Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rail-Highway Grade Crossing Safety
Act of 1994''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) there are approximately 170,000 public and 110,000
        private at-grade rail-highway crossings in the United States;
            (2) during 1993, there were nearly 4,900 accidents at these
        crossings;
            (3) it is necessary to improve safety at our Nation's rail-
        highway crossings and along rail rights-of-way;
            (4) there are insufficient public funds to provide for the
        installation of warning systems that are automatically
        activated by approaching trains at all public crossings;
            (5) many of the Nation's public rail-highway crossings are
        unnecessary and should be closed;
            (6) rail-highway crossing consolidation will reduce the
        potential for rail-highway crossing collisions and will allow
        States to concentrate on improving safety at the remaining
        crossings;
            (7) incentives are needed to encourage State and local
        governments to increase the consolidation of rail-highway
        crossings; and
            (8) increased funding must be provided to educate motorists
        in their responsibilities at crossings in order to realize the
        full benefits from the public investment in rail-highway
        crossing warning systems.

SEC. 3. RAIL-HIGHWAY GRADE CROSSING CLOSING PROGRAM.

    (a) Increased Federal Share.--Section 120(c) of title 23, United
States Code, is amended by inserting ``rail-highway crossing
closures,'' after ``vanpooling,''.
    (b) Incentive Funds; Benefits and Costs Analyses.--Section 130 of
title 23, United States Code, is amended by redesignating subsection
(h) as subsection (j) and inserting after subsection (g) the following:
    ``(h) Incentive Funds for Closing Crossings.--
            ``(1) In general.--Subject to paragraph (2), any State,
        after adopting a policy requiring the review of the need for
        all new public at-grade rail-highway crossings, may, in its
        discretion, use the funds authorized under this section to
        provide an incentive payment to a local jurisdiction upon the
        permanent closing by the jurisdiction of a public at-grade
        crossing.
            ``(2) Conditions.--The incentive payments authorized by
        paragraph (1) of this subsection may be in amounts of not to
        exceed $7,500: Provided, That the funds are matched by an equal
        payment from the railroad owning the tracks on which the
        crossing is located.
            ``(3) Use of funds.--The local jurisdiction receiving funds
        under this subsection shall use the Federal funds portion of
        the incentive payment for transportation safety improvements
        only.
    ``(i) Public Benefits and Costs Analyses.--Not later than 18 months
after the date of the enactment of this subsection, the Secretary shall
establish guidelines to enable States to determine the public benefits
and costs resulting from any new rail-highway grade crossings.''.

SEC. 4. OPERATION LIFESAVER.

    Section 104(d)(1) of title 23, United States Code, is amended to
read as follows:
            ``(1) Operation lifesaver.--Before making an apportionment
        of funds under subsection (b)(3) for a fiscal year, the
        Secretary shall set aside $500,000 of the funds authorized to
        be appropriated for the surface transportation program for such
        fiscal year for carrying out a public information and education
        program to help prevent and reduce motor vehicle accidents,
        injuries, and fatalities, to improve driver performance at
        railway-highway crossings, and to help prevent trespassing on
        rail rights-of-way and the resulting injuries and fatalities.
        Expenditure of any funds in excess of $300,000 shall be
        contingent upon receipt of matching funds from nonpublic
        sources.''.

SEC. 5. GRADE CROSSING CORRIDOR SAFETY INCENTIVE PROGRAM.

    (a) Funding of Program.--Section 104(d) of title 23, United States
Code, is amended by adding at the end the following:
            ``(4) Grade crossing corridor safety incentive program.--
        Before making an apportionment of funds under subsection (b)(3)
        for a fiscal year, the Secretary shall set aside $15,000,000 of
        the funds authorized to be appropriated for the surface
        transportation program for such fiscal year to carry out a
        program to provide a financial incentive to States that review
        and implement grade crossing safety improvements on a corridor
        basis in accordance with section 130(k).''.
    (b) Establishment of Program.--Section 130 of title 23, United
States Code, is amended by adding at the end the following:
    ``(k) Grade Crossing Corridor Safety Incentive Program.--
            ``(1) In general.--The Secretary shall carry out a program
        to provide an additional financial incentive to States that
        review and implement grade crossing safety improvements on a
        corridor basis. Such financial incentive would be in addition
        to those funds available in accordance with the preceding
        subsections.
            ``(2) Project approval.--Funds authorized to be
        appropriated to carry out this subsection shall be available
        for obligation at the discretion of the Secretary. The
        Secretary shall issue investment criteria for approving
        projects under this section.
            ``(3) Applicability of other provisions.--All provisions of
        this chapter, other than provisions relating to apportionment
        formulas and Federal share, shall apply to funds made available
        to carry out this subsection, except as determined by the
        Secretary to be inconsistent with this subsection. Funds
        authorized to be appropriated to carry out this section shall
        remain available until expended.''.

Output:
Rail-Highway Grade Crossing Safety Act of 1994 - Includes rail-highway crossing closures among the safety projects for which an increased Federal share of construction costs apply.
Authorizes any State, after adopting a policy requiring the review of the need for all new public at-grade rail-highway crossings, to use certain authorized funds to provide an incentive payment to a local jurisdiction upon the permanent closing by the jurisdiction of a public at-grade crossing, provided that such payments may not exceed $7,500 and that the funds are matched by an equal payment from the railroad owning the tracks on which the crossing is located. Directs the local jurisdiction receiving funds to use the Federal funds portion of the incentive payment for transportation safety improvements only.  Directs the Secretary to establish guidelines to enable States to determine the public benefits and costs resulting from any new rail-highway grade crossings.
Revises provisions regarding Operation Lifesaver to require the Secretary of Transportation to set aside $500,000 of funds authorized to be appropriated for the surface transportation program (STP) for a given fiscal year for carrying out a public information and education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities, to improve driver performance at railway-highway crossings, and to help prevent trespassing on rail rights-of-way and resulting injuries and fatalities.  Directs that expenditure of any funds in excess of $300,000 be contingent upon receipt of matching funds from nonpublic sources.
Requires the Secretary to:  (1) set aside $15 million of funds authorized to be appropriated for the STP for a given fiscal year to carry out a program to provide a financial incentive to States that review and implement grade crossing safety improvements on a corridor basis; and (2) issue investment criteria for approving projects.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taxpayer Responsibility,
Accountability, and Consistency Act of 2008''.

SEC. 2. INFORMATION REPORTING FOR PAYMENTS TO CORPORATIONS.

    (a) In General.--Section 6041 of the Internal Revenue Code of 1986
(relating to information at source) is amended by adding at the end the
following new subsection:
    ``(h) Payments to Corporations.--
            ``(1) In general.--Notwithstanding any regulations
        prescribed by the Secretary before the date of the enactment of
        this subsection, subsection (a) shall apply to payments made to
        a corporation.
            ``(2) Exception.--Paragraph (1) shall not apply to payments
        made to a hospital or extended care facility described in
        section 501(c)(3) which is exempt from taxation under section
        501(a) or to a hospital or extended care facility owned and
        operated by the United States, a State, the District of
        Columbia, a possession of the United States, or a political
        subdivision, agency or instrumentality of any of the
        foregoing.''.
    (b) Effective Date.--The amendment made by this section shall apply
to payments made more than 1 year after the date of the enactment of
this Act.

SEC. 3. DETERMINATION OF ELIGIBILITY FOR SAFE HARBOR TREATMENT OF
              INDIVIDUALS AS NON-EMPLOYEES FOR PURPOSES OF EMPLOYMENT
              TAXES.

    (a) In General.--Chapter 25 of the Internal Revenue Code of 1986
(relating to general provisions relating to employment taxes) is
amended by adding at the end the following new section:

``SEC. 3511. SAFE HARBOR.

    ``(a) Termination of Certain Employment Tax Liability.--
            ``(1) In general.--If--
                    ``(A) for purposes of employment taxes, the
                taxpayer did not treat an individual as an employee for
                any period, and
                    ``(B) in the case of periods after December 31,
                1978, all Federal tax returns (including information
                returns) required to be filed by the taxpayer with
                respect to such individual for such period are filed on
                a basis consistent with the taxpayer's treatment of
                such individual as not being an employee,
        then, for purposes of applying such taxes for such period with
        respect to the taxpayer, the individual shall be deemed not to
        be an employee unless the taxpayer had no reasonable basis for
        not treating such individual as an employee. This paragraph
        shall not apply with respect to an individual for any periods
        beginning after the date of notice of a determination that such
        individual should be treated as an employee of the taxpayer.
            ``(2) Statutory standards for satisfying the requirements
        of paragraph (1).--For purposes of paragraph (1), a taxpayer
        shall be treated as having a reasonable basis for not treating
        an individual as an employee only if--
                    ``(A) the taxpayer's treatment of such individual
                was in reasonable reliance on--
                            ``(i) a written determination (as defined
                        in section 6110(b)(1)) issued to the taxpayer
                        addressing the employment status of such
                        individual or another individual holding a
                        substantially similar position with the
                        taxpayer, or
                            ``(ii) a concluded examination (for
                        employment tax purposes) of whether such
                        individual (or another individual holding a
                        substantially similar position) should be
                        treated as an employee of the taxpayer, with
                        respect to which there was no determination
                        that such individual (or another individual
                        holding a substantially similar position)
                        should be treated as an employee, and
                    ``(B) the taxpayer (or a predecessor) has not
                treated any other individual holding a substantially
                similar position as an employee for purposes of
                employment taxes for any period beginning after
                December 31, 1977.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Employment tax.--The term `employment tax' means any
        tax imposed by this subtitle.
            ``(2) Employment status.--The term `employment status'
        means the status of an individual, under the usual common law
        rules applicable in determining the employer-employee
        relationship, as an employee or as an independent contractor
        (or other individual who is not an employee).
    ``(c) Special Rules for Application of Section.--
            ``(1) Notice of availability of section.--An officer or
        employee of the Internal Revenue Service shall, before or at
        the commencement of any examination relating to the employment
        status of one or more individuals who perform services for the
        taxpayer, provide the taxpayer with a written notice of the
        provisions of this section.
            ``(2) Rules relating to statutory standards.--For purposes
        of subsection (a)(2), with respect to any period beginning
        after the date of the enactment of this paragraph, a taxpayer
        may not rely on an examination commenced, or a written
        determination issued, more than 7 years before the beginning of
        such period.
            ``(3) Substantially similar position.--For purposes of this
        section, the determination as to whether an individual holds a
        position substantially similar to a position held by another
        individual shall be made by the Secretary in a manner
        consistent with the Fair Labor Standards Act of 1938.
    ``(d) Burden of Proof.--A taxpayer must establish entitlement to
relief under this section by a preponderance of the evidence.
    ``(e) Petitions for Review of Status.--
            ``(1) In general.--Under procedures established by the
        Secretary not later than 1 year after the date of the enactment
        of this section, any individual who performs services for a
        taxpayer may petition (either personally or through a
        designated representative or attorney) for a determination of
        the individual's status for employment tax purposes.
            ``(2) Administrative procedures.--The procedures
        established under paragraph (1) shall provide for--
                    ``(A) a determination of status not later than 90
                days after the filing of the petition with respect to
                employment in any industry (such as the construction
                industry) in which employment is transient, casual, or
                seasonal, and
                    ``(B) an administrative appeal of any determination
                that an individual is not an employee of the taxpayer.
            ``(3) Prohibition against retaliation.--
                    ``(A) In general.--No taxpayer may discharge an
                individual, refuse to contract with an individual, or
                otherwise discriminate against an individual with
                respect to compensation, terms, conditions, or
                privileges of the services provided by the individual
                because the individual (or any designated
                representative or attorney on behalf of such
                individual) filed a petition under paragraph (1).
                    ``(B) Rights retained by individual.--Nothing in
                this paragraph shall be deemed to diminish the rights,
                privileges, or remedies of any individual under any
                Federal or State law, or under any collective
                bargaining agreement.
    ``(f) Results of Misclassification Determinations.--In any case in
which the Secretary determines that a taxpayer has misclassified an
individual as not an employee for employment tax purposes, the
Secretary shall inform the Secretary of Labor about such
misclassification and notify the individual of any eligibility for the
refund of self-employment taxes under chapter 2.
    ``(g) Regulations.--The Secretary shall, not later than 1 year
after the date of the enactment of this section, prescribe such
regulations as may be necessary and appropriate to carry out the
purposes of this section.''.
    (b) Conforming Amendments.--
            (1) Paragraph (2) of section 7436(a) of such Code is
        amendment by striking ``section 530 of the Revenue Act of
        1978'' and inserting ``section 3511''.
            (2) The table of sections for chapter 25 of such Code is
        amended by adding at the end the following new item:

``Sec. 3511. Safe harbor.''.
    (c) Termination of Section 530 of the Revenue Act of 1978.--Section
530 of the Revenue Act of 1978 shall not apply to services rendered
more than 1 year after the date of the enactment of this Act.
    (d) Effective Date.--The amendments made by this section shall
apply to services rendered more than 1 year after the date of the
enactment of this Act.

SEC. 4. ANNUAL REPORTS ON WORKER MISCLASSIFICATION.

    The Secretary of the Treasury shall issue an annual report on
worker misclassification. Such report shall include the following:
            (1) Information on the number and type of enforcement
        actions against, and examinations of, employers who have
        misclassified workers.
            (2) Relief obtained as a result of such actions against,
        and examinations of, employers who have misclassified workers.
            (3) An overall estimate of the number of employers
        misclassifying workers, the number of workers affected, and the
        industries involved.
            (4) The impact of such misclassification on the Federal tax
        system.
            (5) Information on the outcomes of the petitions filed
        under section 3511(e) of the Internal Revenue Code of 1986.

SEC. 5. INCREASE IN INFORMATION RETURN PENALTIES.

    (a) Failure To File Correct Information Returns.--
            (1) In general.--Section 6721(a)(1) of the Internal Revenue
        Code of 1986 is amended--
                    (A) by striking ``$50'' and inserting ``$250'', and
                    (B) by striking ``$250,000'' and inserting
                ``$3,000,000''.
            (2) Reduction where correction in specified period.--
                    (A) Correction within 30 days.--Section 6721(b)(1)
                of such Code is amended--
                            (i) by striking ``$15'' and inserting
                        ``$50'',
                            (ii) by striking ``$50'' and inserting
                        ``$250'', and
                            (iii) by striking ``$75,000'' and inserting
                        ``$500,000''.
                    (B) Failures corrected on or before august 1.--
                Section 6721(b)(2) of such Code is amended--
                            (i) by striking ``$30'' and inserting
                        ``$100'',
                            (ii) by striking ``$50'' and inserting
                        ``$250'', and
                            (iii) by striking ``$150,000'' and
                        inserting ``$1,500,000''.
            (3) Lower limitation for persons with gross receipts of not
        more than $5,000,000.--Section 6721(d)(1) of such Code is
        amended--
                    (A) in subparagraph (A)--
                            (i) by striking ``$100,000'' and inserting
                        ``$1,000,000'', and
                            (ii) by striking ``$250,000'' and inserting
                        ``$3,000,000'',
                    (B) in subparagraph (B)--
                            (i) by striking ``$25,000'' and inserting
                        ``$175,000'', and
                            (ii) by striking ``$75,000'' and inserting
                        ``$500,000'', and
                    (C) in subparagraph (C)--
                            (i) by striking ``$50,000'' and inserting
                        ``$500,000'', and
                            (ii) by striking ``$150,000'' and inserting
                        ``$1,500,000''.
            (4) Penalty in case of intentional disregard.--Section
        6721(e) of such Code is amended--
                    (A) by striking ``$100'' in paragraph (2) and
                inserting ``$500'',
                    (B) by striking ``$250,000'' in paragraph (3)(A)
                and inserting ``$3,000,000''.
    (b) Failure To Furnish Correct Payee Statements.--
            (1) In general.--Section 6722(a) of such Code is amended--
                    (A) by striking ``$50'' and inserting ``$250'', and
                    (B) by striking ``$100,000'' and inserting
                ``$1,000,000''.
            (2) Penalty in case of intentional disregard.--Section
        6722(c) of such Code is amended--
                    (A) by striking ``$100'' in paragraph (1) and
                inserting ``$500'', and
                    (B) by striking ``$100,000'' in paragraph (2)(A)
                and inserting ``$1,000,000''.
    (c) Failure To Comply With Other Information Reporting
Requirements.--Section 6723 of such Code is amended--
            (1) by striking ``$50'' and inserting ``$250'', and
            (2) by striking ``$100,000'' and inserting ``$1,000,000''.
    (d) Effective Date.--The amendments made by this section shall
apply with respect to information returns required to be filed after
December 31, 2008.

Output:
Taxpayer Responsibility, Accountability and Consistency Act of 2008 - Amends the Internal Revenue Code to: (1) require reporting to the Internal Revenue Service (IRS) of payments of $600 or more made to corporations; (2) set forth criteria and rules relating to the treatment of workers as employees or independent contractors; and (3) increase penalties for failure to file correct tax return information or comply with other information reporting requirements.

Requires the Secretary of the Treasury to issue an annual report on worker misclassification.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness and Accountability in
Reorganizations Act of 2006''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) it is becoming more common for corporations that file
        for bankruptcy protection under chapter 11 of title 11, United
        States Code, to ask for great sacrifices from workers,
        retirees, creditors, and former shareholders, while executives
        provide themselves with generous bonuses and other forms of
        lucrative compensation;
            (2) in the case of one company, an executive pay package
        for key employees would have given executives and managers
        $510,000,000 in compensation, while rank-and-file workers were
        asked to take large wage cuts or forced to lose their jobs;
            (3) decency requires that the highly paid not seek to
        enrich themselves on the backs of working families;
            (4) some bankruptcies involve companies with both foreign
        and domestic operations, and judges need to be able to evaluate
        the entirety of the operations when deciding whether sacrifices
        by American workers and retirees are necessary; and
            (5) there is a need for fairness and accountability and a
        new partnership for the future of the American workforce.

SEC. 3. EXECUTIVE COMPENSATION.

    Section 1129(a)(5) of title 11, United States Code, is amended--
            (1) in subparagraph (A)(ii), by striking ``and'' at the
        end; and
            (2) in subparagraph (B), by striking the period at the end
        and inserting the following:
 ``; and
            ``(C) the compensation disclosed pursuant to subparagraph
        (B) has been approved by, or is subject to the approval of, the
        court, as reasonable.''.

SEC. 4. LIMITATIONS ON COMPENSATION ENHANCEMENTS.

    Section 503(c) of title 11, United States Code, is amended--
            (1) in paragraph (1), by inserting ``, or for the payment
        of a performance, incentive, or other bonus, or any other
        compensation enhancement'' after ``remain with the debtor's
        business''; and
            (2) by striking paragraph (3) and inserting the following:
            ``(3) other transfers or obligations, whether or not
        outside of the ordinary course of business, to or for the
        benefit of officers, managers, or consultants retained by the
        debtor, before or after the filing of the petition, in the
        absence of a finding by the court based upon evidence in the
        record, and without deference to the debtor's request for such
        payments, that such transfers or obligations are essential to
        the survival of the business or (in the case of a liquidation
        of some or all of the debtors' assets) essential to the orderly
        liquidation and maximization of value of the assets of the
        debtor, in either case, because of the essential nature of the
        services provided, and then only to the extent that the court
        finds those transfers or obligations are reasonable under the
        circumstances of the case.''.

SEC. 5. TREATMENT OF FOREIGN AFFILIATES.

    (a) Collective Bargaining Agreements.--Section 1113(d) of title 11,
United States Code, is amended by adding at the end the following:
    ``(4) Foreign Affiliates.--In determining whether the proposal
required by subsection (b)(1) provides for those necessary
modifications in employee benefits and protections that are necessary
to permit the reorganization of the debtor and assures that all
creditors, the debtor, and all affected parties are treated fairly and
equitably, the court shall take into account the ongoing impact on the
debtor of the debtor's relationship with all subsidiaries and
affiliates, regardless of whether any such subsidiary or affiliate is
domestic or nondomestic, or whether any such subsidiary or affiliate is
a debtor entity.''.
    (b) Retiree Health Benefits.--Section 1114 of title 11, United
States Code, is amended by adding at the end the following:
    ``(n) Retiree Health Benefits; Foreign Affiliates.--In determining
whether the proposal required by subsection (f)(1)(A) provides for
those necessary modifications in retiree benefits that are necessary to
permit the reorganization of the debtor and assures that all creditors,
the debtor, and all affected parties are treated fairly and equitably,
the court shall take into account the ongoing impact on the debtor of
the debtor's relationship with all subsidiaries and affiliates,
regardless of whether any such subsidiary or affiliate is domestic or
nondomestic, or whether any such subsidiary or affiliate is a debtor
entity.''.

SEC. 6. EFFECTIVE DATE.

    Notwithstanding any other provision of law, the amendments made by
this Act shall apply to any case under chapter 11 of title 11, United
States Code, filed or pending on or after October 1, 2005.

Output:
Fairness and Accountability in Reorganizations Act of 2006 - Revises federal bankruptcy law to add to the conditions for court confirmation of a corporate reorganization plan that the compensation of an insider who will be employed or retained by the reorganized debtor has been approved by, or is subject to the approval of, the court, as reasonable.

Prohibits the payment of a compensation enhancement in order to induce an insider of the debtor to remain with the debtor's business, unless the court finds that any transfers or obligations to or for the insider's benefit are essential to the survival of the business, or to the orderly liquidation and maximization of the value of the debtor's assets.

Revises requirements for collective bargaining agreements and retiree health benefits to instruct the court to take into account the ongoing impact on the debtor of the debtor's relationship with all subsidiaries and affiliates, regardless of whether domestic or foreign, or whether any such subsidiary or affiliate is a debtor entity.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Frank Buckles World War I Memorial
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In 2017, the United States will commemorate the
        centennial of its entry into World War I, which introduced the
        American soldier to the world in what would become a familiar
        role as defender, liberator, and promoter of peace and
        democracy.
            (2) The support provided by the United States to Great
        Britain, France, and other allies in World War I marked the
        first time in the history of the United States that American
        soldiers went overseas to defend foreign soil against
        aggression, and it marked the true beginning of ``the American
        century''.
            (3) Although World War I was called the ``Great War'' and
        the ``War to End All Wars'', in fact, the United States would
        commit its troops to the defense of foreign lands several more
        times in the 20th century.
            (4) While three of these subsequent conflicts, World War
        II, the Korean War, and the Vietnam War, rightfully have
        commemorative memorials on the National Mall in the District of
        Columbia, there is no memorial to World War I on the Mall, even
        though more Americans gave their lives in World War I than in
        either the Korean War or the Vietnam War.
            (5) While a memorial to General John Pershing and the
        American Expeditionary Forces that he led during World War I is
        located in the District of Columbia, that memorial is not
        located on the Mall and does not commemorate the total
        participation of the United States and its Armed Forces in
        World War I.
            (6) The District of Columbia War Memorial is located on the
        Mall, adjacent to the Lincoln Reflecting Pool between the World
        War II and Korean War memorials, and was erected in memory of
        the 499 residents of the District of Columbia who died in World
        War I.
            (7) The District of Columbia War Memorial is in extreme
        disrepair and is often overlooked by residents and visitors to
        Washington.
            (8) In recognition of the upcoming anniversaries of
        America's entry into World War I, and of the armistice that
        concluded World War I on November 11, 1918, and in order to
        honor the members of the United States Armed Forces who served
        in World War I and to ensure that future generations of
        Americans will know the complete history of America's 20th-
        century struggle against aggression and totalitarianism, it is
        timely and proper to rededicate the site of the District of
        Columbia War Memorial on the National Mall as a ``National and
        District of Columbia World War I Memorial''.
            (9) Because this Act authorizes the rededication and
        related enhancement of a commemorative work that already
        exists, and that is already sited within the Reserve as defined
        in Commemorative Works Act, the provisions of the Commemorative
        Works Act regarding site approval and location of commemorative
        works do not apply to this Act.

SEC. 3. AUTHORITY TO ESTABLISH COMMEMORATIVE WORK.

    The World War I Memorial Foundation is authorized to establish a
commemorative work rededicating the District of Columbia War Memorial
as a National and District of Columbia World War I Memorial,
including--
            (1) full restoration of the existing District of Columbia
        War Memorial; and
            (2) the addition of an appropriate sculptural or other
        commemorative element, which shall complement and preserve the
        existing memorial and its landscape, at the site of the
        existing memorial to make it a national memorial.

SEC. 4. COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE WORKS; LOCATION OF
              MEMORIAL.

    (a) In General.--Except as provided by subsection (b), the
rededication of the District of Columbia War Memorial shall be in
accordance with chapter 89 of title 40, United States Code (popularly
known as the Commemorative Works Act).
    (b) Exception.--Sections 8908 and 8905 of title 40, United States
Code shall not apply to this Act.

SEC. 5. PRIVATE CONTRIBUTIONS.

    The Foundation shall solicit and accept private contributions for
the memorial.

SEC. 6. DEPOSIT OF EXCESS FUNDS.

    If, upon payment of all expenses of the rededication (including the
maintenance and preservation amount provided for in chapter 89 of title
40, United States Code, or upon expiration of the authority for the
commemorative work under such chapter), there remains a balance of
funds received for the establishment of the commemorative work, the
World War I Memorial Foundation shall transmit the amount of the
balance to the Secretary of the Treasury for deposit in the account
provided for in section 8906(b) of title 40, United States Code.

Output: Frank Buckles World War I Memorial Act - Authorizes the World War I Memorial Foundation to establish a commemorative work rededicating the District of Columbia War Memorial as a National and District of Columbia World War I Memorial.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pension Right to Know Act''.

SEC. 2. NOTICE REQUIREMENTS FOR LARGE PENSION PLANS SIGNIFICANTLY
              REDUCING FUTURE PENSION BENEFIT ACCRUALS.

    (a) Plan Requirement.--Section 401(a) of the Internal Revenue Code
of 1986 (relating to qualified pension, profit-sharing, and stock bonus
plans) is amended by inserting after paragraph (34) the following new
paragraph:
            ``(35) Notice requirements for large defined benefit plans
        significantly reducing future benefit accruals.--
                    ``(A) In general.--If a large defined benefit plan
                adopts an amendment which has the effect of
                significantly reducing the rate of future benefit
                accrual of 1 or more participants, a trust which is
                part of such plan shall not constitute a qualified
                trust under this section unless, after adoption of such
                amendment and not less than 15 days before its
                effective date, the plan administrator provides--
                            ``(i) a written statement of benefit change
                        described in subparagraph (B) to each
                        applicable individual, and
                            ``(ii) a written notice setting forth the
                        plan amendment and its effective date to each
                        employee organization representing participants
                        in the plan.
                Any such notice may be provided to a person designated,
                in writing, by the person to which it would otherwise
                be provided. The plan administrator shall not be
                treated as failing to meet the requirements of this
                subparagraph merely because the statement or notice is
                provided before the adoption of the plan amendment if
                no material modification of the amendment occurs before
                the amendment is adopted.
                    ``(B) Statement of benefit change.--A statement of
                benefit change described in this subparagraph shall--
                            ``(i) be written in a manner calculated to
                        be understood by the average plan participant,
                        and
                            ``(ii) include the information described in
                        subparagraph (C).
                    ``(C) Information contained in statement of benefit
                change.--The information described in this subparagraph
                includes the following:
                            ``(i) Notice setting forth the plan
                        amendment and its effective date.
                            ``(ii) A comparison of the following
                        amounts under the plan with respect to an
                        applicable individual, determined both with and
                        without regard to the plan amendment:
                                    ``(I) The accrued benefit and the
                                present value of the accrued benefit as
                                of the effective date.
                                    ``(II) The projected accrued
                                benefit and the projected present value
                                of the accrued benefit as of the date
                                which is 3 years, 5 years, and 10 years
                                from the effective date and as of the
                                normal retirement age.
                            ``(iii) A table of all annuity factors used
                        to calculate benefits under the plan, presented
                        in the form provided in section 72 and the
                        regulations thereunder.
                Benefits described in clause (ii) shall be stated
                separately and shall be calculated by using the
                applicable mortality table and the applicable interest
                rate under section 417(e)(3)(A).
                    ``(D) Large defined benefit plan; applicable
                individual.--For purposes of this paragraph--
                            ``(i) Large defined benefit plan.--The term
                        `large defined benefit plan' means any defined
                        benefit plan which had 1,000 or more
                        participants who had accrued a benefit under
                        the plan (whether or not vested) as of the last
                        day of the plan year preceding the plan year in
                        which the plan amendment becomes effective.
                            ``(ii) Applicable individual.--The term
                        `applicable individual' means--
                                    ``(I) each participant in the plan,
                                and
                                    ``(II) each beneficiary who is an
                                alternate payee (within the meaning of
                                section 414(p)(8)) under an applicable
                                qualified domestic relations order
                                (within the meaning of section
                                414(p)(1)(A)).
                    ``(E) Accrued benefit; projected retirement
                benefit.--For purposes of this paragraph--
                            ``(i) Present value of accrued benefit.--
                        The present value of an accrued benefit of any
                        applicable individual shall be calculated as if
                        the accrued benefit were in the form of a
                        single life annuity commencing at the
                        participant's normal retirement age (and by
                        taking into account any early retirement
                        subsidy).
                            ``(ii) Projected accrued benefit.--
                                    ``(I) In general.--The projected
                                accrued benefit of any applicable
                                individual shall be calculated as if
                                the benefit were payable in the form of
                                a single life annuity commencing at the
                                participant's normal retirement age
                                (and by taking into account any early
                                retirement subsidy).
                                    ``(II) Compensation and other
                                assumptions.--Such benefit shall be
                                calculated by assuming that
                                compensation and all other benefit
                                factors would increase for each plan
                                year beginning after the effective date
                                of the plan amendment at a rate equal
                                to the median average of the CPI
                                increase percentage (as defined in
                                section 215(i) of the Social Security
                                Act) for the 5 calendar years
                                immediately preceding the calendar year
                                before the calendar year in which such
                                effective date occurs.
                                    ``(III) Benefit factors.--For
                                purposes of subclause (II), the term
                                `benefit factors' means social security
                                benefits and all other relevant factors
                                under section 411(b)(1)(A) used to
                                compute benefits under the plan which
                                had increased from the 2d plan year
                                preceding the plan year in which the
                                effective date of the plan amendment
                                occurs to the 1st such preceding plan
                                year.
                            ``(iii) Normal retirement age.--The term
                        `normal retirement age' means the later of--
                                    ``(I) the date determined under
                                section 411(a)(8), or
                                    ``(II) the date a plan participant
                                attains age 62.''
    (b) Amendments to ERISA.--
            (1) Benefit statement requirement.--Section 204(h) of the
        Employee Retirement Income Security Act of 1974 (29 U.S.C.
        1054(h)) is amended by adding at the end the following new
        paragraphs:
            ``(3)(A) If paragraph (1) applies to the adoption of a plan
        amendment by a large defined benefit plan, the plan
        administrator shall, after adoption of such amendment and not
        less than 15 days before its effective date, provide with the
        notice under paragraph (1) a written statement of benefit
        change described in subparagraph (B) to each applicable
        individual.
            ``(B) A statement of benefit change described in this
        subparagraph shall--
                    ``(i) be written in a manner calculated to be
                understood by the average plan participant, and
                    ``(ii) include the information described in
                subparagraph (C).
            ``(C) The information described in this subparagraph
        includes the following:
                    ``(i) A comparison of the following amounts under
                the plan with respect to an applicable individual,
                determined both with and without regard to the plan
                amendment:
                            ``(I) The accrued benefit and the present
                        value of the accrued benefit as of the
                        effective date.
                            ``(II) The projected accrued benefit and
                        the projected present value of the accrued
                        benefit as of the date which is 3 years, 5
                        years, and 10 years from the effective date and
                        as of the normal retirement age.
                    ``(ii) A table of all annuity factors used to
                calculate benefits under the plan, presented in the
                form provided in section 72 of the Internal Revenue
                Code of 1986 and the regulations thereunder.
        Benefits described in clause (i) shall be stated separately and
        shall be calculated by using the applicable mortality table and
        the applicable interest rate under section 417(e)(3)(A) of such
        Code.
            ``(D) For purposes of this paragraph--
                    ``(i) The term `large defined benefit plan' means
                any defined benefit plan which had 1,000 or more
                participants who had accrued a benefit under the plan
                (whether or not vested) as of the last day of the plan
                year preceding the plan year in which the plan
                amendment becomes effective.
                    ``(ii) The term `applicable individual' means an
                individual described in subparagraph (A) or (B) of
                paragraph (1).
            ``(E) For purposes of this paragraph--
                    ``(i) The present value of an accrued benefit of
                any applicable individual shall be calculated as if the
                accrued benefit were in the form of a single life
                annuity commencing at the participant's normal
                retirement age (and by taking into account any early
                retirement subsidy).
                    ``(ii)(I) The projected accrued benefit of any
                applicable individual shall be calculated as if the
                benefit were payable in the form of a single life
                annuity commencing at the participant's normal
                retirement age (and by taking into account any early
                retirement subsidy).
                    ``(II) Such benefit shall be calculated by assuming
                that compensation and all other benefit factors would
                increase for each plan year beginning after the
                effective date of the plan amendment at a rate equal to
                the median average of the CPI increase percentage (as
                defined in section 215(i) of the Social Security Act)
                for the 5 calendar years immediately preceding the
                calendar year before the calendar year in which such
                effective date occurs.
                    ``(III) For purposes of subclause (II), the term
                `benefit factors' means social security benefits and
                all other relevant factors under section 204(b)(1)(A)
                used to compute benefits under the plan which had
                increased from the 2d plan year preceding the plan year
                in which the effective date of the plan amendment
                occurs to the 1st such preceding plan year.
                    ``(iii) The term `normal retirement age' means the
                later of--
                            ``(I) the date determined under section
                        3(24), or
                            ``(II) the date a plan participant attains
                        age 62.
            ``(4) A plan administrator shall not be treated as failing
        to meet the requirements of this subsection merely because the
        notice or statement is provided before the adoption of the plan
        amendment if no material modification of the amendment occurs
        before the amendment is adopted.''
            (2) Conforming amendment.--Section 204(h)(1) of such Act
        (29 U.S.C. 1054(h)(1)) is amended by inserting ``(including any
        written statement of benefit change if required by paragraph
        (3))'' after ``written notice''.
    (c) Effective Dates.--
            (1) In general.--The amendments made by this section shall
        apply to plan amendments taking effect in plan years beginning
        on or after the earlier of--
                    (A) the later of--
                            (i) January 1, 1999, or
                            (ii) the date on which the last of the
                        collective bargaining agreements pursuant to
                        which the plan is maintained terminates
                        (determined without regard to any extension
                        thereof after the date of the enactment of this
                        Act), or
                    (B) January 1, 2001.
            (2) Exception where notice given.--The amendments made by
        this section shall not apply to any plan amendment for which
        written notice was given to participants or their
        representatives before March 17, 1999, without regard to
        whether the amendment was adopted before such date.
            (3) Special rule.--The period for providing any notice
        required by, or any notice the contents of which are changed
        by, the amendments made by this Act shall not end before the
        date which is 6 months after the date of the enactment of this
        Act.

Output: Pension Right to Know Act - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 to set forth notice requirements for large pension plans which significantly reduce future benefit accruals.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Manufacturing Modernization and
Diversification Act of 2010''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Bank.--The term ``bank'' means--
                    (A) an insured depository institution, as such term
                is defined under section 3(c)(2) of the Federal Deposit
                Insurance Act (12 U.S.C. 1813(c)(2)); and
                    (B) an insured credit union, as such term is
                defined under section 101(7) of the Federal Credit
                Union Act (12 U.S.C. 1752(7)).
            (2) Collateral support program.--The term ``Collateral
        Support Program'' means a program described under section 4.
            (3) Loan participation program.--The term ``Loan
        Participation Program'' means a program described under section
        5.
            (4) Qualified manufacturer.--The term ``qualified
        manufacturer'' means a business that is engaged in
        manufacturing and--
                    (A) has less than $50,000,000 in annual revenue;
                and
                    (B) has less than $50,000,000 in assets.
            (5) Revolving loan fund.--The term ``revolving loan fund''
        means the revolving loan fund established under section 3(d).
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of the Treasury.
            (7) SPV.--The term ``SPV'' means a special purpose vehicle
        created by a State.
            (8) Termination date.--The term ``termination date'' means
        the date that is the end of the 2-year period beginning on the
        date the Secretary issues regulations pursuant to section
        3(b)(4).

SEC. 3. FEDERAL LOAN PROGRAM TO SPVS.

    (a) In General.--The Secretary shall certify SPVs to take part in a
program to carry out Collateral Support Programs and Loan Participation
Programs for the benefit of qualified manufacturers (hereinafter in
this section described as the ``loan program'').
    (b) Application Process.--
            (1) In general.--Each SPV wishing to participate in the
        loan program shall submit an application to the Secretary, in
        such form and manner as the Secretary may require, containing--
                    (A) a detailed proposal for the structure of the
                Collateral Support Program the SPV proposes to carry
                out, including what criteria the SPV intends to use to
                determine which qualified manufacturers will be
                eligible to participate;
                    (B) a detailed proposal for the structure of the
                Loan Participation Program the SPV proposes to carry
                out, including what criteria the SPV intends to use to
                determine which qualified manufacturers will be
                eligible to participate; and
                    (C) such other information as the Secretary may
                require.
            (2) Additional requirements.--
                    (A) Interest rate.--Loans made to SPVs by the
                Secretary under the loan program shall be made with an
                interest rate of 0.5 percent.
                    (B) Treatment of payments from qualified
                manufacturers.--The amount of all fees and interest
                payments paid by qualified manufacturers to an SPV
                under Collateral Support Programs and Loan
                Participation Programs that is more than the amount
                required by the SPV to repay the principal and interest
                amounts on loans made to the SPV under the loan program
                shall be retained by the SPV.
                    (C) No disqualification by reason of
                participation.--Participation in a Collateral Support
                Program or a Loan Participation Program by a qualified
                manufacturer shall not disqualify such manufacturer
                from receiving assistance related to such loan under
                other Federal programs as well, including programs
                carried out by the Small Business Administration and
                the Department of Agriculture.
                    (D) Limitations on spvs.--Only 1 SPV per State may
                be certified to participate in the loan program.
                    (E) Oversight.--The Secretary shall issue
                regulations to require each SPV participating in the
                loan program to make periodic reports to the Secretary
                at any time such SPV has a loan outstanding under the
                loan program. Such reports shall contain such
                information as the Secretary determines appropriate to
                maintain oversight of the funds used in the loan
                program.
            (3) Determination factors.--In making the determination of
        which SPVs should be certified to take part in the loan
        program, the Secretary shall consider--
                    (A) all information submitted in the application of
                an SPV under paragraph (1);
                    (B) the number of jobs that will likely be created
                by programs proposed by the SPV;
                    (C) the amount of economic distress experienced by
                the State in which the SPV is located, including the
                unemployment rate of such State; and
                    (D) the likelihood that the SPV will be able to
                successfully administer the programs proposed by the
                SPV.
            (4) Rulemaking.--The Secretary shall issue all regulations
        necessary for the submission of applications described under
        paragraph (1) no later than 90 days after the date of the
        enactment of this Act.
    (c) Loan-Making Process.--
            (1) In general.--Each time a certified SPV wishes to make a
        loan under a Collateral Support Program or a Loan Participation
        Program, the certified SPV shall make a request to the
        Secretary, who shall loan the requested amount to the SPV from
        the revolving loan fund, as long as sufficient amounts remain
        in the fund.
            (2) Time period.--An SPV may not make any new loans under a
        Collateral Support Program or a Loan Participation Program
        after the termination date.
    (d) Revolving Loan Fund.--
            (1) In general.--There is established in the Treasury a
        revolving loan fund for the loan program.
            (2) Initial transfer.--
                    (A) Funding from the tarp.--Of funds made available
                to the Secretary under title I of the Emergency
                Economic Stabilization Act of 2008 (12 U.S.C. 5211 et
                seq.) that remain unobligated, the Secretary shall
                transfer and credit $20,000,000,000 to the revolving
                loan fund.
                    (B) Authorization.--The amounts transferred under
                subparagraph (A) shall be deemed to be for actions
                authorized under title I of the Emergency Economic
                Stabilization Act of 2008.
            (3) Expenditures.--The Secretary shall use the amounts in
        the revolving loan fund to carry out the loan program.
            (4) Deposits.--The Secretary shall deposit amounts received
        as payment and interest on loans provided under the loan
        program into the revolving loan fund.
    (e) Termination of Loan Program.--On and after the termination
date--
            (1) no additional loans may be made by the Secretary under
        the loan program;
            (2) all amounts in the revolving loan fund shall be paid
        into the general fund of the Treasury; and
            (3) all amounts that would otherwise have been paid into
        the revolving loan fund shall be paid into the general fund of
        the Treasury.

SEC. 4. COLLATERAL SUPPORT PROGRAM.

    (a) In General.--With respect to an SPV, a program is described
under this section if, under such program--
            (1) a qualified manufacturer that wishes to receive a loan
        from a bank, but would not otherwise have sufficient collateral
        to qualify for such a loan, may ask the bank to seek collateral
        support for such loan from the SPV;
            (2) the bank submits an application to the SPV to
        participate in the collateral support program, in such form and
        manner and containing such information as the SPV may require;
            (3) the SPV, if approving such application, deposits cash
        with the bank in an interest bearing account under the SPV's
        name, and allows such cash to act as collateral support for the
        qualified manufacturer's loan;
            (4) the interest paid on such cash deposit is paid to the
        SPV; and
            (5) as the qualified manufacturer repays the loan over
        time, the SPV draws down the amount deposited with the bank.
    (b) Additional Requirements.--A program described under subsection
(a) shall additionally have the following requirements:
            (1) Deposit limits.--The cash deposit made by the SPV may
        not represent more than 49.9 percent of the total loan amount
        and may not be in an amount more than 49.9 percent of the non-
        equity capital of the qualified manufacturer at the time the
        loan is made.
            (2) Loan amount.--The SPV may not provide more than
        $20,000,000 to any one qualified manufacturer under the
        collateral support program.
            (3) Fees.--The SPV shall require a fee or fees to be paid
        by the qualified manufacturer to the SPV, at loan closing or
        annually, which shall consist of no more than 3 percent of the
        value of the cash deposit per fee. The SPV may determine
        whether such fee should be paid in cash or in options to
        purchase equity in the qualified manufacturer, but in no case
        may such options allow for the purchase of equity in the
        qualified manufacturer that would result in the SPV holding
        more than 15 percent of the voting rights of the equity of such
        qualified manufacturer.
            (4) Exit fee.--In the event that the qualified manufacturer
        defaults on the loan made under the collateral support program,
        the bank shall repay to the SPV an amount equal to 5 percent of
        the initial deposit made by the SPV.
            (5) Oversight.--The SPV shall require--
                    (A) the bank to make periodic reports to the SPV
                during the life of the loan; and
                    (B) such other reports from the bank and the
                qualified manufacturer as the SPV determines
                appropriate to maintain oversight.

SEC. 5. LOAN PARTICIPATION PROGRAM.

    (a) In General.--With respect to an SPV, a program is described
under this section if, under such program--
            (1) a qualified manufacturer that wishes to receive a loan
        from a bank, but would not otherwise qualify for such a loan,
        may ask the bank to seek loan participation for such loan from
        the SPV;
            (2) the bank submits an application to the SPV to
        participate in the loan participation program, in such form and
        manner and containing such information as the SPV may require;
            (3) the SPV, if approving such application, will agree to
        purchase between 1 to 49.9 percent of such loan, upon the bank
        making such loan;
            (4) the bank shall continue to service the entire loan; and
            (5) the SPV may, in coordination with the bank, permit the
        qualified manufacturer to forbear payments of interest or defer
        payments of principal on the amount of such loan purchased by
        the SPV for a period of no longer than 3 years from the date
        such loan is made.
    (b) Additional Requirements.--A program described under subsection
(a) shall additionally have the following requirements:
            (1) Loan amount.--The SPV may not pay more than $20,000,000
        for any portion of loans made to any one qualified manufacturer
        under the loan participation program.
            (2) Fee.--
                    (A) One-time fee.--The SPV shall require a one-time
                fee from the qualified manufacturer in exchange for the
                SPV participating in the loan participation program.
                    (B) Annual fee.--The bank shall require the
                qualified manufacturer to pay an annual fee to the bank
                of a minimum of 0.5 percent, and a maximum of 2
                percent, of the amount of the portion of the loan
                purchased by the SPV under the loan participation
                program.
            (3) Oversight.--The SPV shall require--
                    (A) the bank to make periodic reports to the SPV
                during the life of the loan; and
                    (B) such other reports from the bank and the
                qualified manufacturer as the SPV determines
                appropriate to maintain oversight.

SEC. 6. REPORT.

    Not later than the end of the 6-month period beginning on the date
of the enactment of this Act, and quarterly thereafter while any loan
remains outstanding under the loan program carried out under section 3,
the Secretary shall issue a report to the Congress containing--
            (1) a list of the active participants in Collateral Support
        Programs and Loan Participation Programs; and
            (2) an estimate of the impact the loan program has had on--
                    (A) the overall economy; and
                    (B) the creation of new jobs or the preservation of
                existing jobs.

Output:
Manufacturing Modernization and Diversification Act of 2010 - Directs the Secretary of the Treasury to certify special purpose vehicles (SPVs) created by a state to take part in a program to carry out collateral support and loan participation programs for the benefit of qualified manufacturers (manufacturers with less than $50 million in annual revenue and less than $50 million in assets). Outlines SPV application requirements.

Allows, under the collateral support program, a qualified manufacturer that wishes to receive a bank loan but has insufficient collateral to ask the bank to seek collateral loan support from the SPV. Prohibits an SPV from providing more than $20 million in collateral support to any one manufacturer. Requires manufacturers to be charged a fee for such support.

Allows, under the loan participation program, a qualified manufacturer that wishes to receive a bank loan but would not otherwise qualify for the loan to ask the bank to seek participation for such loan from the SPV. Prohibits an SPV from providing more than $20 million in participation support to any one manufacturer. Requires manufacturers to be charged a fee for such support.

Requires: (1) periodic reports from such banks to participating SPVs; and (2) quarterly reports from the Secretary to Congress on participants in and impacts of the support and participation programs.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Antitrust Modernization Commission
Act of 2001''.

SEC. 2. ESTABLISHMENT.

    There is established the Antitrust Modernization Commission (in
this Act referred to as the ``Commission'').

SEC. 3. DUTIES OF THE COMMISSION.

    The duties of the Commission are--
            (1) to investigate and to study issues and problems
        relating to the modernization of the antitrust laws,
            (2) to solicit divergent views of all parties concerned
        with the operation of the antitrust laws,
            (3) to evaluate the advisability of proposals and current
        arrangements with respect to such issues and such problems, and
            (4) to prepare and to submit to the Congress and the
        President a report in accordance with section 8.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 12
members appointed as follows:
            (1) Four members, no more than 2 of whom shall be of the
        same political party, shall be appointed by the President. One
        of such members shall be designated by the President as
        chairperson of the Commission.
            (2) Two members shall be appointed by the majority leader
        of the Senate.
            (3) Two members shall be appointed by the minority leader
        of the Senate.
            (4) Two members shall be appointed by the Speaker of the
        House of Representatives.
            (5) Two members shall be appointed by the minority leader
        of the House of Representatives.
    (b) Ineligibility for Appointment.--Members of Congress shall be
ineligible for appointment to the Commission.
    (c) Term of Appointment.--
            (1) In general.--Subject to paragraph (2), members of the
        Commission shall be appointed for the life of the Commission.
            (2) Early termination of appointment.--If a member of the
        Commission who is appointed to the Commission as--
                    (A) an officer or employee of a government ceases
                to be an officer or employee of such government; or
                    (B) an individual who is not an officer or employee
                of a government becomes an officer or employee of a
                government;
        then such member shall cease to be a member of the Commission
        on the expiration of the 90-day period beginning on the date
        such member ceases to be such officer or employee of such
        government, or becomes an officer or employee of a government,
        as the case may be.
    (d) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number may conduct meetings.
    (e) Appointment Deadline.--Initial appointments under subsection
(a) shall be made not later than 60 days after the date of enactment of
this Act.
    (f) Meetings.--The Commission shall meet at the call of the
chairperson. The first meeting of the Commission shall be held not
later than 30 days after the date on which all members of the
Commission are first appointed under subsection (a) or funds are
appropriated to carry out this Act, whichever occurs later.
    (g) Vacancy.--A vacancy on the Commission shall be filled in the
same manner as the initial appointment is made.
    (h) Consultation Before Appointment.--Before appointing members of
the Commission, the President, the majority and minority leaders of the
Senate, the Speaker of the House of Representatives, and the minority
leader of the House of Representatives shall consult with each other to
ensure fair and equitable representation of various points of view in
the Commission.

SEC. 5. COMPENSATION OF THE COMMISSION.

    (a) Pay.--
            (1) Nongovernment employees.--Each member of the Commission
        who is not otherwise employed by a government shall be entitled
        to receive the daily equivalent of the annual rate of basic pay
        payable for level IV of the Executive Schedule under section
        5315 of title 5 United States Code, as in effect from time to
        time, for each day (including travel time) during which such
        member is engaged in the actual performance of duties of the
        Commission.
            (2) Government employees.--A member of the Commission who
        is an officer or employee of a government shall serve without
        additional pay (or benefits in the nature of compensation) for
        service as a member of the Commission.
    (b) Travel Expenses.--Members of the Commission shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with subchapter I of chapter 57 of title 5, United States
Code.

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

    (a) Staff.--
            (1) Appointment.--The chairperson of the Commission may,
        without regard to the provisions of chapter 51 of title 5 of
        the United States Code (relating to appointments in the
        competitive service), appoint and terminate an executive
        director and such other staff as are necessary to enable the
        Commission to perform its duties. The appointment of an
        executive director shall be subject to approval by the
        Commission.
            (2) Compensation.--The chairperson of the Commission may
        fix the compensation of the executive director and other staff
        without regard to the provisions of chapter 51 and subchapter
        III of chapter 53 of title 5 of the United States Code
        (relating to classification of positions and General Schedule
        pay rates), except that the rate of pay for the executive
        director and other staff may not exceed the rate of basic pay
        payable for level V of the Executive Schedule under section
        5315 of title 5 United States Code, as in effect from time to
        time.
    (b) Experts and Consultants.--The Commission may procure temporary
and intermittent services of experts and consultants in accordance with
section 3109(b) of title 5, United States Code.

SEC. 7. POWERS OF THE COMMISSION.

    (a) Hearings and Meetings.--The Commission, or a member of the
Commission if authorized by the Commission, may hold such hearings, sit
and act at such time and places, take such testimony, and receive such
evidence, as the Commission considers to be appropriate. The Commission
or a member of the Commission may administer oaths or affirmations to
witnesses appearing before the Commission or such member.
    (b) Official Data.--The Commission may obtain directly from any
executive agency (as defined in section 105 of title 5 of the United
States Code) or court information necessary to enable it to carry out
its duties under this Act. On the request of the chairperson of the
Commission, and consistent with any other law, the head of an executive
agency or of a Federal court shall provide such information to the
Commission.
    (c) Facilities and Support Services.--The Administrator of General
Services shall provide to the Commission on a reimbursable basis such
facilities and support services as the Commission may request. On
request of the Commission, the head of an executive agency may make any
of the facilities or services of such agency available to the
Commission, on a reimbursable or nonreimbursable basis, to assist the
Commission in carrying out its duties under this Act.
    (d) Expenditures and Contracts.--The Commission or, on
authorization of the Commission, a member of the Commission may make
expenditures and enter into contracts for the procurement of such
supplies, services, and property as the Commission or such member
considers to be appropriate for the purpose of carrying out the duties
of the Commission. Such expenditures and contracts may be made only to
such extent or in such amounts as are provided in advance in
appropriation Acts.
    (e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
    (f) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.

SEC. 8. REPORT.

    Not later than 3 years after the first meeting of the Commission,
the Commission shall submit to the Congress and the President a report
containing a detailed statement of the findings and conclusions of the
Commission, together with recommendations for legislative or
administrative action the Commission considers to be appropriate.

SEC. 9. TERMINATION OF COMMISSION.

    The Commission shall cease to exist 30 days after the date on which
the report required by section 8 is submitted.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $4,000,000 to carry out this
Act.

Output: Antitrust Modernization Commission Act of 2001 - Establishes the Antitrust Modernization Commission to study and report to Congress and the President on issues and problems relating to the modernization of the antitrust laws. Directs the Commission to: (1) solicit divergent views of all parties concerned with the operation of such laws; and (2) evaluate the advisability of proposals and current arrangements with respect to such issues and problems.


Input:
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Gabriella Miller Kids First Research
Act''.
SEC. 2. TERMINATION OF TAXPAYER FINANCING OF POLITICAL PARTY
CONVENTIONS; USE OF FUNDS FOR PEDIATRIC RESEARCH INITIATIVE.
    (a) Termination of Payments for Conventions; Use of Funds for
Pediatric Research.--Section 9008 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
    ``(i) Termination of Payments for Conventions; Use of Amounts for
Pediatric Research Initiative.--Effective on the date of the enactment
of the Gabriella Miller Kids First Research Act--
        ``(1) the entitlement of any major party or minor party to a
    payment under this section shall terminate; and
        ``(2) all amounts in each account maintained for the national
    committee of a major party or minor party under this section shall
    be transferred to a fund in the Treasury to be known as the `10-
    Year Pediatric Research Initiative Fund', which shall be available
    only for the purpose provided in section 402A(a)(2) of the Public
    Health Service Act, and only to the extent and in such amounts as
    are provided in advance in appropriation Acts.''.
    (b) Continuation of Priority of Payments From Accounts Over
Payments to Candidates.--
        (1) Availability of payments to candidates.--The third sentence
    of section 9006(c) of such Code is amended by striking ``section
    9008(b)(3),'' and inserting ``section 9008(i)(2),''.
        (2) Availability of payments from presidential primary matching
    payment account.--The second sentence of section 9037(a) of such
    Code is amended by striking ``section 9008(b)(3)'' and inserting
    ``section 9008(i)(2)''.
    (c) Conforming Amendments.--
        (1) Elimination of reports by federal election commission.--
    Section 9009(a) of such Code is amended--
            (A) by adding ``and'' at the end of paragraph (2);
            (B) by striking the semicolon at the end of paragraph (3)
        and inserting a period; and
            (C) by striking paragraphs (4), (5), and (6).
        (2) Elimination of penalties.--Section 9012 of such Code is
    amended--
            (A) in subsection (a)(1), by striking the second sentence;
            (B) in subsection (c), by striking paragraph (2) and
        redesignating paragraph (3) as paragraph (2);
            (C) in subsection (e)(1), by striking the second sentence;
        and
            (D) in subsection (e)(3), by striking ``, or in connection
        with any expense incurred by the national committee of a major
        party or minor party with respect to a presidential nominating
        convention''.
SEC. 3. 10-YEAR PEDIATRIC RESEARCH INITIATIVE.
    (a) Allocation of NIH Funds in Common Fund for Pediatric
Research.--Paragraph (7) of section 402(b) of the Public Health Service
Act (42 U.S.C. 282(b)) is amended to read as follows:
        ``(7)(A) shall, through the Division of Program Coordination,
    Planning, and Strategic Initiatives--
            ``(i) identify research that represents important areas of
        emerging scientific opportunities, rising public health
        challenges, or knowledge gaps that deserve special emphasis and
        would benefit from conducting or supporting additional research
        that involves collaboration between 2 or more national research
        institutes or national centers, or would otherwise benefit from
        strategic coordination and planning;
            ``(ii) include information on such research in reports
        under section 403; and
            ``(iii) in the case of such research supported with funds
        referred to in subparagraph (B)--
                ``(I) require as appropriate that proposals include
            milestones and goals for the research;
                ``(II) require that the proposals include timeframes
            for funding of the research; and
                ``(III) ensure appropriate consideration of proposals
            for which the principal investigator is an individual who
            has not previously served as the principal investigator of
            research conducted or supported by the National Institutes
            of Health;
        ``(B)(i) may, with respect to funds reserved under section
    402A(c)(1) for the Common Fund, allocate such funds to the national
    research institutes and national centers for conducting and
    supporting research that is identified under subparagraph (A); and
        ``(ii) shall, with respect to funds appropriated to the Common
    Fund pursuant to section 402A(a)(2), allocate such funds to the
    national research institutes and national centers for making grants
    for pediatric research that is identified under subparagraph (A);
    and
        ``(C) may assign additional functions to the Division in
    support of responsibilities identified in subparagraph (A), as
    determined appropriate by the Director;''.
    (b) Funding for 10-Year Pediatric Research Initiative.--Section
402A of the Public Health Service Act (42 U.S.C. 282a) is amended--
        (1) in subsection (a)--
            (A) by redesignating paragraphs (1) through (3) as
        subparagraphs (A) through (C), respectively, and moving the
        indentation of each such subparagraph 2 ems to the right;
            (B) by striking ``For purposes of carrying out this title''
        and inserting the following:
        ``(1) This title.--For purposes of carrying out this title'';
    and
            (C) by adding at the end the following:
        ``(2) Funding for 10-year pediatric research initiative through
    common fund.--For the purpose of carrying out section
    402(b)(7)(B)(ii), there is authorized to be appropriated to the
    Common Fund, out of the 10-Year Pediatric Research Initiative Fund
    described in section 9008 of the Internal Revenue Code of 1986, and
    in addition to amounts otherwise made available under paragraph (1)
    of this subsection and reserved under subsection (c)(1)(B)(i) of
    this section, $12,600,000 for each of fiscal years 2014 through
    2023.''; and
        (2) in subsections (c)(1)(B), (c)(1)(D), and (d), by striking
    ``subsection (a)'' each place it appears and inserting ``subsection
    (a)(1)''.
    (c) Supplement, Not Supplant; Prohibition Against Transfer.--Funds
appropriated pursuant to section 402A(a)(2) of the Public Health
Service Act, as added by subsection (b)--
        (1) shall be used to supplement, not supplant, the funds
    otherwise allocated by the National Institutes of Health for
    pediatric research; and
        (2) notwithstanding any transfer authority in any appropriation
    Act, shall not be used for any purpose other than allocating funds
    for making grants as described in section 402(b)(7)(B)(ii) of the
    Public Health Service Act, as added by subsection (a).

                               Speaker of the House of Representatives.

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

Output: (This measure has not been amended since it was passed by the House on December 11, 2013.  Gabriella Miller Kids First Research Act - Amends the Internal Revenue Code to terminate the entitlement of any major or minor political party to a payment from the Presidential Election Campaign Fund for a presidential nominating convention. Transfers amounts in each account maintained for such purpose for the national committee of a party to a 10-Year Pediatric Research Initiative Fund, making them available only for allocation to national research institutes and national centers through the Common Fund for making grants for pediatric research under this Act.  Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), through the Division of Program Coordination, Planning, and Strategic Initiatives, to allocate funds appropriated under this Act to the national research institutes and national centers for making grants for pediatric research representing important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between two or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning.  Authorizes $12.6 million out of the 10-Year Pediatric Research Initiative Fund for each of FY2014-FY2023 for pediatric research through the Common Fund. Requires such funds to supplement, not supplant, funds otherwise allocated by NIH for pediatric research. Prohibits the use of such amounts for any purpose other than allocating funds for making grants for pediatric research described in this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Defense Anthrax
Vaccination Moratorium Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) a single force protection measure such as the mandatory
        anthrax vaccine immunization program should not be implemented
        by the Department of Defense without regard for that measure's
        own effects on morale, retention, recruiting, and budget; and
            (2) an insufficiently proven vaccine should not be
        advocated as a substitute for research, development, and
        production of truly effective vaccines and essential
        antibiotics, adequate personal protective equipment, detection
        devices, and nonproliferation measures.

SEC. 3. MORATORIUM OF VACCINATION PROGRAM.

    The Secretary of Defense shall suspend implementation of the
anthrax vaccination program of the Department of Defense. After the
date of the enactment of this Act, no further vaccination may be
administered under the program to any member of the Armed Forces except
in accordance with this Act.

SEC. 4. STUDY BY NATIONAL INSTITUTES OF HEALTH.

    (a) Study.--
            (1) In general.--The Director of the National Institutes of
        Health shall require the appropriate national research
        institute to conduct or oversee an independent study of the
        effectiveness and safety of the vaccine used in the Department
        of Defense anthrax vaccination program.
            (2) Matters to be studied.--The Director shall include in
        the study under paragraph (1) determination of the following
        with respect to that vaccine:
                    (A) Types and severity of adverse reactions.
                    (B) Long-term health implications, including
                interactions with other (existing and planned) vaccines
                and medications.
                    (C) Efficacy of the anthrax vaccine for protecting
                humans against all the strains of anthrax pathogens
                members of the Armed Forces are likely to encounter.
                    (D) Correlation of animal models to safety and
                effectiveness in humans.
                    (E) Validation of the manufacturing process
                focusing on, but not limited to, discrepancies
                identified by the Food and Drug Administration in
                February 1998 (especially with respect to the filter
                used in the harvest of anthrax vaccine, storage times,
                and exposure to room temperature).
                    (F) Definition of vaccine components in terms of
                the protective antigen and other bacterial products and
                constituents.
                    (G) Such other matters as are in the judgment of
                the Director required in order for the Director to make
                the determinations required by subsection (b).
            (3) Limitation.--The Director may not use for purposes of
        the study any data arising from the experience of inoculating
        members of the Armed Forces with the vaccine studied because of
        the lack of informed consent and inadequate recordkeeping
        associated with such inoculations.
    (b) Report.--Upon completion of the study, the Director of the
National Institutes of Health shall submit to the Committee on
Government Reform of the House of Representatives and the Committee on
Governmental Affairs of the Senate and to the Secretary of Defense a
report setting forth the results of the study. The report shall include
the Director's determination, based upon the results of the study, as
to each of the following:
            (1) Whether or not the vaccine used in the Department of
        Defense anthrax vaccination program has an unacceptably high
        systemic reaction rate.
            (2) Whether or not the vaccine is effective with respect to
        noncutaneous transfer of anthrax.
            (3) Whether or not the vaccine will be produced in a manner
        acceptable to the Food and Drug Administration.

SEC. 5. GENERAL ACCOUNTING OFFICE STUDY.

    (a) In General.--The Comptroller General shall conduct a study of
the inoculation program referred to in section 3 and of the effect of
the use of contractor-operated facilities for that program. As part of
the study, the Comptroller General shall study the following with
respect to the inoculation program:
            (1) Effects on military morale, retention, and recruiting.
            (2) Civilian costs and burdens associated with lack of
        military medical care and loss of civilian sick leave and work
        capacity for members of the reserve components who experience
        adverse reactions while not in military status.
            (3) A system of accurately recording medical conditions of
        members of the Armed Forces and other patients before and after
        inoculation, including off-duty reactions and treatment of
        reserve component members and including screening for allergens
        and contraindications, to include prior adverse reactions.
    (b) Public Comment.--The Comptroller General shall publish the
study under subsection (a) for public comment.
    (b) GAO Review.--The Comptroller General shall review the
Secretary's written report and provide comments to Congress within 75
days after the Secretary files the report.

SEC. 6. BOARDS FOR CORRECTION OF MILITARY RECORDS.

    The Secretary of Defense shall direct that the respective Boards
for Correction of Military Records of the military departments shall,
upon request by individual members or former members of the Armed
Forces, expedite consideration of applications for remedies for adverse
personnel actions (both voluntary and involuntary) that were a result
of the mandatory anthrax vaccine immunization program, to including
rescission of court-martial convictions, rescission of administrative
discharges and separations, rescission of retirements and transfers,
restoration of flying status, back pay and allowances, expunging of
negative performance appraisal comments or ratings, and granting of
physical disability certificates.

SEC. 7. CONTINGENT RESUMPTION OF VACCINATION PROGRAM.

    (a) Contingent Authority for Resumption.--If the Director of the
National Institutes of Health determines in the report under section
3(b) that the vaccine used in the anthrax vaccination program of the
Department of Defense meets each of the criteria stated in subsection
(b), the Secretary of Defense may resume the Department of Defense
anthrax vaccination program. Any such resumption may not begin until
the end of the 90-day period beginning on the date of the submission of
the report under section 3(b).
    (b) Criteria for Program Resumption.--The criteria referred to in
subsection (a) are the following:
            (1) That the vaccine used in the Department of Defense
        anthrax vaccination program does not have an unacceptably high
        systemic reaction rate.
            (2) That the vaccine is effective with respect to
        noncutaneous transfer of anthrax.
            (3) That the vaccine will be produced in a manner
        acceptable to the Food and Drug Administration.
    (c) Requirement for Use of New Vaccine.--If the anthrax vaccination
program is resumed under subsection (a), the Secretary of Defense may
only use newly produced vaccine for vaccinations after the resumption
of the program.

Output:
Department of Defense Anthrax Vaccination Moratorium Act - Expresses the sense of Congress that: (1) a single protection measure such as the mandatory anthrax vaccine immunization program should not be implemented by the Department of Defense (DOD) without regard to its effect on morale, retention, recruiting, and budget; and (2) an insufficiently proven vaccine should not be advocated as a substitute for research, development, and production of truly effective vaccines and antibiotics, adequate protective equipment, and nonproliferation measures.
Directs the Secretary of Defense to suspend implementation of the DOD anthrax vaccination program.
Requires: (1) an independent study of the effectiveness and safety of the vaccine used; and (2) a report from the Director of the National Institutes of Health to specified congressional committees on study results.
Directs the Comptroller General to conduct a study and comment to Congress on the vaccine program and the effect of the use of contractor-operated facilities for such program.
Requires expedited consideration by the respective Boards for Correction of Military Records for current or former military personnel for remedies for adverse personnel actions that were the result of the vaccine program.
States that if the Director determines that the vaccine used in the DOD program meets specified criteria, the Secretary may resume such program.  Provides that if such program is resumed, the Secretary may use only newly produced vaccine for vaccinations after such resumption.