Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of
Energy Laboratory Modernization and Technology Transfer Act of 2015''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Savings clause.
         TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY

Sec. 101. Technology transfer and transitions assessment.
Sec. 102. Sense of Congress.
Sec. 103. Nuclear energy innovation.
     TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS

Sec. 201. Agreements for Commercializing Technology pilot program.
Sec. 202. Public-private partnerships for commercialization.
Sec. 203. Inclusion of early-stage technology demonstration in
                            authorized technology transfer activities.
Sec. 204. Funding competitiveness for institutions of higher education
                            and other nonprofit institutions.
Sec. 205. Participation in the Innovation Corps program.
                    TITLE III--ASSESSMENT OF IMPACT

Sec. 301. Report by Government Accountability Office.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the
        Department of Energy.
            (2) National laboratory.--The term ``National Laboratory''
        means a Department of Energy nonmilitary national laboratory,
        including--
                    (A) Ames Laboratory;
                    (B) Argonne National Laboratory;
                    (C) Brookhaven National Laboratory;
                    (D) Fermi National Accelerator Laboratory;
                    (E) Idaho National Laboratory;
                    (F) Lawrence Berkeley National Laboratory;
                    (G) National Energy Technology Laboratory;
                    (H) National Renewable Energy Laboratory;
                    (I) Oak Ridge National Laboratory;
                    (J) Pacific Northwest National Laboratory;
                    (K) Princeton Plasma Physics Laboratory;
                    (L) Savannah River National Laboratory;
                    (M) Stanford Linear Accelerator Center;
                    (N) Thomas Jefferson National Accelerator Facility;
                and
                    (O) any laboratory operated by the National Nuclear
                Security Administration, but only with respect to the
                civilian energy activities thereof.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.

SEC. 3. SAVINGS CLAUSE.

    Nothing in this Act or an amendment made by this Act abrogates or
otherwise affects the primary responsibilities of any National
Laboratory to the Department.

         TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY

SEC. 101. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT.

    Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Secretary shall transmit to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report which
shall include--
            (1) an assessment of the Department's current ability to
        carry out the goals of section 1001 of the Energy Policy Act of
        2005 (42 U.S.C. 16391), including an assessment of the role and
        effectiveness of the Director of the Office of Technology
        Transitions; and
            (2) recommended departmental policy changes and legislative
        changes to section 1001 of the Energy Policy Act of 2005 (42
        U.S.C. 16391) to improve the Department's ability to
        successfully transfer new energy technologies to the private
        sector.

SEC. 102. SENSE OF CONGRESS.

    It is the sense of the Congress that the Secretary should encourage
the National Laboratories and federally funded research and development
centers to inform small businesses of the opportunities and resources
that exist pursuant to this Act.

SEC. 103. NUCLEAR ENERGY INNOVATION.

    Not later than 180 days after the date of enactment of this Act,
the Secretary, in consultation with the National Laboratories, relevant
Federal agencies, and other stakeholders, shall transmit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report assessing the Department's capabilities to
authorize, host, and oversee privately funded fusion and non-light
water reactor prototypes and related demonstration facilities at
Department-owned sites. For purposes of this report, the Secretary
shall consider the Department's capabilities to facilitate privately-
funded prototypes up to 20 megawatts thermal output. The report shall
address the following:
            (1) The Department's safety review and oversight
        capabilities.
            (2) Potential sites capable of hosting research,
        development, and demonstration of prototype reactors and
        related facilities for the purpose of reducing technical risk.
            (3) The Department's and National Laboratories' existing
        physical and technical capabilities relevant to research,
        development, and oversight.
            (4) The efficacy of the Department's available contractual
        mechanisms, including cooperative research and development
        agreements, work for others agreements, and agreements for
        commercializing technology.
            (5) Potential cost structures related to physical security,
        decommissioning, liability, and other long-term project costs.
            (6) Other challenges or considerations identified by the
        Secretary, including issues related to potential cases of
        demonstration reactors up to 2 gigawatts of thermal output.

     TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS

SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM.

    (a) In General.--The Secretary shall carry out the Agreements for
Commercializing Technology pilot program of the Department, as
announced by the Secretary on December 8, 2011, in accordance with this
section.
    (b) Terms.--Each agreement entered into pursuant to the pilot
program referred to in subsection (a) shall provide to the contractor
of the applicable National Laboratory, to the maximum extent determined
to be appropriate by the Secretary, increased authority to negotiate
contract terms, such as intellectual property rights, payment
structures, performance guarantees, and multiparty collaborations.
    (c) Eligibility.--
            (1) In general.--Any director of a National Laboratory may
        enter into an agreement pursuant to the pilot program referred
        to in subsection (a).
            (2) Agreements with non-federal entities.--To carry out
        paragraph (1) and subject to paragraph (3), the Secretary shall
        permit the directors of the National Laboratories to execute
        agreements with a non-Federal entity, including a non-Federal
        entity already receiving Federal funding that will be used to
        support activities under agreements executed pursuant to
        paragraph (1), provided that such funding is solely used to
        carry out the purposes of the Federal award.
            (3) Restriction.--The requirements of chapter 18 of title
        35, United States Code (commonly known as the ``Bayh-Dole
        Act'') shall apply if--
                    (A) the agreement is a funding agreement (as that
                term is defined in section 201 of that title); and
                    (B) at least 1 of the parties to the funding
                agreement is eligible to receive rights under that
                chapter.
    (d) Submission to Secretary.--Each affected director of a National
Laboratory shall submit to the Secretary, with respect to each
agreement entered into under this section--
            (1) a summary of information relating to the relevant
        project;
            (2) the total estimated costs of the project;
            (3) estimated commencement and completion dates of the
        project; and
            (4) other documentation determined to be appropriate by the
        Secretary.
    (e) Certification.--The Secretary shall require the contractor of
the affected National Laboratory to certify that each activity carried
out under a project for which an agreement is entered into under this
section--
            (1) is not in direct competition with the private sector;
        and
            (2) does not present, or minimizes, any apparent conflict
        of interest, and avoids or neutralizes any actual conflict of
        interest, as a result of the agreement under this section.
    (f) Extension.--The pilot program referred to in subsection (a)
shall be extended until October 31, 2017.
    (g) Reports.--
            (1) Overall assessment.--Not later than 60 days after the
        date described in subsection (f), the Secretary, in
        coordination with directors of the National Laboratories, shall
        submit to the Committee on Science, Space, and Technology of
        the House of Representatives and the Committee on Energy and
        Natural Resources of the Senate a report that--
                    (A) assesses the overall effectiveness of the pilot
                program referred to in subsection (a);
                    (B) identifies opportunities to improve the
                effectiveness of the pilot program;
                    (C) assesses the potential for program activities
                to interfere with the responsibilities of the National
                Laboratories to the Department; and
                    (D) provides a recommendation regarding the future
                of the pilot program.
            (2) Transparency.--The Secretary, in coordination with
        directors of the National Laboratories, shall submit to the
        Committee on Science, Space, and Technology of the House of
        Representatives and the Committee on Energy and Natural
        Resources of the Senate an annual report that accounts for all
        incidences of, and provides a justification for, non-Federal
        entities using funds derived from a Federal contract or award
        to carry out agreements pursuant to this section.

SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.

    (a) In General.--Subject to subsections (b) and (c), the Secretary
shall delegate to directors of the National Laboratories signature
authority with respect to any agreement described in subsection (b) the
total cost of which (including the National Laboratory contributions
and project recipient cost share) is less than $1,000,000, if such an
agreement falls within the scope of--
            (1) a strategic plan for the National Laboratory that has
        been approved by the Department; or
            (2) the most recent Congressionally approved budget for
        Department activities to be carried out by the National
        Laboratory.
    (b) Agreements.--Subsection (a) applies to--
            (1) a cooperative research and development agreement;
            (2) a non-Federal work-for-others agreement; and
            (3) any other agreement determined to be appropriate by the
        Secretary, in collaboration with the directors of the National
        Laboratories.
    (c) Administration.--
            (1) Accountability.--The director of the affected National
        Laboratory and the affected contractor shall carry out an
        agreement under this section in accordance with applicable
        policies of the Department, including by ensuring that the
        agreement does not compromise any national security, economic,
        or environmental interest of the United States.
            (2) Certification.--The director of the affected National
        Laboratory and the affected contractor shall certify that each
        activity carried out under a project for which an agreement is
        entered into under this section does not present, or minimizes,
        any apparent conflict of interest, and avoids or neutralizes
        any actual conflict of interest, as a result of the agreement
        under this section.
            (3) Availability of records.--Within 30 days of entering an
        agreement under this section, the director of a National
        Laboratory shall submit to the Secretary for monitoring and
        review all records of the National Laboratory relating to the
        agreement.
            (4) Rates.--The director of a National Laboratory may
        charge higher rates for services performed under a partnership
        agreement entered into pursuant to this section, regardless of
        the full cost of recovery, if such funds are used exclusively
        to support further research and development activities at the
        respective National Laboratory.
    (d) Exception.--This section does not apply to any agreement with a
majority foreign-owned company.
    (e) Conforming Amendment.--Section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) and (2) as
                subparagraphs (A) and (B), respectively, and indenting
                the subparagraphs appropriately;
                    (B) by striking ``Each Federal agency'' and
                inserting the following:
            ``(1) In general.--Except as provided in paragraph (2),
        each Federal agency''; and
                    (C) by adding at the end the following:
            ``(2) Exception.--Notwithstanding paragraph (1), in
        accordance with section 202(a) of the Department of Energy
        Laboratory Modernization and Technology Transfer Act of 2015,
        approval by the Secretary of Energy shall not be required for
        any technology transfer agreement proposed to be entered into
        by a National Laboratory of the Department of Energy, the total
        cost of which (including the National Laboratory contributions
        and project recipient cost share) is less than $1,000,000.'';
        and
            (2) in subsection (b), by striking ``subsection (a)(1)''
        each place it appears and inserting ``subsection (a)(1)(A)''.

SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN
              AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES.

    Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is
amended by--
            (1) redesignating subsection (g) as subsection (h); and
            (2) inserting after subsection (f) the following:
    ``(g) Early-Stage Technology Demonstration.--The Secretary shall
permit the directors of the National Laboratories to use funds
authorized to support technology transfer within the Department to
carry out early-stage and pre-commercial technology demonstration
activities to remove technology barriers that limit private sector
interest and demonstrate potential commercial applications of any
research and technologies arising from National Laboratory
activities.''.

SEC. 204. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION
              AND OTHER NONPROFIT INSTITUTIONS.

    Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C.
16352(b)) is amended--
            (1) in paragraph (1), by striking ``Except as provided in
        paragraphs (2) and (3)'' and inserting ``Except as provided in
        paragraphs (2), (3), and (4)''; and
            (2) by adding at the end the following:
            ``(4) Exemption for institutions of higher education and
        other nonprofit institutions.--
                    ``(A) In general.--Paragraph (1) shall not apply to
                a research or development activity performed by an
                institution of higher education or nonprofit
                institution (as defined in section 4 of the Stevenson-
                Wydler Technology Innovation Act of 1980 (15 U.S.C.
                3703)).
                    ``(B) Termination date.--The exemption under
                subparagraph (A) shall apply during the 6-year period
                beginning on the date of enactment of this
                paragraph.''.

SEC. 205. PARTICIPATION IN THE INNOVATION CORPS PROGRAM.

    The Secretary may enter into an agreement with the Director of the
National Science Foundation to enable researchers funded by the
Department to participate in the National Science Foundation Innovation
Corps program.

                    TITLE III--ASSESSMENT OF IMPACT

SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.

    Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report--
            (1) describing the results of the projects developed under
        sections 201, 202, and 203, including information regarding--
                    (A) partnerships initiated as a result of those
                projects and the potential linkages presented by those
                partnerships with respect to national priorities and
                other taxpayer-funded research; and
                    (B) whether the activities carried out under those
                projects result in--
                            (i) fiscal savings;
                            (ii) expansion of National Laboratory
                        capabilities;
                            (iii) increased efficiency of technology
                        transfers; or
                            (iv) an increase in general efficiency of
                        the National Laboratory system; and
            (2) assess the scale, scope, efficacy, and impact of the
        Department's efforts to promote technology transfer and private
        sector engagement at the National Laboratories, and make
        recommendations on how the Department can improve these
        activities.

            Passed the House of Representatives May 19, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Department of Energy Laboratory Modernization and Technology Transfer Act of 2015 TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY (Sec. 101) Directs the Department of Energy (DOE) to: (1) report annually on its ability to improve the technology transfer and commercialization of energy technologies, including an assessment of the role and effectiveness of the Director of the Office of Technology Transitions; and (2) recommend changes to improve the ability to successfully transfer new energy technologies to the private sector.   (Sec. 102) Expresses the sense of Congress that DOE should encourage the nonmilitary national laboratories (national laboratories) and federally funded research and development centers to inform small businesses of the opportunities and resources that exist pursuant to this Act.  (Sec. 103) Requires DOE to report on its capabilities to authorize, host, and oversee privately funded fusion and non-light water reactor prototypes and related demonstration facilities at DOE-owned sites. Instructs DOE, for purposes of such report, to consider DOE's capabilities to facilitate privately-funded prototypes of up to 20 megawatts thermal output.  TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS  (Sec. 201) Directs DOE to carry out the Agreements for Commercializing Technology pilot program in accordance with this Act, including by giving the contractors of the DOE nonmilitary national laboratories increased authority to negotiate contract terms and making every such facility eligible for the program.  Permits the directors of the national laboratories to execute agreements with non-federal entities, provided that such funding is only used to carry out the purposes of the federal award. Subjects agreements that are funding agreements to the requirements of the Bayh-Dole Act (concerning patent rights to inventions arising from federally-supported research and development).  Imposes contractor certification requirements for the avoidance of direct competition with the private sector and conflicts of interest. Extends the pilot program until October 31, 2017.  Requires DOE to report to Congress on the overall effectiveness of the pilot program and to annually account for, and justify, incidences of use by non-federal entities of funds derived from a federal contract or award to carry out agreements pursuant to the pilot program.  (Sec. 202) Requires DOE to delegate to the directors of the national laboratories signature authority with respect to certain agreements the total cost of which is less than $1 million, if such an agreement falls within the scope of: (1) a strategic plan for the national laboratory that has been approved by DOE; or (2) the most recent congressionally approved budget for DOE activities to be carried out by that laboratory.  Makes this section inapplicable to any agreement with a majority foreign-owned company.  (Sec. 203) Permits the directors of national laboratories to use funds authorized to support technology transfer within DOE to carry out early-stage and pre-commercial technology demonstration activities to: (1) remove technology barriers that limit private sector interest, and (2) demonstrate potential commercial applications of any research and technologies arising from national laboratory activities.  (Sec. 204) Amends the Energy Policy Act of 2005 to exempt institutions of higher education and nonprofit institutions from the cost-sharing requirements for research and development for six years. (Sec. 205) Authorizes DOE to enter into an agreement with the National Science Foundation to enable the participation of DOE researchers in the National Science Foundation Innovation Corps program.  TITLE III--ASSESSMENT OF IMPACT  (Sec. 301) Requires the Government Accountability Office to report to Congress on the results of projects developed under this Act and on the impact of DOE efforts to promote technology transfer and private sector engagement at the national laboratories.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Macau Policy Act of
1999''.

SEC. 2. FINDINGS AND DECLARATIONS.

    The Congress makes the following findings and declarations:
            (1) The Congress recognizes that under the April 13, 1987,
        Joint Declaration of the Government of the People's Republic of
        China and the Government of the Republic of Portugal on the
        Question of Macau--
                    (A) the People's Republic of China and the Republic
                of Portugal have agreed that the People's Republic of
                China will resume the exercise of sovereignty over
                Macau on December 20, 1999, and until that time,
                Portugal will be responsible for the administration of
                Macau;
                    (B) the Macau Special Administrative Region of the
                People's Republic of China, beginning on December 20,
                1999, will continue to enjoy a high degree of autonomy
                on all matters other than defense and foreign affairs;
                    (C) there is provision for implementation of a
                ``one country, two systems'' policy, under which Macau
                will retain its current lifestyle and legal, social,
                and economic systems until at least the year 2049;
                    (D) the legislature of the Macau Special
                Administrative Region has been constituted by
                elections; and
                    (E) provision is made for the continuation in force
                of agreements implemented as of December 20, 1999, and
                for the ability of the Macau Special Administrative
                Region to conclude new agreements.
            (2) The Congress declares its wish to see full
        implementation of the provisions of the Joint Declaration.
            (3) The Congress supports the policies and decisions
        reflected in the Joint Declaration.
            (4) It is the sense of the Congress that--
                    (A) Macau's continued economic prosperity furthers
                United States interests in the People's Republic of
                China and Asia;
                    (B) support for democratization is a fundamental
                principle of United States foreign policy, and as such,
                that principle naturally applies to United States
                policy toward Macau, now and after December 19, 1999;
                and
                    (C)(i) the human rights of the people of Macau are
                of great importance to the United States and are
                directly relevant to United States interests in Macau;
                    (ii) a fully successful transition in the exercise
                of sovereignty over Macau must safeguard human rights
                in and of themselves; and
                    (iii) human rights also serve as a basis for
                Macau's continued economic prosperity.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Macau'' means, prior to December 20, 1999,
        the Portuguese Dependent Territory of Macau, and on and after
        December 20, 1999, the Macau Special Administrative Region of
        the People's Republic of China;
            (2) the term ``Joint Declaration'' means the Joint
        Declaration of the Government of the People's Republic of China
        and the Government of the Republic of Portugal on the Question
        of Macau, of April 13, 1987; and
            (3) the term ``laws of the United States'' means provisions
        of law enacted by the Congress.

                            TITLE I--POLICY

SEC. 101. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) the United States should play an active role before,
        on, and after December 20, 1999, in maintaining Macau's
        confidence and prosperity, Macau's unique cultural heritage,
        and the mutually beneficial ties between the people of the
        United States and the people of Macau; and
            (2) through its policies, the United States should
        contribute to Macau's ability to maintain a high degree of
        autonomy in matters other than defense and foreign affairs as
        promised by the People's Republic of China and the Republic of
        Portugal in the Joint Declaration, particularly with respect to
        such matters as trade, commerce, law enforcement, finance,
        monetary policy, aviation, shipping, communications, tourism,
        cultural affairs, sports, and participation in international
        organizations, consistent with the national security and other
        interests of the United States.

           TITLE II--THE STATUS OF MACAU IN UNITED STATES LAW

SEC. 201. CONTINUED APPLICATION OF UNITED STATES LAW.

    (a) In General.--Notwithstanding any change in the exercise of
sovereignty over Macau, and subject to subsections (b) and (c), the
laws of the United States shall continue to apply with respect to
Macau, on and after December 20, 1999, in the same manner as the laws
of the United States were applied with respect to Macau before such
date unless otherwise expressly provided by law or by Executive order
under section 202.
    (b) International Agreements.--For all purposes, including actions
in any court of the United States, the Congress approves of the
continuation in force on and after December 20, 1999, of all treaties
and other international agreements, including multilateral conventions,
entered into before such date between the United States and Macau, or
entered into force before such date between the United States and the
Republic of Portugal and applied to Macau, unless or until terminated
in accordance with law. If, in carrying out this title, the President
determines that Macau is not legally competent to carry out its
obligations under any such treaty or other international agreement, or
that the continuation of Macau's obligations or rights under any such
treaty or other international agreement is not appropriate under the
circumstances, the President shall promptly notify the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate concerning such
determination, and shall take appropriate action to modify or terminate
such treaty or other international agreement.
    (c) Export Controls.--Notwithstanding subsection (a) or any other
provision of law, the President shall establish with respect to Macau,
within 90 days after the date of the enactment of this Act, such export
control policies and regulations as he determines to be advisable in
the national security interests of the United States.

SEC. 202. PRESIDENTIAL ORDER.

    (a) Presidential Determination.--On or after December 20, 1999,
whenever the President determines that Macau is not sufficiently
autonomous to justify treatment under a particular law of the United
States, or any provision thereof, different from that accorded the
People's Republic of China, the President may issue an Executive order
suspending the application of section 201(a) to such law or provision
of law. The President shall promptly notify the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate concerning any such
determination.
    (b) Factor for Consideration.--In making a determination under
subsection (a) with respect to the application of a law of the United
States, or any provision thereof, to Macau, the President should
consider the terms, obligations, and expectations expressed in the
Joint Declaration with respect to Macau.
    (c) Publication in Federal Register.--Any Executive order issued
under subsection (a) shall be published in the Federal Register and
shall specify the law or provision of law affected by the order.
    (d) Termination of Suspension.--An Executive order issued under
subsection (a) may be terminated by the President with respect to a
particular law or provision of law whenever the President determines
that Macau has regained sufficient autonomy to justify treatment under
the law or provision of law in question. Notice of any such termination
shall be published in the Federal Register.

SEC. 203. RULES AND REGULATIONS.

    The President is authorized to prescribe such rules and regulations
as the President considers appropriate to carry out this Act.

SEC. 204. CONSULTATION WITH CONGRESS.

    In carrying out this title, the President shall consult
appropriately with the Congress.

                    TITLE III--REPORTING PROVISIONS

SEC. 301. REPORTING REQUIREMENT.

    Not later than 90 days after the date of the enactment of this Act,
and not later than March 31 of each of the years 2000, 2001, and 2002,
the Secretary of State shall transmit to the Committee on International
Relations of the House of Representatives and the Committee on Foreign
Relations of the Senate a report on conditions in Macau of interest to
the United States. This report shall cover (in the case of the initial
report) the period since the date of the enactment of this Act or (in
the case of subsequent reports) the period since the most recent report
pursuant to this section, and shall describe--
            (1) significant developments in United States relations
        with Macau;
            (2) significant developments related to the change in the
        exercise of sovereignty over Macau affecting United States
        interests in Macau or United States relations with Macau and
        the People's Republic of China;
            (3) steps taken by the United States to implement section
        201(c) (relating to export controls with respect to Macau),
        including any significant problems or other developments
        arising with respect to the application of United States export
        controls to Macau;
            (4) the laws of the United States with respect to which the
        application of section 201(a) (relating to the application of
        United States laws to Macau) has been suspended pursuant to
        section 202(a) or with respect to which such a suspension has
        been terminated pursuant to section 202(d), and the reasons for
        the suspension or termination, as the case may be;
            (5) the treaties and other international agreements with
        respect to which the President has made a determination
        described in the last sentence of section 201(b) (relating to
        the application of treaties and other international agreements
        to Macau), the reasons for each such determination, and the
        steps taken as a result of such determination;
            (6) the development of democratic institutions in Macau;
            (7) compliance by the Government of the People's Republic
        of China and the Government of the Republic of Portugal with
        their obligations under the Joint Declaration; and
            (8) the nature and extent of Macau's participation in
        multilateral forums.

SEC. 302. SEPARATE PART OF COUNTRY REPORTS.

    Whenever a report is transmitted to the Congress on a country-by-
country basis, there shall be included in such report, where
applicable, a separate subreport on Macau under the heading of the
state that exercises sovereignty over Macau.

Output:
Title II: The Status of Macau in United States Law
 - Declares that U.S. laws (including treaties and international agreements and export controls the President determines is in the national security interest of the United States) shall continue to apply to Macau on or after December 20, 1999, unless otherwise expressly provided by law or by Executive order.
(Sec. 202) Authorizes the President, whenever it is determined that Macau is not sufficiently autonomous to justify treatment under a particular U.S. law different from that accorded China, to issue an Executive order suspending the application of U.S. law.
(Sec. 204) Directs the President to consult with Congress in carrying out this title.
Title III: Reporting Provisions
 - Directs the Secretary of State to report to specified congressional committees on conditions in Macau of interest to the United States, including: (1) significant developments in U.S. relations with Macau (including the change in the exercise of sovereignty over it affecting U.S. interests there or the U.S. relations with Macau and China; (2) any significant problems or other developments arising with respect to the application of U.S. export controls to Macau; (3) the suspension (or termination of such suspension) with respect to the application of U.S. laws to Macau; (4) the application of treaties and other international agreements to Macau; (5) the development of democratic institutions in Macau; and (6) compliance by China and Portugal with their obligations under the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau, dated April 13, 1987.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Spectrum Incentive Act of
2013''.

SEC. 2. FEDERAL SPECTRUM INCENTIVES.

    (a) Notice to Commission.--
            (1) In general.--Section 113(g)(4) of the National
        Telecommunications and Information Administration Organization
        Act (47 U.S.C. 923(g)(4)) is amended--
                    (A) by striking the heading and inserting ``Notice
                to commission.--'';
                    (B) in the second sentence of subparagraph (A), by
                striking ``shall notify the Commission'' and all that
                follows and inserting the following: ``shall notify the
                Commission--
                            ``(i) of estimated relocation or sharing
                        costs and timelines for such relocation or
                        sharing; or
                            ``(ii) that, instead of relocation or
                        sharing costs under this subsection and section
                        118, a Federal entity will receive payment
                        under section 120 because such entity is--
                                    ``(I) discontinuing the operations
                                that the Federal entity conducts on
                                such eligible frequencies without
                                relocating such operations to other
                                frequencies; or
                                    ``(II) relocating such operations
                                to frequencies assigned to another
                                Federal entity in order for such
                                entities to share such frequencies.'';
                                and
                    (C) by adding at the end the following:
                    ``(D) This subsection and section 118 shall not
                apply with respect to the discontinuance of operations
                on eligible frequencies or the relocation of such
                operations by a Federal entity after the Commission
                receives notice under subparagraph (A)(ii) with respect
                to such discontinuance or relocation.''.
            (2) Conforming amendments.--Section 113(g) of the National
        Telecommunications and Information Administration Organization
        Act (47 U.S.C. 923(g)) is amended--
                    (A) in paragraph (3)(A)(iii)(I), by striking
                ``paragraph (4)(A)'' and inserting ``paragraph
                (4)(A)(i)'';
                    (B) in paragraph (4)--
                            (i) in subparagraph (B), by striking
                        ``subparagraph (A)'' and inserting
                        ``subparagraph (A)(i)''; and
                            (ii) in subparagraph (C), by striking
                        ``subparagraphs (A) and (B)'' and inserting
                        ``subparagraphs (A)(i) and (B)''; and
                    (C) in paragraph (5), by striking ``paragraph
                (4)(A)'' and inserting ``paragraph (4)(A)(i)''.
    (b) Transition Plans.--Section 113(h) of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 923(h)) is amended--
            (1) in the heading, by striking ``Relocation or Sharing'';
            (2) by amending paragraph (1) to read as follows:
            ``(1) Development of transition plan by federal entity.--
                    ``(A) In general.--Not later than 240 days before
                the commencement of any auction of eligible frequencies
                described in subsection (g)(2), a Federal entity
                authorized to use any such frequency shall submit to
                the NTIA and to the Technical Panel established by
                paragraph (3) a transition plan in which the Federal
                entity--
                            ``(i) declares the intention of such
                        entity--
                                    ``(I) to share such eligible
                                frequencies with a non-Federal user or
                                to relocate to other frequencies, and
                                to receive relocation or sharing costs
                                from the Spectrum Relocation Fund
                                established by section 118; or
                                    ``(II) to discontinue the
                                operations that the Federal entity
                                conducts on such eligible frequencies
                                without relocating such operations to
                                other frequencies or to relocate such
                                operations to frequencies assigned to
                                another Federal entity in order for
                                such entities to share such
                                frequencies, and to receive payment
                                from the Federal Spectrum Incentive
                                Fund established by section 120; and
                            ``(ii) describes how the entity will
                        implement the relocation, sharing, or
                        discontinuance arrangement.
                    ``(B) Common format.--The NTIA shall specify, after
                public input, a common format for all Federal entities
                to follow in preparing transition plans under this
                paragraph.'';
            (3) in paragraph (2)--
                    (A) in subparagraph (D), by inserting ``, to
                discontinue such use,'' after ``from such
                frequencies'';
                    (B) in subparagraph (F), by inserting ``,
                discontinuance,'' after ``relocation''; and
                    (C) in subparagraph (G), by striking ``The plans''
                and inserting ``To the extent applicable given the
                intention declared by the entity under paragraph
                (1)(A)(i), the plans'';
            (4) in paragraph (4)(A), by inserting ``(if applicable)''
        after ``timelines and'';
            (5) in paragraph (6)--
                    (A) by inserting ``(if applicable)'' after
                ``costs''; and
                    (B) by inserting ``, discontinuance,'' after
                ``relocation'' the second place it appears; and
            (6) in paragraph (7)(A)(ii), by inserting ``,
        discontinuance,'' after ``relocation''.
    (c) Relocation or Discontinuance Prioritized Over Sharing.--Section
113(j) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(j)) is amended--
            (1) in the heading, by inserting ``or Discontinuance''
        after ``Relocation''; and
            (2) by inserting ``or discontinuance of the operations that
        the Federal entity conducts on the band'' after ``from the
        band'' each place it appears.
    (d) Deposit of Auction Proceeds.--Section 309(j)(8) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended--
            (1) in subparagraph (C)(i), by striking ``(D)(ii)'' and
        inserting ``(D)(ii), (D)(iii)''; and
            (2) in subparagraph (D)--
                    (A) in clause (i), by striking ``clause (ii)'' and
                inserting ``clauses (ii) and (iii)''; and
                    (B) by adding at the end the following:
                            ``(iii) Federal spectrum incentives.--
                        Notwithstanding subparagraph (A) and except as
                        provided in subparagraph (B) and clause (ii) of
                        this subparagraph, in the case of proceeds
                        (including deposits and upfront payments from
                        successful bidders) attributable to the auction
                        of eligible frequencies described in section
                        113(g)(2) of the National Telecommunications
                        and Information Administration Organization Act
                        with respect to which the Commission has
                        received notice under section 113(g)(4)(A)(ii)
                        of such Act, 1 percent of such proceeds shall
                        be deposited in the Federal Spectrum Incentive
                        Fund established by section 120 of such Act and
                        shall be available in accordance with such
                        section. The remainder of such proceeds shall
                        be deposited in the general fund of the
                        Treasury, where such proceeds shall be
                        dedicated for the sole purpose of deficit
                        reduction.''.
    (e) Federal Spectrum Incentive Fund.--Part B of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 921 et seq.) is amended by adding at the end the following:

``SEC. 120. FEDERAL SPECTRUM INCENTIVE FUND.

    ``(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the Federal Spectrum Incentive Fund
(in this section referred to as the `Fund'), which shall be
administered by the Office of Management and Budget (in this section
referred to as `OMB'), in consultation with the NTIA.
    ``(b) Transfer of Funds.--The Director of OMB shall transfer from
the Fund to a Federal entity an amount equal to the amount deposited in
accordance with section 309(j)(8)(D)(iii) of the Communications Act of
1934 that is attributable to the auction of eligible frequencies
described in section 113(g)(2) of this Act being vacated by such
entity. Such amount shall be available to the Federal entity in
accordance with subsection (c) and shall remain available until
expended.
    ``(c) Use of Funds.--A Federal entity may use an amount transferred
under subsection (b) for the following purposes:
            ``(1) Offset of sequestration.--Any purposes permitted
        under the terms and conditions of an appropriations account of
        the Federal entity that was subject to sequestration for any
        fiscal year under the Balanced Budget and Emergency Deficit
        Control Act of 1985. The amount used for such purposes under
        this paragraph may not exceed the amount by which the amount
        available to such entity under such account was reduced by
        sequestration for such fiscal year.
            ``(2) Transfer to incumbent federal entity.--In the case of
        a Federal entity that is relocating operations to frequencies
        assigned to an incumbent Federal entity in order for such
        entities to share such frequencies, to transfer an amount to
        the incumbent Federal entity for any purposes permitted under
        this subsection (except this paragraph). The transferred amount
        shall remain available to the incumbent Federal entity until
        expended.
    ``(d) Prohibition on Duplicative Payments.--If the Commission
receives notice under section 113(g)(4)(A)(ii) of a discontinuance of
operations on or relocation from eligible frequencies by a Federal
entity that has received, from the Spectrum Relocation Fund in
accordance with section 118(d)(3), relocation or sharing costs related
to pre-auction estimates or research with respect to such frequencies,
the Director of OMB shall deduct from the amount to be transferred to
such entity under subsection (b) an amount equal to such costs and
shall transfer such amount to the Spectrum Relocation Fund.''.
    (f) Department of Defense Spectrum.--Section 1062(b) of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65) does not apply to frequencies with respect to which the
Commission has received notice under section 113(g)(4)(A)(ii) of the
National Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(g)(4)(A)(ii)).

SEC. 3. COSTS OF INCUMBENT FEDERAL ENTITIES RELATED TO SPECTRUM
              SHARING.

    (a) Description of Eligible Federal Entities.--Section 113(g)(1) of
the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(g)(1)) is amended--
            (1) by striking ``authorized to use a band of eligible
        frequencies described in paragraph (2)'';
            (2) by striking ``spectrum frequencies'' the first place it
        appears and inserting ``eligible frequencies described in
        paragraph (2)''; and
            (3) by striking ``spectrum frequencies'' the second place
        it appears and inserting ``eligible frequencies described in
        such paragraph''.
    (b) Definition of Relocation or Sharing Costs.--Section
113(g)(3)(A) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(g)(3)(A)) is amended--
            (1) in clause (iv)(II), by striking ``and'' at the end;
            (2) in clause (v), by striking the period and inserting ``;
        and''; and
            (3) by adding at the end the following:
                            ``(vi) the costs incurred by an incumbent
                        Federal entity to accommodate sharing the
                        spectrum frequencies assigned to such entity
                        with a Federal entity the operations of which
                        are being relocated from eligible frequencies
                        described in paragraph (2), unless the
                        Commission receives notice under paragraph
                        (4)(A)(ii)(II) with respect to the relocation
                        of such operations.''.
    (c) Spectrum Relocation Fund.--Section 118 of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 928) is amended--
            (1) in subsection (c), by striking ``with respect to'' and
        all that follows and inserting the following: ``with respect
        to--
            ``(1) relocation from or sharing of such eligible
        frequencies; or
            ``(2) in the case of an incumbent Federal entity described
        in section 113(g)(3)(A)(vi), accommodating sharing the spectrum
        frequencies assigned to such entity with a Federal entity the
        operations of which are being relocated from such eligible
        frequencies.''; and
            (2) in subsection (d)--
                    (A) in paragraph (2)(A), by inserting ``(or, in the
                case of an incumbent Federal entity described in
                section 113(g)(3)(A)(vi), the eligible Federal entity
                the operations of which are being relocated has
                submitted such a plan)'' after ``transition plan''; and
                    (B) in paragraph (3)(B)(ii), by inserting ``except
                in the case of an incumbent Federal entity described in
                section 113(g)(3)(A)(vi),'' before ``the transition
                plan''.

Output: .  Federal Spectrum Incentive Act of 2013 - Amends the National Telecommunications and Information Administration Organization Act to allow federal entities that utilize government station licenses to participate in the incentive auction program under which licensees of electromagnetic spectrum voluntarily relinquish their spectrum rights in order for such spectrum to be auctioned for a repurposed commercial use in exchange for a percentage of the auction proceeds. Permits such federal entities, instead of being reimbursed for the costs of sharing frequencies with nonfederal users or relocating to other frequencies as provided for under current law, to receive a percentage of the proceeds from spectrum it relinquishes for auction by electing to: (1) discontinue operations on eligible frequencies without relocating to other frequencies, or (2) relocate operations to frequencies assigned to another federal entity in order for such entities to share frequencies. Establishes in the U.S. Treasury a Federal Spectrum Incentive Fund to be administered by the Office of Management and Budget (OMB) in consultation with the National Telecommunications and Information Administration (NTIA). Requires 1% of the proceeds from such auctions to be deposited in such Fund and the remainder to be deposited in the general fund of the Treasury for the sole purpose of deficit reduction. Directs OMB to transfer from the Fund to a federal entity a specified amount attributable to the auction of frequencies vacated by such entity. Permits federal entities to use such amounts for: (1) any purposes permitted under the terms and conditions of an appropriations account that was subject to sequestration for any fiscal year under the Balanced Budget and Emergency Deficit Control Act of 1985, provided that the amount used does not exceed the amount by which the account was reduced by sequestration for such fiscal year; or (2) a transfer of amounts to an incumbent federal entity for such purposes when the federal entity relinquishing spectrum relocates its operations to frequencies assigned to another federal entity in order to share frequencies.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Construction Quality Assurance Act
of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In the construction industry, specialty subcontractors
        now perform the majority of construction work, in certain cases
        100 percent of the work, under the management of a prime
        contractor, making the subcontractors' price and performance
        the key determinant in the overall cost of construction
        projects, including those performed for the Federal Government.
            (2) Detrimental practices known as ``bid shopping'' and
        ``bid peddling'' exist in the construction industry, including
        construction projects for the Federal Government.
            (3) ``Bid shopping'' occurs when a contractor, after award
        of a contract, contracts with subcontractors at a price less
        than the quoted price of the subcontractor upon which the
        contractor's fixed bid price was based, in order to increase
        the contractor's profit on the project without any benefit to
        the entity for which the contract is being performed.
            (4) ``Bid peddling'' occurs when a subcontractor that is
        not selected for inclusion in a contractor's team seeks to
        induce the contractor, after award of the contract, to
        substitute the subcontractor for another subcontractor whose
        bid price was reflected in the successful bid of the contractor
        by offering to reduce its price for performance of the
        specified work, suggesting that the previous offer of the
        subcontractor was padded or incorrect.
            (5) Bid shopping and bid peddling--
                    (A) threaten the integrity of the competitive bid
                system for construction that benefits the Federal
                Government, the construction industry, and the economy
                of the United States as a whole;
                    (B) compromise national security by promoting
                uncertainty about which contractors actually perform
                work on critical infrastructure projects;
                    (C) deprive taxpayers of the benefits of full and
                open competition among prospective contractors and
                subcontractors for the performance of Federal
                construction projects;
                    (D) expose Federal construction projects to the
                dangers of substandard performance, substitution of
                lower quality materials, and other detrimental cost-
                cutting practices by an unscrupulous substituted
                subcontractor; and
                    (E) can be effectively deterred in Federal
                construction by modifying the Federal Acquisition
                Regulation to require bid listing, which is the
                practice of requiring each offeror for a Federal
                construction contract to list the subcontractors whose
                performance is reflected in the bid price, procedures
                for the substitution of listed subcontractors for good
                cause, and other deterrents to abuse.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Contract.--The term ``contract'' means any contract
        with the Federal Government, exceeding $1,000,000 in amount,
        for the construction, alteration, or repair of any public
        building or public work of the United States.
            (2) Contractor.--The term ``contractor'' means an
        individual or entity that has been awarded or is seeking to be
        awarded a construction contract by the Federal Government.
            (3) Subcontractor.--The term ``subcontractor'' means an
        individual or entity that subcontracts with a contractor in an
        amount in excess of $100,000 for work on a contract.

SEC. 4. REQUIREMENTS REGARDING SUBCONTRACTORS FOR FEDERAL CONTRACTORS
              ON CONSTRUCTION PROJECTS.

    (a) Requirement To List Subcontractors.--
            (1) In general.--Each solicitation by an executive agency
        for the procurement of construction in an amount in excess of
        $1,000,000 shall require each bidder to submit as part of its
        bid the name, location of the place of business, and nature of
        the work of each subcontractor with whom the bidder, if awarded
        the contract, will subcontract for work in an amount in excess
        of $100,000 on the contract.
            (2) Requirements for specific categories.--
                    (A) Except as provided in subparagraphs (B) and
                (C), the bidder shall list only one subcontractor for
                each category of work as defined by the bidder in its
                bid or proposal.
                    (B) A bidder may list multiple subcontractors for a
                category of work if each such subcontractor is listed
                to perform a discrete portion of the work within a
                category.
                    (C) A bidder may list itself for any portion of
                work under the contract, which shall be deemed a
                representation by the bidder that it is fully qualified
                to perform that portion of the work itself and that the
                bidder will perform that portion itself.
            (3) Result of failure to list subcontractors.--An executive
        agency shall consider any bidder that fails to list
        subcontractors in accordance with this Act and the regulations
        promulgated pursuant to section 7 of this Act to be non-
        responsive and bids by such bidders shall not be considered.
    (b) Procedures for Substitution of a Listed Subcontractor.--
            (1) Consent and good cause required.--No contractor shall
        substitute a subcontractor in place of the subcontractor listed
        in the original bid or proposal, except with the consent of the
        contracting officer for good cause.
            (2) Examples of good cause.--Good cause under paragraph (1)
        shall include the following:
                    (A) Failure of the subcontractor to execute a
                written contract after a reasonable period if such
                written contract, based upon the terms, conditions,
                plans, and specifications of the contract and the terms
                of the subcontractor's bid or proposal, is presented to
                the subcontractor by the contractor.
                    (B) Bankruptcy of the subcontractor.
                    (C) The death or physical disability of the
                subcontractor, if the subcontractor is an individual.
                    (D) Dissolution of the subcontractor, if the
                subcontractor is a corporation or partnership.
                    (E) Failure of a subcontractor to meet the surety
                bond requirements specified by the bidder as a
                condition of the subcontractor to perform on the
                contract, if awarded to the bidder.
                    (F) The subcontractor is ineligible to perform on
                the subcontract because the subcontractor is suspended,
                debarred, or otherwise ineligible to perform.
                    (G) A series of failures by the subcontractor to
                perform in accordance with the specification, terms,
                and conditions of its subcontract resulting in the
                withholding of amounts requested by the subcontractor
                in accordance with section 3905 of title 31, United
                States Code, and the regulations implementing such
                section.
                    (H) Failure of the subcontractor to comply with a
                requirement of law applicable to the subcontractor.
                    (I) Failure or refusal of the subcontractor to
                perform the subcontract.
            (3) Requests for substitution.--A request of a contractor
        for a substitution of a listed subcontractor shall be submitted
        in writing to the contracting officer and shall include the
        reasons for the request. The contractor shall provide a copy of
        its request for substitution to the listed subcontractor by any
        means that provides written third-party verification of
        delivery to the last known address of the subcontractor. A
        subcontractor who has been so notified shall have five working
        days within which to submit written objections to the
        substitution to the contracting officer. Failure to file such
        written objections shall constitute the consent of the listed
        subcontractor to the substitution.
    (c) Limitation on Assignment, Transfer, or Substitution.--
            (1) Limitation on assignment or transfer.--No contractor
        shall permit any subcontract to be voluntarily assigned or
        transferred or to be performed by any entity other than the
        subcontractor listed in the bid or proposal without the consent
        of the contracting officer. Consent of the contracting officer
        to a contractor for a substitution shall--
                    (A) be promptly made in writing; and
                    (B) be included in the contract file.
            (2) Limitation on substitution.--No contractor that listed
        itself for a portion of the work under the contract shall
        subcontract any portion of the work for which it listed itself,
        unless authorized by the contracting officer to substitute one
        or more subcontractors to perform such work.

SEC. 5. PENALTIES.

    (a) In General.--
            (1) A contractor shall be subject to penalties if, without
        obtaining the approval of the contracting officer, the
        contractor--
                    (A) replaces a listed subcontractor for a contract
                with an executive agency; or
                    (B) awards a subcontract to a subcontractor to
                perform work which the contractor had identified as
                work to be performed directly by the contractor.
            (2) A subcontractor shall also be subject to penalties if
        the subcontractor is determined to have knowingly participated
        in the failure of the contractor to comply with the regulatory
        provisions relating to the substitution of a listed
        subcontractor.
    (b) Amount of Penalties To Be Imposed.--The amount of penalties
imposed under this section shall be equal to the greater of--
            (1) 10 percent of the amount of the bid by the listed
        subcontractor;
            (2) the difference between the amount of the bid by the
        listed subcontractor and the amount of the bid by the
        substituted subcontractor; or
            (3) the difference between the amount of the bid by a
        substituted subcontractor and the dollar value specified by the
        contractor for the work which the contractor had listed for its
        own performance.
    (c) Source of Funds for Penalties.--Penalties assessed pursuant to
this section shall be deducted from the remaining unpaid contract
balance and deposited into the fund from which the contract was
awarded.

SEC. 6. GROUNDS FOR SUSPENSION OR DEBARMENT.

    The imposition of penalties on a contractor or subcontractor for
failure to comply with the procedures for the substitution of
subcontractors on 2 contracts within a 3-year period shall be deemed to
be adequate evidence of the commission of an offense indicating a lack
of business integrity or business honesty that seriously and directly
affects the present responsibility of a Government contractor within
the meaning of part 9.4 of the Federal Acquisition Regulation
(Debarment, Suspension, and Eligibility) (48 CFR 9.4).

SEC. 7. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION.

    (a) Proposed Revisions.--Proposed revisions to the Government-wide
Federal Acquisition Regulation to implement the provisions in this Act
shall be published not later than 120 days after the date of the
enactment of this Act and provide not less than 60 days for public
comment.
    (b) Final Regulations.--Final regulations shall be published not
less than 180 days after the date of the enactment of this Act and
shall be effective on the date that is 30 days after the date of
publication.

Output:
Construction Quality Assurance Act of 2009 - Requires each solicitation by an executive agency for the procurement of construction in excess of $1 million to require each bidder to submit the name, business location, and nature of work of each subcontractor with whom such bidder will subcontract for work in excess of $100,000. Deems to be non-responsive, and prohibits consideration of, any bidder that fails to list such subcontractors.

Prohibits a contractor from substituting another subcontractor for a listed subcontractor, permitting any subcontract to be voluntarily assigned or transferred, or subcontracting work for which the contractor listed itself, without the contracting officer's consent. Sets forth: (1) examples of good cause and procedures required for substitution requests; and (2) penalties for violations of such prohibitions, including suspension or debarment from federal contracts for multiple violations. Requires revisions to the Federal Acquisition Regulation to implement this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Endangered Species Community
Advisory Board Act of 1995''.

SEC. 2. AUTHORITY TO ESTABLISH COMMUNITY ADVISORY BOARDS UNDER
              ENDANGERED SPECIES ACT OF 1973.

    The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is
amended by adding at the end the following new section:

                      ``community advisory boards

    ``Sec. 19. (a) Establishment.--(1) The Secretary shall establish an
Endangered Species Community Advisory Board (in this section referred
to as a `community advisory board') in connection with the designation
of an area under this Act as critical habitat or as a National Wildlife
Refuge.
    ``(2) Each community advisory board--
            ``(A) shall be comprised of 12 members appointed by the
        Secretary from among individuals recommended by the Governor of
        the State in which is located the area for which the advisory
        board is established; and
            ``(B) shall have as its chairperson a member of the
        advisory board who is an elected official of a local government
        in that area and who is designated as chairperson by the
        Secretary.
    ``(3) The term of a member of a community advisory board shall be 4
years, except that of the members first appointed--
            ``(A) 3 shall be appointed for an initial term of 1 year;
            ``(B) 3 shall be appointed for an initial term of 2 years;
        and
            ``(C) 3 shall be appointed for an initial term of 3 years;
as specified by the Secretary at the time of appointment.
    ``(4) Individuals who are Federal employees may not comprise a
majority of the total number of members of a community advisory board.
    ``(5) The Secretary shall prescribe regulations regarding the
establishment, characteristics, composition, and funding of community
advisory boards. However, the issuance of regulations shall not be a
precondition to the establishment of a community advisory board or
affect the existence or operation of a community advisory board
established before the effective date of this section.
    ``(6) The Secretary may provide for the payment of routine
administrative expenses of a community advisory board established for
an area from funds available for activities relating to study of the
area to determine whether to designate the area as critical habitat or
as a National Wildlife Refuge.
    ``(b) Assistance for Citizen Participation.--(1) Subject to the
availability of appropriations, the Secretary shall make available
funds to facilitate the participation of individuals from the private
sector on community advisory boards for the purpose of ensuring public
input into the designation of areas as critical habitat or National
Wildlife Refuges.
    ``(2) The private individuals who are members of a community
advisory board are eligible for funding assistance under this
subsection only if they reside in the vicinity of the area for which
the community advisory board is established. For accounting and
financial management purposes, such funds shall be paid to and
administered by the community advisory board on which the private
individuals are members, subject to paragraph (3).
    ``(3) Individuals who are local community members of a community
advisory board may use funds made available under this paragraph only--
            ``(A) to obtain technical assistance of experts in
        interpreting scientific data, material, and issues regarding
        protection of endangered species; and
            ``(B) to educate the local community in understanding such
        data, material, and issues.
    ``(c) Consultation by Secretary.--If a community advisory board is
established for an area, the Secretary, before designating any of the
area under this Act as critical habitat or as a National Wildlife
Refuge, shall--
            ``(1) consult with and seek the advice and recommendations
        of the board regarding--
                    ``(A) identifying the needs and concerns of the
                affected local community and individual landowners;
                    ``(B) monitoring scientific studies and surveys
                used to determine the need for designation of the area
                as critical habitat or a National Wildlife Refuge,
                before that designation; and
                    ``(C) addressing land use strategies and
                management; and
            ``(2) publish recommendations received from the board
        within 180 days after the date the Secretary initiates
        consultation under paragraph (1).
    ``(d) Monitoring and Reporting by Community Advisory Boards.--Each
community advisory board shall, with respect to critical habitat or a
National Wildlife Refuge for which it was established--
            ``(1) monitor and periodically report to the Secretary on
        progress made in the conservation and recovery of species for
        which that critical habitat or Refuge was designated; and
            ``(2) periodically review and report to the Secretary
        regarding the continued accuracy and sufficiency of the
        scientific findings that were the basis of that designation.
    ``(e) State Defined.--Notwithstanding section 3(17), in this
section the term `State' means any of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, American Samoa, the
Virgin Islands, Guam, and the Commonwealth of the Northern Mariana
Islands.''.

Output:
Endangered Species Community Advisory Board Act of 1995 - Amends the Endangered Species Act of 1973 to direct the Secretary of the Interior to establish an Endangered Species Community Advisory Board in connection with the designation of an area under the Act as critical habitat or as a National Wildlife Refuge.
Allows the Secretary, subject to the availability of appropriations, to make funds available to facilitate the participation of individuals from the private sector on such Boards to ensure public input into the designation of such areas or Refuges.
Requires the Board to:  (1)  monitor and periodically report to the Secretary on progress made in the conservation and recovery of species for which the critical habitat or Refuge was designated; and (2) periodically review and report to the Secretary regarding the continued accuracy and sufficiency of the scientific findings that were the basis of such designation.


Input:
SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

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

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

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

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

Output:
Freedom to Mourn in Peace Act of 2011 - Expands the prohibition on demonstrations at certain funerals, memorial services, or bereavement ceremonies for a deceased veteran to any property where such a service is held unless the demonstration has been approved by the cemetery superintendent or the owner of the property on which the funeral is held. (Current law only prohibits such demonstrations on property of a cemetery under the control of the National Cemetery Administration or on the property of Arlington National Cemetery.)

Extends to 1,000 feet the distance within which certain demonstrations that impede access to or egress from such a cemetery or property are prohibited during the period beginning 60 minutes before and ending 60 minutes after such a service, provided that there is a visible sign at applicable distances stating the time interval during which a service will be held.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sex Offender Registration Tips
Program Act of 2009'' or the ``SORT Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Parents for Megan's Law, Inc., a nonprofit corporation
        described in section 501(c)(3) of the Internal Revenue Code of
        1986 and headquartered in New York, has since 1998 educated and
        supported the community, law enforcement, criminal justice, and
        government agencies on issues related to sex offender
        registration, notification, responsible use of information,
        sexual abuse and abduction prevention, Internet Safety, and
        crime victim support.
            (2) Parents for Megan's Law, Inc., established and operates
        the National Megan's Law Helpline, a free confidential
        telephone helpline that provides information, support, and
        criminal justice referrals, nationally and internationally, on
        sex offender management issues. Parents for Megan's Law, Inc.
        is a certified rape crisis center and provides support and
        assistance to child and adult victims of sexual abuse and all
        victims of violent crime. Research suggests that sexual assault
        victims who receive counseling support are more likely to
        report their attack to the police and participate in the
        prosecution of the offender.
            (3) The National Megan's Law Helpline has generated over
        70,000 requests for assistance, information, or follow-up
        contacts on sex offender management, crime victim support, and
        prevention education issues. Helpline requests utilize the
        Helpline's resources and often entail coordination with outside
        resources, follow-up calls, or actual referrals to any or all
        of the following: law enforcement and other criminal justice
        agencies, state and local crime victims assistance agencies and
        organizations, social service and human service providers, and
        other service provider organizations.
            (4) The Internet website of Parents for Megan's Law, Inc.,
        serves as a clearinghouse and national resource for information
        related to sex offender registration, notification, sexual
        abuse and abduction prevention, and crime victims' support and
        referrals. Such Internet website is also utilized by the public
        to anonymously report Internet child pornography and child sex
        tourism and as a resource for Internet Safety education.
        Reports are forwarded to local law enforcement for appropriate
        follow-up.
            (5)(A) With limited resources, the National Megan's Law
        Helpline has provided the public with a resource for
        confidentially reporting registered sex offenders failing to
        comply with registration requirements, supervision, or
        employment restrictions or who are in positions of trust where
        potential child victims can be accessed. Confidential tips are
        triaged, crime victim support is provided, and referrals are
        made to the appropriate criminal justice agency for follow-up
        action.
            (B) In fact, because of anonymous tips to the Helpline,
        actions have been taken to mitigate potentially dangerous
        situations, including--
                    (i) sending a registered sex offender back to
                prison after he was identified as residing in a
                registered child day care center where he could access
                potential child victims;
                    (ii) preventing a convicted former middle school
                teacher required to register as a sex offender and give
                up his teacher's license, from gaining employment as an
                in home children's tutor for a reputable tutoring
                company where he could gain unsupervised access to
                potential child victims;
                    (iii) having a registered sex offender who targeted
                a child, and subsequently was barred from using the
                Internet to develop online relationships, removed from
                an Internet Dating service where he attempted to
                develop a relationship with whom he believed was a
                single woman with children;
                    (iv) sending a registered sex offender, who was on
                parole for a weapons charge and restricted from
                entering school grounds, back to prison for entering
                school grounds and drug possession;
                    (v) identifying and reporting a registered sex
                offender, convicted of sexually victimizing a 4-year-
                old boy while baby-sitting, who had absconded and
                failed to register; and
                    (vi) identifying, locating and reporting registered
                sex offenders in violation of conditions of probation,
                parole, local employment or other restriction laws.
            (6) A national Sex Offender Registration Compliance survey
        conducted by Parents for Megan's Law, Inc., in 2003, indicated
        that, 24 percent of (or over 100,000) registered sex offenders
        were not complying with sex offender registration laws. Sex
        offender registry information provides parents and community
        members an opportunity to protect themselves, their children,
        and their communities from sexual victimization, but that
        information, in order to be of value, requires labor intensive
        follow-up intervention and proactive maintenance to be kept
        current.
            (7) Access to the National Criminal Information databases
        is necessary for Parents for Megan's Law, Inc., to effectively
        evaluate the veracity of tips received, proactively research
        noncompliant registrants or registrants engaged in criminal
        activities and provide law enforcement with viable accurate
        information for follow-up action.
            (8) The Sex Offender Registration Tips (SORT) Program will
        reduce sexual victimization and increase sex offender
        registration compliance through community tips and proactive
        maintenance.
            (9) Authorizing federal funds for the SORT Program will
        reduce criminal sexual victimization by--
                    (A) supporting crime victims seeking assistance;
                    (B) supporting sex offender registration,
                notification, and sexual abuse and abduction prevention
                education and Internet Safety inquiries; and
                    (C) providing the public two interactive
                confidential resources, the Helpline and Internet
                website, for the public to provide information--
                            (i) about registered sex offenders who are
                        believed to be out of compliance with
                        registration requirements, supervision, or
                        employment restrictions and who are in
                        positions of trust where potential child
                        victims can be accessed; or
                            (ii) concerning sex offender activities
                        that indicate a heightened risk of re-
                        offending.
            (10)(A) The SORT program will serve as a powerful national
        tool supporting communities and crime victims while assisting
        and advancing the mission of Federal, state, and local law
        enforcement in combating sexual victimization.
            (B) The SORT program and the National Megan's Law Helpline
        is unique in the following ways:
                    (i) It provides up to date sexual abuse prevention
                information, deters vigilantism, and reinforces
                responsible use of information.
                    (ii) It provides victims who come forth with needed
                information with an infrastructure of advocacy,
                enforcement, and therapeutic support.
                    (iii) It maximizes law enforcement's already
                strained resources by screening anonymous tips promptly
                and effectively through the use of trained
                investigators with access to public, private and law
                enforcement databases.

SEC. 3. GRANTS FOR IMPLEMENTATION OF SEX OFFENDER REGISTRATION TIPS
              PROGRAM.

    (a) In General.--Subject to the availability of the funds
authorized to be appropriated under subsection (d), the Attorney
General shall provide grants and access to information and resources to
the not-for-profit community and victim's rights organization, Parents
for Megan's Law, Inc., to implement the Sex Offender Registration Tips
Program described in subsection (b).
    (b) Sex Offender Registration Tips Program Described.--For purposes
of subsection (a), the Sex Offender Registration Tips Program is a
program to reduce sexual victimization and support victims of violent
crime by--
            (1) providing up-to-date and accurate sex offender registry
        information to Federal, State, and local law enforcement
        entities through the National Megan's Law Helpline staffed by
        Parents for Megan's Law, Inc., and the Internet website of such
        organization;
            (2) enabling the analysis and coordination of community
        tips relating to sex offenders who fail to register in the sex
        offender registry maintained by the jurisdiction involved or
        who engage in activities in violation of conditions of their
        probation or parole or other criminal activities;
            (3) using existing Internet sex offender registries, public
        information, and the National Criminal Information databases to
        compare and contrast information and proactively identify high-
        risk registrants who are out of compliance, in violation of
        conditions of supervision, and identify the location of wanted
        registrants in order to ascertain the need for follow-up action
        by law enforcement;
            (4) providing crime victims support, information, and
        referrals; and
            (5) supporting community members with up-to-date sex
        offender registration, notification, and sexual abuse and
        abduction prevention and Internet Safety information.
    (c) Access.--Notwithstanding any other provision of law, the
Attorney General shall ensure access by Parents for Megan's Law, Inc.,
to the National Crime Information Center databases operated by the
Federal Bureau of Investigation pursuant to section 534 of title 28,
United States Code, to the extent that such access is only for purposes
within the scope of the organization's duties and responsibilities to
assist or support law enforcement agencies in administration of
criminal justice functions.
    (d) Authorization of Appropriations.--There is authorized to be
appropriated $1,000,000 for grants under subsection (a) for each of the
fiscal years 2010 through 2014.

Output: Sex Offender Registration Tips Program Act of 2009 or the SORT Act of 2009 - Directs the Attorney General to: (1) provide grants and access to information and resources to Parents for Megan's Law, Inc., to implement the Sex Offender Registration Tips Program; and (2) ensure access by Parents for Megan's Law, Inc., to the National Crime Information Center databases operated by the Federal Bureau of Investigation (FBI).


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Helping to Encourage Real
Opportunities (HERO) for At-Risk Youth Act''.

SEC. 2. MODIFICATION AND EXTENSION OF WORK OPPORTUNITY CREDIT FOR
              CERTAIN YOUTH EMPLOYEES.

    (a) Expansion of Credit for Summer Youth.--
            (1) Credit allowed for year-round employment.--Section
        51(d)(7)(A) of the Internal Revenue Code of 1986 is amended--
                    (A) by striking clauses (i) and (iii) and
                redesignating clauses (ii) and (iv) as clauses (i) and
                (ii), respectively;
                    (B) in clause (i) (as so redesignated), by striking
                ``(or if later, on May 1 of the calendar year
                involved),'' and inserting ``, and''; and
                    (C) by adding at the end the following new clause:
                            ``(iii) who will be employed for not more
                        than 20 hours per week during any period
                        between September 16 and April 30 in which such
                        individual is regularly attending any secondary
                        school.''.
            (2) Increase in credit amount.--Section 51(d)(7) of the
        Internal Revenue Code of 1986 is amended by striking
        subparagraph (B) and by redesignating subparagraph (C) as
        subparagraph (B).
            (3) Conforming amendments.--
                    (A) Subparagraph (F) of section 51(d)(1) of the
                Internal Revenue Code of 1986 is amended by striking
                ``summer''.
                    (B) Paragraph (7) of section 51(d) of such Code is
                amended--
                            (i) by striking ``summer'' each place it
                        appears in subparagraphs (A);
                            (ii) in subparagraph (B), as redesignated
                        by paragraph (2), by striking ``subparagraph
                        (A)(iv)'' and inserting ``subparagraph
                        (A)(ii)''; and
                            (iii) by striking ``summer'' in the heading
                        thereof.
    (b) Credit for At-Risk Youth.--
            (1) In general.--Paragraph (1) of section 51(d) of the
        Internal Revenue Code of 1986 is amended by striking ``or'' at
        the end of subparagraph (I), by striking the period at the end
        of subparagraph (J) and inserting ``, or'' , and by adding at
        the end the following new subparagraph:
                    ``(K) an at-risk youth.''.
            (2) At-risk youth.--Paragraph (14) of section 51(d) of such
        Code is amended to read as follows:
            ``(14) At-risk youth.--The term `at-risk youth' means any
        individual who is certified by the designated local agency--
                    ``(A) as--
                            ``(i) having attained age 16 but not age 25
                        on the hiring date,
                            ``(ii) as not regularly attending any
                        secondary, technical, or post-secondary school
                        during the 6-month period preceding the hiring
                        date,
                            ``(iii) as not regularly employed during
                        such 6-month period, and
                            ``(iv) as not readily employable by reason
                        of lacking a sufficient number of basic skills,
                        or
                    ``(B) as--
                            ``(i) having attained age 16 but not age 21
                        on the hiring date, and
                            ``(ii) an eligible foster child (as defined
                        in section 152(f)(1)(C)) who was in foster care
                        during the 12-month period ending on the hiring
                        date.''.
    (c) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after the date of
the enactment of this Act.

SEC. 3. EXTENSION OF EMPOWERMENT ZONES.

    (a) In General.--Section 1391(d)(1)(A)(i) of the Internal Revenue
Code of 1986 is amended by striking ``December 31, 2016'' and inserting
``December 31, 2019''.
    (b) Treatment of Certain Termination Dates Specified in
Nominations.--In the case of a designation of an empowerment zone the
nomination for which included a termination date which is
contemporaneous with the date specified in subparagraph (A)(i) of
section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect
before the enactment of this Act), subparagraph (B) of such section
shall not apply with respect to such designation if, after the date of
the enactment of this section, the entity which made such nomination
amends the nomination to provide for a new termination date in such
manner as the Secretary of the Treasury (or the Secretary's designee)
may provide.

Output: Helping to Encourage Real Opportunities (HERO) for At-Risk Youth Act  This bill amends the Internal Revenue Code, with respect to the work opportunity tax credit, to:    change the credit for summer youth employees to a credit for youth employees who will be employed for not more than 20 hours per week during any period between September 16 and April 30 in which the individual is regularly attending any secondary school,   increase the amount of the credit for youth employees, and   expand the credit to include at-risk youth.  An "at-risk youth" is any individual who is certified by the designated local agency as:    having attained age 16 but not age 25 on the hiring date,   having not regularly attended specified schools or been employed during the six-month period preceding the hiring date, and  not readily employable by reason of lacking a sufficient number of basic skills.   The term also includes individuals who have been certified as having attained the age of 16 but not age 21 on the hiring date and as an eligible foster child who was in foster care during the 12-month period ending on the hiring date.  The bill also extends until December 31, 2019, the designation period for certain tax-favored empowerment zones.