SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Dual Eligible Prescription Drug Coverage Act of 2005''. SEC. 2. FINDINGS. The Senate finds the following: (1) Individuals who are dually eligible for benefits under the medicare program and full benefits under the medicaid program-- (A) are among the most vulnerable populations in our society; and (B) require adequate outreach, education, and timing in order to adjust to changes in our health care delivery system. (2) The transition of 6,400,000 dual eligibles from prescription drug coverage under the medicaid program to prescription drug coverage under part D of the medicare program is the largest transition ever of individuals from one insurance program to another. (3) In its June 2004 report to Congress, the Medicare Payment Advisory Commission (MedPAC) suggested that large, private employers with 75,000 employees or less need at least 6 months to transition their employees' drug coverage from one pharmacy benefit management company to another such company. The States and the Federal Government are taking on a far more complex task with 6,400,000 dual eligibles having to make the transition described in paragraph (2). (4) Timely access to prescription drugs leads to higher quality of life and prevents avoidable emergency room visits, hospitalizations, and premature nursing home placements. (5) Since even a short-term gap in prescription drug coverage could have serious health consequences for dual eligibles, Congress must work to guarantee as smooth a transition as possible for dual eligibles so that no dual eligible is without prescription drug coverage even for one day. SEC. 3. CONTINUING STATE COVERAGE OF MEDICAID PRESCRIPTION DRUG COVERAGE TO MEDICARE DUAL ELIGIBLE BENEFICIARIES FOR 6 MONTHS. (a) Six-Month Transition.--For prescriptions filled during the period beginning on January 1, 2006, and ending on June 30, 2006, section 1935(d) of the Social Security Act (42 U.S.C. 1396u-5(d)) shall not apply and, notwithstanding any other provision of law, a State (as defined for purposes of title XIX of such Act) shall continue to provide (and receive Federal financial participation for) medical assistance under such title with respect to prescription drugs as if such section 1935(d) had not been enacted. (b) Application.-- (1) Medicare as primary payer.--Nothing in subsection (a) shall be construed as changing or affecting the primary payer status of a prescription drug plan or an MA-PD plan under part D of title XVIII of the Social Security Act with respect to prescription drugs furnished to any full-benefit dual eligible individual (as defined in section 1935(c)(6) of such Act (42 U.S.C. 1396u-5(c)(6)) during the 6-month period described in such subsection. (2) Third party liability.--Nothing in subsection (a) shall be construed as limiting the authority or responsibility of a State under section 1902(a)(25) of the Social Security Act (42 U.S.C. 1396a(a)(25)) to seek reimbursement from a prescription drug plan, an MA-PD plan, or any other third party, of the costs incurred by the State in providing prescription drug coverage described in such subsection. SEC. 4. DELAY IN IMPLEMENTATION OF MEDICAID CLAWBACK PAYMENTS. Notwithstanding section 1935(c) of the Social Security Act (42 U.S.C. 1396u-5(c)), a State or the District of Columbia shall not be required to provide for a payment under such section to the Secretary of Health and Human Services for any month prior to July 1, 2006. SEC. 5. EDUCATION AND OUTREACH TO DUAL ELIGIBLES REGARDING PRESCRIPTION DRUG COVERAGE AND MONITORING OF THE TRANSITION OF DUAL ELIGIBLES TO PRESCRIPTION DRUG COVERAGE UNDER MEDICARE. (a) MMA Amounts.--Notwithstanding any other provision of law, of the amounts appropriated for the Centers for Medicare & Medicaid Services under section 1015(a)(1) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2446), the following rules shall apply: (1) Education and outreach to duals.--$100,000,000 shall be used to provide education and outreach, including through one- on-one counseling and application assistance, to full-benefit dual eligible individuals (as defined in section 1935(c)(6) of the Social Security Act (42 U.S.C. 1396u-5(c)(6))) regarding prescription drug coverage under part D of title XVIII of such Act. Of such amount-- (A) at least $20,000,000 (but in no case more than $50,000,000) shall be used to award grants to States under section 4360 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1395b-4) to provide such education and outreach; and (B) the remaining amount shall be used to provide funding to community-based organizations that work with full-benefit dual eligible individuals (as so defined) in order to provide such education and outreach. (2) Monitoring impact on duals.-- (A) In general.--$50,000,000 shall be used by the Centers for Medicare & Medicaid Services, in consultation with the Centers for Disease Control and Prevention, the Administration on Aging, and the Social Security Administration, to develop and implement a standardized protocol to collect data from health departments and other sources in 10 representative urban and rural communities on the impact of the transition of full benefit dual eligible individuals (as so defined) from prescription drug coverage under the medicaid program to prescription drug coverage under part D of the medicare program. Such protocol shall be implemented by not later than July 1, 2005. (B) Monitoring.--The protocol developed under subparagraph (A) shall include for the monitoring of the following information with respect to such full benefit dual eligible individuals: (i) Emergency room visit rates. (ii) Hospitalization rates. (iii) Nursing home placement rates. (iv) Deaths. (C) Collection by pdps and ma-pds.--The protocol developed under subparagraph (A) shall require that such data be collected by the prescription drug plans and the MA-PDs in which the individuals are enrolled and include information on race and ethnicity. (D) Reports.--Not later than January 1, 2006, and July 1, 2006, the Administrator of the Centers for Medicare & Medicaid Services, in consultation with the Centers for Disease Control and Prevention, the Administration on Aging, and the Social Security Administration, shall submit a report to Congress on the implementation of the protocol under subparagraph (A). (b) New Amounts.--There are appropriated to the Secretary of Health and Human Services, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, for fiscal year 2005 and each subsequent fiscal year, an amount not to exceed $50,000,000 (or if greater, an amount equal to $1 multiplied by the number of individuals entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title for the year) in order to award grants to States under section 4360 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1395b-4). (c) Extension of Availability of Amounts Appropriated Under MMA.-- Section 1015(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2446) is amended by striking ``September 30, 2005'' and inserting ``September 30, 2006''. SEC. 6. COLLECTION AND SHARING OF DUAL ELIGIBLE DRUG UTILIZATION DATA. (a) In General.--Section 1860D-42 of the Social Security Act (42 U.S.C. 1395w-152) is amended by adding at the end the following new subsection: ``(c) Collection and Sharing of Dual Eligible Drug Utilization Data.-- ``(1) Plan requirement.--A PDP sponsor of a prescription drug plan and an MA organization offering an MA-PD plan shall submit to the Secretary such information regarding the drug utilization of enrollees in such plans who are full-benefit dual eligible individuals (as defined in section 1935(c)(6)) as the Secretary determines appropriate to carry out paragraph (2). ``(2) Collection and sharing of data.--The Secretary shall collect data on the drug utilization of full-benefit dual eligible individuals (as so defined). The Secretary shall share such data with the States and the District of Columbia in as close to a real-time basis as possible.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2071). SEC. 7. GAO STUDY ON THE CLAWBACK FORMULA. (a) Study.-- (1) In general.--The Comptroller General of the United States shall conduct a study on the clawback formula contained in section 1935(c) of the Social Security Act (42 U.S.C. 1396u- 5(c)), as added by section 103(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2155). (2) Requirements.--The study conducted under paragraph (1) shall include a full examination of-- (A) disincentives for States to enroll full-benefit dual eligible individuals (as defined in section 1935(c)(6) of the Social Security Act (42 U.S.C. 1396u- 5(c)(6))) in the medicaid program or part D of title XVIII of the Social Security Act; (B) the 6-month delay in States receiving rebate data; (C) the prescription drug cost containment measures implemented by States after 2003; and (D) issues relating to States having to pay more for prescription drug coverage for full benefit dual eligible individuals (as so defined) than they otherwise would have if the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2066 et seq.) had not been enacted. (b) Report.--Not later than April 1, 2006, the Comptroller General of the United States shall submit to Congress a report on the study conducted under subsection (a) together with such recommendations as the Comptroller General determines appropriate.

Summary: Medicare Dual Eligible Prescription Drug Coverage Act of 2005 - Provides that, for prescriptions filled between January 1 and June 30, 2006, requirements for the coordination of prescription drug benefits with Medicare as primary payor for dual eligible individuals under the new prescription drug benefit program (PDP) under Medicare part E (Voluntary Prescription Drug Benefit Program) shall not apply. Requires a State to continue to provide Medicaid medical assistance with respect to prescription drugs as if such coordination requirements had not been enacted. Declares that no State or the District of Columbia shall be required to pay (reimburse) the Secretary of Health and Human Services for Medicaid prescription drug costs for dual eligible individuals (Medicaid clawback payments) for any month before July 1, 2006. Earmarks specified amounts for education and outreach to dual eligibles regarding prescription drug coverage and monitoring of their transition to prescription drug coverage under Medicare. Requires a PDP sponsor and an MA organization offering an MA-PD plan to submit to the Secretary appropriate information regarding the drug utilization of enrollees in such plans who are full-benefit dual eligible individuals. Directs the Secretary to collect data on the drug utilization of full-benefit dual eligible individuals and share it with the States and District of Columbia in as close to a real-time basis as possible. Directs the Comptroller General of the United States to study and report to Congress on the clawback formula.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission to Eliminate Waste in Government Act of 2001''. SEC. 2. ESTABLISHMENT. There is established the National Commission to Eliminate Waste in Government (in this Act referred to as the ``Commission''). SEC. 3. DUTIES. (a) In General.--It shall be the duty of the Commission to-- (1) conduct a private sector survey on management and cost control in the Federal Government; (2) conduct in-depth reviews of the operations of the executive agencies; (3)(A) review existing reports from the Government Accounting Office, the Congressional Budget Office, and the various Inspector General offices within executive agencies, reports and other existing governmental and nongovernmental recommendations for reducing waste, including recommendations from the President's Private Sector Survey on Cost Control; and (B) based on the review under subparagraph (A), periodically submit reports to the President and Congress including-- (i) a list of such recommendations that the Commission determines are most significant; (ii) the estimated savings of the recommendations; and (iii) determinations of whether the recommendations can be implemented by Executive order or require legislative action; and (4) submit to the President and the Congress recommendations for improving the budget process and management and for reducing waste and costs in the Federal Government. (b) Particular Areas To Be Examined.--In fulfilling the duties described under subsection (a), the Commission shall identify and address-- (1) opportunities for increased efficiency and reduced costs in the Federal Government that can be realized by Executive action or legislation; (2) areas in the Federal Government where managerial accountability can be enhanced and administrative control can be improved; (3) specific Federal programs that have accomplished their objectives and should be terminated; (4) specific Federal program services that could be provided at a lower cost by the private sector; (5) specific reforms of the budget process that would yield savings, increase accountability and efficiency, and enhance public confidence in the budget process; and (6) specific areas in the Federal Government where further study can be justified by potential savings. SEC. 4. MEMBERSHIP. (a) Number and Appointment.-- (1) Number.--The Commission shall be composed of 12 members who are not officers or employees of any government and who are especially qualified to serve on the Commission by virtue of their education, training, or experience. (2) Political party representation.--Not more than 6 members of the Commission shall be of the same political party. (3) Appointment.--The members of the Commission shall be appointed as follows: (A) 4 individuals shall be appointed by the President, not more than 2 of whom shall be from the same political party. (B) 3 individuals shall be appointed by the Speaker of the House of Representatives, not more than 2 of whom shall be from the same political party. (C) 1 individual shall be appointed by the minority leader of the House of Representatives. (D) 3 individuals shall be appointed by the majority leader of the Senate, not more than 2 of whom shall be from the same political party. (E) 1 individual shall be appointed by the minority leader of the Senate. (b) Continuation of Membership.--If an individual is appointed to the Commission, and later becomes an officer or employee of a government, such individual may continue as a member of the Commission for not longer than the 30-day period beginning on the date such individual becomes such an officer or employee. (c) Appointment of Members.--Appointments shall be made not later than 30 days after the date of enactment of this Act. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Vacancies.--A vacancy in the Commission shall be filled within 30 days in the manner in which the original appointment was made. (f) Compensation.--Federal funds may not be used to pay any member of the Commission for services performed as a member. (g) Quorum.--Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (h) Chairperson.--The Chairperson of the Commission shall be elected by the members from among the members. (i) Meetings.--The Commission shall meet at least once each month at the call of the Chairperson of the Commission. SEC. 5. STAFF AND SUPPORT SERVICES. (a) Director.--The Commission shall have a Director appointed by the Chairperson of the Commission and paid a rate determined by the Commission. (b) Staff.--With the approval of the Commission, the Director of the Commission may appoint personnel as the Director considers appropriate. SEC. 6. POWERS. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Delegation of Authority.--Any Member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of the Federal agency shall furnish the information to the Commission. (d) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies or services without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. REPORTS. (a) Periodic Reports.--In accordance with section 3(a)(3), the Commission shall issue periodic reports to the President and the Congress. (b) Final Report.--Not later than the expiration of the 24-month period beginning on the date of enactment of this Act, the Commission shall submit to the President and the Congress a final report setting forth the findings and conclusions of the Commission and specific recommendations for legislative and administrative actions that the Commission determines to be appropriate. SEC. 8. TERMINATION. The Commission shall terminate not later than the expiration of the 30-day period beginning on the date on which the Commission submits its final report under section 7(b). SEC. 9 FUNDING AND SUPPORT. The Commission shall be funded, staffed, and equipped by the private sector without cost to the Federal Government.

Summary: National Commission to Eliminate Waste in Government Act of 2001 - Establishes the National Commission to Eliminate Waste in Government to: (1) conduct a private sector survey on management and cost control in Government; (2) conduct in-depth reviews of executive agency operations; (3) review existing General Accounting Office, Congressional Budget Office, and various Inspector General offices' reports and other existing governmental and nongovernmental recommendations for reducing waste, including recommendations from the President's Private Sector Survey on Cost Control, and to periodically report to the President and Congress on such recommendations that are most significant, on the estimated savings from such recommendations, and on whether the recommendations can be implemented by executive order or require legislative action; and (4) submit to the President and Congress recommendations for improving the budget process and management and for reducing waste and costs.Requires the Commission to be funded, staffed, and equipped by the private sector without cost to the Government.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Abuse and Neglect Enforcement Act''. SEC. 2. ACCESS TO CRIMINAL CONVICTION RECORD INFORMATION BY CERTAIN STATE CHILD PROTECTIVE WORKERS AND CHILD WELFARE WORKERS. (a) Grant Reduction for Noncompliance.--Section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end the following: ``(g) Information Access.-- ``(1) In general.--The funds available under this subpart for a State shall be reduced by 10 percent and redistributed under paragraph (2) unless the State has in effect throughout the State a law which requires that a law enforcement agency designated by such State make available, on a timely basis, to child protective workers and child welfare workers (in public and private agencies, who, in the course of their official duties, are engaged in the assessment of risk and other actions related to the protection of children, including placement of children in foster care) criminal conviction record information and orders of protection based on a claim of domestic or child abuse to the same extent as such information is made available to law enforcement officers in such State. ``(2) Redistribution.--Any funds available for redistribution shall be redistributed to participating States that have in effect a law referred to in paragraph (1). ``(3) Compliance.--The Attorney General shall issue regulations to ensure compliance with the requirements of paragraph (1), including a requirement that any charge for making available such criminal conviction record information may not exceed the actual cost of making such information available.''. (b) Conforming Amendment.--Section 506(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking ``subsection (f),'' and inserting ``subsections (f) and (g),''. (c) Effective Date.--The amendments made by subsection (a) shall take effect on the first day of each fiscal year succeeding the first fiscal year beginning 2 years after the date of the enactment of this Act. SEC. 3. NEONATAL CONDITIONS CAUSED BY MATERNAL SUBSTANCE ABUSE; AMENDMENT TO PROGRAM OF BLOCK GRANTS TO STATES FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE. Subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.) is amended by inserting after section 1926 the following section: ``SEC. 1926A. STATE LAW REGARDING NOTIFICATION OF STATE OR LOCAL CHILD- PROTECTION AGENCY IN EVENT OF NEONATAL CONDITION CAUSED BY MATERNAL SUBSTANCE ABUSE. ``(a) Relevant Law.--Subject to subsection (b), for fiscal year 1999 and subsequent fiscal years, the Secretary may make a grant under section 1921 only if the State involved requires by law or regulation that-- ``(1) each newborn infant born in the State be tested for physical dependence on any drug; fetal alcohol syndrome; fetal alcohol effects; the presence of alcohol; and the presence of drugs that are associated with substance abuse; and ``(2) if the newborn tests positive under any such test, the principal State or local agency with responsibility for the protection of children be notified of such fact. ``(b) Delayed Applicability for Certain States.--In the case of a State whose legislature does not convene a regular session in fiscal year 1998, and in the case of a State whose legislature does not convene a regular session in fiscal year 1999, the requirement described in subsection (a) as a condition of a receipt of a grant under section 1921 shall apply only for fiscal year 2000 and subsequent fiscal years. ``(c) Noncompliance of State.--Before making a grant under section 1921 to a State for the first applicable fiscal year or any subsequent fiscal year, the Secretary shall make a determination of whether the State has maintained compliance with subsection (a). If, after notice to the State and an opportunity for a hearing, the Secretary determines that the State is not in compliance with such subsection, the Secretary shall reduce the amount of the allotment under such section for the State for the fiscal year involved by an amount equal to-- ``(1) in the case of the first applicable fiscal year, 10 percent of the amount determined under section 1933 for the State for the fiscal year; ``(2) in the case of the first fiscal year following such applicable fiscal year, 20 percent of the amount determined under section 1933 for the State for the fiscal year; ``(3) in the case of the second such fiscal year, 30 percent of the amount determined under section 1933 for the State for the fiscal year; and ``(4) in the case of the third such fiscal year or any subsequent fiscal year, 40 percent of the amount determined under section 1933 for the State for the fiscal year. ``(d) Definition.--For purposes of this section, the term `first applicable fiscal year' means-- ``(1) fiscal year 2000, in the case of any State described in subsection (b); and ``(2) fiscal year 1999, in the case of any other State.''. SEC. 4. USE OF FUNDS UNDER BYRNE GRANT PROGRAM FOR CHILD PROTECTION. Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751) is amended-- (1) by striking ``and'' at the end paragraph (25); (2) by striking the period at the end of paragraph (26) and adding ``; and''; and (3) by adding at the end the following: ``(27) enforcing child abuse and neglect laws and programs designed to prevent child abuse and neglect.''. SEC. 5. INCREASE IN SET ASIDE FOR CHILD ABUSE VICTIMS UNDER THE VICTIMS OF CRIME ACT OF 1984. Section 1402(d)(2) of the Victims of Crime Act of 1984 is amended by striking ``$10,000,000'' and inserting ``$20,000,000''. SEC. 6. STUDY AND REPORT RELATING TO EXTENT OF REPORTING REQUIREMENTS UNDER CHILD ABUSE AND NEGLECT LAWS AND FOSTER CARE AND ADOPTION ASSISTANCE LAWS. (a) Study.--The Comptroller General of the United States shall conduct a study on the number and type of reporting requirements under-- (1) the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq. and other Federal laws relating to child abuse and neglect, including all regulations established under such Act and other laws; and (2) part E of title IV of the Social Security Act (relating to foster care and adoption assistance), including all regulations established under such part. (b) Report by Comptroller General.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Comptroller General of the United States shall prepare and submit to the Congress and the Secretary of Health and Human Services a report containing-- (A) the results of the study conducted under subsection (a); and (B) recommendations for reducing the number of reporting requirements described in subsection (a). (2) Availability.--The Comptroller General shall make the report available to appropriate State and local agencies and to the public. (c) Analysis of Report by Secretary of Health and Human Services.-- (1) In general.--The Secretary of Health and Human Services shall conduct an analysis of the report of the Comptroller General of the United States under subsection (b). Such analysis shall include appropriate recommendations, if any, of the Secretary for reducing the number of reporting requirements described in subsection (a). (2) Submission.--Not later than 90 days after the date on which the Secretary of Health and Human Services receives the report of the Comptroller General of the United States described in subsection (b), the Secretary shall submit to the Congress the analysis described in paragraph (1). SEC. 7. SENSE OF THE CONGRESS REGARDING INCREASED FUNDING FOR CHILD ADVOCACY CENTERS. It is the sense of the Congress that-- (1) child advocacy centers play a vital role in interviewing, treating, and assisting victims of child abuse; (2) such centers are often responsible for intervening in a number of potentially dangerous domestic violence situations and thus preventing such violence or other incidents; and (3) it is appropriate to increase funding for such child advocacy centers under title II of the Victims of Child Abuse Act of 1990.

Summary: Child Abuse and Neglect Enforcement Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to provide for a ten percent reduction of drug control and system improvement (Byrne) grants to States that do not have in effect throughout the State a law requiring that a designated law enforcement agency make available to child protective and child welfare workers timely criminal conviction information and protection orders based on a claim of domestic or child abuse to the same extent as such information is made available to law enforcement officers in such State. Sets forth provisions regarding redistribution of funds. Directs the Attorney General to issue regulations to ensure compliance. (Sec. 3) Amends title XIX of the Public Health Service Act to authorize the Secretary of Health and Human Services, for FY 1999 and subsequent fiscal years, to make a grant to a State for prevention and treatment of substance abuse only if such State requires by law or regulation that: (1) each newborn infant born in the State be tested for physical dependence on any drug, fetal alcohol syndrome, fetal alcohol effects, the presence of alcohol, and the presence of drugs that are associated with substance abuse; and (2) if the newborn tests positive under any such test, the principal State or local agency with responsibility for the protection of children be notified. Sets forth provisions regarding: (1) delayed applicability for certain States; and (2) reduction of a State's allotment for noncompliance. (Sec. 4) Amends: (1) the Safe Streets Act to authorize the use of Byrne grants to enforce child abuse and neglect laws and programs; and (2) the Victims of Crime Act of 1984 to increase the set aside for child abuse victims. (Sec. 6) Directs the Comptroller General of the United States to study and report to the Congress and the Secretary on reporting requirements under Federal laws relating to child abuse and neglect and under provisions of the Social Security Act relating to foster care and adoption assistance. Requires the Secretary to conduct an analysis of such report, including any appropriate recommendations for reducing the number of reporting requirements, and submit such analysis to the Congress within 90 days. (Sec. 7) Expresses the sense of the Congress that: (1) child advocacy centers play a vital role in interviewing, treating, and assisting victims of child abuse; (2) such centers are often responsible for intervening in a number of potentially dangerous domestic violence situations and thus preventing such violence or other incidents; and (3) it is appropriate to increase funding for such centers under the Victims of Child Abuse Act of 1990.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers Credit Protection Act''. SEC. 2. NOTICE OF DEPLOYMENT REQUIRED. (a) In General.--The Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by adding at the end the following new title: ``TITLE VIII--NOTICE OF DEPLOYMENT ``SEC. 801. NOTICE TO CONSUMER REPORTING AGENCIES. ``(a) In General.--In the case of the deployment of a servicemember away from the usual duty station of the servicemember to duty for which the servicemember is entitled to special pay under section 310(a) of title 37, United States Code, the Secretary shall-- ``(1) notify each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis of the deployment of the servicemember within 30 days after the deployment, together with such information as may be necessary to permit such consumer reporting agency to comply with section 605C of the Fair Credit Reporting Act with respect to the servicemember; and ``(2) notify each such consumer reporting agency when the notice under paragraph (1) ceases to apply with respect to such servicemember within 30 days after the end of the deployment. ``(b) Administrative Action.--The Secretary shall consult with each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis and take such action as may be appropriate to ensure that the Secretary and such consumer reporting agency can comply with the requirements of this section and section 605C of the Fair Credit Reporting Act in a timely manner. ``(c) Definition.--For purposes of this section, the term `consumer reporting agency that compiles and maintains files on consumers on a nationwide basis' has the meaning given to such term in section 603(p) of the Fair Credit Reporting Act. ``SEC. 802. INCREASE IN PENALTIES FOR CERTAIN VIOLATIONS INVOLVING SERVICEMEMBERS DEPLOYED TO AN OVERSEAS COMBAT ZONE. ``(a) In General.--In the case of any person who is subject to a penalty under section 301(c)(1), 302(b)(1), 303(d)(1), 305(h)(1), 306(e)(1), or 307(e)(1) in a case involving a servicemember whose consumer report, at the time of the violation giving rise to such person's liability for the penalty, contains a combat zone duty alert, such section shall be applied by substituting `not more than 3 years' for `not more than one year'. ``(b) Definitions.--For purposes of subsection (a), the terms `combat zone duty alert' and `consumer report' have the same meanings as in section 603 of the Fair Credit Reporting Act.''. (b) Clerical Amendment.--The table of contents for the Servicemembers Civil Relief Act (50 U.S.C App. 501 et seq.) is amended by inserting after the item relating to section 706 the following new items: ``TITLE VIII--NOTICE OF DEPLOYMENT ``Sec. 801. Notice to consumer reporting agencies. ``Sec. 802. Increase in penalties for certain violations involving servicemembers deployed to an overseas combat zone.''. SEC. 3. NOTATIONS IN CONSUMER FILES OF SERVICEMEMBERS. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B the following new section: ``Sec. 605C. Combat zone duty alert ``(a) In General.--Each consumer reporting agency described in section 603(p) that receives a notice under section 801(a)(1) of the Servicemembers Civil Relief Act from the Secretary of Defense with respect to a consumer who is a servicemember (as defined in section 101(1) of such Act) shall-- ``(1) include a combat zone duty alert in the file of that consumer, and also provide that alert along with any credit score generated in using that file, until notified by the Secretary of Defense that such consumer no longer qualifies for such alert; and ``(2) during the period such alert is in effect, exclude the consumer from any list of consumers prepared by the consumer reporting agency and provided to any third party to offer credit or insurance to the consumer as part of a transaction that was not initiated by the consumer. ``(b) Information on Consumer's Rights Required To Be Included.-- The combat zone duty alert included in any consumer's file pursuant to subsection (a) shall include a summary of the rights of the consumer under the Servicemembers Civil Relief Act and the duties of creditors and other persons under such Act to the consumer. ``(c) Notice to Furnishers of Adverse Information.--If any person, including another consumer reporting agency, furnishes adverse information to a consumer reporting agency described in section 603(p) with respect to a consumer whose file includes a combat zone duty alert under subsection (a)(1), the consumer reporting agency shall notify such person of the existence of the combat zone duty alert in the file of such consumer together with the summary of rights and duties described in subsection (b). ``(d) Duty of Reseller To Reconvey Alert.--A reseller shall include in its report any combat zone duty alert placed in the file of a consumer pursuant to this section by another consumer reporting agency. ``(e) Procedures.--Each consumer reporting agency described in section 603(p) shall establish policies and procedures to comply with this section and shall cooperate with the Secretary of Defense in establishing such procedures to ensure effective compliance with the requirements of this section. ``(f) Notice From Secretary.--This section shall cease to apply to with respect to any consumer as of the date the consumer reporting agency described in section 603(p) receives a notice from the Secretary of Defense under section 801(a)(2) relating to such consumer.''. (b) Definitions.-- (1) In general.--Subsection (q) of section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a(q)) is amended by adding at the end the following new paragraph: ``(6) Combat zone duty alert.--The term `combat zone duty alert' means a statement in the file of a consumer that-- ``(A) notifies all prospective users of a consumer report relating to the consumer that the consumer is serving as a servicemember in a combat zone and includes any information required under section 605C; and ``(B) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph (A) by any person requesting such consumer report.''. (2) Technical and conforming amendment.--The heading for subsection (q) of section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a(q)) is amended by inserting ``and Military'' after ``to Fraud''. (c) Clerical Amendment.--The table of sections for title VI of the Consumer Credit Protection Act is amended by inserting after the item relating to section 605B the following new item: ``605C. Combat zone duty alert.''.

Summary: Servicemembers Credit Protection Act - Amends the Servicemembers Civil Relief Act to direct the Secretary of Defense, in case of the deployment of a servicemember away from their usual duty station to duty for which the servicemember is entitled to special pay, to notify each consumer reporting agency (agency): (1) of the deployment of such servicemember within 30 days after the deployment; and (2) within 30 days after the end of such deployment. Requires the Secretary, in providing such notice, to take measures to ensure agency compliance with provisions of the Fair Credit Reporting Act with respect to the servicemember. Increases penalties for consumer credit reporting violations involving servicemembers deployed to an overseas combat zone. Amends the Fair Credit Reporting Act to require each agency that receives a combat zone duty alert from the Secretary with respect to a servicemember to: (1) include the alert in the file of that consumer and provide such alert along with any credit score, until notified by the Secretary that the consumer no longer qualifies for such alert; and (2) during the period of the alert, exclude the consumer from any list provided to a third party to offer credit or insurance to such consumer as part of a transaction not initiated by the consumer. Requires the combat zone duty alert included in any consumer's file to include a summary of the consumer's rights under the Servicemembers Civil Relief Act and the duties of creditors and other persons to the consumer.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Wildlife Without Borders Authorization Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) our Nation has a long-standing commitment to assisting other countries with the conservation of wildlife species and limited wildlife conservation resources, including trained wildlife professionals, are often unavailable in many foreign countries containing globally important biological resources; (2) conservation activities, both overseas and in neighboring countries, are required to meet the Federal Government's obligations under numerous international treaties, laws, agreements, and cooperative programs; (3) since 1989, the Wildlife Without Borders Program, an administratively-created program within the United States Fish and Wildlife Service, has provided wildlife conservation assistance throughout the world by developing locally-adapted wildlife management and conservation programs, in coordination with non-governmental organizations, governments, private businesses, and community leaders, in an effort to maintain global species diversity; (4) activities under the Wildlife Without Borders Program is responsible for implementation of over 800 conservation projects around the world that address grass-roots threats to numerous endangered species, habitats, and ecosystems and that complement the United States Fish and Wildlife Service's existing programs for African elephants, rhinoceros and tigers, Asian elephants, great apes, migratory birds, and marine turtles; (5) activities under the Wildlife Without Borders Program provide education, training, and outreach to strengthen capacity for habitat and wildlife conservation throughout the world and serve a key role in facilitating international dialogue; and (6) although the Secretary of the Interior is generally authorized to undertake partnering and capacity building activities, a specific authorization will reinforce our Nation's long-term commitment to the Wildlife Without Borders Program. (b) Purpose.--The purpose of this Act is to provide capacity building, outreach, education, and training assistance in endangered species and strategic habitat conservation to other nations by providing international wildlife management and conservation programs through the Wildlife Without Borders Program. SEC. 3. DEFINITIONS. In this Act: (1) Conservation.--The term ``conservation'' includes-- (A) the methods and procedures necessary to bring a species to the point at which there are sufficient populations in the wild to ensure that the species does not become extinct; and (B) all activities associated with protection and management of a species, including-- (i) maintenance, management, protection, and restoration of species habitat; (ii) research and monitoring; (iii) law enforcement; (iv) community outreach and education; (v) conflict resolution initiatives; and (vi) strengthening the capacity of local communities, government agencies, non- governmental organizations, and other institutions to implement conservation programs. (2) Fish or wildlife.--The term ``fish or wildlife'' means any member of the animal kingdom, including any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, or arthropod. (3) Plant.--The term ``plant'' mean any member of the plant kingdom, including seeds, roots, and other parts thereof. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Species.--The term ``species'' includes any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife. SEC. 4. WILDLIFE WITHOUT BORDERS PROGRAM. (a) In General.--The Secretary shall carry out the Wildlife Without Borders Program within the United States Fish and Wildlife Service to provide international wildlife conservation assistance through the initiation, facilitation, and promotion of locally adapted wildlife management and conservation programs in coordination with non- governmental organizations, governments, private businesses, and community leaders. Such program shall include, but shall not be limited to, partnership programs for grass roots capacity building, applied scientific conservation research, and wildlife management training. (b) Program Components.--The program authorized under this section shall include the following: (1) Species program.--A species program, which shall comprise administration of the programs and funds authorized by-- (A) the African Elephant Conservation Act of 1988 (16 U.S.C. 4201 et seq.); (B) the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.); (C) the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.); (D) the Great Ape Conservation Act of 2000 (16 U.S.C. 6301); (E) the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601); and (F) any similar, future authority provided to the Secretary and implemented by the Fish and Wildlife Service. (2) Regional program.--A regional program, which shall-- (A) address grass-roots conservation problems through a regional grants program focused on building in-country human and institutional capacity to achieve comprehensive conservation in a manner adapted to the particular needs of a partner country; (B) facilitate and guide delivery of other international United States Fish and Wildlife Service programs; and (C) coordinate, develop, and implement regional treaties, conventions, and accords, including regional coordination mechanisms, on behalf of the United States Fish and Wildlife Service. (3) Global program.--A global program, which shall, through programs under the jurisdiction of the secretary and that are implemented through the United States Fish and Wildlife Service-- (A) implement global habitat and conservation initiatives; and (B) address the international aspects of global conservation threats, such as invasive species and wildlife disease. (c) Coordination.--The Secretary shall operate the program components authorized under this section in a coordinated fashion to ensure efficient and cost-effective implementation. (d) Additional Components.--The Secretary may include such additional components in the program authorized under this section as the Secretary considers appropriate. SEC. 5. ACCEPTANCE AND USE OF DONATIONS. In administering the Wildlife Without Borders Program, the Secretary may accept donations of funds and to use such funds for capacity building, grants, and other on-the-ground uses carried out by the program components authorized under paragraphs (2) and (3) of section 4. SEC. 6. FEDERAL ADVISORY COMMITTEE ACT. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any advisory committees established under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act there is authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2009 through 2013.

Summary: Wildlife Without Borders Authorization Act - Directs the Secretary of the Interior to carry out a Wildlife Without Borders Program within the U.S. Fish and Wildlife Service to provide international wildlife conservation assistance through the initiation, facilitation, and promotion of locally adapted wildlife management and conservation programs in coordination with non-governmental organizations, governments, private businesses, and community leaders. Specifies the species, regional, and global program components that shall be included in the Wildlife Without Borders Program. Permits the Secretary, in the administration of the Wildlife Without Borders Program, to accept donated funds and to use them for capacity building, grants, and other on-the-ground uses carried out under the regional and global program components authorized by this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Victims of State Sponsored Terrorism Act''. SEC. 2. TERRORISM EXCEPTION TO IMMUNITY. (a) In General.--Chapter 97 of title 28, United States Code, is amended by inserting after section 1605 the following: ``Sec. 1605A. Terrorism exception to the jurisdictional immunity of a foreign state ``(a) In General.-- ``(1) No immunity.--A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources (as defined in section 2339A of title 18) for such an act if such act or provision of material support is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency. ``(2) Claim heard.--The court shall hear a claim under this section if-- ``(A) the foreign state was designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) at the time the act occurred, unless later designated as a result of such act; ``(B) the claimant or the victim was-- ``(i) a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); ``(ii) a member of the Armed Forces of the United States (as that term is defined in section 976 of title 10); or ``(iii) otherwise an employee of the government of the United States or one of its contractors acting within the scope of their employment when the act upon which the claim is based occurred; or ``(C) where the act occurred in the foreign state against which the claim has been brought, the claimant has afforded the foreign state a reasonable opportunity to arbitrate the claim in accordance with the accepted international rules of arbitration. ``(b) Definition.--For purposes of this section-- ``(1) the terms `torture' and `extrajudicial killing' have the meaning given those terms in section 3 of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note); ``(2) the term `hostage taking' has the meaning given that term in Article 1 of the International Convention Against the Taking of Hostages; and ``(3) the term `aircraft sabotage' has the meaning given that term in Article 1 of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation. ``(c) Time Limit.--An action may be brought under this section if the action is commenced not later than the latter of-- ``(1) 10 years after April 24, 1996; or ``(2) 10 years from the date on which the cause of action arose. ``(d) Private Right of Action.--A private cause of action may be brought against a foreign state designated under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 2405(j)), and any official, employee, or agent of said foreign state while acting within the scope of his or her office, employment, or agency which shall be liable to a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)), a member of the Armed Forces of the United States (as that term is defined in section 976 of title 10), or an employee of the government of the United States or one of its contractors acting within the scope of their employment or the legal representative of such a person for personal injury or death caused by acts of that foreign state or its official, employee, or agent for which the courts of the United States may maintain jurisdiction under this section for money damages which may include economic damages, solatium, pain, and suffering, and punitive damages if the acts were among those described in this section. A foreign state shall be vicariously liable for the actions of its officials, employees, or agents. ``(e) Additional Damages.--After an action has been brought under subsection (d), actions may also be brought for reasonably foreseeable property loss, whether insured or uninsured, third party liability, and life and property insurance policy loss claims. ``(f) Special Masters.-- ``(1) In general.--The Courts of the United States may from time to time appoint special masters to hear damage claims brought under this section. ``(2) Transfer of funds.--The Attorney General shall transfer, from funds available for the program under sections 1404C of the Victims Crime Act of 1984 (42 U.S.C. 10603c) to the Administrator of the United States District Court in which any case is pending which has been brought pursuant to section 1605(a)(7) such funds as may be required to carry out the Orders of that United States District Court appointing Special Masters in any case under this section. Any amount paid in compensation to any such Special Master shall constitute an item of court costs. ``(g) Appeal.--In an action brought under this section, appeals from orders not conclusively ending the litigation may only be taken pursuant to section 1292(b) of this title. ``(h) Property Disposition.-- ``(1) In general.--In every action filed in a United States district court in which jurisdiction is alleged under this section, the filing of a notice of pending action pursuant to this section, to which is attached a copy of the complaint filed in the action, shall have the effect of establishing a lien of lis pendens upon any real property or tangible personal property located within that judicial district that is titled in the name of any defendant, or titled in the name of any entity controlled by any such defendant if such notice contains a statement listing those controlled entities. ``(2) Notice.--A notice of pending action pursuant to this section shall be filed by the clerk of the district court in the same manner as any pending action and shall be indexed by listing as defendants all named defendants and all entities listed as controlled by any defendant. ``(3) Enforceability.--Liens established by reason of this subsection shall be enforceable as provided in chapter 111 of this title.''. (b) Amendment to Chapter Analysis.--The chapter analysis for chapter 97 of title 28, United States Code, is amended by inserting after the item for section 1605 the following: ``1605A. Terrorism exception to the jurisdictional immunity of a foreign state.''. SEC. 3. CONFORMING AMENDMENTS. (a) Property.--Section 1610 of title 28, United States Code, is amended by adding at the end the following: ``(g) Property in Certain Actions.-- ``(1) In general.--The property of a foreign state, or agency or instrumentality of a foreign state, against which a judgment is entered under this section, including property that is a separate juridical entity, is subject to execution upon that judgment as provided in this section, regardless of-- ``(A) the level of economic control over the property by the government of the foreign state; ``(B) whether the profits of the property go to that government; ``(C) the degree to which officials of that government manage the property or otherwise control its daily affairs; ``(D) whether that government is the sole beneficiary in interest of the property; or ``(E) whether establishing the property as a separate entity would entitle the foreign state to benefits in United States courts while avoiding its obligations. ``(2) United states sovereign immunity inapplicable.--Any property of a foreign state, or agency or instrumentality of a foreign state, to which paragraph (1) applies shall not be immune from execution upon a judgment entered under this section because the property is regulated by the United States Government by reason of action taken against that foreign state under the Trading With the Enemy Act or the International Emergency Economic Powers Act.''. (b) Victims of Crime Act.--Section 1404C(a)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended by striking ``December 21, 1988, with respect to which an investigation or'' and inserting ``October 23, 1983, with respect to which an investigation or civil or criminal''. (c) General Exception.--Section 1605 of title 28, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (5)(B), by inserting ``or'' after the semicolon; (B) in paragraph (6)(D), by striking ``; or'' and inserting a period; and (C) by striking paragraph (7); and (2) by striking subsections (e) and (f). SEC. 4. APPLICATION TO PENDING CASES. (a) In General.--The amendments made by this Act shall apply to any claim arising under section 1605A or 1605(g) of title 28, United States Code, as added by this Act. (b) Prior Actions.--Any judgment or action brought under section 1605(a)(7) of title 28, United States Code, or section 101(c) of Public Law 104-208 after the effective date of such provisions relying on either of these provisions as creating a cause of action, which has been adversely affected on the grounds that either or both of these provisions fail to create a cause of action opposable against the state, and which is still before the courts in any form, including appeal or motion under Federal Rule of Civil Procedure 60(b), shall, on motion made to the Federal District Court where the judgment or action was initially entered, be given effect as if it had originally been filed pursuant to section 1605A(d) of title 28, United States Code. The defenses of res judicata, collateral estoppel and limitation period are waived in any re-filed action described in this paragraph and based on the such claim. Any such motion or re-filing must be made not later than 60 days after enactment of this Act.

Summary: Justice for Victims of State Sponsored Terrorism Act - Amends the federal judicial code to expand the rights of victims of state-sponsored terrorism by: (1) denying foreign states that support terrorism immunity from the jurisdiction of U.S. courts for cases involving personal injury or death related to the terrorist activities of its officials, employees, or agents; (2) allowing certain nationals of the United States, members of the Armed Forces, and federal employees or contractors a private cause of action against a foreign state designated as a state sponsor of terrorism; (3) making foreign states vicariously liable for the actions of their officials, employees, or agents; (4) limiting appeals in cases against foreign states involving terrorist-related injuries; and (5) establishing a pending lien against property of a foreign state sponsor of terrorism upon the initiation of legal action in the United States against such state.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Excess Prevention Act of 2011''. SEC. 2. LIMITATION ON GOVERNMENT PRINTING COSTS. Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall coordinate with the heads of Federal departments and independent agencies to-- (1) determine which Government publications could be available on Government websites and no longer printed and to devise a strategy to reduce overall Government printing costs over the 10-year period beginning with fiscal year 2012, except that the Director shall ensure that essential printed documents prepared for Social Security recipients, Medicare beneficiaries, and other populations in areas with limited Internet access or use continue to remain available; (2) establish government-wide Federal guidelines on employee printing; (3) issue on the Office of Management and Budget's public website the results of a cost-benefit analysis on implementing a digital signature system and on establishing employee printing identification systems, such as the use of individual employee cards or codes, to monitor the amount of printing done by Federal employees; except that the Director of the Office of Management and Budget shall ensure that Federal employee printing costs unrelated to national defense, homeland security, border security, national disasters, and other emergencies do not exceed $860,000,000 annually; and (4) issue guidelines requiring every department, agency, commission, or office to list at a prominent place near the beginning of each publication distributed to the public and issued or paid for by the Federal Government-- (A) the name of the issuing agency, department, commission, or office; (B) the total number of copies of the document printed; (C) the collective cost of producing and printing all of the copies of the document; and (D) the name of the firm publishing the document. SEC. 3. LIMITATION OF GOVERNMENT TRAVEL COSTS. (a) In General.--Notwithstanding any other provision of law, the total amount which is paid or reimbursed by an agency under subchapter I of chapter 57 of title 5, United States Code (relating to travel and subsistence expenses; mileage allowances for official travel by Federal employees) may not, for any of the 5 fiscal years beginning after the date of enactment of this Act, exceed 50 percent of the total amount so paid or reimbursed by such agency for the fiscal year in which such date of enactment occurs. (b) Exceptions.--For purposes of carrying out subsection (a), there shall not be taken into account the amounts paid or reimbursed for-- (1) any subsistence or travel expenses for threatened law enforcement personnel, as described in section 5706a of title 5, United States Code; or (2) any other expenses for which an exception is established under subsection (c) for reasons relating to national security or public safety. (c) Regulations.--Any regulations necessary to carry out this section shall, in consultation with the Director of the Office of Management and Budget, be prescribed by the same respective authorities as are responsible for prescribing regulations under section 5707 of title 5, United States Code. SEC. 4. REDUCTION IN FEDERAL VEHICLE COSTS. Notwithstanding any other provision of law-- (1) of the amounts made available to the General Services Administration for the acquisition of new vehicles for the Federal fleet for fiscal year 2011 and remaining unobligated as of the date of enactment of this Act, an amount equal to 20 percent of all such amounts is rescinded; (2) for fiscal year 2012 and each fiscal year thereafter-- (A) the amount made available to the General Services Administration for the acquisition of new vehicles for the Federal fleet shall not exceed an amount equal to 80 percent of the amount made available for the acquisition of those vehicles for fiscal year 2011 (before application of paragraph (1)); and (B) the number of new vehicles acquired by the General Services Administration for the Federal fleet shall not exceed a number equal to 50 percent of the vehicles so acquired for fiscal year 2011; and (3) any amounts made available under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) for the acquisition of new vehicles for the Federal fleet shall be disregarded for purposes of determining the baseline.

Summary: Government Excess Prevention Act of 2011 - Directs the Director of the Office of Management and Budget (OMB) to coordinate with federal agencies to: (1) determine which government publications could be published on government websites and devise a strategy to reduce government printing costs over the 10-year period beginning with FY2012, (2) issue on OMB's public website the results of a cost-benefit analysis for monitoring government printing, and (3) establish guidelines on employee printing and for disclosing the cost of printing government publications. Imposes limitations on government travel and subsistence expenses, except for expenses incurred for threatened law enforcement personnel and for other expenses related to national security or public safety. Rescinds in FY2011 20% of the funding for the acquisition of new vehicles for the federal fleet by the General Services Administration (GSA). Imposes limitations on such funding in FY2012 and subsequent fiscal years.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Employers Financial Literacy Act''. SEC. 2. CREDIT AGAINST INCOME TAX FOR SMALL BUSINESSES WHICH PROVIDE CONTINUING FINANCIAL EDUCATION TO EMPLOYEES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45O. SMALL BUSINESSES PROVIDING CONTINUING FINANCIAL EDUCATION TO EMPLOYEES. ``(a) In General.--In the case of an eligible small business, the continuing financial education credit determined under this section is an amount equal to 35 percent of the continuing financial education expenses paid or incurred by the taxpayer during the taxable year. ``(b) Eligible Small Business.--For purposes of this section, the term `eligible small business' means any small business which provides without charge a qualified continuing financial education program to its employees throughout the taxable year. ``(c) Qualified Continuing Financial Education Program.--For purposes of this section-- ``(1) In general.--The term `qualified continuing financial education program' means any educational program or services-- ``(A) which is provided by a community-based budget and counseling agency which is described in section 501(c)(3) and exempt from tax under section 501(a), ``(B) which promotes consumer understanding of consumer, economic, and personal finance issues and concepts, including saving for retirement, managing credit, long-term care, estate planning and education on predatory lending, identity theft, and financial abuse schemes, ``(C) which is offered to all employees of the taxpayer who have at least 2 weeks of service with the employer, and ``(D) which is offered during-- ``(i) at least 24 hours of each month if the taxpayer is a corporation, or ``(ii) at least 16 hours of each month in any other case. ``(d) Small Business.--For purposes of this section-- ``(1) In general.--The term `small business' means, with respect to any taxable year, any employer if-- ``(A) such employer employed an average of at least 2 but not more than 50 employees on business days during the most recent calendar year ending before such taxable year, and ``(B) such employer employed at least 2 employees on the first day of the taxable year. ``(2) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the calendar year referred to in paragraph (1), the determination under paragraph (1) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the taxable year. ``(3) Special rules.-- ``(A) Controlled groups.--For purposes of this subsection, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. ``(B) Predecessors.--Any reference in this subsection to an employer shall include a reference to any predecessor of such employer.''. (b) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end the following new subsection: ``(f) Credit for Small Businesses Providing Continuing Financial Education to Employees.--No deduction shall be allowed for that portion of the expenses paid or incurred during the taxable year which is equal to the credit determined for the taxable year under sections 45O(a). In the case of persons treated as a single employer under section 45O(d)(3)(A), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subsections (a) and (b) of section 52.''. (c) Credit To Be Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) in the case of an eligible small business (as defined in section 45O(d)), the continuing financial education credit under section 40O(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 40O. Small businesses providing continuing financial education to employees.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 3. PREFERENCE IN FEDERAL CONTRACTS, LOANS, AND OTHER ASSISTANCE FOR SMALL BUSINESSES AND CORPORATIONS PROVIDING CONTINUING FINANCIAL EDUCATION TO EMPLOYEES. (a) Preference.--In the case of any Federal contract or any Federal financial or nonfinancial assistance, an eligible small business or an eligible corporation shall be given a preference when submitting a bid or proposal for the contract or applying for such assistance. (b) Definitions.--In this section: (1) Eligible small business.--The term ``eligible small business'' has the meaning provided in section 45O(b) of the Internal Revenue Code of 1986. (2) Eligible corporation.--The term ``eligible corporation'' means any corporation-- (A) that employs 50 or more employees; and (B) that provides without charge a qualified continuing financial education program to its employees throughout the taxable year. (3) Qualified continuing financial education program.--The term ``qualified continuing financial education program'' has the meaning provided in section 45O(c) of the Internal Revenue Code of 1986. (4) Federal financial or nonfinancial assistance.--The term ``Federal financial or nonfinancial assistance'' means-- (A) all programs and activities involving Federal financial and nonfinancial assistance and benefits, as covered by Executive Order No. 12549 and guidelines implementing that order; and (B) procurement programs and activities, including Federal contracts for the procurement of goods or services. (c) Effective Date.--The preference required under subsection (a) shall be applied beginning on January 1, 2010.

Summary: Employers Financial Literacy Act - Amends the Internal Revenue Code to allow small business taxpayers a tax credit for up to 35% of the costs of providing continuing financial education to their employees. Grants a preference to such small businesses in the awarding of federal contracts or assistance.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Poverty Trap Study Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Low income people are subject to many taxes, including the Federal income tax, payroll taxes, and State income taxes. In addition, eligibility for many Federal and State programs for assistance to the working poor, such as the earned income tax credit, food stamps, housing assistance programs, medicaid, child care assistance, and the women, infants, and children (WIC) nutrition program is based in part on income levels. The rates at which the benefits from such programs are phased out have the same effect as additional taxes imposed on the beneficiaries. (2) The total effective marginal rate of tax for additional income earned by low income people can exceed 100 percent and can be a disincentive to working more hours, getting a raise, learning a more lucrative trade, getting married, or engaging in other economic or social activities. SEC. 3. NATIONAL COMMISSION ON MARGINAL TAX RATES FOR THE WORKING POOR. (a) Establishment.--There is established a commission to be known as the National Commission on Marginal Tax Rates for the Working Poor (in this section referred to as the ``Commission''). (b) Duties of the Commission.--The Commission shall-- (1) determine the total effective marginal rate of tax from all taxes and benefit program phaseouts that persons are subject to (both as individuals and as married couples) at all earnings levels between $7,000 and $30,000 per year for at least 5 States, including Wisconsin and California; and (2) submit the report required under subsection (f) to Congress. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 12 members, of whom-- (A) 3 shall be appointed by the Speaker of the House of Representatives; (B) 2 shall be appointed by the Minority Leader of the House of Representatives; (C) 3 shall be appointed by the Majority Leader of the Senate; (D) 2 shall be appointed by the Minority Leader of the Senate; and (E) 2 shall be appointed by the President. (2) Chairman.--The members of the Commission shall elect a chairman of the Commission at its first meeting. (3) Background.--At least half of the members appointed by each person who appoints members under paragraph (1) shall be recognized experts from think tanks or academia in the subject matter reviewed by the Commission. (4) Terms of appointment.--The term of any appointment under paragraph (1) to the Commission shall be for the life of the Commission. (5) Meetings.--The President shall designate a member of the Commission to call the first meeting of the Commission. Thereafter, the Commission shall meet at the call of its Chairman or a majority of its members. (6) Quorum.--A quorum shall consist of 7 members of the Commission. (7) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made, not later than 30 days after the Commission is given notice of the vacancy, and shall not affect the power of the remaining members to execute the duties of the Commission. (8) Compensation.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (9) Expenses.--Each member of the Commission shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (d) Staff and Support Services.-- (1) Executive director.-- (A) Appointment.--The Chairman shall appoint an executive director of the Commission. (B) Compensation.--The executive director shall be paid the rate of basic pay for level V of the Executive Schedule. (2) Staff.--With the approval of the Commission, the executive director may appoint such personnel as the executive director considers appropriate. (3) Applicability of civil service laws.--The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates). (4) Experts and consultants.--With the approval of the Commission, the executive director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (5) Physical facilities.--The Administrator of General Services shall locate suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for the proper functioning of the Commission. (e) Powers of Commission.-- (1) Hearings and other activities.--For the purpose of carrying out its duties, the Commission may hold such hearings and undertake such other activities as the Commission determines to be necessary to carry out its duties. (2) Studies by gao.--Upon the request of the Commission, the Comptroller General shall conduct such studies or investigations as the Commission determines to be necessary to carry out its duties. (3) Detail of federal employees.--Upon the request of the Commission, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (4) Technical assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. (5) Use of mails.--The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (6) Obtaining information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out its duties, if the information may be disclosed under section 552 of title 5, United States Code. Upon request of the Chairman of the Commission, the head of such agency shall furnish such information to the Commission. (7) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (8) Printing.--For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress. (f) Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall submit to Congress a report containing-- (1) the Commission's findings; and (2) recommendations for resolving any economic and other disincentives found by the Commission caused by the marginal tax rates to which the working poor are subject. (g) Termination.--The Commission shall terminate 30 days after the date of submission of the report required in subsection (f). Section 14(a)(2)(B) of the Federal Advisory Committee Act shall not apply to the Commission. (h) Limitations on Authorization of Appropriations.--There are authorized to be appropriated not more than $900,000 to carry out this section.

Summary: Poverty Trap Study Act of 2001 - Establishes the National Commission on Marginal Tax Rates for the Working Poor to: (1) determine the total effective marginal rate of tax from all taxes and benefit program phaseouts that persons are subject to at all earnings levels between $7,000 and $30,000 per year for at least five States, including Wisconsin and California; and (2) report to Congress. Authorizes appropriations. Terminates the Commission 30 days after the submission of its report.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for America's Servicemen and Women in Higher Education Act of 2003''. SEC. 2. REFUND POLICY. Section 484B(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1091b(b)(2)) is amended by adding at the end the following: ``(D) Students on active duty during a war or national emergency.--Notwithstanding subparagraphs (A), (B), and (C), a student who withdraws from an institution of higher education to serve on active duty during a war or national emergency shall not be required to repay any grant assistance that is otherwise required to be repayed under this section.''. SEC. 3. DEFERMENT DURING ACTIVE DUTY. (a) FFEL Subsidized Loans.--Section 428(b)(1)(M) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended-- (1) in clause (ii), by striking ``or'' after the semicolon; (2) in clause (iii), by inserting ``or'' after the semicolon; and (3) by inserting after clause (iii) the following: ``(iv) during which the borrower-- ``(I) is a member of a regular component on active duty during a war or during a national emergency declared by the President or Congress, and receives compensation described in section 112(a) of the Internal Revenue Code of 1986; ``(II) is on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12306, 12307, or 12406, or chapter 15 of title 10, United States Code, or any other provision of law, during a war or during a national emergency declared by the President or Congress, regardless of the location at which such active duty service is performed; or ``(III) in the case of a member of the National Guard, is on full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 12402 of title 10, United States Code, or section 502(f) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds.''. (b) Direct Subsidized Loans.--Section 455(f)(2) of such Act (20 U.S.C. 1087e(f)(2)) is amended-- (1) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (2) by adding at the end the following new subparagraph: ``(D) during which the borrower-- ``(i) is a member of a regular component on active duty during a war or during a national emergency declared by the President or Congress, and receives compensation described in section 112(a) of the Internal Revenue Code of 1986; ``(ii) is on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12306, 12307, or 12406, or chapter 15 of title 10, United States Code, or any other provision of law, during a war or during a national emergency declared by the President or Congress, regardless of the location at which such active duty service is performed; or ``(iii) in the case of a member of the National Guard, is on full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 12402 of title 10, United States Code, or section 502(f) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds.''. (c) Consolidation Loans.--Section 428C(b)(4)(C)(ii) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(4)(C)(ii)) is amended-- (1) in subclause (II), by striking ``or'' after the semicolon; (2) in subclause (III), by striking ``or (II)'' and inserting ``, (II) or (III)''; (3) by redesignating subclause (III) (as so amended) as subclause (IV); and (4) by inserting after subclause (II) the following: ``(III) by the Secretary, in the case of a consolidation loan of a student who is on an active duty deferment under section 428(b)(1)(M)(iv); or''. (d) FFEL Unsubsidized Loans.--Section 428H(e) of the Higher Education Act of 1965 (20 U.S.C. 1078-8(e)) is amended by adding at the end the following: ``(C) Notwithstanding subparagraph (A), interest on loans made under this section for which payments of principal are deferred because the student is on an active duty deferment under section 428(b)(1)(M)(iv) shall be paid by the Secretary.''. (e) Direct Unsubsidized Loans.--Section 455(f) of such Act (20 U.S.C. 1087e(f)) is amended by adding at the end the following: ``(5) Interest during active duty deferments.-- Notwithstanding paragraph (1)(B), interest on loans under this part for which payments of principal are deferred because the student is on an active duty deferment under paragraph (2)(D) shall be paid by the Secretary.''. (f) Perkins Loans.--Section 464(c)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is amended-- (1) in clause (iii), by striking ``or'' after the semicolon; (2) in clause (iv), by inserting ``or'' after the semicolon; and (3) by inserting after clause (iv) the following: ``(v) during which the borrower-- ``(I) is a member of a regular component on active duty during a war or during a national emergency declared by the President or Congress, and receives compensation described in section 112(a) of the Internal Revenue Code of 1986; ``(II) is on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12306, 12307, or 12406, or chapter 15 of title 10, United States Code, or any other provision of law, during a war or during a national emergency declared by the President or Congress, regardless of the location at which such active duty service is performed; or ``(III) in the case of a member of the National Guard, is on full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 12402 of title 10, United States Code, or section 502(f) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds.''. (g) Effective Date.--The amendments made by this section shall apply with respect to loans for which the first disbursement is made on or after July 1, 1993, to an individual who is a new borrower (within the meaning of section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) on or after such date.

Summary: Fairness for America's Servicemen and Women in Higher Education Act of 2003 - Amends the Higher Education Act of 1965 (HEA) to revise title IV student loan and grant assistance repayment provisions with respect to individuals who serve on active duty during a war or national emergency.Exempts students who withdraw from higher education institutions to serve on active duty during a war or national emergency from requirements to repay certain title IV grant assistance.Defers repayments of principal, and directs the Secretary of Education to make interest payments, on specified types of student loans during a war or national emergency when a borrower is: (1) a member of a regular component on active duty, and receives specified compensation; (2) on active duty, regardless of the location at which such active duty service is performed; or (3) on full-time National Guard duty under a call to active service for a period of more than 30 consecutive days to respond to a national emergency.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Assured Food Safety Act of 2007''. SEC. 2. CERTIFICATE OF ASSURED SAFETY PROGRAM. (a) Program.--The Secretary of Agriculture and the Commissioner of Food and Drugs shall jointly establish a program to require all food items imported into the United States to bear a certificate of assured safety issued by the government of the country from which the item is imported. In conducting such program, the Secretary and the Commissioner shall-- (1) establish requirements for a food item to be issued a certificate of assured safety by the government of the country from which the food item is to be imported into the United States; and (2) prohibit a food item that does not bear a certificate of assured safety from being imported into the United States. (b) Exemptions.--The Secretary and the Commissioner may exempt from the requirements of the program established under subsection (a) a food item that is imported-- (1) from a country that has not been the source of a contaminated food item resulting in a significant health or safety recall in the preceding 5 years, as determined by-- (A) in the case of meat and poultry food items, the Secretary; and (B) in the case of all other food items, the Commissioner; or (2) in a de minimis volume, as determined by-- (A) in the case of meat and poultry food items, the Secretary; and (B) in the case of all other food items, the Commissioner. (c) Failure To Provide Assured Level of Safety.-- (1) Prohibition.--If a food item fails to provide the level of safety assured in the certificate required under this section for such item, the Secretary and the Commissioner shall prohibit the importation of any food item that is the same type of food, is produced by the same person, and is produced in the same country until the Secretary or the Commissioner, as appropriate-- (A) is given an opportunity to inspect the place of production of the food to determine whether appropriate corrections have been made; and (B) determines that such country has taken sufficient steps to identify and correct the failure. (2) Heightened inspection.--For a period of 3 years after removing a prohibition against importation of a food item described in paragraph (1), the Secretary and the Commissioner shall require a heightened inspection of any such food item to provide reasonable assurance to consumers of their safety. SEC. 3. REPORTS. (a) Food Items Subject to Recalls.--Not later than February 15 of each year, the Secretary and the Commissioner shall jointly submit to Congress a report containing-- (1) the volume of imported food items subject to recalls; and (2) the volume of recoveries of such imported food items. (b) Sufficiency of Food Safety.--Not later than 3 years after the date of the enactment of this Act, and every 3 years thereafter, the Secretary and the Commissioner shall jointly conduct a study and submit a report to the Congress on the sufficiency of food safety and improved food safety technologies. (c) Amount of Food Inspection.-- (1) Study.--The Secretary and the Commissioner shall jointly conduct a study on inspection of imported food to determine-- (A) the minimum amount of inspection necessary to assure consumers of a safe food supply; and (B) the additional cost of allocating resources for inspecting imported food in order to achieve such minimum amount. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary and the Commissioner shall submit to Congress a report containing the results of the study conducted under subsection (a). SEC. 4. MINIMUM INSPECTIONS. Not later than 1 year after the date of the submission of the report under section 3(c), the Secretary and the Commissioner shall ensure that the amount of imported food inspected by the Secretary and the Commissioner is not less than the amount determined necessary under section 3(c) to assure consumers of a safe food supply. SEC. 5. USER FEES REGARDING INSPECTIONS OF IMPORTED FOOD SAFETY. (a) In General.-- (1) Assessment.--Beginning in fiscal year 2008, the Secretary and the Commissioner shall jointly assess and collect fees on food imported into the United States. (2) Purpose of fees.--The purpose of fees under paragraph (1) is to defray increases in the costs of the resources allocated for inspecting imported food in order to comply with section 4 over the costs of the resources allocated for inspecting imported food in fiscal year 2007 multiplied by the adjustment factor. Increases referred to in the preceding sentence include increases in such costs for an additional number of full-time equivalent positions in the Department of Agriculture and the Department of Health and Human Services to be engaged in carrying out such section. (3) Amount of fee; collection.--A fee under paragraph (1) shall be assessed on each line item of food, as defined by the Secretary and the Commissioner by regulation. The amount of the fee shall be based on the number of line items, and may not exceed $20 per line item, notwithstanding subsection (b). The liability for the fee constitutes a personal debt due to the United States, and such liability accrues on the date on which the food is imported into the United States. The Secretary and the Commissioner may coordinate with and seek the cooperation of other agencies of the Federal Government regarding the collection of such fees. (b) Total Fee Revenues.--The total fee revenues collected under subsection (a) for a fiscal year shall be the amount appropriated under subsection (f)(3). (c) Adjustments.-- (1) Inflation adjustment.--With respect to the amount of total fee revenues referred to in subsection (b), the amount authorized in subsection (f)(3) for a fiscal year shall be adjusted by the Secretary and the Commissioner (and as adjusted shall be published in the Federal Register) to reflect the greater of-- (A) the total percentage change that occurred during the preceding fiscal year in the Consumer Price Index for all urban consumers (all items; U.S. city average); or (B) the total percentage change for such fiscal year in basic pay under the General Schedule in accordance with section 5332 of title 5, United States Code, as adjusted by any locality-based comparability payment pursuant to section 5304 of such title for Federal employees stationed in the District of Columbia. (2) Annual fee adjustment.--Not later than 60 days after the end of each fiscal year beginning after fiscal year 2008, the Secretary and the Commissioner, subject to not exceeding the maximum fee amount specified in subsection (a)(3), shall adjust the amounts that otherwise would under subsection (a) be assessed as fees during the fiscal year in which the adjustment occurs so that the total revenues collected in such fees for such fiscal year equal the amount applicable pursuant to subsection (b) for the fiscal year. (d) Fee Waiver or Reduction.--The Secretary and the Commissioner shall grant a waiver from or a reduction of a fee assessed under subsection (a) where the Secretary and the Commissioner find that the fee to be paid will exceed the anticipated present and future costs incurred by the Secretary and the Commissioner in carrying out section 4 (which finding may be made by the Secretary and the Commissioner using standard costs). (e) Assessment of Fees.-- (1) Limitation.--Fees may not be assessed under subsection (a) for a fiscal year beginning after fiscal year 2008 unless the amount appropriated for salaries and expenses of the Department of Agriculture and the Food and Drug Administration for such fiscal year is equal to or greater than the amount appropriated for salaries and expenses of the Food and Drug Administration for fiscal year 2008 multiplied by the adjustment factor applicable to the fiscal year involved, except that in making determinations under this paragraph for the fiscal years involved there shall be excluded any amounts collected as fees for purposes of funding the inspection of food or other items being imported. (2) Authority.--If the Secretary and the Commissioner do not assess fees under subsection (a) during any portion of a fiscal year because of paragraph (1) and if at a later date in such fiscal year the Secretary and the Commissioner may assess such fees, the Secretary and the Commissioner may assess and collect such fees, without any modification in the rate of the fees, at any time in such fiscal year notwithstanding the provisions of subsection (a)(3) relating to the time at which fees are to be paid. (f) Crediting and Availability of Fees.-- (1) In general.--Fees collected for a fiscal year pursuant to subsection (a) shall be credited to the appropriation accounts for salaries and expenses of the Department of Agriculture and the Food and Drug Administration and shall be available in accordance with appropriation Acts until expended without fiscal year limitation. Such sums as may be necessary may be transferred from the Department of Agriculture and the Food and Drug Administration salaries and expenses appropriation accounts without fiscal year limitation to such appropriation accounts for salaries and expenses with such fiscal year limitation. The sums transferred shall be available solely for carrying out section 4. (2) Collections and appropriation acts.--The fees authorized in subsection (a)-- (A) shall be collected in each fiscal year in accordance with subsections (a)(3) and (b); and (B) shall only be collected and available for the purpose specified in subsection (a)(2). (3) Authorization of appropriations; allocations by secretary and commissioner.--Subject to paragraph (4), there is authorized to be appropriated the amount determined by the Secretary and the Commissioner under section 3(c) to be necessary to comply with section 4 for each of the fiscal years 2008 through 2012. (4) Offset.--Any amount of fees collected for a fiscal year under subsection (a) that exceeds the amount of fees specified in appropriation Acts for such fiscal year shall be credited to the appropriation accounts of the Department of Agriculture and the Food and Drug Administration as provided in paragraph (1), and shall be subtracted from the amount of fees that would otherwise be authorized to be collected under this section pursuant to appropriation Acts for a subsequent fiscal year. (g) Collection of Unpaid Fees.--In any case where the Secretary and the Commissioner do not receive payment of a fee assessed under subsection (a) within 30 days after it is due, such fee shall be treated as a claim of the United States Government subject to subchapter II of chapter 37 of title 31, United States Code. (h) Construction.--This section may not be construed as requiring that the number of full-time equivalent positions in the Department of Agriculture or the Department of Health and Human Services, for officers, employees, and advisory committees not engaged in inspecting imported food be reduced to offset the number of officers, employees, and advisory committees so engaged. (i) Definition of Adjustment Factor.--For purposes of this section, the term ``adjustment factor'' applicable to a fiscal year is the Consumer Price Index for all urban consumers (all items; United States city average) for April of the preceding fiscal year divided by such Index for April 2007.''. SEC. 6. PRIVATE CAUSE OF ACTION. (a) In General.--Any person aggrieved by the failure of any food item to meet the level of safety assured in the certificate required for that food item under section 2(a) may bring a civil action in a United States district court against the person who imported the food item. (b) Damages.--In an action brought pursuant to subsection (a), the court may award actual damages, equitable relief, and any litigation costs reasonably incurred. SEC. 7. CRIMINAL PENALTIES. If any person imports a food item into the United States knowing that such food item does not comply with the assurance of safety for such food item in the certificate required for that food item under section 2(a), such person is deemed to be in violation of section 1001 of title 18, United States Code (relating to fraudulent and false statements in any matter within the Government). SEC. 8. DEFINITIONS. In this Act: (1) The term ``Commissioner'' means the Commissioner of Food and Drugs. (2) The term ``Secretary'' means the Secretary of Agriculture.

Summary: Assured Food Safety Act of 2007 - Directs the Secretary of Agriculture and the Commissioner of Food and Drugs to jointly establish a program to require all food items imported into the United States to bear a certificate of assured safety issued by the government of the country from which the item is imported. Directs the Secretary and the Commissioner to: (1) establish certificate requirements; and (2) prohibit a food item that does not bear such certificate from being imported into the United States. Authorizes specified exemptions. Directs the Secretary and the Commissioner, upon a food item's failure to provide the assured safety level, to prohibit the importation of any similar food item produced by the same person in the same country until the Secretary or the Commissioner inspects the production place and determines that sufficient corrective steps have been taken. Requires: (1) heightened inspections for three years following the removal of a food item's import prohibition; and (2) inspection-related user fees on foods imported into the United States. Authorizes fee waiver or reduction. Provides: (1) a private right of action against an importer; and (2) criminal penalties against an importer who knowingly imports a non-complying food item.