of obstacles to detection of illegal entrants)
to design, test, construct, and install physical barriers, roads, and
technology along the international land border between the United
States and Mexico to prevent illegal crossings in all areas.'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in the paragraph heading, by striking
                        ``Additional fencing'' and inserting
                        ``Fencing'';
                            (ii) by striking subparagraph (A) and
                        inserting the following:
                    ``(A) Physical barriers.--In carrying out
                subsection (a), the Secretary of Homeland Security
                shall construct physical barriers, including secondary
                barriers in locations where there is already a fence,
                along the international land border between the United
                States and Mexico that will prevent illegal entry and
                will assist in gaining operational control of the
                border (as defined in section 2(b) of the Secure Fence
                Act of 2006 (8 U.S.C. 1701 note; Public Law 109-
                367)).'';
                            (iii) by striking subparagraph (B) and
                        redesignating subparagraphs (C) and (D) as
                        subparagraphs (B) and (C), respectively;
                            (iv) in subparagraph (B), as so
                        redesignated--
                                    (I) by striking clause (i) and
                                inserting the following:
                            ``(i) In general.--In carrying out this
                        section, the Secretary of Homeland Security
                        shall, before constructing physical barriers in
                        a specific area or region, consult with the
                        Secretary of the Interior, the Secretary of
                        Agriculture, appropriate Federal, State, local,
                        and tribal governments, and appropriate private
                        property owners in the United States to
                        minimize the impact on the environment,
                        culture, commerce, and quality of life for the
                        communities and residents located near the
                        sites at which such physical barriers are to be
                        constructed. Nothing in this paragraph should
                        be construed to limit the Secretary of Homeland
                        Security's authority to move forward with
                        construction after consultation.'';
                                    (II) by redesignating clause (ii)
                                as clause (iii); and
                                    (III) by inserting after clause
                                (i), as amended, the following new
                                clause:
                            ``(ii) Notification.--Not later than 60
                        days after the consultation required under
                        clause (i), the Secretary of Homeland Security
                        shall notify the Committees on the Judiciary of
                        the House of Representatives and of the Senate,
                        the Committee on Homeland Security of the House
                        of Representatives, and the Committee on
                        Homeland Security and Governmental Affairs of
                        the Senate of the type of physical barriers,
                        tactical infrastructure, or technology the
                        Secretary has determined is most practical and
                        effective to achieve situational awareness and
                        operational control in a specific area or
                        region and the other alternatives the Secretary
                        considered before making such a
                        determination.''; and
                            (v) by striking subparagraph (C), as so
                        redesignated, and inserting the following:
                    ``(C) Limitation on requirements.--Notwithstanding
                subparagraph (A), nothing in this paragraph shall
                require the Secretary of Homeland Security to install
                fencing, physical barriers, or roads, in a particular
                location along the international border between the
                United States and Mexico, if the Secretary determines
                that there is a pre-existing geographical barrier or
                pre-constructed, impenetrable wall. The Secretary must
                notify the House and Senate Committees on the
                Judiciary, the House Committee on Homeland Security,
                and the Senate Committee on Homeland Security and
                Governmental Affairs of any decision not to install
                fencing in accordance with this provision within 30
                days of a determination being made.'';
                    (B) in paragraph (2)--
                            (i) by striking ``Attorney General'' and
                        inserting ``Secretary of Homeland Security'';
                        and
                            (ii) by striking ``fences'' and inserting
                        ``physical barriers and roads''; and
                    (C) in paragraph (3)--
                            (i) by striking ``Attorney General'' and
                        inserting ``Secretary of Homeland Security'';
                        and
                            (ii) by striking ``additional fencing'' and
                        inserting ``physical barriers and roads''; and
            (3) in subsection (c), by amending paragraph (1) to read as
        follows:
            ``(1) In general.--Notwithstanding any other provision of
        law, the Secretary of Homeland Security shall have the
        authority to waive all legal requirements the Secretary, in the
        Secretary's sole discretion, determines necessary to ensure the
        expeditious design, testing, construction, installation,
        deployment, operation, and maintenance of physical barriers,
        roads, and technology under this section. Any such decision by
        the Secretary shall be effective upon publication in the
        Federal Register.''.
    (b) Achieving Operational Control on the Border.--Subsection (a) of
section 2 the Secure Fence Act of 2006 (8 U.S.C. 1701 note) is amended,
in the matter preceding paragraph (1), by striking ``18 months after
the date of the enactment of this Act'' and inserting ``December 31,
2019''.

SEC. 7. FAIR LABOR STANDARDS ACT FOR U.S. BORDER PATROL.

    (a) In General.--Section 7 of the Fair Labor Standards Act of 1938
(29 U.S.C. 207) is amended by adding at the end the following:
    ``(s) Employment as a Border Patrol Agent.--No public agency shall
be deemed to have violated subsection (a) with respect to the
employment of any border patrol agent (as defined in section 5550(1) of
title 5, United States Code) if, during a work period of 14 consecutive
days, the border patrol agent receives compensation at a rate that is
not less than 150 percent of the regular rate at which the agent is
employed for all hours of work from 80 hours to 100 hours. Payments
required under this section shall be in addition to any payments made
under section 5550 of title 5, United States Code, and shall be made
notwithstanding any pay limitations set forth in that title.''.
    (b) Technical and Conforming Amendments.--Section 13(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended by striking
paragraph (18) and redesignating paragraph (19) as paragraph (18).

SEC. 8. SEVERABILITY.

    If any provision of this Act, or an amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance, is held to be invalid, the remainder of this Act, or an
amendment made by this Act, or the application of such provision to
other persons or circumstances, shall not be affected.

Output: Fund and Complete the Border Wall Act This bill directs the Department of the Treasury to establish the Secure the Southern Border Fund to provide funds to the Department of Homeland Security (DHS) to: (1) construct a barrier along the U.S.-Mexico international border, and (2) purchase U.S. Border Patrol vehicles and equipment.  DHS shall annually provide the Department of State and Congress with the number of apprehensions and nationality of aliens who illegally entered the United States through the U.S- Mexico land border. The bill reduces by $2,000 per alien the foreign assistance provided to the countries of nationality of such aliens and transfers such revenue to the fund. The State Department may opt to not reduce appropriations to Mexico for military, narcotics control, and anti-terrorism activities. The Electronic Fund Transfer Act is amended to establish a 5% foreign remittance fee to be transferred to the fund. A foreign country that aids an individual to avoid such fee shall be ineligible for foreign assistance and the visa waiver program.  The bill increases the fee for the alien admission/departure I-94 form and transfers such revenue to the fund, the Land Border Inspection Fee account, and the Border Patrol. The bill directs DHS by December 31, 2019, to: (1) design and install physical barriers, roads, and technology along the the U.S.-Mexico international border to prevent illegal crossings; and (2) achieve operational control of the U.S. international land and maritime borders.  The Fair Labor Standards Act of 1938 is amended to permit Border Patrol agents to receive overtime pay.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Accounting Oversight Board
Act of 2009''.

SEC. 2. THE FEDERAL ACCOUNTING OVERSIGHT BOARD.

    (a) Establishment.--There is hereby established the Federal
Accounting Oversight Board (hereinafter in this Act referred to as the
``FAOB'').
    (b) Duties.--
            (1) Approval of accounting policy.--The FAOB shall approve
        and oversee accounting principles and standards for purposes of
        the Federal financial regulatory agencies and reporting
        requirements required by such agencies. In approving and
        overseeing such accounting principles and standards, the FAOB
        shall consider--
                    (A) the extent to which accounting principles and
                standards create systemic risk exposure for--
                            (i) the United States public;
                            (ii) the United States financial markets;
                        and
                            (iii) global financial markets;
                    (B) the extent to which various accounting
                principles and standards resolve questions concerning
                liquid and illiquid instruments;
                    (C) whether certain accounting principles and
                standards should apply to distressed markets
                differently than well-functioning markets;
                    (D) the balance between investors' need to know a
                value of a company or financial institution's balance
                sheet at any given time versus financial regulators'
                responsibility to examine a company or financial
                institution's capital and value on both a liquidation
                and going concern basis;
                    (E) the accuracy and transparency of financial
                statements;
                    (F) the ability of investors and regulators to
                accurately judge the current and long term financial
                condition of companies and financial institutions from
                their financial statements;
                    (G) the need for accounting principles and
                standards to take into account the need for financial
                institutions to maintain adequate reserves to cover
                expected losses from assets held by such institution;
                    (H) the extent to which accounting principles and
                standards can improve the usefulness of financial
                reporting by focusing on the characteristics of
                relevance and reliability and on the qualities of
                comparability and consistency;
                    (I) the extent to which such principles and
                standards can be kept current to reflect changes in
                methods of doing business and changes in the economic
                environment; and
                    (J) any other factors that the FAOB considers
                appropriate.
            (2) Consultation and public comment.--
                    (A) In general.--In carrying out its duties, the
                FAOB may consult with such organizations or entities as
                the FAOB believes to be appropriate, including, but not
                limited to, the Financial Accounting Standards Board,
                the International Accounting Standards Board, or the
                Public Company Accounting Oversight Board.
                    (B) Consultation; public comment.--The FAOB shall,
                before approving a specific accounting principle or
                standard--
                            (i) solicit input from financial regulators
                        on the principle or standard, including from
                        the Comptroller of the Currency, the Director
                        of the Office of Thrift Supervision, the
                        Federal Housing Finance Agency, the
                        Administrator of the National Credit Union
                        Administration, the President of the National
                        Association of Insurance Commissioners, and the
                        Chairman of the Commodities Future Trading
                        Commission; and
                            (ii) provide the public with an opportunity
                        to comment on the principle or standard.
                    (C) Safety and soundness considerations.--If any
                Federal financial regulatory agency determines that any
                accounting principle or standard approved by the FAOB,
                or any accounting principle or standard in effect on
                the effective date of this Act, has an adverse effect
                on the safety and soundness of the entities it
                regulates, the health of the United States financial
                system, or the United States economy, the agency may
                request authorization from the FAOB to review such
                accounting principle or standard for the agency, and
                the FAOB shall determine whether the standard or
                principle should continue to be applied or instead
                removed on either a temporary or permanent basis. The
                FAOB shall have 30 days or such additional time as it
                may need up to 180 days to review and act on such
                request. The agency may exercise discretion in ignoring
                the principle or standard on an emergency or temporary
                basis for up to 30 days unless otherwise extended by
                FAOB. The FAOB shall also consider whether any change
                authorized under this paragraph should be permanently
                approved by the FAOB as an accounting principle or
                standard.
            (3) Reports.--The FAOB shall, not less often than yearly,
        compile a report on the accounting principles and standards
        that the FAOB has reviewed and approved either temporarily or
        permanently, and--
                    (A) submit such report to the Congress;
                    (B) submit such report to the Financial Accounting
                Standards Board;
                    (C) submit such report to the International
                Accounting Standards Board; and
                    (D) make such report available to the public on a
                website.
    (c) Membership.--
            (1) In general.--The FAOB shall consist of five members:
                    (A) The Chairman of the Board of Governors of the
                Federal Reserve System.
                    (B) The Secretary of the Treasury.
                    (C) The Chairman of the Securities and Exchange
                Commission.
                    (D) The Chairman of the Federal Deposit Insurance
                Corporation.
                    (E) The Chairman of the Public Company Accounting
                Oversight Board.
            (2) Chairman.--The Chairman of the Board of Governors of
        the Federal Reserve System shall serve as the chairman of the
        FAOB.
    (d) Funding.--
            (1) Annual budget.--The FAOB shall establish a budget for
        each fiscal year.
            (2) Source of funds.--The budget of the FAOB shall be
        payable from annual support fees, in accordance with this
        subsection.
            (3) Annual support fee for the faob.--
                    (A) Establishment of fee.--The FAOB shall establish
                a reasonable annual support fee (or a formula for the
                computation thereof), as may be necessary or
                appropriate to establish and maintain the FAOB. Such
                fee may also cover costs incurred in the FAOB's first
                fiscal year (which may be a short fiscal year), or may
                be levied separately with respect to such short fiscal
                year.
                    (B) Assessments.--The rules of the FAOB under
                subparagraph (A) shall provide for the equitable
                allocation, assessment, and collection by the FAOB (or
                an agent appointed by the FAOB) of the fee established
                under subparagraph (A), among registered public
                accounting firms, allowing for differentiation among
                classes of firms, as appropriate.
            (4) Limitation on fee.--The amount of fees collected under
        this subsection for a fiscal year on behalf of the FAOB shall
        not exceed the recoverable budget expenses of the FAOB (which
        may include operating, capital, and accrued items), referred to
        in paragraph (2).
            (5) Fee requirement for registration by the public company
        accounting oversight board.--Section 102 of the Sarbanes-Oxley
        Act of 2002 (15 U.S.C. 7212) is amended by adding at the end
        the following new subsection:
    ``(g) Annual Fee To Support the Federal Accounting Oversight
Board.--In addition to any other fees required by this title, a
registered public accounting firm shall pay the annual support fee
allocated to the registered public accounting firm under section 2(d)
of the Federal Accounting Oversight Board Act of 2009.''.
            (6) Start-up expenses.--From the unexpended balances of the
        appropriations to the Security and Exchange Commission for
        fiscal year 2009, the Secretary of the Treasury is authorized
        to advance to the FAOB funds not to exceed the amount necessary
        to cover the expenses of the FAOB during its first fiscal year
        (which may be a short fiscal year).
    (e) Pay; Travel Expenses.--Members of the FAOB shall not receive
any additional pay, allowances, or benefits by reason of their service
on the FAOB, except that each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
    (f) Meetings.--The FAOB shall meet at the call of the Chairman of
the FAOB.
    (g) Staff.--
            (1) In general.--The FAOB may appoint and fix the pay of
        any personnel that the FAOB considers appropriate to carry out
        its duties under this Act.
            (2) Experts and consultants.--The FAOB may procure
        temporary and intermittent services under section 3109(b) of
        title 5, United States Code.
            (3) Staff of agencies.--Upon request of the FAOB, 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 FAOB to assist it in carrying out its duties
        under this Act.
    (h) Powers.--
            (1) Hearings and sessions.--The FAOB 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 FAOB
        considers appropriate and may administer oaths or affirmations
        to witnesses appearing before it.
            (2) Powers of members and agents.--Any member or agent of
        the FAOB may, if authorized by the FAOB, take any action which
        the FAOB is authorized to take by this Act.
            (3) Obtaining official data.--The FAOB 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 Chairman of the FAOB, the head of that department or agency
        shall furnish that information to the FAOB.

SEC. 3. REQUIRING AGENCIES TO CONFORM TO FAOB APPROVED ACCOUNTING
              PRACTICES AND STANDARDS.

    Notwithstanding any other provision of law, a Federal financial
regulatory agency shall, not later than 180 days, or within a shorter
time period as the FAOB may prescribe, after the FAOB approves an
accounting principle or standard, ensure that all rules and regulations
made by such agency conform with the approval made by the FAOB.

SEC. 4. TRANSFER OF STANDARD SETTING BODY OVERSIGHT AUTHORITY FROM THE
              SEC TO THE FAOB.

    (a) Securities Act of 1933.--Section 19(b) of the Securities Act of
1933 (15 U.S.C. 77s(b)) is amended--
            (1) by striking `` Commission'' each place it appears and
        inserting ``Federal Accounting Oversight Board'';
            (2) by striking ``subsection (a) and under section 13(b) of
        the Securities Exchange Act of 1934'' and inserting ``the
        Federal Accounting Oversight Board Act of 2009''; and
            (3) by striking ``subsection (a) and section 13(b) of the
        Securities Exchange Act of 1934'' and inserting ``the Federal
        Accounting Oversight Board Act of 2009''.

SEC. 5. DEFINITIONS.

    For the purposes of this Act:
            (1) Federal financial regulatory agency.--The term
        ``Federal financial regulatory agency'' means--
                    (A) the Office of Thrift Supervision;
                    (B) the Federal Deposit Insurance Corporation;
                    (C) the National Credit Union Administration;
                    (D) the Securities and Exchange Commission;
                    (E) the Federal Reserve System; and
                    (F) the Office of the Comptroller of the Currency.
            (2) Registered public accounting firm.--The term
        ``registered public accounting firm'' shall have the same
        meaning as in section 2(a)(12) of the Sarbanes-Oxley Act of
        2002 (15 U.S.C. 7201(a)(12)).
            (3) Securities laws defined.--The term ``securities laws''
        shall have the same meaning as in section 3(a)(47) of the
        Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)).

Output:
Federal Accounting Oversight Board Act of 2009 - Establishes the Federal Accounting Oversight Board (FAOB) to approve and oversee accounting principles and standards for purposes of the federal financial regulatory agencies and the reporting requirements they require.

Directs the FAOB to report annually to Congress, the Financial Accounting Standards Board, and the International Accounting Standards Board on the principles and standards it has reviewed and approved

Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to transfer standard body oversight authority from the Securities and Exchange Commission (SEC) to the FAOB.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Northern Ireland Peace Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Since the British Army and the Royal Ulster
        Constabulary in Northern Ireland have begun to use plastic
        bullets as weapons, thousands have been injured and 17
        individuals have been killed by such bullets, including seven
        children.
            (2) Since the Royal Ulster Constabulary began to use
        plastic bullets in 1973, more than 54,000 rounds have been
        fired, and plastic bullets have completely replaced rubber
        bullets.
            (3)(A) Plastic bullets are often used in a sectarian
        manner.
            (B) During the standoff at Drumcree from July 7, 1996, to
        July 14, 1996, the security forces of the United Kingdom in
        Northern Ireland fired a total of 5,942 rounds of plastic
        bullets, of which 5,500 were targeted at Catholic Nationalists.
            (4) Before the Drumcree standoff, six civil liberties/human
        rights groups, including the Committee on the Administration of
        Justice in Northern Ireland, the British Irish Rights Watch,
        and Liberty, asked the chief constable in Northern Ireland to
        ``immediately and permanently withdraw plastic bullets from
        use''.
            (5)(A) The use of plastic bullets is counterproductive
        whether such use is against the residents of the Lower Ormeau
        Road and the Bogside or against the Orange Order marchers in
        Portadown or on the Upper Ormeau Road.
            (B) The use of plastic bullets has contributed to thousands
        of maimings, difigurations, loss of eyesight of individuals,
        and overwhelmingly caused other widespread violence and
        intimidation.
            (6) The United Campaign Against Plastic Bullets claim that
        the use of plastic bullets has caused further alienation of
        nationalists and increased distrust of the security forces of
        the United Kingdom while contributing to the destabilization of
        Northern Ireland.
            (7) The efforts of the Government of the United Kingdom to
        acquire dangerous weapons and related materials and the means
        to deliver such weapons and materials endanger the lives of
        Catholics in Northern Ireland.
            (8) The Committee on the Administration of Justice in
        Northern Ireland reported that the use of plastic bullets
        during riots only exacerbates the situation in Northern Ireland
        and increases rioting rather than quelling it.
            (9) The European Parliament has passed four separate
        motions calling for the ban of plastic bullets because such
        bullets are used as intimidating weapons.
            (10) The Government of the United Kingdom has banned the
        use of plastic bullets during riots in Great Britain on the
        grounds that such bullets are dangerous and lethal.

SEC. 3. DECLARATION OF POLICY.

    The Congress declares that it is the policy of the United States to
deny to the United Kingdom the ability to support acts of violence and
destruction and to fund the development and acquisition of plastic
bullets and the means to deliver such bullets by limiting the ability
to import, manufacture, and transport plastics to the United Kingdom
for the specific use in Northern Ireland against predominately Catholic
enclaves.

SEC. 4. PROHIBITION ON SALE OR EXPORT OF PLASTIC BULLETS TO THE UNITED
              KINGDOM.

    (a) In General.--Effective on the date of the enactment of this
Act, plastic bullets may not be sold or otherwise exported to the
Government of the United Kingdom or to any other entity in the United
Kingdom, including the Royal Ulster Constabulary.
    (b) Additional Authority.--The President may exercise the authority
provided to the President under the Arms Export Control Act for the
purpose of carrying out subsection (a), including the authority
relating to violations and enforcement under section 38(e) of such Act
(22 U.S.C. 2778(e)).

SEC. 5. BILATERAL AND MULTILATERAL INITIATIVES TO LIMIT THE SALE OR
              EXPORT OF PLASTIC BULLETS TO THE UNITED KINGDOM.

    (a) In General.--In order to further the objectives described in
section 3, the President shall establish and carry out appropriate
diplomatic initiatives, both bilaterally with allies of the United
States and multilaterally in appropriate international fora (including
the United Nations), to limit the sale or export of plastic bullets to
the Government of the United Kingdom or any other entity in the United
Kingdom, including the Royal Ulster Constabulary.
    (b) Reports.--Not later than 6 months after the date of the
enactment of this Act, and periodically thereafter, the President shall
prepare and transmit to the Congress a report containing a description
of the extent to which the bilateral and multilateral efforts described
in subsection (a) have been successful, including the names of the
countries that have agreed to limit the sale or export of plastic
bullets to the United Kingdom, including the Royal Ulster Constabulary.

SEC. 6. INCLUSION OF INCIDENTS INVOLVING USE OF PLASTIC BULLETS AS
              WEAPONS IN NORTHERN IRELAND IN ANNUAL HUMAN RIGHTS
              REPORT.

    As part of the annual human rights report transmitted to the
Congress under section 502B of the Foreign Assistance Act of 1961 (22
U.S.C. 2304), the Secretary of State shall include a description of
each incident involving the use of plastic bullets as weapons in
Northern Ireland during the preceding year.

SEC. 7. DEFINITION.

    As used in this Act, the term ``plastic bullet'' means a projectile
made of rock-hard polyvinyl chloride that--
            (1) is approximately 4 inches long and 1.5 inches in
        diameter;
            (2) weighs approximately 4.75 ounces; and
            (3) is usually off-white in color.

Output:
Directs the President, in order to deny the United Kingdom and the Royal Ulster Constabulary the ability to support acts of violence and destruction against Catholic enclaves in Northern Ireland, to establish diplomatic initiatives, both bilaterally with U.S. allies and multilaterally in appropriate international fora (including the United Nations) to limit the sale or export of plastic bullets to the United Kingdom and the Royal Ulster Constabulary.  Directs the President to report periodically to Congress on such bilateral and multilateral efforts.
Directs the Secretary of State, as part of the annual human rights report to Congress under the Foreign Assistance Act of 1961, to include a description of each incident involving the use of plastic bullets as weapons in Northern Ireland.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taxpayers' Defense Act of 1998''.

SEC. 2. MANDATORY CONGRESSIONAL REVIEW.

    Chapter 8 of title 5, United States Code, is amended by inserting
after section 808 the following:

           ``SUBCHAPTER II--MANDATORY REVIEW OF CERTAIN RULES

``Sec. 815. Rules subject to mandatory congressional review
    ``A rule that establishes or increases a tax, however denominated,
shall not take effect before the date of the enactment of a bill
described in section 816 and is not subject to review under subchapter
I. This section does not apply to a rule promulgated under the Internal
Revenue Code of 1986.
``Sec. 816. Agency submission
    ``Whenever an agency promulgates a rule subject to section 815, the
agency shall submit to each House of Congress a report containing the
text of the rule and an explanation of it. An agency shall submit such
a report separately for each such rule it promulgates. The explanation
shall consist of the concise general statement of the rule's basis and
purpose required by section 553 and such explanatory documents as are
mandated by other statutory requirements.
``Sec. 817. Approval bill
    ``(a)(1) Not later than 3 legislative days after the date on which
an agency submits a report under section 816, the Majority Leader of
each House of Congress shall introduce (by request) a bill the matter
after the enacting clause of which is as follows: ``The following
agency rule is approved and shall have the force and effect of law:''.
The text of the agency rule submitted under section 816 shall be set
forth after the colon. If such a bill is not introduced in a House of
Congress as provided in the first sentence of this subsection, any
Member of that House may introduce such a bill not later than 7
legislative days after the period for introduction by the Majority
Leader.
    ``(2) A bill introduced under paragraph (1) shall be referred to
the Committees in each House of Congress with jurisdiction over the
subject matter of the rule involved.
    ``(b)(1)(A) Any committee of the House of Representatives to which
a bill is referred shall report it without amendment, and with or
without recommendation, not later than the 30th calendar day of session
after the date of its introduction. If any committee fails to report
the bill within that period, it is in order to move that the House
discharge the committee from further consideration of the bill. A
motion to discharge may be made only by a Member favoring the bill (but
only at a time designated by the Speaker on the legislative day after
the calendar day on which the Member offering the motion announces to
the House his intention to do so and the form of the motion). The
motion is highly privileged. Debate thereon shall be limited to not
more than one hour, the time to be divided in the House equally between
the proponent and an opponent. The previous question shall be
considered as ordered on the motion to its adoption without intervening
motion. A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order.
    ``(B) After a bill is reported or a committee has been discharged
from further consideration, it is in order to move that the House
resolve into the Committee of the Whole House on the State of the Union
for consideration of the bill. If reported and the report has been
available for at least one calendar day, all points of order against
the bill and against consideration of the bill are waived. If
discharged, all points of order against the bill and against
consideration of the bill are waived. The motion is highly privileged.
A motion to reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. During consideration of the bill in
the Committee of the Whole, the first reading of the bill shall be
dispensed with. General debate shall proceed, shall be confined to the
bill, and shall not exceed one hour equally divided and controlled by a
proponent and an opponent of the bill. After general debate, the bill
shall be considered as read for amendment under the five-minute rule.
At the conclusion of the consideration of the bill, the Committee shall
rise and report the bill to the House without intervening motion. The
previous question shall be considered as ordered on the bill to final
passage without intervening motion. A motion to reconsider the vote on
passage of the bill shall not be in order.
    ``(C) Appeals from decisions of the Chair regarding application of
the rules of the House of Representatives to the procedure relating to
a bill shall be decided without debate.
    ``(2)(A) Any bill introduced in the Senate shall be referred to the
appropriate committee or committees. A committee to which a bill has
been referred shall report the bill without amendment not later than
the 30th day of session following the date of introduction of that
bill. If any committee fails to report the bill within that period,
that committee shall be automatically discharged from further
consideration of the bill and the bill shall be placed on the Calendar.
    ``(B) When the Senate receives from the House of Representatives a
bill, such bill shall not be referred to committee and shall be placed
on the Calendar.
    ``(C) A motion to proceed to consideration of a bill under this
subsection shall not be debatable. It shall not be in order to move to
reconsider the vote by which the motion to proceed was adopted or
rejected, although subsequent motions to proceed may be made under this
paragraph.
    ``(D)(i) After no more than 10 hours of consideration of a bill,
the Senate shall proceed, without intervening action or debate (except
as permitted under subparagraph (F)), to vote on the final disposition
thereof to the exclusion of all motions, except a motion to reconsider
or to table.
    ``(ii) A single motion to extend the time for consideration under
clause (i) for no more than an additional 5 hours is in order before
the expiration of such time and shall be decided without debate.
    ``(iii) The time for debate on the disapproval bill shall be
equally divided between the Majority Leader and the Minority Leader or
their designees.
    ``(E) A motion to recommit a bill shall not be in order.
    ``(F) If the Senate has read for the third time a bill that
originated in the Senate, then it shall be in order at any time
thereafter to move to proceed to the consideration of a bill for the
same special message received from the House of Representatives and
placed on the Calendar pursuant to subparagraph (B), strike all after
the enacting clause, substitute the text of the Senate bill, agree to
the Senate amendment, and vote on final disposition of the House bill,
all without any intervening action or debate.
    ``(G) Consideration in the Senate of all motions, amendments, or
appeals necessary to dispose of a message from the House of
Representatives on a bill shall be limited to not more than 4 hours.
Debate on each motion or amendment shall be limited to 30 minutes.
Debate on any appeal or point of order that is submitted in connection
with the disposition of the House message shall be limited to 20
minutes. Any time for debate shall be equally divided and controlled by
the proponent and the majority manager, unless the majority manager is
a proponent of the motion, amendment, appeal, or point of order, in
which case the minority manager shall be in control of the time in
opposition.
``Sec. 818. Congressional rulemaking power
    ``This subchapter is enacted by Congress--
            ``(1) as an exercise of the rulemaking power of the Senate
        and House of Representatives, respectively, and as such it is
        deemed a part of the rules of each House, respectively, but
        applicable only with respect to the procedure to be followed in
        that House in the case of a bill described in section 817 and
        it supersedes other rules only to the extent that it is
        inconsistent with such rules; and
            ``(2) with full recognition of the constitutional right of
        either House to change the rules (so far as relating to the
        procedure of that House) at any time, in the same manner, and
        to the same extent as in the case of any other rule of that
        House.''.

SEC. 3. TECHNICAL AMENDMENTS.

    (a) Heading.--Chapter 8 of title 5, United States Code, is amended
by inserting before section 801 the following:

         ``SUBCHAPTER I--DISCRETIONARY CONGRESSIONAL REVIEW''.

    (b) Table of Sections.--The table of sections for chapter 8 of
title 5, United States Code, is amended by inserting before the
reference to section 801 the following:

          ``subchapter i--discretionary congressional review''
and by inserting after the reference to section 808 the following:

           ``subchapter ii--mandatory review of certain rules
``815. Rules subject to mandatory Congressional review.
``816. Agency submission.
``817. Approval bill.
``818. Congressional rulemaking power.''.

SEC. 4. FEDERAL COMMUNICATION COMMISSION RULES RELATING TO UNIVERSAL
              SERVICE.

    (a) Definition.--In this section, the term ``rule'' has the meaning
given such term under section 551(1) of title 5, United States Code.
    (b) Submission of Rules.--Not later than 30 days after the date of
enactment of this Act, the Federal Communications Commission shall
submit a report described under section 816 of title 5, United States
Code (as added by section 2 of this Act) for each rule that--
            (1) was promulgated by the Federal Communications
        commission under section 254(h) of the Communications Act of
        1934 (47 U.S.C. 254(h)) before the date of enactment of this
        Act; and
            (2) is in effect on the date of enactment of this Act or
        will take effect after such date of enactment.
    (c) Approval Bill.--Section 817 of title 5, United States Code (as
added by section 2 of this Act) shall apply with respect to each rule
described under subsection (b), except--
            (1) during the 60-day period beginning on the date on which
        an approval bill is introduced under section 817 of such title,
        the applicable rule shall remain in effect or take effect, as
        if this section had not been enacted; and
            (2) if an approval bill is not enacted during such 60-day
        period, the applicable rule shall have no force or effect after
        such 60-day period.

Output:
Taxpayers' Defense Act of 1998 - Amends Federal law provisions concerning discretionary congressional review of agency rules to set forth provisions mandating that a rule that establishes or increases a tax, however denominated, shall not take effect before the enactment of a bill the text of which has been submitted to each House of the Congress by the agency promulgating the rule in a report that contains the bill's text and an explanation of the bill.  Exempts a rule promulgated under the Internal Revenue Code.
Outlines introduction, referral, and consideration procedures for approval of the bill.
Applies the same requirements to certain Federal Communications Commission rules concerning universal service, except with respect to specified approval procedures.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sewage Overflow Community Right-to-
Know Act''.

SEC. 2. DEFINITIONS.

    Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
            ``(25) Sanitary sewer overflow.--The term `sanitary sewer
        overflow' means an overflow, spill, release, or diversion of
        wastewater from a sanitary sewer system. Such term does not
        include municipal combined sewer overflows or other discharges
        from a municipal combined storm and sanitary sewer system and
        does not include wastewater backups into buildings caused by a
        blockage or other malfunction of a building lateral that is
        privately owned. Such term includes overflows or releases of
        wastewater that reach waters of the United States, overflows or
        releases of wastewater in the United States that do not reach
        waters of the United States, and wastewater backups into
        buildings that are caused by blockages or flow conditions in a
        sanitary sewer other than a building lateral.
            ``(26) Treatment works.--The term `treatment works' has the
        meaning given that term in section 212.''.

SEC. 3. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF SEWER
              OVERFLOWS.

    Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
    ``(r) Sewer Overflow Monitoring, Reporting, and Notifications.--
            ``(1) General requirements.--After the last day of the 180-
        day period beginning on the date on which regulations are
        issued under paragraph (4), a permit issued, renewed, or
        modified under this section by the Administrator or the State,
        as the case may be, for a publicly owned treatment works shall
        require, at a minimum, beginning on the date of the issuance,
        modification, or renewal, that the owner or operator of the
        treatment works--
                    ``(A) institute and utilize a feasible methodology,
                technology, or management program for monitoring sewer
                overflows to alert the owner or operator to the
                occurrence of a sewer overflow in a timely manner;
                    ``(B) in the case of a sewer overflow that has the
                potential to affect human health, notify the public of
                the overflow as soon as practicable but not later than
                24 hours after the time the owner or operator knows of
                the overflow;
                    ``(C) in the case of a sewer overflow that may
                imminently and substantially endanger human health,
                notify public health authorities and other affected
                entities, such as public water systems, of the overflow
                immediately after the owner or operator knows of the
                overflow;
                    ``(D) report each sewer overflow on its discharge
                monitoring report to the Administrator or the State, as
                the case may be, by describing--
                            ``(i) the magnitude, duration, and
                        suspected cause of the overflow;
                            ``(ii) the steps taken or planned to
                        reduce, eliminate, or prevent recurrence of the
                        overflow; and
                            ``(iii) the steps taken or planned to
                        mitigate the impact of the overflow; and
                    ``(E) annually report to the Administrator or the
                State, as the case may be, the total number of sewer
                overflows in a calendar year, including--
                            ``(i) the details of how much wastewater
                        was released per incident;
                            ``(ii) the duration of each sewer overflow;
                            ``(iii) the location of the overflow and
                        any potentially affected receiving waters;
                            ``(iv) the responses taken to clean up the
                        overflow; and
                            ``(v) the actions taken to mitigate impacts
                        and avoid further sewer overflows at the site.
            ``(2) Exceptions.--
                    ``(A) Notification requirements.--The notification
                requirements of paragraphs (1)(B) and (1)(C) shall not
                apply a sewer overflow that is a wastewater backup into
                a single-family residence.
                    ``(B) Reporting requirements.--The reporting
                requirements of paragraphs (1)(D) and (1)(E) shall not
                apply to a sewer overflow that is a release of
                wastewater that occurs in the course of maintenance of
                the treatment works, is managed consistently with the
                treatment works' best management practices, and is
                intended to prevent sewer overflows.
            ``(3) Report to epa.--Each State shall provide to the
        Administrator annually a summary of sewer overflows that
        occurred in the State.
            ``(4) Rulemaking by epa.--Not later than one year after the
        date of enactment of this subsection, the Administrator, after
        providing notice and an opportunity for public comment, shall
        issue regulations to implement this subsection, including
        regulations to--
                    ``(A) establish a set of criteria to guide the
                owner or operator of a publicly owned treatment works
                in--
                            ``(i) assessing whether a sewer overflow
                        has the potential to affect human health or may
                        imminently and substantially endanger human
                        health; and
                            ``(ii) developing communication measures
                        that are sufficient to give notice under
                        paragraphs (1)(B) and (1)(C); and
                    ``(B) define the terms `feasible' and `timely' as
                such terms apply to paragraph (1)(A), including site
                specific conditions.
            ``(5) Approval of state notification programs.--
                    ``(A) Requests for approval.--
                            ``(i) In general.--After the date of
                        issuance of regulations under paragraph (4), a
                        State may submit to the Administrator evidence
                        that the State has in place a legally
                        enforceable notification program that is
                        substantially equivalent to the requirements of
                        paragraphs (1)(B) and (1)(C).
                            ``(ii) Program review and authorization.--
                        If the evidence submitted by a State under
                        clause (i) shows the notification program of
                        the State to be substantially equivalent to the
                        requirements of paragraphs (1)(B) and (1)(C),
                        the Administrator shall authorize the State to
                        carry out such program instead of the
                        requirements of paragraphs (1)(B) and (1)(C).
                            ``(iii) Factors for determining substantial
                        equivalency.--In carrying out a review of a
                        State notification program under clause (ii),
                        the Administrator shall take into account the
                        scope of sewer overflows for which notification
                        is required, the length of time during which
                        notification must be made, the scope of persons
                        who must be notified of sewer overflows, the
                        scope of enforcement activities ensuring that
                        notifications of sewer overflows are made, and
                        such other factors as the Administrator
                        considers appropriate.
                    ``(B) Review period.--If a State submits evidence
                with respect to a notification program under
                subparagraph (A)(i) on or before the last day of the
                30-day period beginning on the date of issuance of
                regulations under paragraph (4), the requirements of
                paragraphs (1)(B) and (1)(C) shall not begin to apply
                to a publicly owned treatment works located in the
                State until the date on which the Administrator
                completes a review of the notification program under
                subparagraph (A)(ii).
                    ``(C) Withdrawal of authorization.--If the
                Administrator, after conducting a public hearing,
                determines that a State is not administering and
                enforcing a State notification program authorized under
                subparagraph (A)(ii) in accordance with the
                requirements of this paragraph, the Administrator shall
                so notify the State and, if appropriate corrective
                action is not taken within a reasonable time, not to
                exceed 90 days, the Administrator shall withdraw
                authorization of such program and enforce the
                requirements of paragraphs (1)(B) and (1)(C) with
                respect to the State.
            ``(6) Special rules concerning application of notification
        requirements.--After the last day of the 30-day period
        beginning on the date of issuance of regulations under
        paragraph (4), the requirements of paragraphs (1)(B) and (1)(C)
        shall--
                    ``(A) apply to the owner or operator of a publicly
                owned treatment works and be subject to enforcement
                under section 309, and
                    ``(B) supersede any notification requirements
                contained in a permit issued under this section for the
                treatment works to the extent that the notification
                requirements are less stringent than the notification
                requirements of paragraphs (1)(B) and (1)(C),
        until such date as a permit is issued, renewed, or modified
        under this section for the treatment works in accordance with
        paragraph (1).
            ``(7) Definitions.--In this subsection, the following
        definitions apply:
                    ``(A) Sewer overflow.--The term `sewer overflow'
                means a sanitary sewer overflow or a municipal combined
                sewer overflow.
                    ``(B) Single-family residence.--The term `single-
                family residence' means an individual dwelling unit,
                including an apartment, condominium, house, or
                dormitory. Such term does not include the common areas
                of a multi-dwelling structure.''.

SEC. 4. ELIGIBILITY FOR ASSISTANCE.

    (a) Purpose of State Revolving Fund.--Section 601(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1381(a)) is amended--
            (1) by striking ``and'' the first place it appears; and
            (2) by inserting after ``section 320'' the following: ``,
        and (4) for the implementation of requirements to monitor for
        sewer overflows under section 402''.
    (b) Water Pollution Control Revolving Loan Funds.--Section 603(c)
of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)) is
amended--
            (1) by striking ``and'' the first place it appears; and
            (2) by inserting after ``section 320 of this Act'' the
        following: ``, and (4) for the implementation of requirements
        to monitor for sewer overflows under section 402''.

            Passed the House of Representatives June 23, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
Sewage Overflow Community Right-to-Know Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require owners or operators of publicly owned treatment works to: (1) institute monitoring systems to provide timely alerts of sewer overflows; (2) notify the public, not later than 24 hours after receiving knowledge, of such overflows in areas where human health is potentially affected; (3) notify public health authorities and other affected entities, in the case of an overflow that may imminently and substantially endanger human health, immediately after the owner or operator knows of the overflow; (4) report each overflow on discharge monitoring reports to the Administrator of the Environmental Protection Agency (EPA) or the state; and (5) annually report to the Administrator or the state on the total number of overflows in a calendar year.

Makes specified exceptions to notification and reporting requirements for backups into single-family residences and for overflows that occur in the course of treatment works maintenance, respectively.

Requires annual summary reports by states to the Administrator.

Requires the Administrator to issue regulations, including to establish overflow assessment guidance and develop communications measures to provide notification under this Act. Provides procedures for review and approval, after issuance of such regulations, of state notification programs.

Makes the monitoring systems eligible for state water pollution control revolving fund assistance.


Input:
SECTION 1. SHORT TITLE.

    This Act may be referred to as the ``Plain Regulations Act of
2012''.

SEC. 2. PURPOSE.

    The purpose of this Act is to improve the effectiveness and
accountability of Federal agencies to the public by promoting clear
regulations that are easier for the Government to implement and for the
public to comply with.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' means an Executive agency,
        as that term is defined in section 105 of title 5, United
        States Code.
            (2) Regulation.--The term ``regulation'' means a rule, as
        that term is defined in section 551(4) of title 5, United
        States Code, that is issued by an agency.
            (3) Plain language.--The term ``plain language'' means
        language that is clear, concise, well-organized, and follows
        other best practices appropriate to the subject or field and
        intended audience.

SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES.

    (a) Preparation for Implementation of Plain Writing Requirements
for Regulations.--
            (1) In general.--Not later than 9 months after the date of
        the enactment of this Act, the head of each agency shall--
                    (A) designate one or more senior officials within
                the agency to oversee the agency implementation of this
                Act;
                    (B) communicate the requirements of this Act to the
                employees of the agency;
                    (C) train employees of the agency to use plain
                language in developing and implementing regulations;
                    (D) establish a process for overseeing the ongoing
                compliance of the agency with the requirements of this
                Act; and
                    (E) designate one or more agency points-of-contact
                to receive and respond to public input on--
                            (i) agency implementation of this Act; and
                            (ii) the agency reports required under
                        section 6.
            (2) Persons designated.--Persons designated under paragraph
        (1)(A) or (1)(E) may be the same persons designated to carry
        out similar functions under the Plain Writing Act of 2010
        (Public Law 111-272; 5 U.S.C. 301 note).
    (b) Requirement To Use Plain Language in New and Revised
Regulations.--Not later than 12 months after the date of the enactment
of this Act, each agency shall use plain language in accordance with
the guidance issued by the Director of the Office of Management and
Budget under the Plain Writing Act of 2010 (Public Law 111-274; 5
U.S.C. 301 note) in all new and substantially revised proposed and
final regulations issued by the agency.
    (c) Certification of Compliance.--For each proposed or final rule
issued by an agency, the head of the agency shall certify to the
Director that the agency head has read the proposed or final rule and
that the rulemaking documents are in plain language.
    (d) Exemption From Certain Information Collection Provisions.--
Agency actions to collect information from the public about a
regulation are exempt from the information collection provisions of
sections 3506(c) and 3507 of title 44, United States Code, if the
agency head certifies that the sole reason for the information
collection is to improve the clarity of the regulation under the
requirements of this Act.

SEC. 5. RESPONSIBILITIES OF OFFICE OF MANAGEMENT AND BUDGET.

    (a) Guidance.--Not later than 6 months after the date of the
enactment of this Act, the Director of the Office of Management and
Budget should develop and issue guidance on implementing the
requirements of this Act. The Director may designate a lead agency, and
may use interagency working groups to assist in developing and issuing
the guidance.
    (b) Return of Regulations.--If the Director finds that, with
respect to any regulation proposed to be issued by an agency, the
agency did not follow the guidance issued by the Director under the
Plain Writing Act of 2010 (Public Law 111-274; 5 U.S.C. 301 note), the
Director shall return the regulation to the agency to be redrafted in
plain language and resubmitted to the Director for approval.
    (c) Publication of Certifications.--The Director shall publish the
certifications from agency heads required under section 4(c) on the
official Web site of the Office of Management and Budget.

SEC. 6. REPORTS TO CONGRESS.

    (a) Initial Report.--Not later than 9 months after the date of the
enactment of this Act, the head of each agency shall publish on the
plain writing section of the agency's Web site created under the Plain
Writing Act of 2010 (Public Law 111-274; 5 U.S.C. 301 note) a report
that describes the agency plan for compliance with the requirements of
this Act.
    (b) Annual Compliance Report.--Not later than 18 months after the
date of the enactment of this Act, and annually thereafter, the head of
each agency shall publish on such plain writing section of the agency's
Web site a report on agency compliance with the requirements of this
Act.

SEC. 7. JUDICIAL REVIEW AND ENFORCEABILITY.

    (a) Judicial Review.--There may be no judicial review of compliance
or noncompliance with any provision of this Act.
    (b) Enforceability.--No provision of this Act may be construed to
create any right or benefit, substantive or procedural, enforceable by
any administrative or judicial action.

Output:
Plain Regulations Act of 2012 - Requires the head of each executive agency to: (1) implement a program for using plain language in writing new and revised regulations, and (2) certify to the Director of the Office of Management and Budget (OMB) that each proposed or final rule is in plain language.

Requires the Director to: (1) develop and issue guidance to agencies for implementing plain language requirements, (2) publish reports on agency compliance with such requirements on the OMB's website, and (3) return proposed agency regulations that fail to meet such requirements to be redrafted and resubmitted for approval.


Input:
SECTION 1. SHORT TITLE; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Consumer Freedom
Protection Act''.
    (b) References.--Each amendment to or repeal of a section or other
provision of law that is made by this Act shall be considered to be an
amendment to or repeal of, respectively, that provision of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), unless another
public law is specified as being the subject of the amendment or
repeal.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) The Food and Drug Administration has only authorized
        three health claims for dietary supplements since enactment of
        the Nutrition Labeling and Education Act of 1990 despite the
        publication of tens of thousands of peer reviewed scientific
        journal articles on the effect of nutrients on disease and
        health-related conditions.
            (2) Scientific information on the nutrient-disease
        relationship contained in peer reviewed scientific journals is
        indispensable to the exercise of informed choice in the food
        and dietary supplement marketplaces.
            (3) The Food and Drug Administration's failure to authorize
        health claims has violated the first amendment rights of health
        claimants and American consumers alike and is injurious to
        public health because it denies consumers access to information
        necessary to exercise informed choice at the point of sale.
            (4) Contrary to the will of Congress, on repeated occasions
        the Food and Drug Administration has denied and suppressed
        health claims that would otherwise convey to consumers
        important information on the association between nutrients and
        diseases.
            (5) Contrary to the will of Congress, the Food and Drug
        Administration's treatment of dietary supplements and its
        implementation of the Nutrition Labeling and Education Act of
        1990 and the Food and Drug Administration Modernization Act of
        1997 health claims provisions has hindered, rather than
        fostered, the dissemination of truthful and nonmisleading
        information about the nutrient-disease relationship.
            (6) The Food and Drug Administration has failed to
        implement faithfully and fully the first amendment mandate in
        Pearson v. Shalala, 164 F.3d 650 (D.C. Cir. 1999), and
        continues to suppress, rather than authorize, health claims.

SEC. 3. FOOD AND DIETARY SUPPLEMENT CLAIMS.

    (a) Conforming Amendments.--Section 403 (21 U.S.C. 343) is
amended--
            (1) in paragraph (r)(1), by inserting ``or a dietary
        supplement'' after ``food'' but before ``intended'' and by
        inserting ``or dietary supplement'' after ``food'' but before
        ``which'';
            (2) in paragraph (r)(1)(A), by inserting ``or dietary
        supplement'' after ``food'';
            (3) in paragraph (r)(1)(B), by inserting ``or dietary
        supplement'' after ``food'' and by adding at the end of the
        paragraph the following: ``For purposes of this subparagraph, a
        claim that characterizes such a relationship includes claims to
        diagnose, cure, mitigate, treat, or prevent any disease or
        health-related condition.'';
            (4) in paragraph (r)(2)(G), by inserting ``or dietary
        supplement'' after ``food'';
            (5) in paragraph (r)(2)(G)(iii), by inserting ``or dietary
        supplement'' after ``food'';
            (6) by striking subclause (iv) of subparagraph (r)(2)(G);
            (7) by striking paragraph (r)(2)(H);
            (8) in paragraph (r)(3)(A)(ii), by inserting ``or dietary
        supplement'' after ``food'' but before ``for'';
            (9) in paragraph (r)(3)(C), by inserting ``or dietary
        supplement'' after ``food'';
            (10) in paragraph (r)(3)(C)(iii), by inserting ``or dietary
        supplement'' after ``food'';
            (11) by striking subclause (iv) of paragraph (r)(3)(C);
            (12) by striking subclause (A)(i) of paragraph (r)(4);
            (13) by striking subclause (D) of paragraph (r)(5); and
            (14) by striking subparagraph (7) of paragraph (r).
    (b) Health Claims in General.--Section 403 (21 U.S.C. 343) is
amended in paragraph (r)(3) by amending clause (B) to read as follows:
    ``(B)(i) The Secretary shall promulgate no later than 100 days
after the Secretary receives a claim of the type described in
subparagraph (1)(B) regulations authorizing the claim in a form that
accurately reflects the degree of scientific evidence supporting the
claim unless the Secretary determines based on all publicly available
scientific evidence that no scientific evidence supports the claim and
that the claim is inherently misleading. The Secretary may require that
the claim be accompanied by a disclaimer disclosing the absence of
conclusive evidence, the presence of conflicting evidence, or such
other information about the claim as is needed to avoid a misleading
connotation.
    ``(ii) If within 100 days after the Secretary receives a claim, the
Secretary promulgates neither regulations authorizing the claim nor a
final decision denying the claim, the claim shall be deemed authorized
and shall be accompanied by the following disclaimer until such time as
the Secretary complies with the requirements of subparagraph (3)(B)(i):
`The Food and Drug Administration has not evaluated the scientific
evidence concerning this claim.'.
    ``(iii) If the Secretary denies a claim of the type described in
subparagraph (1)(B) and the claimant informs the Secretary in writing
that the claimant objects to the Secretary's denial, no later than 30
days after the Secretary receives the objection, the Secretary shall
file a petition to review the order with the United States Court of
Appeals for the D.C. Circuit, naming the claimant as a defendant and
seeking a declaratory judgment on whether the Secretary's denial
complies with subparagraph (3)(B)(i) and the first amendment to the
United States Constitution. For purposes of subparagraph (3)(B) the
United States Court of Appeals for the D.C. Circuit has exclusive
jurisdiction and venue. If the United States Court of Appeals for the
D.C. Circuit declares the Secretary's denial invalid, the Court shall
order the Secretary to pay the claimant from funds appropriated by
Congress to the Food and Drug Administration no later than 60 days
after the Court's decision is filed with the Clerk of the Court the
actual costs and fees incurred by the claimant for participating in the
proceedings before the United States Court of Appeals, exclusive of all
other recompense to which the claimant would otherwise be entitled
under Federal law.''.
    (c) Health Claims Based on Government Statements.--Section 403 (21
U.S.C. 343) is amended by striking subclauses (i) and (ii) of paragraph
(r)(3)(C) and inserting the following:
            ``(i) the claim is a verbatim quotation of a statement
        published by a scientific body of the United States Government
        about the relationship between a nutrient, including a dietary
        supplement, and a disease or health-related condition and
        includes a citation to the author, the title of the
        publication, the date of publication, and the page on which the
        statement appears, provided that the claimant submits to the
        Secretary a written notice of the exact words used in the claim
        and of the citation at least 30 days before first introducing
        the food or dietary supplement into interstate commerce with
        the claim; or
            ``(ii) the claim paraphrases in a nonmisleading manner a
        statement published by a scientific body of the United States
        Government about the relationship between a nutrient and a
        disease or health-related condition and includes a citation to
        the author, the title of the publication, the date of
        publication, and the page on which the statement appears,
        provided that the claimant submits to the Secretary a written
        notice of the exact words used in the claim and of the citation
        at least 30 days before first introducing the food or dietary
        supplement into interstate commerce with the claim; and''.
    (d) Disclaimers for Health Claims Based on Government Statements.--
Section 403 (21 U.S.C. 343) is amended by adding at the end of
subclause (iii) of paragraph (r)(3)(C) the following: ``The Secretary
may not deny authorization of a claim made in compliance with the
provisions of subclause (i) or (ii) of clause (C) but may require that
the claim be accompanied by a disclaimer disclosing the absence of
conclusive evidence, the presence of conflicting evidence, or such
other information about the claim as is needed to avoid a misleading
connotation. The Secretary shall authorize use of the claim no later
than 100 days after the date it is submitted to the Secretary. If the
Secretary does not act to authorize the claim within 100 days after it
is submitted to the Secretary, the claim shall be considered
authorized.''.
    (e) Nutrient Content Claims Based on Government Statements.--
Section 403 (21 U.S.C. 343) is amended by striking subclauses (i) and
(ii) of paragraph (r)(2)(G) and inserting the following:
    ``(i) the claim is a verbatim quotation of a statement published by
a scientific body of the United States Government which identifies the
nutrient level to which the claim refers and includes a citation to the
author, the title of the publication, the date of publication, and the
page on which the statement appears, provided that the claimant submits
to the Secretary a written notice of the exact words used in the claim
and of the citation at least 30 days before first introducing the food
or dietary supplement into interstate commerce with the claim; or
    ``(ii) the claim paraphrases in a nonmisleading manner a statement
published by a scientific body of the United States Government which
identifies the nutrient level to which the claim refers and includes a
citation to the author, the title of the publication, the date of
publication, and the page on which the statement appears, provided that
the claimant submits to the Secretary a written notice of the exact
words used in the claim and of the citation at least 30 days before
first introducing the food or dietary supplement into interstate
commerce with the claim; and''.
    (f) Disclaimers for Nutrient Content Claims Based on Government
Statements.--Section 403 (21 U.S.C. 343) is amended by adding at the
end of subclause (iii) of paragraph (r)(2)(G) the following: ``The
Secretary may not deny authorization of a claim made in compliance with
the provisions of subparagraph (G)(i) or (G)(ii) but may require that
the claim be accompanied by a disclaimer containing such information
about the claim as is needed to avoid a misleading connotation.''.
    (g) Definition of Published Statement.--Section 403 (21 U.S.C. 343)
is amended by adding at the end of paragraph (r)(2)(G) the following:
``For purposes of this clause, a statement published by a scientific
body of the United States is any statement contained in a document
available to the public published by any one or more United States
Government offices, departments, commissions, agencies, institutes,
centers, divisions, academies, or other subdivisions thereof.''.

SEC. 4. STATEMENTS OF NUTRITIONAL SUPPORT.

    Section 403 (21 U.S.C. 343) is amended by striking the last
sentence of paragraph (r)(6).

SEC. 5. WITHDRAWAL OF ORDERS AND RULES; AUTHORIZATION OF SPECIFIC
              CLAIMS.

    (a) The health claims references in Pearson v. Shalala, 164 F.3d
650 (D.C. Cir. 1999) are approved. No later than 30 days after the
effective date of this Act, the Secretary of Health and Human Services
shall publish a notice in the Federal Register granting each of the
health claims referenced in that decision with the following
disclaimer: ``The Food and Drug Administration has determined that the
evidence supporting this claim is inconclusive.''.
    (b) The interim final rules concerning health claims based on
authoritative statement published in the Federal Register of June 22,
1998 (63 Fed. Reg. 34084; 63 Fed. Reg. 34092; 63 Fed. Reg. 34097; 63
Fed. Reg. 34101; 63 Fed. Reg. 34104; 63 Fed. Reg. 34107; 63 Fed. Reg.
34110; 63 Fed. Reg. 34112; and 63 Fed. Reg. 34115) are null and void
and of no further force or effect. The health claims referenced therein
are approved. No later than 30 days after the effective date of this
Act the Secretary of Health and Human Services shall publish a notice
in the Federal Register revoking the interim final rules, declaring
them null and void and of no further force or effect, and granting each
of the health claims referenced therein with the following disclaimer:
``The Food and Drug Administration has determined that the evidence
supporting this claim is inconclusive.''.
    (c) All orders issued by the Food and Drug Administration after
April 20, 1999, but before the effective date of this Act, that have
denied health claims are hereby null and void. The Food and Drug
Administration shall reevaluate those claims in accordance with the
provisions of this Act and the amendments made by this Act.

Output:
Requires the Secretary of Health and Human Services, within 100 days of receiving such a claim, to promulgate regulations authorizing such claims in a form that accurately reflects the degree of scientific evidence supporting the claim, unless the Secretary determines that no scientific evidence supports such claim and that the claim is inherently misleading. Allows judicial review of claims denied by the Secretary. Allows on such labeling statements made by a scientific body of the U.S. Government about the relationship between a nutrient and a health-related condition. Prohibits the Secretary from denying claims based on such statements.
Approves the health claims references in the decision of the U.S. Court of Appeals for the District of Columbia in Pearson v. Shalala. Directs the Secretary to publish a notice granting each of such claims with the following disclaimer: "The Food and Drug Administration has determined that the evidence supporting this claim is inconclusive." Makes null and void: (1) the interim final rules concerning health claims based on the authoritative statement published in the Federal Register of June 22, 1998; and (2) all orders issued by the FDA after April 20, 1999, and before this Act, that have denied health claims. Requires reevaluation of claims included under such orders.