TITLE I--NATIONAL OCEAN EXPLORATION PROGRAM SEC. 101. SHORT TITLE. This title may be cited as the ``National Ocean Exploration Program Act''. SEC. 102. AUTHORIZATION. The Administrator of the National Oceanic and Atmospheric Administration shall, in consultation with the National Science Foundation and other appropriate Federal agencies, conduct a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration that promotes collaboration with other Federal ocean and undersea research and exploration programs. To the extent appropriate, the Administrator shall seek to facilitate coordination of data and information management systems, outreach and education programs to improve public understanding of ocean and coastal resources, and development and transfer of technologies to facilitate ocean and undersea research and exploration. SEC. 103. AUTHORITIES. (a) In General.--In carrying out the program authorized under section 102, the Administrator of the National Oceanic and Atmospheric Administration (in this title referred to as the ``Administrator'') shall-- (1) conduct interdisciplinary voyages or other scientific activities of discovery in conjunction with other Federal agencies or academic or educational institutions, to explore and survey little known areas of the marine environment, inventory, observe, and assess living and nonliving marine resources, and report such findings; (2) give priority attention to deep ocean regions, with a focus on deep water marine systems that hold potential for important scientific discoveries, such as hydrothermal vent communities and seamounts; (3) conduct scientific voyages to locate, define, and document historic shipwrecks, submerged sites, and other ocean exploration activities that combine archaeology and oceanographic sciences; (4) develop and implement, in consultation with the National Science Foundation, a transparent, competitive process for merit-based peer-review and approval of proposals for activities to be conducted under this program, taking into consideration advice of the Board established under section 104; (5) enhance the technical capability of the United States marine science community by promoting the development of improved oceanographic research, communication, navigation, and data collection systems, as well as underwater platforms and sensors and autonomous vehicles; and (6) establish an ocean exploration forum to encourage partnerships and promote communication among experts and other stakeholders in order to enhance the scientific and technical expertise and relevance of the national program. (b) Donations.--In carrying out the program authorized under section 102, the Administrator may accept donations of property, data, and equipment to be applied for the purpose of exploring the oceans or increasing knowledge of the oceans. SEC. 104. OCEAN EXPLORATION ADVISORY BOARD. (a) Establishment.--The Administrator shall appoint an Ocean Exploration Advisory Board composed of experts in relevant fields to-- (1) advise the Administrator on priority areas for survey and discovery; (2) assist the program in the development of a five-year strategic plan for the fields of ocean, marine, and Great Lakes science, exploration, and discovery; (3) annually review the quality and effectiveness of the proposal review process established under section 103(4); and (4) provide other assistance and advice as requested by the Administrator. (b) Federal Advisory Committee Act.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board appointed under subsection (a). SEC. 105. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT. Nothing in this Act supersedes, or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this title-- (1) $30,500,000 for fiscal year 2008; (2) $33,550,000 for fiscal year 2009; (3) $36,905,000 for fiscal year 2010; (4) $40,596,000 for fiscal year 2011; (5) $44,655,000 for fiscal year 2012; (6) $49,121,000 for fiscal year 2013; and (7) $54,033,000 for fiscal year 2014. TITLE II--UNDERSEA RESEARCH PROGRAM SEC. 201. SHORT TITLE. This title may be cited as the ``National Undersea Research Program Act of 2007''. SEC. 202. AUTHORIZATION. The Administrator of the National Oceanic and Atmospheric Administration shall conduct an undersea research, exploration, education, and technology development program and shall designate a Director of that program. SEC. 203. PURPOSE. The purpose of the program authorized under section 202 is to increase scientific knowledge essential for the informed management, use, and preservation of oceanic, marine, coastal, and Great Lakes resources. The Director, in carrying out the program authorized in section 202, shall cooperate with institutions of higher education and other educational marine and ocean science organizations, and shall make available undersea research facilities, equipment, technologies, information, and expertise to support undersea research efforts by these organizations. The Director may also enter into partnerships, using existing authorities, with the private sector to achieve the goals of the program and to promote technological advancement of the marine industry. SEC. 204. PROGRAM. The program authorized under section 202 shall be conducted through a national headquarters, a network of extramural regional undersea research centers that represent all relevant National Oceanic and Atmospheric Administration regions, and the National Institute for Undersea Science and Technology. Overall direction of the program will be developed by the program director with a Council of Center Directors comprised of the directors of the extramural regional centers and the National Institute for Undersea Science and Technology. Draft program direction shall be published not later than 1 year after the date of enactment of this Act. The draft program direction shall be published in the Federal Register for a public comment period of not less than 120 days. Final program direction with Agency responses to the comments received shall be published in the Federal Register within 90 days after the close of the comment period. The program director shall update the program direction, with opportunity for public comment, at least every five years. SEC. 205. REGIONAL CENTERS AND INSTITUTE. (a) Programs.--The following research, exploration, education, and technology programs shall be conducted through the network of extramural regional centers and the National Institute for Undersea Science and Technology: (1) Core research and exploration based on national and regional undersea research priorities. (2) Advanced undersea technology development to support the National Oceanic and Atmospheric Administration's research mission and programs. (3) Development, testing, and transition of advanced undersea technology associated with ocean observatories, submersibles, advanced diving technologies, remotely operated vehicles, autonomous underwater vehicles, and new sampling and sensing technologies. (4) Undersea science-based education and outreach programs to enrich ocean science education and public awareness of the oceans and Great Lakes. (5) Discovery, study, and development of natural products from ocean and aquatic systems. (b) Operations.--Operation of the extramural regional centers and the National Institute for Undersea Science and Technology shall leverage partnerships and cooperative research with academia and private industry. SEC. 206. COMPETITION. (a) Discretionary Fund.--The program shall allocate no more than 10 percent of its annual budget to a discretionary fund that may be used only for program administration and priority undersea research projects identified by the Director but not covered by funding available from centers. (b) Competitive Selection.--The Administrator shall conduct an initial competition to select the regional centers that will participate in the program 90 days after the publication of the final program direction required in section 204 and every five years thereafter. Funding for projects conducted through the regional centers shall be awarded through a competitive, merit-reviewed process on the basis of their relevance to the goals of the program and their technical feasibility. SEC. 207. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this title-- (1) $17,500,000 for fiscal year 2008; (2) $19,500,000 for fiscal year 2009; (3) $21,500,000 for fiscal year 2010; (4) $23,500,000 for fiscal year 2011; (5) $25,500,000 for fiscal year 2012; (6) $27,500,000 for fiscal year 2013; and (7) $29,500,000 for fiscal year 2014. TITLE III--INTERAGENCY PLANNING AND COORDINATION SEC. 301. OCEAN EXPLORATION AND UNDERSEA RESEARCH TECHNOLOGY AND INFRASTRUCTURE TASK FORCE. (a) In General.--The Administrator of the National Oceanic and Atmospheric Administration, in coordination with the National Science Foundation, the National Aeronautics and Space Administration, the United States Geological Survey, the Department of the Navy, the Mineral Management Service, and relevant governmental, non- governmental, academic, industry, and other experts, shall convene an ocean exploration and undersea research technology and infrastructure task force to develop and implement a strategy-- (1) to facilitate transfer of new exploration and undersea research technology to the programs authorized under titles I and II of this Act; (2) to improve availability of communications infrastructure, including satellite capabilities, to such programs; (3) to develop an integrated, workable, and comprehensive data management information processing system that will make information on unique and significant features obtained by such programs available for research and management purposes; (4) to conduct public outreach activities that improve the public understanding of ocean science, resources, and processes, in conjunction with relevant programs of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other agencies; and (5) to encourage cost-sharing partnerships with governmental and nongovernmental entities that will assist in transferring exploration and undersea research technology and technical expertise to the programs. (b) Budget Coordination.--The task force shall coordinate the development of agency budgets and identify the items in their annual budget that support the activities identified in the strategy developed under subsection (a). Passed the House of Representatives February 14, 2008. Attest: LORRAINE C. MILLER, Clerk.

Summary: Title I: National Ocean Exploration Program - National Ocean Exploration Program Act - (Sec. 102) Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to conduct a coordinated national ocean exploration program in NOAA that promotes collaboration with other federal ocean and undersea research and exploration programs. (Sec. 103) Sets forth program authorities, including authorizing the Administrator to accept donations of property, data, and equipment to be applied for exploring the oceans or increasing knowledge of the oceans. (Sec. 104) Requires the NOAA Administrator to appoint an Ocean Exploration Advisory Board. (Sec. 105) Declares that nothing in this Act supersedes or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act. (Sec. 106) Authorizes appropriations. Title II: Undersea Research Program - National Undersea Research Program Act of 2007 - (Sec. 202) Requires the Administrator to conduct an undersea research, exploration, education, and technology development program to increase scientific knowledge regarding management, use, and preservation of oceanic, coastal, and Great Lakes resources. Requires the program's director to cooperate with institutions of higher education and other educational marine and ocean science organizations and to make available undersea research facilities, equipment, technologies, information, and expertise to support those organizations' undersea research. Authorizes the director to enter into partnerships with the private sector to achieve program goals and to promote marine industry technological advancement. (Sec. 204) Requires that the program be conducted through a national headquarters, a network of extramural regional undersea research centers representing all NOAA regions, and the National Institute for Undersea Science and Technology. (Sec. 205) Specifies the research, exploration, education, and technology programs to be conducted through the network of extramural regional centers and the National Institute for Undersea Science and Technology. (Sec. 206) Allows not more than ten percent of the program's budget to be used for administration and for priority undersea research projects not covered by funding available from centers. Requires a competition every five years to select the regional centers that will participate in the program. Requires projects supported by the regional centers to be awarded using an open and competitive process. (Sec. 207) Authorizes appropriations. Title III: Interagency Planning and Coordination - (Sec. 301) Requires the NOAA Administrator, and relevant governmental, non-governmental, academic, industry, and other experts, to convene an ocean exploration and undersea research technology and infrastructure task force. Requires that the task force coordinate the development of agency budgets.


SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Stop Sweatshops Act''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Fair Labor Standards Act of 1938. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The production of garments in violation of minimum labor standards burdens commerce and the free flow of goods in commerce by spreading and perpetuating labor conditions that undermine minimum living standards and by providing an unfair means of competition to the detriment of employers who comply with the law. (2) The existence of working conditions detrimental to fair competition and the maintenance of minimum standards of living necessary for health, efficiency, and general well-being of workers are a continuing and growing problem in the domestic garment industry. (3) The Congress concurs in the findings of the Comptroller General that most sweatshop employers violate the recordkeeping requirements of the Fair Labor Standards Act of 1938 and that the failure of such employers to maintain adequate records has and continues to adversely affect the ability of the Department of Labor to collect wages due to workers. (4) The amendment of the Fair Labor Standards Act of 1938 to provide for legal responsibility on the part of manufacturers for compliance with such Act's wage and hour, child labor, and industrial homework provisions by contractors in the garment industry and to provide civil penalties for violations of that Act's recordkeeping requirements is necessary to promote fair competition and working conditions that are not detrimental to the maintenance of health, efficiency, and general well-being of workers in the garment industry. SEC. 3. LEGAL RESPONSIBILITY FOR COMPLIANCE WITH WAGE AND HOUR PROVISIONS IN THE GARMENT INDUSTRY. (a) Amendment.--The Fair Labor Standards Act of 1938 is amended by adding after section 14 the following: ``legal responsibility for compliance in the garment industry with sections 6 and 7 ``Sec. 14A. (a) Every manufacturer engaged in the garment industry who contracts to have garment manufacturing operations performed by another person as a contractor-- ``(1) shall be civilly liable, with respect to those garment manufacturing operations, to the same extent as the contractor for any violation by the contractor of section 6 (except for violations of subsection (d)) or 7, for any violation by the contractor of the provisions of section 11 regulating, restricting, or prohibiting industrial homework, and for violation by the contractor of section 12; and ``(2) shall be subject to the same civil penalties assessed against the contractor for violations of such sections. ``(b) For purposes of this section: ``(1) The term `garment industry' means the designing, cutting, sewing, dyeing, washing, finishing, assembling, pressing, or otherwise producing men's, women's, children's, or infants' apparel, including clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts, or a section or component of apparel, except for pre-manufactured items such as buttons, zippers, snaps, and studs, designed or intended to be worn by any individual which is to be sold or offered for sale. ``(2) The term `manufacturer' means any person who (A) contracts, directly or indirectly through an intermediary or otherwise, with a contractor to perform the cutting, sewing, dyeing, washing, finishing, assembling, pressing, or otherwise producing any men's, women's, children's, or infants' apparel, including clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts, or a section or component of apparel, except for pre-manufactured items such as buttons, zippers, snaps, and studs, designed or intended to be worn by any individual which is to be sold or offered for sale, including a retailer engaged in such activities, or (B) designs, cuts, sews, dyes, washes, finishes, assembles, presses, or otherwise produces or is responsible for the production of any men's, women's, children's, or infants' apparel, including clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts, or a section or component of apparel, except for pre-manufactured items such as buttons, zippers, snaps, and studs, designed or intended to be worn by any individual which is to be sold or offered for sale. ``(3) The term `contractor' means any person who contracts, directly or indirectly through an intermediary or otherwise, with a manufacturer to perform the cutting, sewing, dyeing, washing, finishing, assembling, pressing, or otherwise producing any men's, women's, children's, or infants' apparel, including clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts, or a section or component of apparel, except for pre-manufactured items such as buttons, zippers, snaps, and studs, designed or intended to be worn by any individual which is to be sold or offered for sale. ``(4) The term `retailer' means any person engaged in the sale of apparel to the ultimate consumer for personal use.''. (b) Liability to Employees.--Section 16 (29 U.S.C. 216) is amended-- (1) in subsection (b), by adding after the first sentence the following: ``A manufacturer in the garment industry (as defined in section 14A(b)(2)) shall also be jointly and severally liable to such an employee to the same extent as the contractor in the garment industry (as defined in section 14A(b)(3)) who employed such employee if the contractor violated section 6 (other than subsection (d)) or 7 in the production of apparel or components of apparel for such manufacturer.''; (2) in subsection (b), by inserting in the last sentence ``or by a manufacturer in the garment industry'' after ``by an employer''; and (3) in subsection (c)-- (A) by striking ``first sentence'' and inserting ``first or second sentences''; and (B) by inserting ``or by a manufacturer in the garment industry'' after ``liable''. SEC. 4. RECORDKEEPING. Section 16(e) (29 U.S.C. 216(e)) is amended by adding after the first sentence the following: ``Any person who fails to establish, maintain, and preserve payroll records as required under section 11(c) shall be subject to a civil penalty of not to exceed $1000 for each employee who was the subject of such a violation. The Secretary may, in the Secretary's discretion, compute civil penalties under this subsection for each pay period for willful violations. Any person who submits fraudulent payroll records to the agencies enforcing this Act in any of its investigations or hearings or as evidence in a court action, which records conceal the actual hours of labor worked by employees or the violation of section 6, 7, 11(d), or 12 shall be subject to a civil penalty of $10,000 per act of fraud and $15,000 per act of fraud for a second offense. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect upon the expiration of 30 days from the date of its enactment.

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Seabed Protection Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) More than \2/3\ of Earth's surface is covered by oceans. (2) The oceans and marine waters contain a greater variety of forms of life than exists on land, and scientists are continually discovering new forms of life in previously unexplored, unique habitats. (3) The earth's human population is dependent upon the products of the oceans for income, nutrition, medicines, raw materials, and valuable natural services such as climate regulation, flood control, and storm surge protection. (4) The practice and technology of bottom trawling and use of other mobile fishing gear on the seabed has increased to the point that an area of seabed twice the size of the contiguous United States is affected by these practices each year. (5) These practices result in a loss of biological diversity, which is detrimental not only to the ocean environment itself but also to the industries and people that depend on that environment. (6) Little is known about the recoverability of the seabed from the effects of bottom trawling and use of other mobile fishing gear on the seabed. However, due to the slow rates of growth and reproduction of some marine species, it is believed that full recovery in some areas may take decades or centuries. SEC. 3. MORATORIUM. (a) In General.--Notwithstanding any provision of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), no person may engage in bottom trawling or use of other mobile fishing gear on the seabed in any marine area described in subsection (b), until-- (1) the National Marine Fisheries Service has completed a study and determined the effects of those practices in those areas; (2) the Secretary of Commerce has determined, based on findings of such a study and other pertinent scientific information, that the impacts of bottom trawling and such other mobile fishing gear on biodiversity, marine habitat, and productivity of fish stocks is negligible; and (3) the Secretary of Commerce has approved and implemented fishery management plans for those areas, that-- (A) are developed by the appropriate regional fishery management councils in accordance with that Act; (B) encourage the use of fishing gears that are less destructive of habitat than bottom trawling and other mobile fishing gear on the seabed; and (C) prohibit use of bottom trawling and other mobile fishing gear practices that threaten the continued sustainability of ecosystems in those areas. (b) Marine Areas Described.-- (1) In general.--The marine areas referred to in subsection (a) are the following: (A) The Heceta Banks, located off the coast of Oregon, 125 00' w-124 45' w/ 43 55' n-44 15' n. (B) Cordell Bank, located off the coast of central California, 123 20' w-123 38' w/ 37 55' n-30 05' n. (C) The Gulf of the Farallones outside of the line that is three miles from the coastline, located off the coast of California, 122 35' w-123 15''w/ 37 30' n-38 05' n. (D) Tanner and Cortez Banks, located off the coast of southern California, 119 00' w-119 25' w/ 32 50 n-32 20' n. (E) Punta Gorda, located off the coast of northern California, 124 23' w-124 50' w/ 4-20' n-40 10' n. (F) Cape Blanco, located off the coast of Oregon, 124 42' w-124 55' w/ 42 40' n-43 00n. (G) Florida Middle Grounds located in the Gulf of Mexico off the coast of Florida, 84 40'w-85 15' w/ 28 10'n-28 55n. (H) Dry Tortugas, located in the Gulf of Mexico off the coast of Florida, 82 40'2w-83 10'w/ 24 30'n 24 50'n. (I) Nantucket Shoals, located off the coast of Cape Cod, Massachusetts, 69 00'w-70 20'w/ 40 30'n-41 00'n. (J) Jeffrey's Ledge, Tillies Bank, and Stellwagon Bank, located in the Gulf of Maine, 69 50'w-70 30'w/42 08'n-43 15'n. (K) Cashes Ledge, located in the Gulf of Maine, 68 40'w-69 15'w/42 30'n-43 15'n. (L) Stonewall Bank of the central Oregon coast, 124 20'w-124 28'w/44 27'n-44 39'n. (M) Rogue River Reef off the southern Oregon coast, 124 35'w-124 50'w/42 25'n-42 35'n. (2) Further description by secretary.--For purposes of this Act, the Secretary of Commerce may more particularly describe the areas listed in paragraph (1). (c) Report.--The Secretary of Commerce shall report annually to the Committee on Resources of the House of Representatives and the Committee on Commerce of the Senate regarding the recovery of areas described in subsection (b) from the effects of bottom trawling and use of other mobile fishing gear on the seabed. (d) Limitation on Application.--Subsection (a) shall not apply to an area after the date the Secretary publishes a finding that there are in effect, under State law or a fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), measures that are at least as effective as subsection (a) in maintaining the sustainability of ecosystems in that area. (e) Definitions.--In this section: (1) Negligible.--The term ``negligible'' means-- (A) insufficient to diminish the productivity of fish stocks; and (B) insufficient to significantly reduce other marine life. (2) Sustainability of ecosystems.--The term ``sustainability of ecosystems'' means the capability of ecosystems to-- (A) maintain productivity of fish stocks at maximum sustainable yield specified for those fish stocks in fishery management plans in effect under the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); and (B) maintain types and abundances of other marine species normally found within similar areas that are not subject to bottom trawling and other mobile fishing gear practices.

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy America Commission Act of 2003''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Healthy America Commission'' (in this Act referred to as the ``Commission'') . SEC. 3. DUTIES OF COMMISSION. The Commission shall conduct a study and, under section 6(b), submit a report on the following: (1) The total predicted societal costs of preventable diseases in the United States, disagreggated by the incidence and societal costs of each such disease. (2) The Federal Government's share of paying for the total predicted societal costs of preventable diseases in the United States during, at a minimum, the next 20 years. (3) The impact of preventable disease on society relative to the quality and affordability of health care. (4) The estimated costs and likely long-term savings resulting from a long-term disease prevention program, taking into consideration a series of scenarios regarding the program's scope and effectiveness. (5) Economic and other incentives throughout society for encouraging behavioral changes and personal responsibility. (6) Cost-benefit ratios for a broad series of disease prevention initiatives, including how far-reaching each initiative would be. (7) Target goals against which the Nation's progress under a long-term disease prevention program may be measured based on biannual achievement evaluations. (8) Procedures for monitoring the Nation's progress under a long-term disease prevention program and changes that may need to be made as the program proceeds. (9) Whether a series of pilot demonstration programs of various intensities should be undertaken before initiating a full-scale, comprehensive long-term disease prevention program for the Nation. (10) The efficiency of existing disease prevention programs and any corresponding need for expanded efforts. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 11 members, appointed by the President in consultation with the Speaker and the minority leader of the House of Representatives and the majority leader and the minority leader of the Senate. (b) Terms.--Each member of the Commission shall serve for the life of the Commission. (c) Vacancies.--Any vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made. (d) Pay.--Each member of the Commission shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (e) Travel Expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Chairperson.--The President shall designate the Chairperson of the Commission from among the 11 members of the Commission. (g) Experts and Consultants.--The Commission may procure temporary and intermittent services, which may include the services of the Rand Corporation, under section 3109(b) of title 5, United States Code. (h) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of its members. SEC. 5. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (d) Staff of Federal Agencies.--Upon the request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Gifts, Bequests, and Devises.--To the extent or in the amounts provided in advance in appropriations Acts, the Commission may accept, use, and dispose of gifts, bequests, and devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. SEC. 6. REPORTS. (a) Interim Report.--Not later than 12 months after the date of the enactment of this Act, the Commission shall submit to the Congress, the President, and the Secretary of Health and Human Services an interim report that contains such information as the Commission considers appropriate. (b) Final Report.--Not later than 2 years after the date of the enactment of this Act, the Commission shall submit a final report to the Congress, the President, and the Secretary of Health and Human Services that contains a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative action as the Commission considers appropriate. SEC. 7. TERMINATION. The Commission shall terminate 90 days after submitting its final report under section 6(b). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $7,000,000 for the period of fiscal years 2005 through 2007.

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Up Earmarks Act of 2010'' or the ``CUE Act of 2010''. SEC. 2. GAO AUDIT OF SENATE EARMARKS. (a) In General.--Not later than March 31 of each year, the Comptroller General shall submit an audit to Congress of 5 percent of Senate earmarks for the current fiscal year chosen at random. (b) Details.--The audit required by subsection (a) shall include-- (1) an adequate amount of earmarks of small and large programs; (2) 50 percent of earmarks that have been requested by at least one Democratic Senator and 50 percent requested by at least one Republican Senator; and (3) 50 percent of earmarks requested by members of the Senate Committee on Appropriations and 50 percent requested by Senators not on the Senate Committee on Appropriations. SEC. 3. STRENGTHENING POINT OF ORDER AGAINST AIRDROPPED ITEMS IN CONFERENCE REPORTS. Subparagraphs (c) and (d) of paragraph 8 of rule XLIV of the Standing rules of the Senate are amended by striking ``three-fifths'' and inserting ``two-thirds''. SEC. 4. IMPROVING EARMARKS WEB SITE. The Secretary of the Senate and the Clerk of the House of Representatives shall take such steps as are necessary to improve the Web site earmarks.gov to-- (1) make earmarks more easily searchable by the requesting member of Congress and by any federally registered lobbyist who requested such earmark; and (2) ensure that the Web site is user friendly and does not include extraneous information. SEC. 5. HEARINGS ON EARMARKS. It is the sense of the Senate that-- (1) the subcommittees of the Committee on Appropriations should hold hearings on earmark requests in excess of $1,000,000, during which Members who request said earmarks should be invited to testify; and (2) the subcommittees of the Committee on Appropriations shall hold hearings on earmark requests in excess of $5,000,000, during which Members who request said earmarks shall be invited to testify. SEC. 6. INCREASED EARMARK TRANSPARENCY AND PROHIBITING EARMARKS TO PRIVATE FOR-PROFIT ENTITIES. Rule XLIV of the Standing Rules of the Senate is amended by adding at the end thereof the following: ``13.(a) All congressionally directed spending items shall be included in the text of an appropriations or authorization bill and any conference report related to that appropriations or authorization bill. ``(b) Not later than 48 hours after the request, each request for a congressionally directed spending item for an appropriations or authorization bill made by a Senator shall be posted on the Senator's Web site. The posting of the request for a congressionally directed spending item shall include the name and location of the specifically intended recipient, the purpose of the congressionally directed spending item, the name of any federally registered lobbyist who materially participated in requesting that the earmark submission be made by that Senator, and the dollar amount requested. If there is no specifically intended recipient, the posting shall include the intended location of the activity, the purpose of the congressionally directed spending item, and the dollar amount requested. ``(c) It shall not be in order to consider an appropriations or authorization bill, amendment, or conference report if it contains a congressionally directed spending item for a private for-profit entity.''. SEC. 7. DISCLOSURE BY NON-PROFITS OF PRIVATE FOR-PROFIT EARMARK BENEFICIARIES. Each Senator shall-- (1) require any eligible entity that requests an earmark submission from that Senator to include a written disclosure in that earmark request of the identity of any for profit, private company that might directly benefit financially from the award of the earmark; and (2) submit the identity of the beneficiary disclosed under paragraph (1) in writing to the Senate Committee on Appropriations with any corresponding earmarks request made by the Senator and include the beneficiary disclosure in the disclosure of earmarks required to be posted on the Web site of the Senator by paragraph 13 of rule XLIV of the Standing Rules of the Senate. SEC. 8. AMENDMENT TO THE LOBBYING DISCLOSURE ACT OF 1995 REQUIRING REPORTING INFORMATION ON THE EMPLOYER OF A LOBBYIST. Section 5(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(b)) is amended-- (1) in paragraph (4), by striking the ``and'' after the semicolon; (2) in paragraph (5), by striking the period and inserting ``; and''; and (3) by inserting at the end the following: ``(6) for each client, the amount of congressional earmarks requested from Congress on behalf of the client and a detailed accounting of each such earmark.''.

Summary: Clean Up Earmarks Act of 2010 or CUE Act of 2010 - Requires the Comptroller General to submit an audit to Congress of 5% of Senate earmarks for the current fiscal year chosen at random. Requires the audit to include: (1) an adequate number of earmarks of small and large programs; (2) 50% of earmarks that have been requested by at least one Democratic Senator and one Republican Senator, respectively; and (3) 50% of earmarks requested by members and 50% of those requested by non-members, respectively, of the Senate Committee on Appropriations. Amends Rule XLIV (Congressional Directed Spending and Related Items) of the Standing Rules of the Senate to require an affirmative vote of two-thirds (currently, three-fifths [60]) of the Members of the Senate to: (1) authorize a Senator to move to waive any or all points of order with respect to a pending conference report that constitutes new directed spending provisions; and (2) sustain an appeal of the ruling of the Chair regarding such point of order. Requires the Secretary of the Senate and the Clerk of the House of Representatives to take necessary steps to improve the website earmarks.gov to: (1) make earmarks more easily searchable by the requesting Member of Congress and by any federally registered lobbyist who requested them; and (2) ensure that the website is user friendly and does not include extraneous information. Expresses the sense of the Senate that the subcommittees of the Committee should hold separate hearings on earmark requests in excess of $1 million and of $5 million, respectively, during which Members who requested them should be invited to testify. Amends Rule XLIV to require all congressionally directed spending items to be included in the text of an appropriations or authorization bill and any related conference report. Requires each request by a Senator for a congressionally directed spending item for such a bill to be posted on the Senator's website within 48 hours, including specified related information. Makes it out of order to consider an appropriations or authorization bill, amendment, or conference report if it contains a congressionally directed spending item for a private for-profit entity. Requires a Senator to: (1) require any eligible entity that requests an earmark submission from the Senator to include a written disclosure in that earmark request of the identity of any for-profit, private company that might directly benefit financially from the award of the earmark; and (2) submit the disclosed beneficiary identity in writing to the Committee with any corresponding earmarks request made by the Senator, and include the beneficiary disclosure in the disclosure of earmarks required to be posted on the Senator's website. Amends the Lobbying Disclosure Act of 1995 to require reports by registered lobbyists to include, for each client, the amount of congressional earmarks requested from Congress on the client's behalf and a detailed accounting of each such earmark.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Balanced Economic and Environmental Priorities Act of 1994''. SEC. 2. ECONOMIC IMPACT ANALYSES. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended by adding at the end the following: ``(j) Economic Impact Analysis.--(1)(A) Notwithstanding any other provision of this Act, an officer or employee of a Federal agency shall not implement or enforce a designation, regulation, or recovery plan described in subparagraph (B) unless-- ``(i) the Secretary has prepared an economic impact analysis under this subsection with respect to the designation, regulation, or recovery plan; ``(ii) the Secretary determines, based on that analysis, that the benefits of that designation, regulation, or recovery plan outweigh the costs of that act; and ``(iii) the Secretary has published an economic impact statement describing the findings of that analysis. ``(B) The designation, regulations, and recovery plans referred to in subparagraph (A) are the following: ``(i) A designation of critical habitat under subsection (a)(2). ``(ii) A protective regulation issued under subsection (d). ``(iii) A recovery plan developed under subsection (f). ``(2)(A) The Secretary shall perform an economic impact analysis in accordance with this paragraph with respect to each designation, regulation, and recovery plan described in paragraph (1)(B). ``(B) An economic impact analysis under this paragraph shall include determination of the following: ``(i) The economic consequences of implementing and enforcing the designation, regulation, or recovery plan, including the aggregate statistical data which indicates-- ``(I) identifiable and potential job losses or diminishments resulting from that implementation and enforcement, ``(II) identifiable losses or diminishments in the value of real property resulting from that implementation and enforcement, and ``(III) losses or diminishments in the value of business enterprises resulting from that implementation and enforcement. ``(ii) The effect that implementing and enforcing the designation, regulation, or recovery plan will have on tax revenues received by the Federal Government or by State and local governments, including any revenue losses attributable to losses or diminishments in value described in clause (i). ``(iii) The effect that implementing and enforcing the designation, regulation, or recovery plan will have on outlays by Federal, State, and local governments, including-- ``(I) effects on payments made pursuant to subsection (l), and ``(II) effects on expenditures required for unemployment compensation, aid to families with dependent children under part A of title IV of the Social Security Act, medicaid under title XIX of the Social Security Act, and other Federal, State, and local government programs. ``(iv) The effect that implementing and enforcing the designation, regulation, or recovery plan will have on the competitive position of any individual business enterprise or aggregate industry affected by that action, determined jointly with the Secretary of Commerce. ``(v) The ecological and economic impacts of the extinction of any species that implementation and enforcement is intended to prevent. ``(vi) Any other potential economic, budgetary, or ecological effects that the Secretary considers appropriate. ``(3) The Secretary shall determine, based on the analysis performed under paragraph (2), whether the costs of implementing and enforcing a designation, regulation, or recovery plan described in paragraph (1)(B) outweigh the benefits of that implementation and enforcement.''. SEC. 3. LIMITATION OF ECONOMIC LOSSES CAUSED BY LISTING SPECIES AS ENDANGERED SPECIES OR THREATENED SPECIES; COMPENSATION. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533), as amended by section 2, is amended by adding at the end the following: ``(k) Limitation of Losses Caused by Listing Species as Endangered Species or Threatened Species.--In implementing this Act with respect to an endangered species or threatened species included in a list published under subsection (c), the Secretary shall limit economic losses incurred by persons as a result of that implementation. ``(l) Compensation for Losses and Diminishments in Value.--(1) The Secretary shall pay to any person who incurs an economic loss as a result of a species being included in a list of endangered species or threatened species published under this section the amount of that loss, including-- ``(A) any diminishment in the value of tangible or intangible property, and ``(B) any loss resulting from the loss or diminishment of a job. ``(2) The Secretary shall issue regulations establishing procedures for obtaining payments under this subsection. ``(3) A person may not recover any amount under this subsection for any de minimis or wholly speculative loss. ``(4) Any denial by the Secretary of an application for payment under this subsection may be appealed in the appropriate Federal district court of the United States, including any determination by the Secretary that a person is ineligible for payment by reason of paragraph (3). ``(5) A person (including any State or local governmental entity) may intervene in any proceeding under this subsection for the purpose of assisting the Secretary in issuing payments under this subsection.''. SEC. 4. CONGRESSIONAL APPROVAL REQUIRED FOR ADDITIONS TO ENDANGERED SPECIES LIST. (a) Approval Requirement.--Section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)) is amended by adding at the end the following: ``(3) Congressional approval required.--An addition of a species to the list of threatened or endangered species that is maintained under this subsection shall not be effective before the date of the enactment of an Act of Congress that approves that addition.''. (b) Application.--The amendment made by subsection (a) shall apply to additions after the date of the enactment of this Act to the list of threatened or endangered species. SEC. 5. IMPLEMENTATION. (a) Effective Date.--The amendments made by sections 2 and 3 shall be effective January 1, 1986. (b) Review of Prior Listings.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall-- (1) review each addition on or after January 1, 1986, of a species to a list of endangered species or threatened species published under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); (2) prepare with respect to each species so added an economic impact analysis and economic impact statement in accordance with the amendments made by this Act; and (3) publish a list of all designations of critical habitat, regulations, and recovery plans in effect on the date of that publication, the implementation and enforcement of which is prohibited by the amendments made by this Act. (c) Compensation for Losses.--A person may not be paid under section 4(l) of the Endangered Species Act of 1973, as amended by this Act, for any loss incurred as a result of a species being added to a list of endangered species or threatened species published under that Act during the period beginning January 1, 1986, and ending on the date of the enactment of this Act, except for losses incurred as a result of the implementation or enforcement of designations of critical habitat, regulations, and recovery plans that are not included in the list published under subsection (b)(3) of this Act.

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing the Cities Act of 2017''. SEC. 2. SECURING THE CITIES PROGRAM. (a) In General.--Title XIX of the Homeland Security Act of 2002 (6 U.S.C. 591 et seq.) is amended by adding at the end the following new section: ``SEC. 1908. SECURING THE CITIES PROGRAM. ``(a) Establishment.--The Director for Domestic Nuclear Detection shall establish the `Securing the Cities' (`STC') program to enhance the ability of the United States to detect and prevent terrorist attacks and other high consequence events utilizing nuclear or other radiological materials that pose a high risk to homeland security in high-risk urban areas. Through the STC program the Director shall-- ``(1) assist State, local, tribal, and territorial governments in designing and implementing, or enhancing existing, architectures for coordinated and integrated detection and interdiction of nuclear or other radiological materials that are out of regulatory control; ``(2) support the development of a region-wide operating capability to detect and report on nuclear and other radioactive materials out of regulatory control; ``(3) provide resources to enhance detection, analysis, communication, and coordination to better integrate State, local, tribal, and territorial assets into Federal operations; ``(4) facilitate alarm adjudication and provide subject matter expertise and technical assistance on concepts of operations, training, exercises, and alarm response protocols; ``(5) communicate with, and promote sharing of information about the presence or detection of nuclear or other radiological materials among appropriate Federal, State, local, tribal, and territorial governments, in a manner that ensures transparency with the jurisdictions served by such program; ``(6) provide augmenting resources, as appropriate, enabling State, local, tribal, and territorial governments to sustain and refresh their capabilities developed under the STC program; and ``(7) provide any other assistance the Director determines appropriate. ``(b) Designation of Jurisdictions.--In carrying out the program under subsection (a), the Director shall designate jurisdictions from among high-risk urban areas under section 2003, and other cities and regions, as appropriate. ``(c) Congressional Notification.--The Director shall notify the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate not later than three days before the designation of new jurisdictions under subsection (b) or other changes to participating jurisdictions.''. (b) GAO Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate an assessment, including an evaluation of the effectiveness, of the Securing the Cities program under section 1908 of the Homeland Security Act of 2002, as added by subsection (a) of this section. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 1907 the following new item: ``Sec. 1908. Securing the Cities program.''. SEC. 3. MODEL EXERCISES. Not later than 120 days after the date of the enactment of this Act, the Director for Domestic Nuclear Detection of the Department of Homeland Security shall report to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate on the feasibility of the Director developing model exercises to test the preparedness of jurisdictions participating in the Securing the Cities program under section 1908 of the Homeland Security Act of 2002 (as added by section 2 of this Act) in meeting the challenges that may be posed by a range of nuclear and radiological threats. SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives January 31, 2017. Attest: KAREN L. HAAS, Clerk.

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Security Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) The terrorist attacks of September 11, 2001, resulted in unprecedented death and destruction, and 2 of the worst building disasters in human history; (2) the war on terror is ongoing, and threats to American targets, such as large buildings in the United States, are substantial; (3) there are approximately 500 skyscrapers in the United States that are regularly occupied by at least 5000 people, in addition to millions of smaller buildings that see high levels of traffic; (4) most buildings have not been built to the standard needed to meet extreme threats, necessitating technological improvements in every aspect of construction, including structural elements, fireproofing, and facade integrity; (5) to advance homeland security, the Federal Government is obligated to ensure that building and construction standards are as high as practicable, and that building owners have the resources needed to meet these standards; (6) the Federal Government, in its efforts to protect the American people, is responsible for promoting research and development by the public and private sectors that will provide the technical basis for improved building and fire codes, standards, practices, and materials; (7) the National Institute of Standards and Technology is in a unique position to work with the appropriate standards- developing organizations to help the United States respond to these new challenges, due to-- (A) the building and fire expertise in its laboratories and quality program; (B) its long history of working cooperatively with the construction and standards industries; (C) its strong influence on national standards; and (D) its involvement in the assessment of the World Trade Center collapse; (8) efforts to pursue innovation and provide practical guidance and tools to building owners, designers, and contractors are necessary to ensure that new materials and practices are widely accepted and used; (9) it is in the national interest for the National Institute of Standards and Technology to-- (A) accelerate its efforts in helping industry develop the higher building and construction standards that are necessary to heighten the safety of all Americans; and (B) identify the most effective ways to ensure that these new standards are implemented in both existing and new structures; (10) as of January 2003, 2,000,000 private security officers throughout the Nation are responsible for ensuring the security of building occupants and must be able to effectively respond to evacuations, crime, terrorist threats, emergencies, and accidents; (11) many of these private security officers are not adequately prepared to best assist uniformed services, building tenants, workers, and the public in the event of a natural disaster or terrorism; (12) the job turnover rate within the private security industry is as high as 300 percent per year; (13) a recent study found that more than \1/2\ of the States are-- (A) failing to set standards for the training and screening of private security officers; and (B) not providing adequate oversight of the private security industry; (14) without proper guidelines and standards, the private security industry cannot adequately provide the security necessary in the current global environment; (15) the Federal Government, in its efforts to protect the American people, is responsible for enabling a proper review of the private security industry and developing a means of ensuring the industry's improvement; and (16) it is in the national interest for the Department of Homeland Security to create a private security review task force, comprised of industry, union, government, and law enforcement leaders, to help establish strong guidelines and incentives for States, and to provide the needed structure for training and workforce stability. SEC. 3. HOMELAND SECURITY BUILDING AND FIRE RESEARCH AND DEVELOPMENT PROGRAM. (a) Establishment.-- (1) In general.--The Director of the National Institute of Standards and Technology (referred to in this section as the ``Director'') shall establish a research and development program to-- (A) provide the measurements and analysis for improved building and fire codes, standards, and practices; and (B) generate findings and recommendations that can be used to develop improved building and fire codes, and higher construction standards in the United States. (2) Consultation.--In carrying out this section, the Director shall-- (A) consult, as appropriate, with the various units of the National Institute of Standards and Technology (referred to in this section as the ``Institute''), including the Building and Fire Research Laboratory; (B) build upon ongoing efforts of the Institute and of the private sector; and (C) involve consortia that include government and industry. (b) Research Activities.-- (1) Scientific research.--The Director shall work with industry, trade associations, professional societies, and others to conduct experimentation, analysis, testing, verification, and demonstration of improved tools and practices that identify-- (A) improved construction methods and materials relevant to structural fire safety; (B) mitigation of progressive collapse; (C) building and ventilation vulnerability reduction tools; (D) equipment standards for first responders; and (E) other ways to reduce the impact of extreme threats to the safety of buildings, their occupants, and emergency responders. (2) Policy research.--The Director shall work with industry, trade associations, professional societies, and others to complete a study of the best methods to ensure full implementation and encourage full compliance with the standards developed in paragraph (1), including-- (A) tax incentives; (B) grants to States that adopt those standards; and (C) other appropriate means. (c) Dissemination and Technical Assistance Program.--The Director shall oversee a dissemination and technical assistance program (referred to in this section as the ``DTAP'') to assist with the immediate dissemination and implementation of the practices, standards, and codes developed by the Institute under subsection (b)(1). (d) Publication of Studies.--The Director shall ensure that the results and recommendations of the Institute under subsection (b) are promptly published for use by the public and private sectors. (e) Reports.-- (1) Initial report.--Not later than 60 days after the date of enactment of this Act, the Director shall submit, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives, a report detailing the Institute's proposed schedule of studies and results, with anticipated dates of implementation. (2) Annual progress reports.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director shall submit a progress report to the committees described under paragraph (1), which summarizes the Institute's activities and determinations under subsection (b). (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, the following sums: (1) $13,000,000 for fiscal year 2004. (2) $9,000,000 for fiscal year 2005. (3) $9,000,000 for fiscal year 2006. (4) $9,000,000 for fiscal year 2007. SEC. 4. PRIVATE SECURITY INDUSTRY TASK FORCE. (a) Establishment.--The Secretary of the Department of Homeland Security (referred to in this section as the ``Secretary'') shall establish a Private Security Industry Task Force (referred to in this section as the ``Task Force'') to-- (1) examine the limitations in training, screening, standard-setting, retention, and oversight practice in the private security industry; (2) develop structural guidelines and standards of quality for the private security industry; and (3) determine the best way to help States to implement such standards and guidelines in a timely and efficient manner. (b) Membership.--The Task Force shall be composed of 25 members, including members representing-- (1) private security employers; (2) private security employees; (3) the private insurance industry; (4) the risk consulting industry; (5) institutional investors; (6) public safety and emergency management professionals; (7) building owners and managers; (8) commercial building tenants; (9) trainers of private security officers; (10) police officers; (11) firefighters; (12) the Office of Employment and Training Administration of the Department of Labor; (13) the Office of Justice Programs of the Department of Justice; (14) the Department of Homeland Security; and (15) State agencies involved in homeland security from different regions of the United States. (c) Chair.-- (1) Appointment.--The Secretary shall appoint a Chair for the Task Force from within the Department of Homeland Security. (2) Responsibilities.--The Chair shall oversee all meetings of, and communications from, the Task Force. (d) Authorized Activities.--In carrying out the provisions of this Act, the Chair and other members of the Task Force may conduct research and coordinate and consult with industry, trade associations, professional societies, and institutions of higher learning, and other appropriate organizations to-- (1) examine the limitations in training, screening, standard-setting, retention, and oversight practice in the private security industry; (2) develop structural guidelines and standards of quality for the private security industry; and (3) determine the best way to help States to implement such standards and guidelines in a timely and efficient manner. (e) Semi-Annual Reports.--Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Chair shall submit a report on the Task Force's activities and determinations under subsection (c)(2) to-- (1) the Committee on Health, Education, Labor, and Pensions of the Senate; (2) the Committee on the Judiciary of the Senate; (3) the Committee on Education and the Workforce of the House of Representatives; and (4) the Committee on the Judiciary of the House of Representatives. (f) Authorization of Appropriations.--There are authorized to be appropriated $500,000 for each of the fiscal years 2004 and 2005 to carry out this section.

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


SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Aviation Improvement Act''. SEC. 2. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION PROGRAM. (a) In General.--Subchapter II of chapter 417 of title 49, United States Code, is amended by striking section 41747, and such title 49 shall be applied as if such section 41747 had not been enacted. (b) Clerical Amendment.--The analysis for chapter 417 of title 49, United States Code, is amended by striking the item relating to section 41747. SEC. 3. PER PASSENGER SUBSIDY FOR ESSENTIAL AIR SERVICE. (a) In General.--Section 41742 of title 49, United States Code, is amended by adding at the end the following: ``(c) Per Passenger Subsidy Cap.-- ``(1) In general.--The Secretary of Transportation may not provide compensation to an air carrier to provide air transportation under this subchapter to an otherwise eligible place in the 48 contiguous States if the eligible place-- ``(A) is located fewer than 70 highway miles from the nearest large or medium hub airport; or ``(B) is fewer than 210 miles from the nearest large or medium hub airport and requires a per passenger subsidy in excess of the dollar amount described in paragraph (2). ``(2) Dollar amount of per passenger subsidy.-- ``(A) In general.--The dollar amount described in this paragraph is-- ``(i) for calendar year 2008, $200; and ``(ii) for each calendar year after calendar year 2008, $200 increased by an amount equal to-- ``(I) $200, multiplied by ``(II) the percentage (if any) by which the CPI for the preceding calendar year exceeds the CPI for calendar year 2007. ``(B) Rounding.--Any increase under subparagraph (A)(ii) shall be rounded to the nearest dollar. ``(3) Definitions.--In this subsection: ``(A) CPI for the preceding calendar year.--The term `CPI for the preceding calendar year' means the average of the Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year. ``(B) Consumer price index.--The term `Consumer Price Index' means the last Consumer Price Index for all-urban consumers published by the Department of Labor.''. (b) Per Passenger Subsidy Defined.--Section 41731(a) of title 49, United States Code, is amended by adding at the end the following: ``(3) `per passenger subsidy' means-- ``(A) the total compensation provided by the Secretary of Transportation to an air carrier under this subchapter that is necessary for the air carrier to provide air transportation to an eligible place, divided by ``(B) the total number of passengers using such air transportation.''. (c) Conforming Repeal.--Section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 (Public Law 106-69; 49 U.S.C. 41731 note) is repealed. SEC. 4. COMMUNITIES ABOVE PER PASSENGER SUBSIDY CAP. (a) In General.--Subchapter II of chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41749. Essential air service for eligible places above per passenger subsidy cap ``(a) Proposals.--A State or local government may submit a proposal to the Secretary of Transportation for compensation for an air carrier to provide air transportation to a place described in subsection (b). ``(b) Place Described.--A place described in this subsection is a place-- ``(1) that is otherwise an eligible place; and ``(2) for which the per passenger subsidy exceeds the dollar amount allowable under section 41742(c). ``(c) Decisions.--Not later than 90 days after receiving a proposal under subsection (a) for compensation for an air carrier to provide air transportation to a place described in subsection (b), the Secretary shall-- ``(1) decide whether to provide compensation for the air carrier to provide air transportation to the place; and ``(2) approve the proposal if the State or local government or a person is willing and able to pay the difference between-- ``(A) the per passenger subsidy; and ``(B) the dollar amount allowable for such subsidy under section 41742(c). ``(d) Compensation Payments.-- ``(1) In general.--The Secretary shall pay compensation under this section at such time and in such manner as the Secretary determines is appropriate. ``(2) Duration of payments.--The Secretary shall continue to pay compensation under this section only as long as-- ``(A) the State or local government or person agreeing to pay compensation under subsection (c)(2) continues to pay such compensation; and ``(B) the Secretary decides the compensation is necessary to maintain air transportation to the place. ``(e) Review.-- ``(1) In general.--The Secretary shall periodically review the type and level of air service provided under this section. ``(2) Consultation.--The Secretary may make appropriate adjustments in the type and level of air service to a place under this section based on the review under paragraph (1) and consultation with the affected community and the State or local government or person agreeing to pay compensation under subsection (c)(2). ``(f) Ending, Suspending, and Reducing Air Transportation.--An air carrier providing air transportation to a place under this section may end, suspend, or reduce such air transportation if, not later than 30 days before ending, suspending, or reducing such air transportation, the air carrier provides notice of the intent of the air carrier to end, suspend, or reduce such air transportation to-- ``(1) the Secretary; ``(2) the affected community; and ``(3) the State or local government or person agreeing to pay compensation under subsection (c)(2).''. (b) Clerical Amendment.--The analysis for chapter 417 of title 49, United States Code, is amended by adding after the item relating to section 41748 the following new item: ``41749. Essential air service for eligible places above per passenger subsidy cap.''. SEC. 5. PREFERRED ESSENTIAL AIR SERVICE. (a) In General.--Subchapter II of chapter 417 of title 49, United States Code, as amended by section 4, is further amended by adding after section 41749 the following: ``Sec. 41750. Preferred essential air service ``(a) Proposals.--A State or local government may submit a proposal to the Secretary of Transportation for compensation for a preferred air carrier described in subsection (b) to provide air transportation to an eligible place. ``(b) Preferred Air Carrier Described.--A preferred air carrier described in this subsection is an air carrier that-- ``(1) submits an application under section 41733(c) to provide air transportation to an eligible place; ``(2) is not the air carrier that submits the lowest cost bid to provide air transportation to the eligible place; and ``(3) is an air carrier that the affected community prefers to provide air transportation to the eligible place instead of the air carrier that submits the lowest cost bid. ``(c) Decisions.--Not later than 90 days after receiving a proposal under subsection (a) for compensation for a preferred air carrier described in subsection (b) to provide air transportation to an eligible place, the Secretary shall-- ``(1) decide whether to provide compensation for the preferred air carrier to provide air transportation to the eligible place; and ``(2) approve the proposal if the State or local government or a person is willing and able to pay the difference between-- ``(A) the rate of compensation the Secretary would provide to the air carrier that submits the lowest cost bid to provide air transportation to the eligible place; and ``(B) the rate of compensation the preferred air carrier estimates to be necessary to provide air transportation to the eligible place. ``(d) Compensation Payments.-- ``(1) In general.--The Secretary shall pay compensation under this section at such time and in such manner as the Secretary determines is appropriate. ``(2) Duration of payments.--The Secretary shall continue to pay compensation under this section only as long as-- ``(A) the State or local government or person agreeing to pay compensation under subsection (c)(2) continues to pay such compensation; and ``(B) the Secretary decides the compensation is necessary to maintain air transportation to the eligible place. ``(e) Review.-- ``(1) In general.--The Secretary shall periodically review the type and level of air service provided under this section. ``(2) Consultation.--The Secretary may make appropriate adjustments in the type and level of air service to an eligible place under this section based on the review under paragraph (1) and consultation with the affected community and the State or local government or person agreeing to pay compensation under subsection (c)(2). ``(f) Ending, Suspending, and Reducing Air Transportation.--A preferred air carrier providing air transportation to an eligible place under this section may end, suspend, or reduce such air transportation if, not later than 30 days before ending, suspending, or reducing such air transportation, the preferred air carrier provides notice of the intent of the preferred air carrier to end, suspend, or reduce such air transportation to-- ``(1) the Secretary; ``(2) the affected community; and ``(3) the State or local government or person agreeing to pay compensation under subsection (c)(2).''. (b) Clerical Amendment.--The analysis for chapter 417 of title 49, United States Code, as amended by section 4, is further amended by adding after the item relating to section 41749 the following new item: ``41750. Preferred essential air service.''. SEC. 6. RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED BY THE SECRETARY TO BE INELIGIBLE FOR SUBSIDIZED ESSENTIAL AIR SERVICE. Section 41733 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(f) Restoration of Eligibility for Subsidized Essential Air Service.-- ``(1) In general.--If the Secretary of Transportation terminates the eligibility of an otherwise eligible place to receive basic essential air service by an air carrier for compensation under subsection (c), a State or local government may submit to the Secretary a proposal for restoring such eligibility. ``(2) Determination by secretary.--If the per passenger subsidy required by the proposal submitted by a State or local government under paragraph (1) does not exceed the per passenger subsidy cap provided under section 41742(c), the Secretary shall issue an order restoring the eligibility of the otherwise eligible place to receive basic essential air service by an air carrier for compensation under subsection (c).''. SEC. 7. CALCULATION OF HIGHWAY MILEAGE TO MEDIUM AND LARGE HUB AIRPORTS. (a) In General.--Section 41731 of title 49, United States Code, is amended by adding at the end the following: ``(c) Calculation of Highway Mileage to Medium and Large Hub Airports.-- ``(1) In general.--In any determination under this subchapter of compensation or eligibility for compensation for essential air service based on the highway mileage of an eligible place from the nearest medium hub airport or large hub airport, the highway mileage shall be that of the most commonly used route, as identified under paragraph (2). ``(2) Most commonly used route.--The Secretary of Transportation shall identify the most commonly used route between an eligible place and the nearest medium hub airport or large hub airport by-- ``(A) consulting with the Governor or a designee of the Governor in the State in which the eligible place is located; and ``(B) considering the certification of the Governor or a designee of the Governor as to the most commonly used route. ``(3) Applicability.--This subsection shall apply only to eligible places in the 48 contiguous States and the District of Columbia.''. (b) Conforming Amendment.--Section 409 of Vision 100--Century of Aviation Reauthorization Act (Public Law 108-176; 49 U.S.C. 41731 note) is repealed. SEC. 8. OFFICE OF RURAL AVIATION. (a) Establishment.--There is established within the Office of the Secretary of Transportation the Office of Rural Aviation (referred to in this section as the ``Office''). (b) Functions.--The functions of the Office are-- (1) to develop a uniform 4-year contract for air carriers providing essential air service to communities under subchapter II of chapter 417 of title 49, United States Code; (2) to develop a mechanism for comparing applications submitted by air carriers under section 41733(c) to provide essential air service to communities, including comparing-- (A) estimates from air carriers on-- (i) the cost of providing essential air service; and (ii) the revenues air carriers expect to receive when providing essential air service; and (B) estimated schedules for air transportation; and (3) to select an air carrier from among air carriers applying to provide essential air service, based on the criteria described in paragraph (2). SEC. 9. EXTENSION OF AUTHORITY TO MAKE AGREEMENTS UNDER THE ESSENTIAL AIR SERVICE PROGRAM. Section 41743(e)(2) of title 49, United States Code, is amended by striking ``2008'' and inserting ``2011''. SEC. 10. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY INCREASED COSTS. Section 41737 of title 49, United States Code, is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) provide for an adjustment in compensation to account for significant increases in fuel costs, in accordance with subsection (e).''; and (2) in subsection (e)-- (A) in paragraph (1), by striking ``may'' and inserting ``shall''; and (B) in paragraph (2), by striking ``may'' and inserting ``shall''. SEC. 11. CHARTER AIR CARRIER PASSENGER BOARDINGS. Notwithstanding any other provision of law, the Secretary of Transportation shall treat passenger boardings on aircraft operated by charter air carriers at airports receiving essential air service under subchapter II of chapter 417 of title 49, United States Code, as passenger boardings for purposes of section 47114(c)(1)(E) of such title. SEC. 12. AUTHORIZATION OF APPROPRIATIONS FOR ESSENTIAL AIR SERVICE. (a) Adjustment to Authorization of Appropriations.--Section 41742 of title 49, United States Code, is amended-- (1) in subsection (a)(2), by striking ``$77,000,000'' and inserting ``$33,000,000''; and (2) in subsection (b), by striking ``Notwithstanding section 47114'' and all that follows. (b) Funds From Airport and Airway Trust Fund.--Section 41737(d)(2) of title 49, United States Code, is amended to read as follows: ``(2) In addition to amounts authorized to be appropriated under section 41742(a), not more than $50,000,000 shall be available to the Secretary out of the Fund for each of the fiscal years 2008 through 2011 to incur obligations under this section. Amounts made available under this section remain available until expended.''.

Summary: Rural Aviation Improvement Act - Repeals the Essential Air Service Local Participation Program. Prohibits the Secretary of Transportation from compensating an air carrier for providing essential air service to an eligible community in the 48 contiguous states if such community: (1) is located fewer than 70 miles from the nearest large or medium hub airport; or (2) is fewer than 210 miles from the nearest large or medium hub airport and requires a per passenger subsidy for such service in excess of $200 for calendar year 2008, including any increase for each ensuing calendar year. Authorizes a state or local government to submit a proposal to the Secretary to: (1) compensate an air carrier for essential air service to an eligible community above the $200 per passenger subsidy cap; (2) compensate a preferred air carrier for providing such service (i.e., an air carrier preferred by the affected community although it is not the lowest bidder); and (3) restore the eligibility of a community to receive subsidized essential air service. Requires the Secretary, in determining compensation (or eligibility for it) for essential air service based on highway mileage, to use the highway mileage of the most commonly used route between the eligible community and the nearest medium hub airport or large hub airport. Establishes within the Office of the Secretary the Office of Rural Aviation. Extends through FY2011 the Secretary's authority under the essential air service program to make agreements to provide assistance to underserved airports. Requires adjustment of compensation to air carriers for providing essential air service in order to take into account significant increases in fuel costs. Directs the Secretary to treat passenger boardings on aircraft operated by charter air carriers at airports receiving essential air service as passenger boardings for purposes of making apportionments of airport improvement grant funds.


SECTION 1. BREAKTHROUGH THERAPIES. (a) In General.--Section 506 (21 U.S.C. 356) is amended-- (1) by redesignating subsection (d) as subsection (f); (2) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; (3) by inserting before subsection (b), as so redesignated, the following: ``(a) Designation of a Drug as a Breakthrough Therapy.-- ``(1) In general.--The Secretary shall, at the request of the sponsor of a drug, expedite the development and review of such drug if the drug is intended, alone or in combination with 1 or more other drugs, to treat a serious or life-threatening disease or condition and preliminary clinical evidence indicates that the drug may demonstrate substantial improvement over existing therapies on 1 or more clinically significant endpoints, such as substantial treatment effects observed early in clinical development. (In this section, such a drug is referred to as a `breakthrough therapy'.) ``(2) Request for designation.--The sponsor of a drug may request the Secretary to designate the drug as a breakthrough therapy. A request for the designation may be made concurrently with, or at any time after, the submission of an application for the investigation of the drug under section 505(i) or section 351(a)(3) of the Public Health Service Act. ``(3) Designation.-- ``(A) In general.--Not later than 60 calendar days after the receipt of a request under paragraph (2), the Secretary shall determine whether the drug that is the subject of the request meets the criteria described in paragraph (1). If the Secretary finds that the drug meets the criteria, the Secretary shall designate the drug as a breakthrough therapy and shall take such actions as are appropriate to expedite the development and review of the application for approval of such drug. ``(B) Actions.--The actions to expedite the development and review of an application under subparagraph (A) may include, as appropriate-- ``(i) holding meetings with the sponsor and the review team throughout the development of the drug; ``(ii) providing timely advice to, and interactive communication with, the sponsor regarding the development of the drug to ensure that the development program to gather the non- clinical and clinical data necessary for approval is as efficient as practicable; ``(iii) involving senior managers and experienced review staff, as appropriate, in a collaborative, cross-disciplinary review; ``(iv) assigning a cross-disciplinary project lead for the Food and Drug Administration review team to facilitate an efficient review of the development program and to serve as a scientific liaison between the review team and the sponsor; and ``(v) taking steps to ensure that the design of the clinical trials is as efficient as practicable, when scientifically appropriate, such as by minimizing the number of patients exposed to a potentially less efficacious treatment.''; (4) in subsection (f)(1), as so redesignated, by striking ``applicable to accelerated approval'' and inserting ``applicable to breakthrough therapies, accelerated approval, and''; and (5) by adding at the end the following: ``(g) Report.--Beginning in fiscal year 2013, the Secretary shall annually prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and make publicly available, with respect to this section for the previous fiscal year-- ``(1) the number of drugs for which a sponsor requested designation as a breakthrough therapy; and ``(2) the number of products designated as a breakthrough therapy.''. (b) Guidance; Amended Regulations.-- (1) In general.-- (A) Guidance.--Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall issue draft guidance on implementing the requirements with respect to breakthrough therapies, as set forth in section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)), as amended by this section. The Secretary shall issue final guidance not later than 1 year after the close of the comment period for the draft guidance. (B) Amended regulations.-- (i) In general.--If the Secretary determines that it is necessary to amend the regulations under title 21, Code of Federal Regulations in order to implement the amendments made by this section to section 506(a) of the Federal Food, Drug, and Cosmetic Act, the Secretary shall amend such regulations not later than 2 years after the date of enactment of this Act. (ii) Procedure.--In amending regulations under clause (i), the Secretary shall-- (I) issue a notice of proposed rulemaking that includes the proposed regulation; (II) provide a period of not less than 60 days for comments on the proposed regulation; and (III) publish the final regulation not less than 30 days before the effective date of the regulation. (iii) Restrictions.--Notwithstanding any other provision of law, the Secretary shall promulgate regulations implementing the amendments made by this section only as described in clause (ii). (2) Requirements.--Guidance issued under this section shall-- (A) specify the process and criteria by which the Secretary makes a designation under section 506(a)(3) of the Federal Food, Drug, and Cosmetic Act; and (B) specify the actions the Secretary shall take to expedite the development and review of a breakthrough therapy pursuant to such designation under such section 506(a)(3), including updating good review management practices to reflect breakthrough therapies. (c) Independent Review.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States, in consultation with appropriate experts, shall assess the manner by which the Food and Drug Administration has applied the processes described in section 506(a) of the Federal Food, Drug, and Cosmetic Act, as amended by this section, and the impact of such processes on the development and timely availability of innovative treatments for patients affected by serious or life-threatening conditions. Such assessment shall be made publicly available upon completion. (d) Conforming Amendments.--Section 506B(e) (21 U.S.C. 356b) is amended by striking ``section 506(b)(2)(A)'' each place such term appears and inserting ``section 506(c)(2)(A)''.

Summary: Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services (HHS), at the request of the sponsor of a drug, to expedite the drug's development and review if: (1) it is intended, either alone or in combination, to treat a serious life-threatening disease or condition; and (2) preliminary clinical evidence indicates that the drug may demonstrate substantial improvement over existing therapies on one or more clinically significant endpoints. Authorizes the drug's sponsor to request the Secretary to designate the drug as a breakthrough therapy. Requires the Secretary, within 60 days of such request, to determine whether the drug meets such criteria and, if so, make such designation, followed by appropriate actions to expedite its development and review for approval. Requires an annual report from the Secretary to Congress on drugs for which breakthrough designations were requested and approved. Directs the Secretary to issue guidance on implementing requirements with respect to breakthrough therapies and to amend promulgated regulations. Requires the Comptroller General to assess the manner by which the Food and Drug Administration (FDA) has applied the processes established by this Act and their impact on the development and timely availability of innovative treatments for patients affected by serious or life-threatening conditions.