SECTION 1. SHORT TITLE. This Act may be cited as the ``Frank Buckles World War I Memorial Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2017, the United States will commemorate the centennial of its entry into World War I, which introduced the American soldier to the world in what would become a familiar role as defender, liberator, and promoter of peace and democracy. (2) The support provided by the United States to Great Britain, France, and other allies in World War I marked the first time in the history of the United States that American soldiers went overseas to defend foreign soil against aggression, and it marked the true beginning of ``the American century''. (3) Although World War I was called the ``Great War'' and the ``War to End All Wars'', in fact, the United States would commit its troops to the defense of foreign lands several more times in the 20th century. (4) While three of these subsequent conflicts, World War II, the Korean War, and the Vietnam War, rightfully have commemorative memorials on the National Mall in the District of Columbia, there is no memorial to World War I on the Mall, even though more Americans gave their lives in World War I than in either the Korean War or the Vietnam War. (5) While a memorial to General John Pershing and the American Expeditionary Forces that he led during World War I is located in the District of Columbia, that memorial is not located on the Mall and does not commemorate the total participation of the United States and its Armed Forces in World War I. (6) The District of Columbia War Memorial is located on the Mall, adjacent to the Lincoln Reflecting Pool between the World War II and Korean War memorials, and was erected in memory of the 499 residents of the District of Columbia who died in World War I. (7) The District of Columbia War Memorial is in extreme disrepair and is often overlooked by residents and visitors to Washington. (8) In recognition of the upcoming anniversaries of America's entry into World War I, and of the armistice that concluded World War I on November 11, 1918, and in order to honor the members of the United States Armed Forces who served in World War I and to ensure that future generations of Americans will know the complete history of America's 20th- century struggle against aggression and totalitarianism, it is timely and proper to rededicate the site of the District of Columbia War Memorial on the National Mall as a ``National and District of Columbia World War I Memorial''. (9) Because this Act authorizes the rededication and related enhancement of a commemorative work that already exists, and that is already sited within the Reserve as defined in Commemorative Works Act, the provisions of the Commemorative Works Act regarding site approval and location of commemorative works do not apply to this Act. SEC. 3. AUTHORITY TO ESTABLISH COMMEMORATIVE WORK. The World War I Memorial Foundation is authorized to establish a commemorative work rededicating the District of Columbia War Memorial as a National and District of Columbia World War I Memorial, including-- (1) full restoration of the existing District of Columbia War Memorial; and (2) the addition of an appropriate sculptural or other commemorative element, which shall complement and preserve the existing memorial and its landscape, at the site of the existing memorial to make it a national memorial. SEC. 4. COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE WORKS; LOCATION OF MEMORIAL. (a) In General.--Except as provided by subsection (b), the rededication of the District of Columbia War Memorial shall be in accordance with chapter 89 of title 40, United States Code (popularly known as the Commemorative Works Act). (b) Exception.--Sections 8908 and 8905 of title 40, United States Code shall not apply to this Act. SEC. 5. PRIVATE CONTRIBUTIONS. The Foundation shall solicit and accept private contributions for the memorial. SEC. 6. DEPOSIT OF EXCESS FUNDS. If, upon payment of all expenses of the rededication (including the maintenance and preservation amount provided for in chapter 89 of title 40, United States Code, or upon expiration of the authority for the commemorative work under such chapter), there remains a balance of funds received for the establishment of the commemorative work, the World War I Memorial Foundation shall transmit the amount of the balance to the Secretary of the Treasury for deposit in the account provided for in section 8906(b) of title 40, United States Code.

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


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

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufacturing Modernization and Diversification Act of 2010''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Bank.--The term ``bank'' means-- (A) an insured depository institution, as such term is defined under section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2)); and (B) an insured credit union, as such term is defined under section 101(7) of the Federal Credit Union Act (12 U.S.C. 1752(7)). (2) Collateral support program.--The term ``Collateral Support Program'' means a program described under section 4. (3) Loan participation program.--The term ``Loan Participation Program'' means a program described under section 5. (4) Qualified manufacturer.--The term ``qualified manufacturer'' means a business that is engaged in manufacturing and-- (A) has less than $50,000,000 in annual revenue; and (B) has less than $50,000,000 in assets. (5) Revolving loan fund.--The term ``revolving loan fund'' means the revolving loan fund established under section 3(d). (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (7) SPV.--The term ``SPV'' means a special purpose vehicle created by a State. (8) Termination date.--The term ``termination date'' means the date that is the end of the 2-year period beginning on the date the Secretary issues regulations pursuant to section 3(b)(4). SEC. 3. FEDERAL LOAN PROGRAM TO SPVS. (a) In General.--The Secretary shall certify SPVs to take part in a program to carry out Collateral Support Programs and Loan Participation Programs for the benefit of qualified manufacturers (hereinafter in this section described as the ``loan program''). (b) Application Process.-- (1) In general.--Each SPV wishing to participate in the loan program shall submit an application to the Secretary, in such form and manner as the Secretary may require, containing-- (A) a detailed proposal for the structure of the Collateral Support Program the SPV proposes to carry out, including what criteria the SPV intends to use to determine which qualified manufacturers will be eligible to participate; (B) a detailed proposal for the structure of the Loan Participation Program the SPV proposes to carry out, including what criteria the SPV intends to use to determine which qualified manufacturers will be eligible to participate; and (C) such other information as the Secretary may require. (2) Additional requirements.-- (A) Interest rate.--Loans made to SPVs by the Secretary under the loan program shall be made with an interest rate of 0.5 percent. (B) Treatment of payments from qualified manufacturers.--The amount of all fees and interest payments paid by qualified manufacturers to an SPV under Collateral Support Programs and Loan Participation Programs that is more than the amount required by the SPV to repay the principal and interest amounts on loans made to the SPV under the loan program shall be retained by the SPV. (C) No disqualification by reason of participation.--Participation in a Collateral Support Program or a Loan Participation Program by a qualified manufacturer shall not disqualify such manufacturer from receiving assistance related to such loan under other Federal programs as well, including programs carried out by the Small Business Administration and the Department of Agriculture. (D) Limitations on spvs.--Only 1 SPV per State may be certified to participate in the loan program. (E) Oversight.--The Secretary shall issue regulations to require each SPV participating in the loan program to make periodic reports to the Secretary at any time such SPV has a loan outstanding under the loan program. Such reports shall contain such information as the Secretary determines appropriate to maintain oversight of the funds used in the loan program. (3) Determination factors.--In making the determination of which SPVs should be certified to take part in the loan program, the Secretary shall consider-- (A) all information submitted in the application of an SPV under paragraph (1); (B) the number of jobs that will likely be created by programs proposed by the SPV; (C) the amount of economic distress experienced by the State in which the SPV is located, including the unemployment rate of such State; and (D) the likelihood that the SPV will be able to successfully administer the programs proposed by the SPV. (4) Rulemaking.--The Secretary shall issue all regulations necessary for the submission of applications described under paragraph (1) no later than 90 days after the date of the enactment of this Act. (c) Loan-Making Process.-- (1) In general.--Each time a certified SPV wishes to make a loan under a Collateral Support Program or a Loan Participation Program, the certified SPV shall make a request to the Secretary, who shall loan the requested amount to the SPV from the revolving loan fund, as long as sufficient amounts remain in the fund. (2) Time period.--An SPV may not make any new loans under a Collateral Support Program or a Loan Participation Program after the termination date. (d) Revolving Loan Fund.-- (1) In general.--There is established in the Treasury a revolving loan fund for the loan program. (2) Initial transfer.-- (A) Funding from the tarp.--Of funds made available to the Secretary under title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) that remain unobligated, the Secretary shall transfer and credit $20,000,000,000 to the revolving loan fund. (B) Authorization.--The amounts transferred under subparagraph (A) shall be deemed to be for actions authorized under title I of the Emergency Economic Stabilization Act of 2008. (3) Expenditures.--The Secretary shall use the amounts in the revolving loan fund to carry out the loan program. (4) Deposits.--The Secretary shall deposit amounts received as payment and interest on loans provided under the loan program into the revolving loan fund. (e) Termination of Loan Program.--On and after the termination date-- (1) no additional loans may be made by the Secretary under the loan program; (2) all amounts in the revolving loan fund shall be paid into the general fund of the Treasury; and (3) all amounts that would otherwise have been paid into the revolving loan fund shall be paid into the general fund of the Treasury. SEC. 4. COLLATERAL SUPPORT PROGRAM. (a) In General.--With respect to an SPV, a program is described under this section if, under such program-- (1) a qualified manufacturer that wishes to receive a loan from a bank, but would not otherwise have sufficient collateral to qualify for such a loan, may ask the bank to seek collateral support for such loan from the SPV; (2) the bank submits an application to the SPV to participate in the collateral support program, in such form and manner and containing such information as the SPV may require; (3) the SPV, if approving such application, deposits cash with the bank in an interest bearing account under the SPV's name, and allows such cash to act as collateral support for the qualified manufacturer's loan; (4) the interest paid on such cash deposit is paid to the SPV; and (5) as the qualified manufacturer repays the loan over time, the SPV draws down the amount deposited with the bank. (b) Additional Requirements.--A program described under subsection (a) shall additionally have the following requirements: (1) Deposit limits.--The cash deposit made by the SPV may not represent more than 49.9 percent of the total loan amount and may not be in an amount more than 49.9 percent of the non- equity capital of the qualified manufacturer at the time the loan is made. (2) Loan amount.--The SPV may not provide more than $20,000,000 to any one qualified manufacturer under the collateral support program. (3) Fees.--The SPV shall require a fee or fees to be paid by the qualified manufacturer to the SPV, at loan closing or annually, which shall consist of no more than 3 percent of the value of the cash deposit per fee. The SPV may determine whether such fee should be paid in cash or in options to purchase equity in the qualified manufacturer, but in no case may such options allow for the purchase of equity in the qualified manufacturer that would result in the SPV holding more than 15 percent of the voting rights of the equity of such qualified manufacturer. (4) Exit fee.--In the event that the qualified manufacturer defaults on the loan made under the collateral support program, the bank shall repay to the SPV an amount equal to 5 percent of the initial deposit made by the SPV. (5) Oversight.--The SPV shall require-- (A) the bank to make periodic reports to the SPV during the life of the loan; and (B) such other reports from the bank and the qualified manufacturer as the SPV determines appropriate to maintain oversight. SEC. 5. LOAN PARTICIPATION PROGRAM. (a) In General.--With respect to an SPV, a program is described under this section if, under such program-- (1) a qualified manufacturer that wishes to receive a loan from a bank, but would not otherwise qualify for such a loan, may ask the bank to seek loan participation for such loan from the SPV; (2) the bank submits an application to the SPV to participate in the loan participation program, in such form and manner and containing such information as the SPV may require; (3) the SPV, if approving such application, will agree to purchase between 1 to 49.9 percent of such loan, upon the bank making such loan; (4) the bank shall continue to service the entire loan; and (5) the SPV may, in coordination with the bank, permit the qualified manufacturer to forbear payments of interest or defer payments of principal on the amount of such loan purchased by the SPV for a period of no longer than 3 years from the date such loan is made. (b) Additional Requirements.--A program described under subsection (a) shall additionally have the following requirements: (1) Loan amount.--The SPV may not pay more than $20,000,000 for any portion of loans made to any one qualified manufacturer under the loan participation program. (2) Fee.-- (A) One-time fee.--The SPV shall require a one-time fee from the qualified manufacturer in exchange for the SPV participating in the loan participation program. (B) Annual fee.--The bank shall require the qualified manufacturer to pay an annual fee to the bank of a minimum of 0.5 percent, and a maximum of 2 percent, of the amount of the portion of the loan purchased by the SPV under the loan participation program. (3) Oversight.--The SPV shall require-- (A) the bank to make periodic reports to the SPV during the life of the loan; and (B) such other reports from the bank and the qualified manufacturer as the SPV determines appropriate to maintain oversight. SEC. 6. REPORT. Not later than the end of the 6-month period beginning on the date of the enactment of this Act, and quarterly thereafter while any loan remains outstanding under the loan program carried out under section 3, the Secretary shall issue a report to the Congress containing-- (1) a list of the active participants in Collateral Support Programs and Loan Participation Programs; and (2) an estimate of the impact the loan program has had on-- (A) the overall economy; and (B) the creation of new jobs or the preservation of existing jobs.

Summary: Manufacturing Modernization and Diversification Act of 2010 - Directs the Secretary of the Treasury to certify special purpose vehicles (SPVs) created by a state to take part in a program to carry out collateral support and loan participation programs for the benefit of qualified manufacturers (manufacturers with less than $50 million in annual revenue and less than $50 million in assets). Outlines SPV application requirements. Allows, under the collateral support program, a qualified manufacturer that wishes to receive a bank loan but has insufficient collateral to ask the bank to seek collateral loan support from the SPV. Prohibits an SPV from providing more than $20 million in collateral support to any one manufacturer. Requires manufacturers to be charged a fee for such support. Allows, under the loan participation program, a qualified manufacturer that wishes to receive a bank loan but would not otherwise qualify for the loan to ask the bank to seek participation for such loan from the SPV. Prohibits an SPV from providing more than $20 million in participation support to any one manufacturer. Requires manufacturers to be charged a fee for such support. Requires: (1) periodic reports from such banks to participating SPVs; and (2) quarterly reports from the Secretary to Congress on participants in and impacts of the support and participation programs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Antitrust Modernization Commission Act of 2001''. SEC. 2. ESTABLISHMENT. There is established the Antitrust Modernization Commission (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF THE COMMISSION. The duties of the Commission are-- (1) to investigate and to study issues and problems relating to the modernization of the antitrust laws, (2) to solicit divergent views of all parties concerned with the operation of the antitrust laws, (3) to evaluate the advisability of proposals and current arrangements with respect to such issues and such problems, and (4) to prepare and to submit to the Congress and the President a report in accordance with section 8. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 12 members appointed as follows: (1) Four members, no more than 2 of whom shall be of the same political party, shall be appointed by the President. One of such members shall be designated by the President as chairperson of the Commission. (2) Two members shall be appointed by the majority leader of the Senate. (3) Two members shall be appointed by the minority leader of the Senate. (4) Two members shall be appointed by the Speaker of the House of Representatives. (5) Two members shall be appointed by the minority leader of the House of Representatives. (b) Ineligibility for Appointment.--Members of Congress shall be ineligible for appointment to the Commission. (c) Term of Appointment.-- (1) In general.--Subject to paragraph (2), members of the Commission shall be appointed for the life of the Commission. (2) Early termination of appointment.--If a member of the Commission who is appointed to the Commission as-- (A) an officer or employee of a government ceases to be an officer or employee of such government; or (B) an individual who is not an officer or employee of a government becomes an officer or employee of a government; then such member shall cease to be a member of the Commission on the expiration of the 90-day period beginning on the date such member ceases to be such officer or employee of such government, or becomes an officer or employee of a government, as the case may be. (d) Quorum.--Seven members of the Commission shall constitute a quorum, but a lesser number may conduct meetings. (e) Appointment Deadline.--Initial appointments under subsection (a) shall be made not later than 60 days after the date of enactment of this Act. (f) Meetings.--The Commission shall meet at the call of the chairperson. The first meeting of the Commission shall be held not later than 30 days after the date on which all members of the Commission are first appointed under subsection (a) or funds are appropriated to carry out this Act, whichever occurs later. (g) Vacancy.--A vacancy on the Commission shall be filled in the same manner as the initial appointment is made. (h) Consultation Before Appointment.--Before appointing members of the Commission, the President, the majority and minority leaders of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall consult with each other to ensure fair and equitable representation of various points of view in the Commission. SEC. 5. COMPENSATION OF THE COMMISSION. (a) Pay.-- (1) Nongovernment employees.--Each member of the Commission who is not otherwise employed by a government shall be entitled to receive the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5 United States Code, as in effect from time to time, for each day (including travel time) during which such member is engaged in the actual performance of duties of the Commission. (2) Government employees.--A member of the Commission who is an officer or employee of a government shall serve without additional pay (or benefits in the nature of compensation) for service as a member of the Commission. (b) Travel Expenses.--Members of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. SEC. 6. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Staff.-- (1) Appointment.--The chairperson of the Commission may, without regard to the provisions of chapter 51 of title 5 of the United States Code (relating to appointments in the competitive service), appoint and terminate an executive director and such other staff as are necessary to enable the Commission to perform its duties. The appointment of an executive director shall be subject to approval by the Commission. (2) Compensation.--The chairperson of the Commission may fix the compensation of the executive director and other staff without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 of the United States Code (relating to classification of positions and General Schedule pay rates), except that the rate of pay for the executive director and other staff may not exceed the rate of basic pay payable for level V of the Executive Schedule under section 5315 of title 5 United States Code, as in effect from time to time. (b) Experts and Consultants.--The Commission may procure temporary and intermittent services of experts and consultants in accordance with section 3109(b) of title 5, United States Code. SEC. 7. POWERS OF THE COMMISSION. (a) Hearings and Meetings.--The Commission, or a member of the Commission if authorized by the Commission, may hold such hearings, sit and act at such time and places, take such testimony, and receive such evidence, as the Commission considers to be appropriate. The Commission or a member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission or such member. (b) Official Data.--The Commission may obtain directly from any executive agency (as defined in section 105 of title 5 of the United States Code) or court information necessary to enable it to carry out its duties under this Act. On the request of the chairperson of the Commission, and consistent with any other law, the head of an executive agency or of a Federal court shall provide such information to the Commission. (c) Facilities and Support Services.--The Administrator of General Services shall provide to the Commission on a reimbursable basis such facilities and support services as the Commission may request. On request of the Commission, the head of an executive agency may make any of the facilities or services of such agency available to the Commission, on a reimbursable or nonreimbursable basis, to assist the Commission in carrying out its duties under this Act. (d) Expenditures and Contracts.--The Commission or, on authorization of the Commission, a member of the Commission may make expenditures and enter into contracts for the procurement of such supplies, services, and property as the Commission or such member considers to be appropriate for the purpose of carrying out the duties of the Commission. Such expenditures and contracts may be made only to such extent or in such amounts as are provided in advance in appropriation Acts. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. SEC. 8. REPORT. Not later than 3 years after the first meeting of the Commission, the Commission shall submit to the Congress and the President a report containing a detailed statement of the findings and conclusions of the Commission, together with recommendations for legislative or administrative action the Commission considers to be appropriate. SEC. 9. TERMINATION OF COMMISSION. The Commission shall cease to exist 30 days after the date on which the report required by section 8 is submitted. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $4,000,000 to carry out this Act.

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


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

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Anthrax Vaccination Moratorium Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) a single force protection measure such as the mandatory anthrax vaccine immunization program should not be implemented by the Department of Defense without regard for that measure's own effects on morale, retention, recruiting, and budget; and (2) an insufficiently proven vaccine should not be advocated as a substitute for research, development, and production of truly effective vaccines and essential antibiotics, adequate personal protective equipment, detection devices, and nonproliferation measures. SEC. 3. MORATORIUM OF VACCINATION PROGRAM. The Secretary of Defense shall suspend implementation of the anthrax vaccination program of the Department of Defense. After the date of the enactment of this Act, no further vaccination may be administered under the program to any member of the Armed Forces except in accordance with this Act. SEC. 4. STUDY BY NATIONAL INSTITUTES OF HEALTH. (a) Study.-- (1) In general.--The Director of the National Institutes of Health shall require the appropriate national research institute to conduct or oversee an independent study of the effectiveness and safety of the vaccine used in the Department of Defense anthrax vaccination program. (2) Matters to be studied.--The Director shall include in the study under paragraph (1) determination of the following with respect to that vaccine: (A) Types and severity of adverse reactions. (B) Long-term health implications, including interactions with other (existing and planned) vaccines and medications. (C) Efficacy of the anthrax vaccine for protecting humans against all the strains of anthrax pathogens members of the Armed Forces are likely to encounter. (D) Correlation of animal models to safety and effectiveness in humans. (E) Validation of the manufacturing process focusing on, but not limited to, discrepancies identified by the Food and Drug Administration in February 1998 (especially with respect to the filter used in the harvest of anthrax vaccine, storage times, and exposure to room temperature). (F) Definition of vaccine components in terms of the protective antigen and other bacterial products and constituents. (G) Such other matters as are in the judgment of the Director required in order for the Director to make the determinations required by subsection (b). (3) Limitation.--The Director may not use for purposes of the study any data arising from the experience of inoculating members of the Armed Forces with the vaccine studied because of the lack of informed consent and inadequate recordkeeping associated with such inoculations. (b) Report.--Upon completion of the study, the Director of the National Institutes of Health shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate and to the Secretary of Defense a report setting forth the results of the study. The report shall include the Director's determination, based upon the results of the study, as to each of the following: (1) Whether or not the vaccine used in the Department of Defense anthrax vaccination program has an unacceptably high systemic reaction rate. (2) Whether or not the vaccine is effective with respect to noncutaneous transfer of anthrax. (3) Whether or not the vaccine will be produced in a manner acceptable to the Food and Drug Administration. SEC. 5. GENERAL ACCOUNTING OFFICE STUDY. (a) In General.--The Comptroller General shall conduct a study of the inoculation program referred to in section 3 and of the effect of the use of contractor-operated facilities for that program. As part of the study, the Comptroller General shall study the following with respect to the inoculation program: (1) Effects on military morale, retention, and recruiting. (2) Civilian costs and burdens associated with lack of military medical care and loss of civilian sick leave and work capacity for members of the reserve components who experience adverse reactions while not in military status. (3) A system of accurately recording medical conditions of members of the Armed Forces and other patients before and after inoculation, including off-duty reactions and treatment of reserve component members and including screening for allergens and contraindications, to include prior adverse reactions. (b) Public Comment.--The Comptroller General shall publish the study under subsection (a) for public comment. (b) GAO Review.--The Comptroller General shall review the Secretary's written report and provide comments to Congress within 75 days after the Secretary files the report. SEC. 6. BOARDS FOR CORRECTION OF MILITARY RECORDS. The Secretary of Defense shall direct that the respective Boards for Correction of Military Records of the military departments shall, upon request by individual members or former members of the Armed Forces, expedite consideration of applications for remedies for adverse personnel actions (both voluntary and involuntary) that were a result of the mandatory anthrax vaccine immunization program, to including rescission of court-martial convictions, rescission of administrative discharges and separations, rescission of retirements and transfers, restoration of flying status, back pay and allowances, expunging of negative performance appraisal comments or ratings, and granting of physical disability certificates. SEC. 7. CONTINGENT RESUMPTION OF VACCINATION PROGRAM. (a) Contingent Authority for Resumption.--If the Director of the National Institutes of Health determines in the report under section 3(b) that the vaccine used in the anthrax vaccination program of the Department of Defense meets each of the criteria stated in subsection (b), the Secretary of Defense may resume the Department of Defense anthrax vaccination program. Any such resumption may not begin until the end of the 90-day period beginning on the date of the submission of the report under section 3(b). (b) Criteria for Program Resumption.--The criteria referred to in subsection (a) are the following: (1) That the vaccine used in the Department of Defense anthrax vaccination program does not have an unacceptably high systemic reaction rate. (2) That the vaccine is effective with respect to noncutaneous transfer of anthrax. (3) That the vaccine will be produced in a manner acceptable to the Food and Drug Administration. (c) Requirement for Use of New Vaccine.--If the anthrax vaccination program is resumed under subsection (a), the Secretary of Defense may only use newly produced vaccine for vaccinations after the resumption of the program.

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Counsel Reauthorization Act of 1993''. SEC. 2. FIVE-YEAR REAUTHORIZATION. Section 599 of title 28, United States Code, is amended by striking ``1987'' and inserting ``1993''. SEC. 3. ADDED CONTROLS. (a) Cost Controls and Administrative Support.--Section 594 of title 28, United States Code, is amended by adding at the end the following new subsection: ``(l) Cost Controls and Administrative Support.-- ``(1) Cost controls.-- ``(A) In general.--An independent counsel shall-- ``(i) conduct all activities with due regard for expense; ``(ii) authorize only reasonable and lawful expenditures; and ``(iii) promptly, upon taking office, assign to a specific employee the duty of certifying that expenditures of the independent counsel are reasonable and made in accordance with law. ``(B) Department of justice policies.--An independent counsel shall comply with the established policies of the Department of Justice respecting expenditures of funds, except to the extent that compliance would be inconsistent with the purposes of this chapter. ``(2) Administrative support.--The Director of the Administrative Office of the United States Courts shall provide administrative support and guidance to each independent counsel. No officer or employee of the Administrative Office of the United States Courts shall disclose information related to an independent counsel's expenditures, personnel, or administrative acts or arrangements without the authorization of the independent counsel. ``(3) Office space.--The Administrator of General Services, in consultation with the Director of the Administrative Office of the United States Courts, shall promptly provide appropriate office space for each independent counsel. Such office space shall be within a Federal building unless the Administrator of General Services determines that other arrangements would cost less.''. (b) Independent Counsel Per Diem Expenses.-- Section 594(b) of title 28, United States Code, is amended-- (1) by striking ``An independent counsel'' and inserting ``(1) In general.--An independent counsel''; and (2) by adding at the end the following new paragraphs: ``(2) Travel expenses.--Except as provided in paragraph (3), an independent counsel and persons appointed under subsection (c) shall be entitled to the payment of travel expenses as provided by subchapter 1 of chapter 57 of title 5, including travel or transportation expenses in accordance with section 5703 of title 5. ``(3) Travel to primary office.--An independent counsel and any person appointed under subsection (c) shall not be entitled to the payment of travel and subsistence expenses under subchapter 1 of chapter 57 of title 5 with respect to duties performed in the city in which the primary office of that independent counsel or person is located after 1 year of service by that independent counsel or person (as the case may be) under this chapter unless the employee assigned duties under subsection (l)(1)(A)(iii) certifies that the payment is in the public interest to carry out the purposes of this chapter. Any such certification shall be effective for 6 months, but may be renewed for additional periods of 6-months each if, for each such renewal, the employee assigned duties under subsection (l)(1)(A)(iii) makes a recertification with respect to the public interest described in the preceding sentence. In making any certification or recertification under this paragraph with respect to travel and subsistence expenses of an independent counsel or person appointed under subsection (c), such employee shall consider, among other relevant factors-- ``(A) the cost to the Government of reimbursing such travel and subsistence expenses; ``(B) the period of time for which the independent counsel anticipates that the activities of the independent counsel or person, as the case may be, will continue; ``(C) the personal and financial burdens on the independent counsel or person, as the case may be, of relocating so that such travel and subsistence expenses would not be incurred; and ``(D) the burdens associated with appointing a new independent counsel, or appointing another person under subsection (c), to replace the individual involved who is unable or unwilling to so relocate. An employee making a certification or recertification under this paragraph shall be liable for an invalid certification or recertification to the same extent as a certifying official certifying a voucher is liable under section 3528 of title 31.''. (c) Independent Counsel Employee Pay Comparability.--Section 594(c) of title 28, United States Code, is amended by striking the last sentence and inserting the following: ``Such employees shall be compensated at levels not to exceed those payable for comparable positions in the Office of United States Attorney for the District of Columbia under sections 548 and 550, but in no event shall any such employee be compensated at a rate greater than the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5.''. (d) Ethics Enforcement.--Section 594(j) of title 28, United States Code, is amended by adding at the end the following new paragraph: ``(5) Enforcement.--The Attorney General and the Director of the Office of Government Ethics have authority to enforce compliance with this subsection.''. (e) Compliance With Policies of the Department of Justice.--Section 594(f) of title 28, United States Code, is amended by striking ``shall, except where not possible, comply'' and inserting ``shall, except to the extent that to do so would be inconsistent with the purposes of this chapter, comply''. (f) Publication of Reports.--Section 594(h) of title 28, United States Code, is amended-- (1) by adding at the end the following new paragraph: ``(3) Publication of reports.--At the request of an independent counsel, the Public Printer shall cause to be printed any report previously released to the public under paragraph (2). The independent counsel shall certify the number of copies necessary for the public, and the Public Printer shall place the cost of the required number to the debit of such independent counsel. Additional copies shall be made available to the public through the Superintendent of Documents sales program under section 1702 of title 44 and the depository library program under section 1903 of such title.''; and (2) in the first sentence of paragraph (2), by striking ``appropriate'' the second place it appears and inserting ``in the public interest, consistent with maximizing public disclosure, ensuring a full explanation of independent counsel activities and decisionmaking, and facilitating the release of information and materials which the independent counsel has determined should be disclosed''. (g) Annual Reports to Congress.--Section 595(a)(2) of title 28, United States Code, is amended by striking ``such statements'' and all that follows through ``appropriate'' and inserting ``annually a report on the activities of the independent counsel, including a description of the progress of any investigation or prosecution conducted by the independent counsel. Such report may omit any matter that in the judgment of the independent counsel should be kept confidential, but shall provide information adequate to justify the expenditures that the office of the independent counsel has made''. (h) Periodic Reappointment of Independent Counsel.--Section 596(b)(2) of title 28, United States Code, is amended by adding at the end the following new sentence: ``If the Attorney General has not made a request under this paragraph, the division of the court shall determine on its own motion whether termination is appropriate under this paragraph not later than 3 years after the appointment of an independent counsel and at the end of each succeeding 3-year period.''. (i) Audits by the Comptroller General.--Section 596(c) of title 28, United States Code, is amended to read as follows: ``(c) Audits.--By December 31 of each year, an independent counsel shall prepare a statement of expenditures for the fiscal year that ended on the immediately preceding September 30. An independent counsel whose office is terminated prior to the end of the fiscal year shall prepare a statement of expenditures by the date that is 90 days after the date on which the office is terminated. The Comptroller General shall audit each such statement and shall, not later than March 31 of the year following the submission of any such statement, report the results of each audit to the Committee on the Judiciary and the Committee on Government Operations of the House of Representatives and to the Committee on Governmental Affairs and the Committee on the Judiciary of the Senate.''. SEC. 4. MEMBERS OF CONGRESS. Section 591(c) of title 28, United States Code, is amended-- (1) by indenting paragraphs (1) and (2) two ems to the right and by redesignating such paragraphs as subparagraphs (A) and (B), respectively; (2) by striking ``The Attorney'' and all that follows through ``if--'' and inserting the following: ``(1) In general.--The Attorney General may conduct a preliminary investigation in accordance with section 592 if-- ''; and (3) by adding at the end the following new paragraph: ``(2) Members of congress.--When the Attorney General determines that it would be in the public interest, the Attorney General may conduct a preliminary investigation in accordance with section 592 if the Attorney General receives information sufficient to constitute grounds to investigate whether a Member of Congress may have violated any Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction.''. SEC. 5. GROUNDS FOR REMOVAL. Section 596(a)(1) of title 28, United States Code, is amended by striking ``physical disability, mental incapacity'' and inserting ``physical or mental disability (consistent with prohibitions on discrimination otherwise imposed by law)''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall become effective on the date of the enactment of this Act.

Summary: Independent Counsel Reauthorization Act of 1994 - Amends the Federal judicial code to reauthorize the independent counsel law for an additional five years. Requires an independent counsel to: (1) conduct all activities with due regard for expense, authorize only reasonable and lawful expenditures, and (promptly upon taking office) assign to a specific employee the duty of certifying that expenditures of the independent counsel are reasonable and made in accordance with law; and (2) comply with the established policies of the Department of Justice (DOJ) regarding expenditures of funds, except to the extent that compliance would be inconsistent with the purposes of the Act. Directs: (1) the Director of the Administrative Office of the United States Courts to provide administrative support and guidance to each independent counsel; and (2) the Administrator of General Services to provide office space for each independent counsel. Sets forth provisions regarding: (1) independent counsel per diem expenses; (2) independent counsel employee pay comparability; (3) ethics enforcement; (4) compliance with DOJ policies; (5) publication of reports; (6) annual reports to the Congress; (7) periodic reappointment of independent counsel; and (8) audits by the Comptroller General. Authorizes the Attorney General to conduct a preliminary investigation upon the receipt of information sufficient to constitute grounds to investigate whether a Member of Congress may have violated any Federal criminal law, other than a violation classified as a Class B or C misdemeanor or an infraction, when the Attorney General determines that it would be in the public interest. Includes as grounds for removal of an independent counsel physical or mental disability consistent with prohibitions on discrimination otherwise imposed by law (current law includes physical disability and mental incapacity). Requires an independent counsel to comply with guidelines and procedures used by DOJ in the handling and use of classified materials.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Postresearch Chimpanzee Care Act''. SEC. 2. ESTABLISHMENT OF NATIONAL SANCTUARY SYSTEM FOR FEDERALLY OWNED OR SUPPORTED CHIMPANZEES NO LONGER NEEDED FOR RESEARCH. Subpart 1 of part E of title IV of the Public Health Service Act (42 U.S.C. 287 et seq.) is amended by inserting after section 481B the following section: ``sanctuary system for surplus chimpanzees ``Sec. 481C. (a) In General.--The Secretary shall provide for the establishment and operation in accordance with this section of a system to provide for the lifetime care of chimpanzees that have been used, or were bred or purchased for use, in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government, and with respect to which it has been determined by the Secretary that the chimpanzees are not needed for such research (in this section referred to as `surplus chimpanzees'). ``(b) Administration of Sanctuary System.--The Secretary shall carry out this section, including the establishment of regulations under subsection (d), in consultation with the board of directors of the nonprofit private entity that receives the contract under subsection (e) (relating to the operation of the sanctuary system). ``(c) Acceptance of Chimpanzees into System.--All surplus chimpanzees owned by the Federal Government shall be accepted into the sanctuary system. Subject to standards under subsection (d)(3), any surplus chimpanzee that is not owned by the Federal Government shall be accepted into the system if the owner transfers to the Federal Government title to the chimpanzee. ``(d) Standards for Permanent Retirement of Surplus Chimpanzees.-- ``(1) In general.--The Secretary shall by regulation establish standards for operating the sanctuary system to provide for the permanent retirement of surplus chimpanzees. In establishing the standards, the Secretary shall consider the recommendations of the National Research Council applicable to surplus chimpanzees that are made in the report published in 1997 and entitled `Chimpanzees in Research--Strategies for Their Ethical Care, Management, and Use'. ``(2) Chimpanzees accepted into system.--With respect to chimpanzees that are accepted into the sanctuary system, standards under paragraph (1) shall include the following: ``(A) A prohibition that the chimpanzees may not be used for research. This subparagraph does not prohibit noninvasive behavioral studies of the chimpanzees, or medical studies conducted during the course of normal veterinary care that is provided for the benefit of the chimpanzees. ``(B) Provisions regarding the housing of the chimpanzees. ``(C) Provisions regarding the behavioral well- being of the chimpanzees. ``(D) A requirement that the chimpanzees be cared for in accordance with the Animal Welfare Act. ``(E) A requirement that the chimpanzees be prevented from breeding. ``(F) A requirement that complete histories be maintained on the health and use in research of the chimpanzees. ``(G) A requirement that the chimpanzees be monitored for the purpose of promptly detecting the presence in the chimpanzees of any condition that may be a threat to the public health. ``(H) A requirement that chimpanzees posing such a threat be contained in accordance with applicable recommendations of the Director of the Centers for Disease Control and Prevention. ``(I) A prohibition that the chimpanzees may not be discharged from the system. ``(J) A provision that the Secretary may, in the discretion of the Secretary, accept into the system chimpanzees that are not surplus chimpanzees. ``(K) Such additional standards as the Secretary determines to be appropriate. ``(3) Non-federal chimpanzees offered for acceptance into system.--With respect to a surplus chimpanzee that is not owned by the Federal Government and is offered for acceptance into the sanctuary system, standards under paragraph (1) shall include the following: ``(A) A provision that the Secretary may authorize the imposition of a fee for accepting such chimpanzee into the system, except as follows: ``(i) Such a fee may not be imposed for accepting the chimpanzee if, on the day before the date of the enactment of the Postresearch Chimpanzee Care Act, the chimpanzee was owned by the nonprofit private entity that receives the contract under subsection (e). ``(ii) Such a fee may not be imposed for accepting the chimpanzee if the chimpanzee is owned by an entity that operates a primate center, and if the chimpanzee is housed in the primate center pursuant to the program for regional centers for research on primates that is carried out by the National Center for Research Resources. Any fees collected under this subparagraph are available to the Secretary for the costs of operating the system. Any other fees received by the Secretary for the long-term care of chimpanzees (including any Federal fees that are collected for such purpose and are identified in the report under section 3 of the Postresearch Chimpanzee Care Act) are available for operating the system, in addition to availability for such other purposes as may be authorized for the use of the fees. ``(B) A provision that the Secretary may deny such chimpanzee acceptance into the system if the capacity of the system is not sufficient to accept the chimpanzee, taking into account the physical capacity of the system; the financial resources of the system; the number of individuals serving as the staff of the system, including the number of professional staff; the necessity of providing for the safety of the staff and of the public; the necessity of caring for accepted chimpanzees in accordance with the standards under paragraph (1); and such other factors as may be appropriate. ``(C) A provision that the Secretary may deny such chimpanzee acceptance into the system if a complete history of the health and use in research of the chimpanzee is not available to the Secretary. ``(D) Such additional standards as the Secretary determines to be appropriate. ``(e) Award of Contract for Operation of System.-- ``(1) In general.--Subject to the availability of funds pursuant to subsection (g), the Secretary shall make an award of a contract to a nonprofit private entity under which the entity has the responsibility of operating (and establishing, as applicable) the sanctuary system. ``(2) Requirements.--The Secretary may make an award under paragraph (1) to a nonprofit private entity only if the entity meets the following requirements: ``(A) The entity has a governing board of directors that is composed and appointed in accordance with paragraph (3) and is satisfactory to the Secretary. ``(B) The terms of service for members of such board are in accordance with paragraph (3). ``(C) The members of the board serve without compensation. The members may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the board. ``(D) The entity has an executive director meeting such requirements as the Secretary determines to be appropriate. ``(E) The entity makes the agreement described in paragraph (4) (relating to non-Federal contributions). ``(F) The entity agrees to comply with standards under subsection (d). ``(G) Such other requirements as the Secretary determines to be appropriate. ``(3) Board of directors.--For purposes of subparagraphs (A) and (B) of paragraph (2): ``(A) The governing board of directors of the nonprofit private entity involved is composed and appointed in accordance with this paragraph if the following conditions are met: ``(i) Such board is composed of not more than 15 voting members. ``(ii) Such members include individuals with expertise and experience in the science of managing captive chimpanzees (including primate veterinary care), appointed from among individuals endorsed by organizations that represent individuals in such field. ``(iii) Such members include individuals with expertise and experience in the field of animal protection, appointed from among individuals endorsed by organizations that represent individuals in such field. ``(iv) Such members include individuals with expertise and experience in the zoological field (including behavioral primatology), appointed from among individuals endorsed by organizations that represent individuals in such field. ``(v) Such members include individuals with expertise and experience in the field of the business and management of nonprofit organizations, appointed from among individuals endorsed by organizations that represent individuals in such field. ``(vi) Such members include representatives from entities that provide accreditation in the field of laboratory animal medicine. ``(vii) Such members include individuals with expertise and experience in the field of containing biohazards. ``(viii) Such members include an additional member who serves as the chair of the board, appointed from among individuals who have been endorsed for purposes of clause (ii), (iii), (iv), or (v). ``(ix) None of the members of the board has been fined for a violation of the Animal Welfare Act. ``(B) The terms of service for members of the board of directors are in accordance with this paragraph if the following conditions are met: ``(i) The term of the chair of the board is three years. ``(ii) The initial members of the board select, by a random method, one member from each of the four fields specified in subparagraph (A) to serve a term of two years and (in addition to the chair) one member from each of such fields to serve a term of three years. ``(iii) After the initial terms under clause (ii) expire, each member of the board (other than the chair) is appointed to serve a term of two years. ``(iv) An individual whose term of service expires may be reappointed to the board. ``(v) A vacancy in the membership of the board is filled in the manner in which the original appointment was made. ``(vi) If a member of the board does not serve the full term applicable to the member, the individual appointed to fill the resulting vacancy is appointed for the remainder of the term of the predecessor member. ``(4) Requirement of matching funds.--The agreement required in paragraph (2)(E) for a nonprofit private entity (relating to the award of the contract under paragraph (1)) is an agreement that, with respect to the costs to be incurred by the entity in establishing and operating the sanctuary system, the entity will make available (directly or through donations from public or private entities) non-Federal contributions toward such costs, in cash or in kind, in an amount not less than the following, as applicable: ``(A) For expenses associated with establishing the sanctuary system (as determined by the Secretary), 10 percent of such costs ($1 for each $9 of Federal funds provided under the contract under paragraph (1)). ``(B) For expenses associated with operating the sanctuary system (as determined by the Secretary), 50 percent of such costs ($1 for each $1 of Federal funds provided under such contract). ``(5) Establishment of contract entity.--If the Secretary determines that an entity meeting the requirements of paragraph (2) does not exist, the Secretary may for purposes of paragraph (1) make a grant for the establishment of such an entity, including paying the cost of incorporating the entity under the law of one of the States. ``(f) Definitions.--For purposes of this section: ``(1) The term `permanent retirement', with respect to a surplus chimpanzee, means that the chimpanzee has been accepted into the sanctuary system, that under subsection (a) the system provides for the lifetime care of the chimpanzee, that under subsection (d)(2) the system does not permit the chimpanzee to be used in research, that under such subsection the system will not discharge the chimpanzee from the system, and that under such subsection the system otherwise cares for the chimpanzee. ``(2) The term `sanctuary system' means the system described in subsection (a). ``(3) The term `surplus chimpanzees' has the meaning indicated for such term in subsection (a). ``(g) Funding.-- ``(1) In general.--Of the amount appropriated under this Act for fiscal year 2000 and each subsequent fiscal year, the Secretary, subject to paragraph (2), shall reserve a portion for purposes of the operation (and establishment, as applicable) of the sanctuary system, except that the Secretary may not for such purposes reserve any further funds from such amount after the aggregate total of the funds so reserved for such fiscal years reaches $15,000,000. The purposes for which funds reserved under the preceding sentence may be expended include the construction and renovation of facilities for the sanctuary system, subject to section 496(b). ``(2) Limitation.--Funds may not be reserved for a fiscal year under paragraph (1) unless the amount appropriated under this Act for such year equals or exceeds the amount appropriated under this Act for fiscal year 1998.''. SEC. 3. REPORT TO CONGRESS REGARDING NUMBER OF CHIMPANZEES AND FUNDING FOR CARE OF CHIMPANZEES. With respect to chimpanzees that have been used, or were bred or purchased for use, in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government, the Secretary of Health and Human Services shall, not later than 120 days after the date of the enactment of this Act, submit to the Congress a report providing the following information: (1) The number of such chimpanzees in the United States, whether owned or held by the Federal Government, any of the States, or private entities. (2) An identification of any requirement imposed by the Federal Government that, as a condition of the use of such a chimpanzee in research by a non-Federal entity-- (A) fees be paid by the entity to the Federal Government for the purpose of providing for the care of the chimpanzee (including any fees for long-term care); or (B) funds be provided by the entity to a State, unit of local government, or private entity for an endowment or other financial account whose purpose is to provide for the care of the chimpanzee (including any funds provided for long-term care). (3) An accounting for fiscal years 1997 and 1998 of all fees paid and funds provided by non-Federal entities pursuant to requirements described in subparagraphs (A) and (B) of paragraph (2). (4) In the case of such fees, a specification of whether the fees were available to the Secretary (or other Federal officials) pursuant to annual appropriations Acts or pursuant to permanent appropriations.

Summary: Postresearch Chimpanzee Care Act - Amends title IV of the Public Health Service Act to direct the Secretary of Health and Human Services to provide for the establishment and operation of a national sanctuary system for all surplus federally owned chimpanzees that are no longer needed in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other Federal agencies. Mandates that any surplus chimpanzee that is not owned by the Federal Government be accepted into the system if the owner transfers title to the chimpanzee to the Federal Government. Provides for standards for permanent retirement of surplus chimpanzees into the system. Requires such standards to authorize the Secretary to authorize imposition of a fee (except in certain circumstances) for accepting a non-Federal chimpanzee into the system. Outlines provisions for the awarding of contracts for operation of the system. Provides for funding.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Clearwater Basin Project Act''. SEC. 2. DEFINITIONS. (a) Definitions.--In this Act: (1) Advisory panel.--The term ``advisory panel'' means the Clearwater Advisory Panel, established by the Secretary under section 3. (2) Pilot project.--The term ``pilot project'' means the Clearwater Basin Pilot Project authorized by section 4. (3) Pilot project area.--The term ``pilot project area'' means the area described in section 4(a) in which the pilot project will be conducted. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) Stewardship contract.--The term ``stewardship contract'' means a contract to achieve land management goals for National Forest System lands as described in section 347 of the Department of Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note). (6) Stewardship objectives.--The term ``stewardship objectives'' means objectives that enhance forest ecosystems, and restore and improve land health water quality such as-- (A) road, trail, and infrastructure maintenance or obliteration; (B) soil productivity improvement; (C) improvements in forest ecosystem health; (D) watershed restoration and maintenance; (E) restoration, maintenance and improvement of wildlife and fish habitat; (F) control of noxious weeds; and (G) reestablishment of native species. SEC. 3. CLEARWATER ADVISORY PANEL. (a) Establishment and Purpose.--The Secretary shall establish an advisory group, to be known as the ``Clearwater Advisory Panel'', for the purpose of improving collaborative relationships and providing advice and recommendations to the Forest Service regarding the Clearwater Basin pilot project and activities under the pilot project, as authorized by and consistent with this Act. (b) Duties.--The advisory panel shall-- (1) review and make recommendations to the Forest Service regarding activities proposed for high priority implementation as part of the pilot project; (2) provide early and continuous coordination with appropriate Forest Service and other agency officials in reviewing and recommending activities for high priority implementation; and (3) provide frequent opportunities for citizens, organizations, tribes, agencies, and other interested parties to participate in all stages of the activity schedule development process. (c) Appointment of Members.-- (1) Appointment and term.--No later than 90 days after the date of enactment of this Act, and consistent with subsection (d), the Secretary shall appoint the members of the advisory panel and each member shall serve without compensation for a term of three years beginning on the date of appointment. The Secretary may reappoint members to subsequent three-year terms. (2) Vacancies.--The Secretary shall make appointments to fill vacancies on the advisory panel as soon as practicable after the vacancy has occurred. (d) Composition of Advisory Panel.--The advisory panel shall be comprised of 15 members who shall be representative of the interests of the following categories: (1) Category i.-- (A) organized labor; (B) developed outdoor recreation, off highway vehicle users, or commercial recreation activities; (C) energy and mineral development interests; (D) commercial timber industry; and (E) Federal grazing permit holders, or other land use permit holders within the pilot project area. (2) Category ii.-- (A) national environmental organizations; (B) regional or local environmental organizations; (C) dispersed recreational activities; (D) archaeological and historical interests; and (E) national or regional fish and wildlife interest groups. (3) Category iii.-- (A) State elected officeholders or their designee; (B) county or local elected officeholders; (C) Indian Tribes within or adjacent to the pilot project area; (D) school officials or teachers; and (E) the affected public at large. (4) Balanced representation.--The Secretary shall provide for balanced representation from among the categories described in paragraphs (1), (2), and (3). (5) Geographic distribution.--The members of the advisory panel shall reside within the State of Idaho, and to the extent practicable, within or adjacent to the pilot project area. (e) Approval Procedures.-- (1) Establishment.--Subject to paragraph (2) and the other requirements of this Act, the advisory panel shall establish procedures for proposing, developing, and reviewing activities and schedules for recommendation to the Forest Service for approval and implementation under the pilot project. A majority must be present to constitute an official meeting of the advisory panel. (2) Majority vote.--An activity or schedule may be recommended by the advisory panel to the applicable Forest Supervisor for approval and implementation under the pilot program if it is approved by a majority of the advisory panel members from each of the three categories described in subsection (d). (f) Other Authorities and Requirements.-- (1) Chairperson.--A majority of the advisory panel shall select a chairperson. (2) Staff assistance.--The Secretary may provide staff assistance to the advisory panel from employees under the jurisdiction of the Secretary. (3) Meetings.--All meetings of the advisory panel shall be announced at least one week in advance in a local newspaper of record and shall be open to the public. Records of the meetings shall be retained and made available for public inspection. SEC. 4 CLEARWATER BASIN PILOT PROJECT. (a) Pilot Project Authorized.--The Secretary may conduct a pilot project under this section, to be known as the ``Clearwater Basin pilot project'', on those National Forest System land encompassed by the North Fork, Powell, and Lochsa Ranger Districts of the Clearwater National Forest in the State of Idaho, and the Red River/Elk City, Moose Creek and Clearwater Ranger Districts of the Nez Perce National Forest in the State of Idaho. (b) Role of Advisory Panel.--The advisory panel shall review and recommend activities for high priority implementation of stewardship objectives within the pilot project area, for which funding is authorized under this Act or other laws. (c) Stewardship Contracts.--A total of three stewardship contracts are authorized for recommendation by the advisory panel and for approval and implementation in accordance with, and to achieve the purposes of, the pilot project. These contracts are in addition to any stewardship contracts authorized under any other law. (d) Activity Schedules.-- (1) Development.--Within two years after the date of the enactment of this Act, the advisory panel shall develop and submit for Forest Supervisor review schedules of high priority activities to be commenced within the pilot project area for the ensuing five-year period. Separate schedules shall be developed for the Clearwater National Forest portion of the pilot project area. Thereafter, the advisory panel shall develop and submit in advance schedules for subsequent five-year periods. (2) Consultation.--The advisory panel shall develop each five-year schedule in consultation with, and with technical assistance from, the applicable Forest Supervisor and the Nez Perce Tribe. The Forest Service shall ensure that the activities in the schedules are consistent with treaty and any other obligations to the Tribe. (3) Content.--Each five-year schedule shall be in sufficient detail to describe the high priority activities to be conducted in the pilot project area over the five-year period and the timing for their implementation, and to allow reasonable site-specific, project-level evaluation of their environmental effects. The scope of the activities included in each schedule shall be reasonably adjusted to the extent that the advisory panel and applicable Forest Supervisor determine necessary to allow such evaluation to be completed within the time periods provided by this Act. (4) Consistency with forest plan.--The activities included within the five-year schedules shall be consistent with the applicable forest land and resource management plan. The schedule may include any amendment of the applicable forest land and resource management plan that the advisory panel recommends or that the applicable Forest Supervisor determines is necessary to allow or facilitate implementation of one or more activities in the schedule. (f) NEPA Requirements and Related Procedures.-- (1) Process.--The Forest Service shall conduct any applicable procedures under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the approval of the activities in each five-year schedule, tiered to the environmental impact statement for the applicable forest land and resource management plan. The procedures under such Act, and any review, consultation, or coordination under other laws, including the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and National Historic Preservation Act (16 U.S.C. 470), shall be completed within one year after the Forest Service, in consultation with the North Central Idaho resource advisory committee, issues the public scoping notice regarding the proposed schedule. (2) Resources.--The Forest Service, and any other Federal agencies involved in the process described in paragraph (1), shall provide sufficient personnel and other resources, directly or through contracting, to complete the review, consultation, or coordination within the required one-year period, and without substantially delaying implementation of other forest management activities in Region 1 of the Forest Service. The Forest Service and other involved agencies may rely upon or use any analysis, documents, or procedures previously performed under the National Environmental Policy Act of 1969 or other law for any activity in the schedule. (3) Effect of failure to complete process.--If any review, consultation, or coordination required under the National Environmental Policy Act of 1969 or other law has not been completed for a schedule within the required one-year period, the lack of completion shall not be a basis for challenging or delaying submittal, approval, or implementation of an activity in the schedule, if the applicable Forest Supervisor, in consultation with the advisory panel, finds that sufficient review, consultation, and coordination regarding the activity has occurred and a sufficient record exists to make a reasoned decision regarding approval of the activity. (g) Review by Forest Supervisor.-- (1) Submission.--The advisory panel shall submit a final recommendation regarding each five-year schedule, together with the record of the review, consultation, and coordination performed under subsection (f) for the schedule, to the applicable Forest Supervisor for review. The final recommendation and record shall be submitted to the Forest Supervisor at least 30 days in advance of the date for commencing implementation of activities under the schedule. (2) Review.--Within 30 days after receiving the schedule and record from the advisory panel, the Forest Supervisor shall issue a project or activity decision document regarding review of the recommended schedule in accordance with the National Environmental Policy Act of 1969 and any other applicable procedures. In the decision document, the Forest Supervisor may approve the schedule, or disapprove the schedule and return it to the advisory panel for further consideration with instructions. If the Forest Supervisor has not issued a decision document upon expiration of the 30-day period, the schedule shall be deemed approved by the Forest Supervisor and subject to administrative appeal under Department of Agriculture procedures applicable to Forest Service project or activity record of decision or decision notice documents issued pursuant to the National Environmental Policy Act of 1969. (h) Implementation.--Upon approval of the schedule, but subject to any stay that may be in effect pursuant to Forest Service project or activity administrative appeal procedures, the Forest Service may issue any permits, contracts, or other authorizations for activities in the schedule without further review, consultation, or coordination under the National Environmental Policy Act of 1969 or other laws. (i) Activities Not Included in a 5-Year Schedule; Amendment of Schedule.--An activity that the advisory panel determines should proceed in advance of approval of the first five-year schedule, or an activity in the pilot project area that is not included in a five-year schedule, may be approved and implemented on an individual or group basis, upon completing the process and requirements for review and approval of a five-year schedule. A five-year schedule may be amended upon completed the process and requirements for review and approval of the schedule. (j) Relation to Other Schedules, Plans, and Activities.--The five- year schedules and activities authorized under the pilot project shall supplement other schedules plans and projects or other activities authorized and implemented under other law. Upon advisory panel recommendation and applicable Forest Supervisor approval, an activity that is included in another schedule or plan or proposed, authorized, or funded under other law may be authorized and implemented as an activity under the pilot project, if the activity meets the requirements of this section for implementation as a high priority activity. SEC. 5. MONITORING AND REPORTING REQUIREMENTS. (a) Report on Applicable Rules and Regulations.--The advisory panel may submit to the Secretary, the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a compilation of regulations applicable to the pilot project that the advisory panel determines are inappropriate for the pilot project, incompatible with the pilot project, or unduly burdensome in conducting the pilot project. (b) Monitoring; Annual Report on the Project.--The Secretary shall monitor the activities and achievement in the pilot project area under the pilot project. Not later than two years after the date of the enactment of this Act, and each year thereafter during the pilot project, the Secretary shall submit a report to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives on the results of such monitoring, including detailed information on the sources and uses of funds and the status, outputs, and other results accomplished for each activity recommended for priority implementation by the advisory panel under the pilot project. (c) State of Idaho Report.--The Secretary shall request the State of Idaho, through the University of Idaho College of Natural Resource or other source, to prepare a report reviewing the activities and achievements of the pilot project in the pilot project area. The Secretary shall request the State to prepare and submit the report at five-year intervals to the Secretary, the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives. The requested report should include an assessment of whether, and to what extent, the activities conducted under the pilot project are meeting or enhancing the accomplishment of stewardship objectives. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary, through fiscal year 2012, such sums as may be necessary for the following purposes: (1) Developing, submitting, reviewing, and implementing five-year schedules and priority activities under the pilot project, including the stewardship contracts authorized by this Act. (2) Other advisory panel activities and technical assistance to the advisory panel for the purposes of the pilot project. (3) Monitoring and reporting requirements under section 5. (4) Such other actions as are necessary to implement this Act. (b) Availability.--Amount appropriated for the purposes specified in subsection (a) shall remain available until expended. (c) Treatment of Receipts.--Notwithstanding the Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106- 393; 16 U.S.C. 500 note), any moneys received by the Forest Service from activities approved and implemented under the pilot project shall be distributed in accordance with the sixth paragraph under the heading ``Forest Service'' in the Act of May 23, 1908 (16 U.S.C. 500). SEC. 7. SEVERABILITY. If any provisions of this Act or the application of this Act to any person or circumstances is held to be invalid, the validity of the remainder of this Act and of the application of such provision to other persons and circumstances shall not be affected.

Summary: Clearwater Basin Project Act - Directs the Secretary of Agriculture to establish and maintain the Clearwater Advisory Panel (CAP), which shall provide advice and recommendations to the Forest Service regarding the Clearwater Basin pilot project (the Project) within the Clearwater and Nez Perce National Forests, Idaho. States that the CAP shall: (1) make recommendations regarding activities for high priority implementation; (2) provide early and continuous coordination with Federal officials; and (3) provide for public input into its proceedings.Authorizes the Secretary to conduct the Project. Directs the CAP, in consultation with and receiving technical assistance from the applicable Forest Supervisor, to develop and submit for approval from the Forest Supervisor five-year schedules of high priority activities for the Project (with separate schedules for each Forest). Requires that the activities included in such schedules be consistent with the applicable forest land and resource management plan. Directs the Forest Service to complete any applicable National Environmental Policy Act (NEPA) procedures for the approval of the activities at the site-specific, project level. Directs the CAP to consult with the Nez Perce Tribe in developing and recommending each schedule.Directs the Forest Supervisor to issue a project or activity decision document regarding approval of the recommended schedule in accordance with NEPA and other applicable procedures.Provides for the schedules and activities authorized under this section to supplement certain other schedules, plans, and projects or other activities authorized and implemented under other law.