Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving Crime Victims'
Restitution Act of 2006''.

SEC. 2. EFFECT OF DEATH OF A DEFENDANT IN FEDERAL CRIMINAL PROCEEDINGS.

    (a) In General.--Subchapter A of chapter 227 of title 18, United
States Code, is amended by adding at the end the following:
``Sec. 3560. Effect of death of a defendant in Federal criminal
              proceedings
    ``(a) General Rule.--Notwithstanding any other provision of law,
the death of a defendant who has been convicted of a Federal criminal
offense shall not be the basis for abating or otherwise invalidating a
plea of guilty or nolo contendere accepted, a verdict returned, a
sentence announced, or a judgment entered prior to the death of that
defendant, or for dismissing or otherwise invalidating the indictment,
information, or complaint on which such a plea, verdict, sentence, or
judgment is based, except as provided in this section.
    ``(b) Death After Plea or Verdict.--
            ``(1) Entry of judgment.--If a defendant dies after a plea
        of guilty or nolo contendere has been accepted or a verdict has
        been returned, but before judgment is entered, the court shall
        enter a judgment incorporating the plea of guilty or nolo
        contendere or the verdict, with the notation that the defendant
        died before the judgment was entered.
            ``(2) Punitive sanctions.--
                    ``(A) Death before sentence announced.--If a
                defendant dies after a plea of guilty or nolo
                contendere has been accepted or a verdict has been
                returned and before a sentence has been announced, no
                sentence of probation, supervision, or imprisonment may
                be imposed, no criminal forfeiture may be ordered, and
                no liability for a fine or special assessment may be
                imposed on the defendant or the defendant's estate.
                    ``(B) Death after sentencing or judgment.--The
                death of a defendant after a sentence has been
                announced or a judgment has been entered, and before
                that defendant has exhausted or waived the right to a
                direct appeal--
                            ``(i) shall terminate any term of
                        probation, supervision, or imprisonment, and
                        shall terminate the liability of that defendant
                        to pay any amount remaining due of a criminal
                        forfeiture, of a fine under section 3613(b), or
                        of a special assessment under section 3013; and
                            ``(ii) shall not require return of any
                        portion of any criminal forfeiture, fine, or
                        special assessment already paid.
            ``(3) Restitution.--
                    ``(A) Death before sentence announced.--If a
                defendant dies after a plea of guilty or nolo
                contendere has been accepted or a verdict has been
                returned and before a sentence has been announced, the
                court shall, upon a motion under subsection (c)(2) by
                the Government or any victim of that defendant's crime,
                commence a special restitution proceeding at which the
                court shall adjudicate and enter a final order of
                restitution against the estate of that defendant in an
                amount equal to the amount that would have been imposed
                if that defendant were alive.
                    ``(B) Death after sentencing or judgment.--The
                death of a defendant after a sentence has been
                announced shall not be a basis for abating or otherwise
                invalidating restitution announced at sentencing or
                ordered after sentencing under section 3664(d)(5) of
                this title or any other provision of law.
            ``(4) Civil proceedings.--The death of a defendant after a
        plea of guilty or nolo contendere has been accepted, a verdict
        returned, a sentence announced, or a judgment entered, shall
        not prevent the use of that plea, verdict, sentence, or
        judgment in civil proceedings, to the extent otherwise
        permitted by law.
    ``(c) Appeals, Motions, and Petitions.--
            ``(1) In general.--Except as provided in paragraph (2),
        after the death of a defendant convicted in a criminal case--
                    ``(A) no appeal, motion, or petition by or on
                behalf of that defendant or the personal representative
                or estate of that defendant, the Government, or a
                victim of that defendant's crime seeking to challenge
                or reinstate a plea of guilty or nolo contendere
                accepted, a verdict returned, a sentence announced, or
                a judgment entered prior to the death of that defendant
                shall be filed in that case after the death of that
                defendant; and
                    ``(B) any pending motion, petition, or appeal in
                that case shall be dismissed with the notation that the
                dismissal is due to the death of the defendant.
            ``(2) Exceptions.--
                    ``(A) Restitution.--After the death of a defendant
                convicted in a criminal case, the personal
                representative of that defendant, the Government, or
                any victim of that defendant's crime may file or pursue
                an otherwise permissible direct appeal, petition for
                mandamus or a writ of certiorari, or an otherwise
                permissible motion described in section 3663, 3663A,
                3664, or 3771, to the extent that the appeal, petition,
                or motion raises an otherwise permissible claim to--
                            ``(i) obtain, in a special restitution
                        proceeding, a final order of restitution under
                        subsection (b)(3);
                            ``(ii) enforce, correct, amend, adjust,
                        reinstate, or challenge any order of
                        restitution; or
                            ``(iii) challenge or reinstate a verdict,
                        plea of guilty or nolo contendere, sentence, or
                        judgment on which--
                                    ``(I) a restitution order is based;
                                or
                                    ``(II) restitution is being or will
                                be sought by an appeal, petition, or
                                motion under this paragraph.
                    ``(B) Other civil actions affected.--After the
                death of a defendant convicted in a criminal case, the
                personal representative of that defendant, the
                Government, or any victim of that defendant's crime may
                file or pursue an otherwise permissible direct appeal,
                petition for mandamus or a writ of certiorari, or an
                otherwise permissible motion under the Federal Rules of
                Criminal Procedure, to the extent that the appeal,
                petition, or motion raises an otherwise permissible
                claim to challenge or reinstate a verdict, plea of
                guilty or nolo contendere, sentence, or judgment that
                the appellant, petitioner, or movant shows by a
                preponderance of the evidence is, or will be, material
                in a pending or reasonably anticipated civil
                proceeding, including civil forfeiture proceedings.
                    ``(C) Collateral consequences.--
                            ``(i) In general.--Except as provided in
                        subparagraphs (A) and (B), the Government may
                        not restrict any Federal benefits or impose
                        collateral consequences on the estate or a
                        family member of a deceased defendant based
                        solely on the conviction of a defendant who
                        died before that defendant exhausted or waived
                        the right to direct appeal unless, not later
                        than 90 days after the death of that defendant,
                        the Government gives notice to that estate or
                        family member of the intent of the Government
                        to take such action.
                            ``(ii) Personal representative.--If the
                        Government gives notice under clause (i), the
                        court shall appoint a personal representative
                        for the deceased defendant that is the subject
                        of that notice, if not otherwise appointed,
                        under section (d)(2)(A).
                            ``(iii) Tolling.--If the Government gives
                        notice under clause (i), any filing deadline
                        that might otherwise apply against the
                        defendant, the estate of the defendant, or a
                        family member of the defendant shall be tolled
                        until the date of the appointment of that
                        defendant's personal representative under
                        clause (ii).
            ``(3) Basis.--In any appeal, petition, or motion under
        paragraph (2), the death of the defendant shall not be a basis
        for relief.
    ``(d) Procedures Regarding Continuing Litigation.--
            ``(1) In general.--The standards and procedures for a
        permitted appeal, petition, motion, or other proceeding under
        subsection (c)(2) shall be the standards and procedures
        otherwise provided by law, except that the personal
        representative of the defendant shall be substituted for the
        defendant.
            ``(2) Special procedures.--If continuing litigation is
        initiated or could be initiated under subsection (c)(2), the
        following procedures shall apply:
                    ``(A) Notice and appointment of personal
                representative.--The district court before which the
                criminal case was filed (or the appellate court if the
                matter is pending on direct appeal) shall--
                            ``(i) give notice to any victim of the
                        convicted defendant under section 3771(a)(2),
                        and to the personal representative of that
                        defendant or, if there is none, the next of kin
                        of that defendant; and
                            ``(ii) appoint a personal representative
                        for that defendant, if not otherwise appointed.
                    ``(B) Counsel.--Counsel shall be appointed for the
                personal representative of a defendant convicted in a
                criminal case who dies if counsel would have been
                available to that defendant, or if the personal
                representative of that defendant requests counsel and
                otherwise qualifies for the appointment of counsel,
                under section 3006A.
                    ``(C) Tolling.--The court shall toll any applicable
                deadline for the filing of any motion, petition, or
                appeal during the period beginning on the date of the
                death of a defendant convicted in a criminal case and
                ending on the later of--
                            ``(i) the date of the appointment of that
                        defendant's personal representative; or
                            ``(ii) where applicable, the date of the
                        appointment of counsel for that personal
                        representative.
                    ``(D) Restitution.--If restitution has not been
                fully collected on the date on which a defendant
                convicted in a criminal case dies--
                            ``(i) any amount owed under a restitution
                        order (whether issued before or after the death
                        of that defendant) shall be collectible from
                        any property from which the restitution could
                        have been collected if that defendant had
                        survived, regardless of whether that property
                        is included in the estate of that defendant;
                            ``(ii) any restitution protective order in
                        effect on the date of the death of that
                        defendant shall continue in effect unless
                        modified by the court after hearing or pursuant
                        to a motion by the personal representative of
                        that defendant, the Government, or any victim
                        of that defendant's crime; and
                            ``(iii) upon motion by the Government or
                        any victim of that defendant's crime, the court
                        shall take any action necessary to preserve the
                        availability of property for restitution under
                        this section.
    ``(e) Forfeiture.--
            ``(1) In general.--Except as provided in paragraph (2), the
        death of an individual does not affect the Government's ability
        to seek, or to continue to pursue, civil forfeiture of property
        as authorized by law.
            ``(2) Tolling of limitations for civil forfeiture.--
        Notwithstanding the expiration of any civil forfeiture statute
        of limitations or any time limitation set forth in section
        983(a) of this title, not later than the later of the time
        period otherwise authorized by law and 2 years after the date
        of the death of an individual against whom a criminal
        indictment alleging forfeiture is pending, the Government may
        commence civil forfeiture proceedings against any interest in
        any property alleged to be forfeitable in the indictment of
        that individual.
    ``(f) Definitions.--In this section--
            ``(1) the term `accepted', relating to a plea of guilty or
        nolo contendere, means that a court has determined, under rule
        11(b) of the Federal Rules of Criminal Procedure, that the plea
        is voluntary and supported by a factual basis, regardless of
        whether final acceptance of that plea may have been deferred
        pending review of a presentence report or otherwise;
            ``(2) the term `announced', relating to a sentence, means
        that the sentence has been orally stated in open court;
            ``(3) the term `convicted' refers to a defendant--
                    ``(A) whose plea of guilty or nolo contendere has
                been accepted; or
                    ``(B) against whom a verdict of guilty has been
                returned;
            ``(4) the term `direct appeal' means an appeal filed,
        within the period provided by rule 4(b) of the Federal Rules of
        Appellate Procedure, from the entry of the judgment or order of
        restitution, including review by the Supreme Court of the
        United States; and
            ``(5) the term `returned', relating to a verdict, means
        that the verdict has been orally stated in open court.''.
    (b) Conforming Amendment.--The table of sections for chapter 227 of
title 18, United States Code, is amended by adding at the end the
following:

``3560. Effect of death of a defendant in Federal criminal
                            proceedings.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply to any criminal case or
appeal pending on or after July 1, 2006.

SEC. 4. SEVERABILITY.

    If any provision of this Act, any amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of the
provisions of this Act, the amendments made by this Act, and the
application of such provisions or amendments to any person or
circumstance shall not be affected.

Output:
Preserving Crime Victims' Restitution Act of 2006 - Amends the federal criminal code to establish guidelines for cases in which a defendant in a criminal prosecution dies prior to the final adjudication of guilt. Sets forth rules for restitution to victims, appeals, motions, petitions, and civil forfeiture in such cases.

Provides, as a general rule, that the death of a defendant who has been convicted of a federal criminal offense shall not be the basis for abating or otherwise invalidating a plea of guilty or nolo contendere accepted, a verdict returned, a sentence announced, or a judgment entered prior to the death of such defendant, or for dismissing or otherwise invalidating the indictment, information, or complaint, except as provided by this Act.


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TITLE I--NATIONAL OCEAN EXPLORATION PROGRAM

SEC. 101. SHORT TITLE.

    This title may be cited as the ``National Ocean Exploration Program
Act''.

SEC. 102. AUTHORIZATION.

    The Administrator of the National Oceanic and Atmospheric
Administration shall, in consultation with the National Science
Foundation and other appropriate Federal agencies, conduct a
coordinated national ocean exploration program within the National
Oceanic and Atmospheric Administration that promotes collaboration with
other Federal ocean and undersea research and exploration programs. To
the extent appropriate, the Administrator shall seek to facilitate
coordination of data and information management systems, outreach and
education programs to improve public understanding of ocean and coastal
resources, and development and transfer of technologies to facilitate
ocean and undersea research and exploration.

SEC. 103. AUTHORITIES.

    (a) In General.--In carrying out the program authorized under
section 102, the Administrator of the National Oceanic and Atmospheric
Administration (in this title referred to as the ``Administrator'')
shall--
            (1) conduct interdisciplinary voyages or other scientific
        activities of discovery in conjunction with other Federal
        agencies or academic or educational institutions, to explore
        and survey little known areas of the marine environment,
        inventory, observe, and assess living and nonliving marine
        resources, and report such findings;
            (2) give priority attention to deep ocean regions, with a
        focus on deep water marine systems that hold potential for
        important scientific discoveries, such as hydrothermal vent
        communities and seamounts;
            (3) conduct scientific voyages to locate, define, and
        document historic shipwrecks, submerged sites, and other ocean
        exploration activities that combine archaeology and
        oceanographic sciences;
            (4) develop and implement, in consultation with the
        National Science Foundation, a transparent, competitive process
        for merit-based peer-review and approval of proposals for
        activities to be conducted under this program, taking into
        consideration advice of the Board established under section
        104;
            (5) enhance the technical capability of the United States
        marine science community by promoting the development of
        improved oceanographic research, communication, navigation, and
        data collection systems, as well as underwater platforms and
        sensors and autonomous vehicles; and
            (6) establish an ocean exploration forum to encourage
        partnerships and promote communication among experts and other
        stakeholders in order to enhance the scientific and technical
        expertise and relevance of the national program.
    (b) Donations.--In carrying out the program authorized under
section 102, the Administrator may accept donations of property, data,
and equipment to be applied for the purpose of exploring the oceans or
increasing knowledge of the oceans.

SEC. 104. OCEAN EXPLORATION ADVISORY BOARD.

    (a) Establishment.--The Administrator shall appoint an Ocean
Exploration Advisory Board composed of experts in relevant fields to--
            (1) advise the Administrator on priority areas for survey
        and discovery;
            (2) assist the program in the development of a five-year
        strategic plan for the fields of ocean, marine, and Great Lakes
        science, exploration, and discovery;
            (3) annually review the quality and effectiveness of the
        proposal review process established under section 103(4); and
            (4) provide other assistance and advice as requested by the
        Administrator.
    (b) Federal Advisory Committee Act.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board
appointed under subsection (a).

SEC. 105. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.

    Nothing in this Act supersedes, or limits the authority of the
Secretary of the Interior under the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.).

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration to carry out this title--
            (1) $30,500,000 for fiscal year 2008;
            (2) $33,550,000 for fiscal year 2009;
            (3) $36,905,000 for fiscal year 2010;
            (4) $40,596,000 for fiscal year 2011;
            (5) $44,655,000 for fiscal year 2012;
            (6) $49,121,000 for fiscal year 2013; and
            (7) $54,033,000 for fiscal year 2014.

                  TITLE II--UNDERSEA RESEARCH PROGRAM

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Undersea Research Program
Act of 2007''.

SEC. 202. AUTHORIZATION.

    The Administrator of the National Oceanic and Atmospheric
Administration shall conduct an undersea research, exploration,
education, and technology development program and shall designate a
Director of that program.

SEC. 203. PURPOSE.

    The purpose of the program authorized under section 202 is to
increase scientific knowledge essential for the informed management,
use, and preservation of oceanic, marine, coastal, and Great Lakes
resources. The Director, in carrying out the program authorized in
section 202, shall cooperate with institutions of higher education and
other educational marine and ocean science organizations, and shall
make available undersea research facilities, equipment, technologies,
information, and expertise to support undersea research efforts by
these organizations. The Director may also enter into partnerships,
using existing authorities, with the private sector to achieve the
goals of the program and to promote technological advancement of the
marine industry.

SEC. 204. PROGRAM.

    The program authorized under section 202 shall be conducted through
a national headquarters, a network of extramural regional undersea
research centers that represent all relevant National Oceanic and
Atmospheric Administration regions, and the National Institute for
Undersea Science and Technology. Overall direction of the program will
be developed by the program director with a Council of Center Directors
comprised of the directors of the extramural regional centers and the
National Institute for Undersea Science and Technology. Draft program
direction shall be published not later than 1 year after the date of
enactment of this Act. The draft program direction shall be published
in the Federal Register for a public comment period of not less than
120 days. Final program direction with Agency responses to the comments
received shall be published in the Federal Register within 90 days
after the close of the comment period. The program director shall
update the program direction, with opportunity for public comment, at
least every five years.

SEC. 205. REGIONAL CENTERS AND INSTITUTE.

    (a) Programs.--The following research, exploration, education, and
technology programs shall be conducted through the network of
extramural regional centers and the National Institute for Undersea
Science and Technology:
            (1) Core research and exploration based on national and
        regional undersea research priorities.
            (2) Advanced undersea technology development to support the
        National Oceanic and Atmospheric Administration's research
        mission and programs.
            (3) Development, testing, and transition of advanced
        undersea technology associated with ocean observatories,
        submersibles, advanced diving technologies, remotely operated
        vehicles, autonomous underwater vehicles, and new sampling and
        sensing technologies.
            (4) Undersea science-based education and outreach programs
        to enrich ocean science education and public awareness of the
        oceans and Great Lakes.
            (5) Discovery, study, and development of natural products
        from ocean and aquatic systems.
    (b) Operations.--Operation of the extramural regional centers and
the National Institute for Undersea Science and Technology shall
leverage partnerships and cooperative research with academia and
private industry.

SEC. 206. COMPETITION.

    (a) Discretionary Fund.--The program shall allocate no more than 10
percent of its annual budget to a discretionary fund that may be used
only for program administration and priority undersea research projects
identified by the Director but not covered by funding available from
centers.
    (b) Competitive Selection.--The Administrator shall conduct an
initial competition to select the regional centers that will
participate in the program 90 days after the publication of the final
program direction required in section 204 and every five years
thereafter. Funding for projects conducted through the regional centers
shall be awarded through a competitive, merit-reviewed process on the
basis of their relevance to the goals of the program and their
technical feasibility.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration to carry out this title--
            (1) $17,500,000 for fiscal year 2008;
            (2) $19,500,000 for fiscal year 2009;
            (3) $21,500,000 for fiscal year 2010;
            (4) $23,500,000 for fiscal year 2011;
            (5) $25,500,000 for fiscal year 2012;
            (6) $27,500,000 for fiscal year 2013; and
            (7) $29,500,000 for fiscal year 2014.

            TITLE III--INTERAGENCY PLANNING AND COORDINATION

SEC. 301. OCEAN EXPLORATION AND UNDERSEA RESEARCH TECHNOLOGY AND
              INFRASTRUCTURE TASK FORCE.

    (a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration, in coordination with the National Science
Foundation, the National Aeronautics and Space Administration, the
United States Geological Survey, the Department of the Navy, the
Mineral Management Service, and relevant governmental, non-
governmental, academic, industry, and other experts, shall convene an
ocean exploration and undersea research technology and infrastructure
task force to develop and implement a strategy--
            (1) to facilitate transfer of new exploration and undersea
        research technology to the programs authorized under titles I
        and II of this Act;
            (2) to improve availability of communications
        infrastructure, including satellite capabilities, to such
        programs;
            (3) to develop an integrated, workable, and comprehensive
        data management information processing system that will make
        information on unique and significant features obtained by such
        programs available for research and management purposes;
            (4) to conduct public outreach activities that improve the
        public understanding of ocean science, resources, and
        processes, in conjunction with relevant programs of the
        National Oceanic and Atmospheric Administration, the National
        Science Foundation, and other agencies; and
            (5) to encourage cost-sharing partnerships with
        governmental and nongovernmental entities that will assist in
        transferring exploration and undersea research technology and
        technical expertise to the programs.
    (b) Budget Coordination.--The task force shall coordinate the
development of agency budgets and identify the items in their annual
budget that support the activities identified in the strategy developed
under subsection (a).

            Passed the House of Representatives February 14, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
Title I: National Ocean Exploration Program - National Ocean Exploration Program Act - (Sec. 102) Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to conduct a coordinated national ocean exploration program in NOAA that promotes collaboration with other federal ocean and undersea research and exploration programs.

(Sec. 103) Sets forth program authorities, including authorizing the Administrator to accept donations of property, data, and equipment to be applied for exploring the oceans or increasing knowledge of the oceans.

 (Sec. 104) Requires the NOAA Administrator to appoint an Ocean Exploration Advisory Board.

(Sec. 105) Declares that nothing in this Act supersedes or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act.

(Sec. 106) Authorizes appropriations.

Title II: Undersea Research Program - National Undersea Research Program Act of 2007 - (Sec. 202) Requires the Administrator to conduct an undersea research, exploration, education, and technology development program to increase scientific knowledge regarding management, use, and preservation of oceanic, coastal, and Great Lakes resources. Requires the program's director to cooperate with institutions of higher education and other educational marine and ocean science organizations and to make available undersea research facilities, equipment, technologies, information, and expertise to support those organizations' undersea research. Authorizes the director to enter into partnerships with the private sector to achieve program goals and to promote marine industry technological advancement.

(Sec. 204) Requires that the program be conducted through a national headquarters, a network of extramural regional undersea research centers representing all NOAA regions, and the National Institute for Undersea Science and Technology.

(Sec. 205) Specifies the research, exploration, education, and technology programs to be conducted through the network of extramural regional centers and the National Institute for Undersea Science and Technology.

(Sec. 206) Allows not more than ten percent of the program's budget to be used for administration and for priority undersea research projects not covered by funding available from centers. Requires a competition every five years to select the regional centers that will participate in the program. Requires projects supported by the regional centers to be awarded using an open and competitive process.

(Sec. 207) Authorizes appropriations.

Title III: Interagency Planning and Coordination - (Sec. 301) Requires the NOAA Administrator, and relevant governmental, non-governmental, academic, industry, and other experts, to convene an ocean exploration and undersea research technology and infrastructure task force. Requires that the task force coordinate the development of agency budgets.


Input:
SECTION 1. SHORT TITLE AND REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Stop Sweatshops
Act''.
    (b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Fair Labor Standards Act of 1938.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The production of garments in violation of minimum
        labor standards burdens commerce and the free flow of goods in
        commerce by spreading and perpetuating labor conditions that
        undermine minimum living standards and by providing an unfair
        means of competition to the detriment of employers who comply
        with the law.
            (2) The existence of working conditions detrimental to fair
        competition and the maintenance of minimum standards of living
        necessary for health, efficiency, and general well-being of
        workers are a continuing and growing problem in the domestic
        garment industry.
            (3) The Congress concurs in the findings of the Comptroller
        General that most sweatshop employers violate the recordkeeping
        requirements of the Fair Labor Standards Act of 1938 and that
        the failure of such employers to maintain adequate records has
        and continues to adversely affect the ability of the Department
        of Labor to collect wages due to workers.
            (4) The amendment of the Fair Labor Standards Act of 1938
        to provide for legal responsibility on the part of
        manufacturers for compliance with such Act's wage and hour,
        child labor, and industrial homework provisions by contractors
        in the garment industry and to provide civil penalties for
        violations of that Act's recordkeeping requirements is
        necessary to promote fair competition and working conditions
        that are not detrimental to the maintenance of health,
        efficiency, and general well-being of workers in the garment
        industry.

SEC. 3. LEGAL RESPONSIBILITY FOR COMPLIANCE WITH WAGE AND HOUR
              PROVISIONS IN THE GARMENT INDUSTRY.

    (a) Amendment.--The Fair Labor Standards Act of 1938 is amended by
adding after section 14 the following:

  ``legal responsibility for compliance in the garment industry with
                            sections 6 and 7

    ``Sec. 14A. (a) Every manufacturer engaged in the garment industry
who contracts to have garment manufacturing operations performed by
another person as a contractor--
            ``(1) shall be civilly liable, with respect to those
        garment manufacturing operations, to the same extent as the
        contractor for any violation by the contractor of section 6
        (except for violations of subsection (d)) or 7, for any
        violation by the contractor of the provisions of section 11
        regulating, restricting, or prohibiting industrial homework,
        and for violation by the contractor of section 12; and
            ``(2) shall be subject to the same civil penalties assessed
        against the contractor for violations of such sections.
    ``(b) For purposes of this section:
            ``(1) The term `garment industry' means the designing,
        cutting, sewing, dyeing, washing, finishing, assembling,
        pressing, or otherwise producing men's, women's, children's, or
        infants' apparel, including clothing, knit goods, hats, gloves,
        handbags, hosiery, ties, scarves, and belts, or a section or
        component of apparel, except for pre-manufactured items such as
        buttons, zippers, snaps, and studs, designed or intended to be
        worn by any individual which is to be sold or offered for sale.
            ``(2) The term `manufacturer' means any person who (A)
        contracts, directly or indirectly through an intermediary or
        otherwise, with a contractor to perform the cutting, sewing,
        dyeing, washing, finishing, assembling, pressing, or otherwise
        producing any men's, women's, children's, or infants' apparel,
        including clothing, knit goods, hats, gloves, handbags,
        hosiery, ties, scarves, and belts, or a section or component of
        apparel, except for pre-manufactured items such as buttons,
        zippers, snaps, and studs, designed or intended to be worn by
        any individual which is to be sold or offered for sale,
        including a retailer engaged in such activities, or (B)
        designs, cuts, sews, dyes, washes, finishes, assembles,
        presses, or otherwise produces or is responsible for the
        production of any men's, women's, children's, or infants'
        apparel, including clothing, knit goods, hats, gloves,
        handbags, hosiery, ties, scarves, and belts, or a section or
        component of apparel, except for pre-manufactured items such as
        buttons, zippers, snaps, and studs, designed or intended to be
        worn by any individual which is to be sold or offered for sale.
            ``(3) The term `contractor' means any person who contracts,
        directly or indirectly through an intermediary or otherwise,
        with a manufacturer to perform the cutting, sewing, dyeing,
        washing, finishing, assembling, pressing, or otherwise
        producing any men's, women's, children's, or infants' apparel,
        including clothing, knit goods, hats, gloves, handbags,
        hosiery, ties, scarves, and belts, or a section or component of
        apparel, except for pre-manufactured items such as buttons,
        zippers, snaps, and studs, designed or intended to be worn by
        any individual which is to be sold or offered for sale.
            ``(4) The term `retailer' means any person engaged in the
        sale of apparel to the ultimate consumer for personal use.''.
    (b) Liability to Employees.--Section 16 (29 U.S.C. 216) is
amended--
            (1) in subsection (b), by adding after the first sentence
        the following: ``A manufacturer in the garment industry (as
        defined in section 14A(b)(2)) shall also be jointly and
        severally liable to such an employee to the same extent as the
        contractor in the garment industry (as defined in section
        14A(b)(3)) who employed such employee if the contractor
        violated section 6 (other than subsection (d)) or 7 in the
        production of apparel or components of apparel for such
        manufacturer.'';
            (2) in subsection (b), by inserting in the last sentence
        ``or by a manufacturer in the garment industry'' after ``by an
        employer''; and
            (3) in subsection (c)--
                    (A) by striking ``first sentence'' and inserting
                ``first or second sentences''; and
                    (B) by inserting ``or by a manufacturer in the
                garment industry'' after ``liable''.

SEC. 4. RECORDKEEPING.

    Section 16(e) (29 U.S.C. 216(e)) is amended by adding after the
first sentence the following: ``Any person who fails to establish,
maintain, and preserve payroll records as required under section 11(c)
shall be subject to a civil penalty of not to exceed $1000 for each
employee who was the subject of such a violation. The Secretary may, in
the Secretary's discretion, compute civil penalties under this
subsection for each pay period for willful violations. Any person who
submits fraudulent payroll records to the agencies enforcing this Act
in any of its investigations or hearings or as evidence in a court
action, which records conceal the actual hours of labor worked by
employees or the violation of section 6, 7, 11(d), or 12 shall be
subject to a civil penalty of $10,000 per act of fraud and $15,000 per
act of fraud for a second offense.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall take effect upon the
expiration of 30 days from the date of its enactment.

Output: Stop Sweatshops Act - Amends the Fair Labor Standards Act of 1938 to make garment industry manufacturers civilly liable for sweatshop conditions maintained by their contractors.  Sets forth civil penalties for violation of recordkeeping and payroll accounting requirements.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Seabed Protection Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) More than \2/3\ of Earth's surface is covered by
        oceans.
            (2) The oceans and marine waters contain a greater variety
        of forms of life than exists on land, and scientists are
        continually discovering new forms of life in previously
        unexplored, unique habitats.
            (3) The earth's human population is dependent upon the
        products of the oceans for income, nutrition, medicines, raw
        materials, and valuable natural services such as climate
        regulation, flood control, and storm surge protection.
            (4) The practice and technology of bottom trawling and use
        of other mobile fishing gear on the seabed has increased to the
        point that an area of seabed twice the size of the contiguous
        United States is affected by these practices each year.
            (5) These practices result in a loss of biological
        diversity, which is detrimental not only to the ocean
        environment itself but also to the industries and people that
        depend on that environment.
            (6) Little is known about the recoverability of the seabed
        from the effects of bottom trawling and use of other mobile
        fishing gear on the seabed. However, due to the slow rates of
        growth and reproduction of some marine species, it is believed
        that full recovery in some areas may take decades or centuries.

SEC. 3. MORATORIUM.

    (a) In General.--Notwithstanding any provision of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.), no person may engage in bottom trawling or use of other mobile
fishing gear on the seabed in any marine area described in subsection
(b), until--
            (1) the National Marine Fisheries Service has completed a
        study and determined the effects of those practices in those
        areas;
            (2) the Secretary of Commerce has determined, based on
        findings of such a study and other pertinent scientific
        information, that the impacts of bottom trawling and such other
        mobile fishing gear on biodiversity, marine habitat, and
        productivity of fish stocks is negligible; and
            (3) the Secretary of Commerce has approved and implemented
        fishery management plans for those areas, that--
                    (A) are developed by the appropriate regional
                fishery management councils in accordance with that
                Act;
                    (B) encourage the use of fishing gears that are
                less destructive of habitat than bottom trawling and
                other mobile fishing gear on the seabed; and
                    (C) prohibit use of bottom trawling and other
                mobile fishing gear practices that threaten the
                continued sustainability of ecosystems in those areas.
    (b) Marine Areas Described.--
            (1) In general.--The marine areas referred to in subsection
        (a) are the following:
                    (A) The Heceta Banks, located off the coast of
                Oregon, 125 00' w-124 45' w/ 43 55' n-44 15' n.
                    (B) Cordell Bank, located off the coast of central
                California, 123 20' w-123 38' w/ 37 55' n-30 05' n.
                    (C) The Gulf of the Farallones outside of the line
                that is three miles from the coastline, located off the
                coast of California, 122 35' w-123 15''w/ 37 30' n-38
                05' n.
                    (D) Tanner and Cortez Banks, located off the coast
                of southern California, 119 00' w-119 25' w/ 32 50 n-32
                20' n.
                    (E) Punta Gorda, located off the coast of northern
                California, 124 23' w-124 50' w/ 4-20' n-40 10' n.
                    (F) Cape Blanco, located off the coast of Oregon,
                124 42' w-124 55' w/ 42 40' n-43 00n.
                    (G) Florida Middle Grounds located in the Gulf of
                Mexico off the coast of Florida, 84 40'w-85 15' w/ 28
                10'n-28 55n.
                    (H) Dry Tortugas, located in the Gulf of Mexico off
                the coast of Florida, 82 40'2w-83 10'w/ 24 30'n 24
                50'n.
                    (I) Nantucket Shoals, located off the coast of Cape
                Cod, Massachusetts, 69 00'w-70 20'w/ 40 30'n-41 00'n.
                    (J) Jeffrey's Ledge, Tillies Bank, and Stellwagon
                Bank, located in the Gulf of Maine, 69 50'w-70 30'w/42
                08'n-43 15'n.
                    (K) Cashes Ledge, located in the Gulf of Maine, 68
                40'w-69 15'w/42 30'n-43 15'n.
                    (L) Stonewall Bank of the central Oregon coast, 124
                20'w-124 28'w/44 27'n-44 39'n.
                    (M) Rogue River Reef off the southern Oregon coast,
                124 35'w-124 50'w/42 25'n-42 35'n.
            (2) Further description by secretary.--For purposes of this
        Act, the Secretary of Commerce may more particularly describe
        the areas listed in paragraph (1).
    (c) Report.--The Secretary of Commerce shall report annually to the
Committee on Resources of the House of Representatives and the
Committee on Commerce of the Senate regarding the recovery of areas
described in subsection (b) from the effects of bottom trawling and use
of other mobile fishing gear on the seabed.
    (d) Limitation on Application.--Subsection (a) shall not apply to
an area after the date the Secretary publishes a finding that there are
in effect, under State law or a fishery management plan under the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.), measures that are at least as effective as subsection
(a) in maintaining the sustainability of ecosystems in that area.
    (e) Definitions.--In this section:
            (1) Negligible.--The term ``negligible'' means--
                    (A) insufficient to diminish the productivity of
                fish stocks; and
                    (B) insufficient to significantly reduce other
                marine life.
            (2) Sustainability of ecosystems.--The term
        ``sustainability of ecosystems'' means the capability of
        ecosystems to--
                    (A) maintain productivity of fish stocks at maximum
                sustainable yield specified for those fish stocks in
                fishery management plans in effect under the Magnuson-
                Stevens Fishery Conservation and Management Act (16
                U.S.C. 1801 et seq.); and
                    (B) maintain types and abundances of other marine
                species normally found within similar areas that are
                not subject to bottom trawling and other mobile fishing
                gear practices.

Output: Seabed Protection Act - Prohibits any person from engaging in bottom trawling or use of other mobile fishing gear on the seabed in specified marine areas until: (1) the National Marine Fisheries Service has completed a study and determined the effects of those practices; (2) the Secretary of Commerce has determined that the impacts of bottom trawling and such other mobile fishing gear on biodiversity, marine habitat, and productivity of fish stocks is negligible; and (3) the Secretary has approved and implemented fishery management plans that are developed by the appropriate regional fishery management councils, that encourage the use of fishing gears that are less destructive of habitat than bottom trawling and other mobile fishing gear, and that prohibit use of bottom trawling and other mobile fishing gear practices that threaten the continued sustainability of ecosystems.Directs the Secretary to report annually to specified congressional committees regarding the recovery of such marine areas from the effects of bottom trawling and use of other mobile fishing gear on the seabed.Provides that such prohibition shall not apply to an area after the Secretary publishes a finding that there are in effect, under State law or a fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act measures that are at least as effective as those required under this Act in maintaining the sustainability of ecosystems in that area.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy America Commission Act of
2003''.

SEC. 2. ESTABLISHMENT.

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

SEC. 3. DUTIES OF COMMISSION.

    The Commission shall conduct a study and, under section 6(b),
submit a report on the following:
            (1) The total predicted societal costs of preventable
        diseases in the United States, disagreggated by the incidence
        and societal costs of each such disease.
            (2) The Federal Government's share of paying for the total
        predicted societal costs of preventable diseases in the United
        States during, at a minimum, the next 20 years.
            (3) The impact of preventable disease on society relative
        to the quality and affordability of health care.
            (4) The estimated costs and likely long-term savings
        resulting from a long-term disease prevention program, taking
        into consideration a series of scenarios regarding the
        program's scope and effectiveness.
            (5) Economic and other incentives throughout society for
        encouraging behavioral changes and personal responsibility.
            (6) Cost-benefit ratios for a broad series of disease
        prevention initiatives, including how far-reaching each
        initiative would be.
            (7) Target goals against which the Nation's progress under
        a long-term disease prevention program may be measured based on
        biannual achievement evaluations.
            (8) Procedures for monitoring the Nation's progress under a
        long-term disease prevention program and changes that may need
        to be made as the program proceeds.
            (9) Whether a series of pilot demonstration programs of
        various intensities should be undertaken before initiating a
        full-scale, comprehensive long-term disease prevention program
        for the Nation.
            (10) The efficiency of existing disease prevention programs
        and any corresponding need for expanded efforts.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 11
members, appointed by the President in consultation with the Speaker
and the minority leader of the House of Representatives and the
majority leader and the minority leader of the Senate.
    (b) Terms.--Each member of the Commission shall serve for the life
of the Commission.
    (c) Vacancies.--Any vacancy in the membership of the Commission
shall be filled in the manner in which the original appointment was
made.
    (d) Pay.--Each member of the Commission shall be paid at a rate
equal to the daily equivalent of the minimum annual rate of basic pay
payable for level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel time)
during which the member is engaged in the actual performance of duties
vested in the Commission.
    (e) Travel Expenses.--Each member of the Commission shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of chapter 57
of title 5, United States Code.
    (f) Chairperson.--The President shall designate the Chairperson of
the Commission from among the 11 members of the Commission.
    (g) Experts and Consultants.--The Commission may procure temporary
and intermittent services, which may include the services of the Rand
Corporation, under section 3109(b) of title 5, United States Code.
    (h) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.

SEC. 5. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
    (b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
    (c) 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.
    (d) Staff of Federal Agencies.--Upon the request of the Commission,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that department or agency
to the Commission to assist it in carrying out its duties under this
Act.
    (e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
    (f) Gifts, Bequests, and Devises.--To the extent or in the amounts
provided in advance in appropriations Acts, the Commission may accept,
use, and dispose of gifts, bequests, and 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. 6. REPORTS.

    (a) Interim Report.--Not later than 12 months after the date of the
enactment of this Act, the Commission shall submit to the Congress, the
President, and the Secretary of Health and Human Services an interim
report that contains such information as the Commission considers
appropriate.
    (b) Final Report.--Not later than 2 years after the date of the
enactment of this Act, the Commission shall submit a final report to
the Congress, the President, and the Secretary of Health and Human
Services that contains a detailed statement of the findings and
conclusions of the Commission, together with its recommendations for
such legislation and administrative action as the Commission considers
appropriate.

SEC. 7. TERMINATION.

    The Commission shall terminate 90 days after submitting its final
report under section 6(b).

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act
$7,000,000 for the period of fiscal years 2005 through 2007.

Output: Healthy America Commission Act of 2003 - Establishes the Healthy America Commission to study and report on the societal costs of preventable disease, including: (1) costs to the Federal government and health care system; (2) incentives for behavioral change; and (3) a cost-benefit analysis for a broad series of disease prevention initiatives.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Up Earmarks Act of 2010'' or
the ``CUE Act of 2010''.

SEC. 2. GAO AUDIT OF SENATE EARMARKS.

    (a) In General.--Not later than March 31 of each year, the
Comptroller General shall submit an audit to Congress of 5 percent of
Senate earmarks for the current fiscal year chosen at random.
    (b) Details.--The audit required by subsection (a) shall include--
            (1) an adequate amount of earmarks of small and large
        programs;
            (2) 50 percent of earmarks that have been requested by at
        least one Democratic Senator and 50 percent requested by at
        least one Republican Senator; and
            (3) 50 percent of earmarks requested by members of the
        Senate Committee on Appropriations and 50 percent requested by
        Senators not on the Senate Committee on Appropriations.

SEC. 3. STRENGTHENING POINT OF ORDER AGAINST AIRDROPPED ITEMS IN
              CONFERENCE REPORTS.

    Subparagraphs (c) and (d) of paragraph 8 of rule XLIV of the
Standing rules of the Senate are amended by striking ``three-fifths''
and inserting ``two-thirds''.

SEC. 4. IMPROVING EARMARKS WEB SITE.

    The Secretary of the Senate and the Clerk of the House of
Representatives shall take such steps as are necessary to improve the
Web site earmarks.gov to--
            (1) make earmarks more easily searchable by the requesting
        member of Congress and by any federally registered lobbyist who
        requested such earmark; and
            (2) ensure that the Web site is user friendly and does not
        include extraneous information.

SEC. 5. HEARINGS ON EARMARKS.

    It is the sense of the Senate that--
            (1) the subcommittees of the Committee on Appropriations
        should hold hearings on earmark requests in excess of
        $1,000,000, during which Members who request said earmarks
        should be invited to testify; and
            (2) the subcommittees of the Committee on Appropriations
        shall hold hearings on earmark requests in excess of
        $5,000,000, during which Members who request said earmarks
        shall be invited to testify.

SEC. 6. INCREASED EARMARK TRANSPARENCY AND PROHIBITING EARMARKS TO
              PRIVATE FOR-PROFIT ENTITIES.

    Rule XLIV of the Standing Rules of the Senate is amended by adding
at the end thereof the following:
    ``13.(a) All congressionally directed spending items shall be
included in the text of an appropriations or authorization bill and any
conference report related to that appropriations or authorization bill.
    ``(b) Not later than 48 hours after the request, each request for a
congressionally directed spending item for an appropriations or
authorization bill made by a Senator shall be posted on the Senator's
Web site. The posting of the request for a congressionally directed
spending item shall include the name and location of the specifically
intended recipient, the purpose of the congressionally directed
spending item, the name of any federally registered lobbyist who
materially participated in requesting that the earmark submission be
made by that Senator, and the dollar amount requested. If there is no
specifically intended recipient, the posting shall include the intended
location of the activity, the purpose of the congressionally directed
spending item, and the dollar amount requested.
    ``(c) It shall not be in order to consider an appropriations or
authorization bill, amendment, or conference report if it contains a
congressionally directed spending item for a private for-profit
entity.''.

SEC. 7. DISCLOSURE BY NON-PROFITS OF PRIVATE FOR-PROFIT EARMARK
              BENEFICIARIES.

    Each Senator shall--
            (1) require any eligible entity that requests an earmark
        submission from that Senator to include a written disclosure in
        that earmark request of the identity of any for profit, private
        company that might directly benefit financially from the award
        of the earmark; and
            (2) submit the identity of the beneficiary disclosed under
        paragraph (1) in writing to the Senate Committee on
        Appropriations with any corresponding earmarks request made by
        the Senator and include the beneficiary disclosure in the
        disclosure of earmarks required to be posted on the Web site of
        the Senator by paragraph 13 of rule XLIV of the Standing Rules
        of the Senate.

SEC. 8. AMENDMENT TO THE LOBBYING DISCLOSURE ACT OF 1995 REQUIRING
              REPORTING INFORMATION ON THE EMPLOYER OF A LOBBYIST.

    Section 5(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1604(b)) is amended--
            (1) in paragraph (4), by striking the ``and'' after the
        semicolon;
            (2) in paragraph (5), by striking the period and inserting
        ``; and''; and
            (3) by inserting at the end the following:
            ``(6) for each client, the amount of congressional earmarks
        requested from Congress on behalf of the client and a detailed
        accounting of each such earmark.''.

Output:
Clean Up Earmarks Act of 2010 or CUE Act of 2010 - Requires the Comptroller General to submit an audit to Congress of 5% of Senate earmarks for the current fiscal year chosen at random.

 Requires the audit to include: (1) an adequate number of earmarks of small and large programs; (2) 50% of earmarks that have been requested by at least one Democratic Senator and one Republican Senator, respectively; and (3) 50% of earmarks requested by members and 50% of those requested by non-members, respectively, of the Senate Committee on Appropriations.

 Amends Rule XLIV (Congressional Directed Spending and Related Items) of the Standing Rules of the Senate to require an affirmative vote of two-thirds (currently, three-fifths [60]) of the Members of the Senate to: (1) authorize a Senator to move to waive any or all points of order with respect to a pending conference report that constitutes new directed spending provisions; and (2) sustain an appeal of the ruling of the Chair regarding such point of order.

Requires the Secretary of the Senate and the Clerk of the House of Representatives to take necessary steps to improve the website earmarks.gov to: (1) make earmarks more easily searchable by the requesting Member of Congress and by any federally registered lobbyist who requested them; and (2) ensure that the website is user friendly and does not include extraneous information.

Expresses the sense of the Senate that the subcommittees of the Committee should hold separate hearings on earmark requests in excess of $1 million and of $5 million, respectively, during which Members who requested them should be invited to testify.

Amends Rule XLIV to require all congressionally directed spending items to be included in the text of an appropriations or authorization bill and any related conference report. Requires each request by a Senator for a congressionally directed spending item for such a bill to be posted on the Senator's website within 48 hours, including specified related information. Makes it out of order to consider an appropriations or authorization bill, amendment, or conference report if it contains a congressionally directed spending item for a private for-profit entity.

Requires a Senator to: (1) require any eligible entity that requests an earmark submission from the Senator to include a written disclosure in that earmark request of the identity of any for-profit, private company that might directly benefit financially from the award of the earmark; and (2) submit the disclosed beneficiary identity in writing to the Committee with any corresponding earmarks request made by the Senator, and include the beneficiary disclosure in the disclosure of earmarks required to be posted on the Senator's website.

Amends the Lobbying Disclosure Act of 1995 to require reports by registered lobbyists to include, for each client, the amount of congressional earmarks requested from Congress on the client's behalf and a detailed accounting of each such earmark.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Balanced Economic and Environmental
Priorities Act of 1994''.

SEC. 2. ECONOMIC IMPACT ANALYSES.

    Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is
amended by adding at the end the following:
    ``(j) Economic Impact Analysis.--(1)(A) Notwithstanding any other
provision of this Act, an officer or employee of a Federal agency shall
not implement or enforce a designation, regulation, or recovery plan
described in subparagraph (B) unless--
            ``(i) the Secretary has prepared an economic impact
        analysis under this subsection with respect to the designation,
        regulation, or recovery plan;
            ``(ii) the Secretary determines, based on that analysis,
        that the benefits of that designation, regulation, or recovery
        plan outweigh the costs of that act; and
            ``(iii) the Secretary has published an economic impact
        statement describing the findings of that analysis.
    ``(B) The designation, regulations, and recovery plans referred to
in subparagraph (A) are the following:
            ``(i) A designation of critical habitat under subsection
        (a)(2).
            ``(ii) A protective regulation issued under subsection (d).
            ``(iii) A recovery plan developed under subsection (f).
    ``(2)(A) The Secretary shall perform an economic impact analysis in
accordance with this paragraph with respect to each designation,
regulation, and recovery plan described in paragraph (1)(B).
    ``(B) An economic impact analysis under this paragraph shall
include determination of the following:
            ``(i) The economic consequences of implementing and
        enforcing the designation, regulation, or recovery plan,
        including the aggregate statistical data which indicates--
                    ``(I) identifiable and potential job losses or
                diminishments resulting from that implementation and
                enforcement,
                    ``(II) identifiable losses or diminishments in the
                value of real property resulting from that
                implementation and enforcement, and
                    ``(III) losses or diminishments in the value of
                business enterprises resulting from that implementation
                and enforcement.
            ``(ii) The effect that implementing and enforcing the
        designation, regulation, or recovery plan will have on tax
        revenues received by the Federal Government or by State and
        local governments, including any revenue losses attributable to
        losses or diminishments in value described in clause (i).
            ``(iii) The effect that implementing and enforcing the
        designation, regulation, or recovery plan will have on outlays
        by Federal, State, and local governments, including--
                    ``(I) effects on payments made pursuant to
                subsection (l), and
                    ``(II) effects on expenditures required for
                unemployment compensation, aid to families with
                dependent children under part A of title IV of the
                Social Security Act, medicaid under title XIX of the
                Social Security Act, and other Federal, State, and
                local government programs.
            ``(iv) The effect that implementing and enforcing the
        designation, regulation, or recovery plan will have on the
        competitive position of any individual business enterprise or
        aggregate industry affected by that action, determined jointly
        with the Secretary of Commerce.
            ``(v) The ecological and economic impacts of the extinction
        of any species that implementation and enforcement is intended
        to prevent.
            ``(vi) Any other potential economic, budgetary, or
        ecological effects that the Secretary considers appropriate.
    ``(3) The Secretary shall determine, based on the analysis
performed under paragraph (2), whether the costs of implementing and
enforcing a designation, regulation, or recovery plan described in
paragraph (1)(B) outweigh the benefits of that implementation and
enforcement.''.

SEC. 3. LIMITATION OF ECONOMIC LOSSES CAUSED BY LISTING SPECIES AS
              ENDANGERED SPECIES OR THREATENED SPECIES; COMPENSATION.

    Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533),
as amended by section 2, is amended by adding at the end the following:
    ``(k) Limitation of Losses Caused by Listing Species as Endangered
Species or Threatened Species.--In implementing this Act with respect
to an endangered species or threatened species included in a list
published under subsection (c), the Secretary shall limit economic
losses incurred by persons as a result of that implementation.
    ``(l) Compensation for Losses and Diminishments in Value.--(1) The
Secretary shall pay to any person who incurs an economic loss as a
result of a species being included in a list of endangered species or
threatened species published under this section the amount of that
loss, including--
            ``(A) any diminishment in the value of tangible or
        intangible property, and
            ``(B) any loss resulting from the loss or diminishment of a
        job.
    ``(2) The Secretary shall issue regulations establishing procedures
for obtaining payments under this subsection.
    ``(3) A person may not recover any amount under this subsection for
any de minimis or wholly speculative loss.
    ``(4) Any denial by the Secretary of an application for payment
under this subsection may be appealed in the appropriate Federal
district court of the United States, including any determination by the
Secretary that a person is ineligible for payment by reason of
paragraph (3).
    ``(5) A person (including any State or local governmental entity)
may intervene in any proceeding under this subsection for the purpose
of assisting the Secretary in issuing payments under this
subsection.''.

SEC. 4. CONGRESSIONAL APPROVAL REQUIRED FOR ADDITIONS TO ENDANGERED
              SPECIES LIST.

    (a) Approval Requirement.--Section 4(c) of the Endangered Species
Act of 1973 (16 U.S.C. 1533(c)) is amended by adding at the end the
following:
            ``(3) Congressional approval required.--An addition of a
        species to the list of threatened or endangered species that is
        maintained under this subsection shall not be effective before
        the date of the enactment of an Act of Congress that approves
        that addition.''.
    (b) Application.--The amendment made by subsection (a) shall apply
to additions after the date of the enactment of this Act to the list of
threatened or endangered species.

SEC. 5. IMPLEMENTATION.

    (a) Effective Date.--The amendments made by sections 2 and 3 shall
be effective January 1, 1986.
    (b) Review of Prior Listings.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of the Interior shall--
            (1) review each addition on or after January 1, 1986, of a
        species to a list of endangered species or threatened species
        published under section 4 of the Endangered Species Act of 1973
        (16 U.S.C. 1533);
            (2) prepare with respect to each species so added an
        economic impact analysis and economic impact statement in
        accordance with the amendments made by this Act; and
            (3) publish a list of all designations of critical habitat,
        regulations, and recovery plans in effect on the date of that
        publication, the implementation and enforcement of which is
        prohibited by the amendments made by this Act.
    (c) Compensation for Losses.--A person may not be paid under
section 4(l) of the Endangered Species Act of 1973, as amended by this
Act, for any loss incurred as a result of a species being added to a
list of endangered species or threatened species published under that
Act during the period beginning January 1, 1986, and ending on the date
of the enactment of this Act, except for losses incurred as a result of
the implementation or enforcement of designations of critical habitat,
regulations, and recovery plans that are not included in the list
published under subsection (b)(3) of this Act.

Output:
Balanced Economic and Environmental Priorities Act of 1994 - Amends the Endangered Species Act of 1973 to prohibit a Federal officer or employee from implementing or enforcing a designation of critical habitat, an issued protective regulation, or a developed recovery plan under such Act unless the Secretary (either the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested):  (1) prepares an economic impact analysis with respect to such designation, regulation, or recovery plan; (2) determines that the benefits of it outweigh the costs of it; and (3) publishes an economic impact statement describing the findings of the analysis.  Establishes guidelines for such economic impact analysis.
Directs the Secretary to:  (1) limit economic losses incurred by persons caused by listing species as endangered or threatened; and (2) compensate such persons for any diminishments in the value of tangible or intangible property, and in the loss or diminishment of a job.
Requires congressional approval of any additions to the endangered species list.
Directs the Secretary of the Interior to:  (1) review endangered or threatened species added on or after such date to a published list of endangered or threatened species under the Endangered Species Act of 1973; (2) prepare an economic impact analysis and statement with respect to them; and (3) publish a list of all designations of critical habitat, regulations, and recovery plans in effect on the date of that publication (the implementation and enforcement of which is prohibited by the amendments made by this Act).
Prohibits a person from being paid for any loss incurred by species being added to a list of endangered species or threatened species published under the Endangered Species Act of 1973 during the period beginning January 1, 1986, and ending on the enactment of this Act, except for losses resulting from the implementation or enforcement of designations of critical habitat, regulations, and recovery plans that are not included in the list published under this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing the Cities Act of 2017''.

SEC. 2. SECURING THE CITIES PROGRAM.

    (a) In General.--Title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.) is amended by adding at the end the following new
section:

``SEC. 1908. SECURING THE CITIES PROGRAM.

    ``(a) Establishment.--The Director for Domestic Nuclear Detection
shall establish the `Securing the Cities' (`STC') program to enhance
the ability of the United States to detect and prevent terrorist
attacks and other high consequence events utilizing nuclear or other
radiological materials that pose a high risk to homeland security in
high-risk urban areas. Through the STC program the Director shall--
            ``(1) assist State, local, tribal, and territorial
        governments in designing and implementing, or enhancing
        existing, architectures for coordinated and integrated
        detection and interdiction of nuclear or other radiological
        materials that are out of regulatory control;
            ``(2) support the development of a region-wide operating
        capability to detect and report on nuclear and other
        radioactive materials out of regulatory control;
            ``(3) provide resources to enhance detection, analysis,
        communication, and coordination to better integrate State,
        local, tribal, and territorial assets into Federal operations;
            ``(4) facilitate alarm adjudication and provide subject
        matter expertise and technical assistance on concepts of
        operations, training, exercises, and alarm response protocols;
            ``(5) communicate with, and promote sharing of information
        about the presence or detection of nuclear or other
        radiological materials among appropriate Federal, State, local,
        tribal, and territorial governments, in a manner that ensures
        transparency with the jurisdictions served by such program;
            ``(6) provide augmenting resources, as appropriate,
        enabling State, local, tribal, and territorial governments to
        sustain and refresh their capabilities developed under the STC
        program; and
            ``(7) provide any other assistance the Director determines
        appropriate.
    ``(b) Designation of Jurisdictions.--In carrying out the program
under subsection (a), the Director shall designate jurisdictions from
among high-risk urban areas under section 2003, and other cities and
regions, as appropriate.
    ``(c) Congressional Notification.--The Director shall notify the
Committee on Homeland Security and the Committee on Appropriations of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Appropriations of the Senate
not later than three days before the designation of new jurisdictions
under subsection (b) or other changes to participating
jurisdictions.''.
    (b) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Appropriations of the Senate an assessment, including an evaluation of
the effectiveness, of the Securing the Cities program under section
1908 of the Homeland Security Act of 2002, as added by subsection (a)
of this section.
    (c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 1907 the following new item:

``Sec. 1908. Securing the Cities program.''.

SEC. 3. MODEL EXERCISES.

    Not later than 120 days after the date of the enactment of this
Act, the Director for Domestic Nuclear Detection of the Department of
Homeland Security shall report to the Committee on Homeland Security
and the Committee on Appropriations of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and the
Committee on Appropriations of the Senate on the feasibility of the
Director developing model exercises to test the preparedness of
jurisdictions participating in the Securing the Cities program under
section 1908 of the Homeland Security Act of 2002 (as added by section
2 of this Act) in meeting the challenges that may be posed by a range
of nuclear and radiological threats.

SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall
be carried out using amounts otherwise authorized.

            Passed the House of Representatives January 31, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: .  Securing the Cities Act of 2017 (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Domestic Nuclear Detection Office (DNDO) to establish the Securing the Cities program to enhance the ability of the United States to detect and prevent terrorist attacks and other high consequence events utilizing nuclear or other radiological materials that pose a high risk to homeland security in high-risk urban areas.  Under such program, the DNDO shall:   assist state, local, tribal, and territorial governments in designing and implementing, or enhancing existing, architectures for coordinated and integrated detection and interdiction of nuclear or other radiological materials that are out of regulatory control; support the development of a region-wide operating capability to detect and report on nuclear and other radioactive materials out of regulatory control; provide resources to enhance detection, analysis, communication, and coordination to better integrate state, local, tribal, and territorial assets into federal operations;  facilitate alarm adjudication and provide subject matter expertise and technical assistance on concepts of operations, training, exercises, and alarm response protocols;  communicate with, and promote sharing of information about the presence or detection of nuclear or other radiological materials among, appropriate federal, state, local, tribal, and territorial governments in a manner that ensures transparency;  provide augmenting resources to enable state, local, tribal, and territorial governments to sustain and refresh their capabilities developed under the program; and  designate participating jurisdictions from among high-risk urban areas and other cities and regions, as appropriate, and notify Congress at least three days before designating or changing such jurisdictions.  The Comptroller General is required to submit an assessment evaluating the effectiveness of the program.  (Sec. 3) The DNDO shall report to Congress on the feasibility of developing model exercises to test the preparedness of jurisdictions participating in the program in meeting the challenges that may be posed by a range of nuclear and radiological threats.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Building Security Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) The terrorist attacks of September 11, 2001, resulted
        in unprecedented death and destruction, and 2 of the worst
        building disasters in human history;
            (2) the war on terror is ongoing, and threats to American
        targets, such as large buildings in the United States, are
        substantial;
            (3) there are approximately 500 skyscrapers in the United
        States that are regularly occupied by at least 5000 people, in
        addition to millions of smaller buildings that see high levels
        of traffic;
            (4) most buildings have not been built to the standard
        needed to meet extreme threats, necessitating technological
        improvements in every aspect of construction, including
        structural elements, fireproofing, and facade integrity;
            (5) to advance homeland security, the Federal Government is
        obligated to ensure that building and construction standards
        are as high as practicable, and that building owners have the
        resources needed to meet these standards;
            (6) the Federal Government, in its efforts to protect the
        American people, is responsible for promoting research and
        development by the public and private sectors that will provide
        the technical basis for improved building and fire codes,
        standards, practices, and materials;
            (7) the National Institute of Standards and Technology is
        in a unique position to work with the appropriate standards-
        developing organizations to help the United States respond to
        these new challenges, due to--
                    (A) the building and fire expertise in its
                laboratories and quality program;
                    (B) its long history of working cooperatively with
                the construction and standards industries;
                    (C) its strong influence on national standards; and
                    (D) its involvement in the assessment of the World
                Trade Center collapse;
            (8) efforts to pursue innovation and provide practical
        guidance and tools to building owners, designers, and
        contractors are necessary to ensure that new materials and
        practices are widely accepted and used;
            (9) it is in the national interest for the National
        Institute of Standards and Technology to--
                    (A) accelerate its efforts in helping industry
                develop the higher building and construction standards
                that are necessary to heighten the safety of all
                Americans; and
                    (B) identify the most effective ways to ensure that
                these new standards are implemented in both existing
                and new structures;
            (10) as of January 2003, 2,000,000 private security
        officers throughout the Nation are responsible for ensuring the
        security of building occupants and must be able to effectively
        respond to evacuations, crime, terrorist threats, emergencies,
        and accidents;
            (11) many of these private security officers are not
        adequately prepared to best assist uniformed services, building
        tenants, workers, and the public in the event of a natural
        disaster or terrorism;
            (12) the job turnover rate within the private security
        industry is as high as 300 percent per year;
            (13) a recent study found that more than \1/2\ of the
        States are--
                    (A) failing to set standards for the training and
                screening of private security officers; and
                    (B) not providing adequate oversight of the private
                security industry;
            (14) without proper guidelines and standards, the private
        security industry cannot adequately provide the security
        necessary in the current global environment;
            (15) the Federal Government, in its efforts to protect the
        American people, is responsible for enabling a proper review of
        the private security industry and developing a means of
        ensuring the industry's improvement; and
            (16) it is in the national interest for the Department of
        Homeland Security to create a private security review task
        force, comprised of industry, union, government, and law
        enforcement leaders, to help establish strong guidelines and
        incentives for States, and to provide the needed structure for
        training and workforce stability.

SEC. 3. HOMELAND SECURITY BUILDING AND FIRE RESEARCH AND DEVELOPMENT
              PROGRAM.

    (a) Establishment.--
            (1) In general.--The Director of the National Institute of
        Standards and Technology (referred to in this section as the
        ``Director'') shall establish a research and development
        program to--
                    (A) provide the measurements and analysis for
                improved building and fire codes, standards, and
                practices; and
                    (B) generate findings and recommendations that can
                be used to develop improved building and fire codes,
                and higher construction standards in the United States.
            (2) Consultation.--In carrying out this section, the
        Director shall--
                    (A) consult, as appropriate, with the various units
                of the National Institute of Standards and Technology
                (referred to in this section as the ``Institute''),
                including the Building and Fire Research Laboratory;
                    (B) build upon ongoing efforts of the Institute and
                of the private sector; and
                    (C) involve consortia that include government and
                industry.
    (b) Research Activities.--
            (1) Scientific research.--The Director shall work with
        industry, trade associations, professional societies, and
        others to conduct experimentation, analysis, testing,
        verification, and demonstration of improved tools and practices
        that identify--
                    (A) improved construction methods and materials
                relevant to structural fire safety;
                    (B) mitigation of progressive collapse;
                    (C) building and ventilation vulnerability
                reduction tools;
                    (D) equipment standards for first responders; and
                    (E) other ways to reduce the impact of extreme
                threats to the safety of buildings, their occupants,
                and emergency responders.
            (2) Policy research.--The Director shall work with
        industry, trade associations, professional societies, and
        others to complete a study of the best methods to ensure full
        implementation and encourage full compliance with the standards
        developed in paragraph (1), including--
                    (A) tax incentives;
                    (B) grants to States that adopt those standards;
                and
                    (C) other appropriate means.
    (c) Dissemination and Technical Assistance Program.--The Director
shall oversee a dissemination and technical assistance program
(referred to in this section as the ``DTAP'') to assist with the
immediate dissemination and implementation of the practices, standards,
and codes developed by the Institute under subsection (b)(1).
    (d) Publication of Studies.--The Director shall ensure that the
results and recommendations of the Institute under subsection (b) are
promptly published for use by the public and private sectors.
    (e) Reports.--
            (1) Initial report.--Not later than 60 days after the date
        of enactment of this Act, the Director shall submit, to the
        Committee on Commerce, Science, and Transportation of the
        Senate and the Committee on Science of the House of
        Representatives, a report detailing the Institute's proposed
        schedule of studies and results, with anticipated dates of
        implementation.
            (2) Annual progress reports.--Not later than 1 year after
        the date of enactment of this Act, and annually thereafter, the
        Director shall submit a progress report to the committees
        described under paragraph (1), which summarizes the Institute's
        activities and determinations under subsection (b).
    (f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, the following sums:
            (1) $13,000,000 for fiscal year 2004.
            (2) $9,000,000 for fiscal year 2005.
            (3) $9,000,000 for fiscal year 2006.
            (4) $9,000,000 for fiscal year 2007.

SEC. 4. PRIVATE SECURITY INDUSTRY TASK FORCE.

    (a) Establishment.--The Secretary of the Department of Homeland
Security (referred to in this section as the ``Secretary'') shall
establish a Private Security Industry Task Force (referred to in this
section as the ``Task Force'') to--
            (1) examine the limitations in training, screening,
        standard-setting, retention, and oversight practice in the
        private security industry;
            (2) develop structural guidelines and standards of quality
        for the private security industry; and
            (3) determine the best way to help States to implement such
        standards and guidelines in a timely and efficient manner.
    (b) Membership.--The Task Force shall be composed of 25 members,
including members representing--
            (1) private security employers;
            (2) private security employees;
            (3) the private insurance industry;
            (4) the risk consulting industry;
            (5) institutional investors;
            (6) public safety and emergency management professionals;
            (7) building owners and managers;
            (8) commercial building tenants;
            (9) trainers of private security officers;
            (10) police officers;
            (11) firefighters;
            (12) the Office of Employment and Training Administration
        of the Department of Labor;
            (13) the Office of Justice Programs of the Department of
        Justice;
            (14) the Department of Homeland Security; and
            (15) State agencies involved in homeland security from
        different regions of the United States.
    (c) Chair.--
            (1) Appointment.--The Secretary shall appoint a Chair for
        the Task Force from within the Department of Homeland Security.
            (2) Responsibilities.--The Chair shall oversee all meetings
        of, and communications from, the Task Force.
    (d) Authorized Activities.--In carrying out the provisions of this
Act, the Chair and other members of the Task Force may conduct research
and coordinate and consult with industry, trade associations,
professional societies, and institutions of higher learning, and other
appropriate organizations to--
            (1) examine the limitations in training, screening,
        standard-setting, retention, and oversight practice in the
        private security industry;
            (2) develop structural guidelines and standards of quality
        for the private security industry; and
            (3) determine the best way to help States to implement such
        standards and guidelines in a timely and efficient manner.
    (e) Semi-Annual Reports.--Not later than 180 days after the date of
enactment of this Act, and every 180 days thereafter, the Chair shall
submit a report on the Task Force's activities and determinations under
subsection (c)(2) to--
            (1) the Committee on Health, Education, Labor, and Pensions
        of the Senate;
            (2) the Committee on the Judiciary of the Senate;
            (3) the Committee on Education and the Workforce of the
        House of Representatives; and
            (4) the Committee on the Judiciary of the House of
        Representatives.
    (f) Authorization of Appropriations.--There are authorized to be
appropriated $500,000 for each of the fiscal years 2004 and 2005 to
carry out this section.

Output: Building Security Act of 2003 - Requires the Director of the National Institute of Standards and Technology to establish a research and development program to provide for improved building and fire codes, standards, and practices. Requires the Director to: (1) work with industry, trade associations, and professional societies to research construction, material, and equipment standards and practices to reduce the impact of extreme threats to the safety of buildings, their occupants, and emergency responders and to study the best methods (such as tax incentives or grants) for ensuring full implementation of and compliance with such standards and practices; and (2) oversee a program for dissemination and implementation of such practices and standards.Directs the Secretary of Homeland Security to establish a Private Security Industry Task Force to: (1) examine the limitations in training, screening, standard-setting, retention, and oversight practice in the private security industry; and (2) develop structural guidelines and standards of quality for the industry and determine the best way to help States implement them.