SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Rights Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) the ownership of private property plays an important role in the economic and social well-being of the Nation; (2) the protection of private property from a taking by the Government without just compensation is an integral protection for private citizens incorporated into the United States Constitution by the fifth amendment and made applicable to the States by the fourteenth amendment; (3) Federal agency actions that restrict the use of private property and result in a significant diminution in value of such property constitute a taking of that property and should be properly compensated; (4) Federal agencies should consider the impact of agency actions, including regulations, on the use and ownership of private property; and (5) owners of private property that is taken by a Federal agency action should be permitted to seek relief in Federal district court. SEC. 3. STATEMENT OF POLICY. The policy of the Federal Government is to protect the health, safety, and general welfare of the public in a manner that, to the extent practicable, avoids takings of private property. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``agency'' means a department, agency, independent agency, or instrumentality of the United States, including any military department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the United States Government; (2) the term ``agency action'' means any action, inaction, or decision taken by an agency and includes such an action, inaction, or decision taken by, or pursuant to-- (A) a statute, rule, regulation, order, guideline, or policy; or (B) the issuance, denial, or suspension of any permit, license, or authorization; (3) the term ``owner'' means the person with title, possession, or other property rights in property affected by any taking of such property; and (4) the term ``taking of private property'' means any action whereby private property is taken in such a way as to require compensation under the fifth amendment to the United States Constitution. SEC. 5. REQUIREMENT FOR PRIVATE PROPERTY TAKING IMPACT ANALYSIS. (a) In General.--To the fullest extent possible-- (1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies under this Act; and (2) subject to subsection (b), each agency shall complete a private property taking impact analysis before taking any agency action (including the promulgation of a regulation) which is likely to result in a taking of private property. (b) Nonapplication.--Subsection (a)(2) shall not apply to-- (1) an action in which the power of eminent domain is formally exercised; (2) an action taken-- (A) with respect to property held in trust by the United States; or (B) in preparation for, or in connection with, treaty negotiations with foreign nations; (3) a law enforcement action, including seizure, for a violation of law, of property for forfeiture or as evidence in a criminal proceeding; (4) a communication between an agency and a State or local land-use planning agency concerning a planned or proposed State or local activity that regulates private property, regardless of whether the communication is initiated by an agency or is undertaken in response to an invitation by the State or local authority; (5) the placement of a military facility or a military activity involving the use of solely Federal property; (6) any military or foreign affairs function (including a procurement function under a military or foreign affairs function), but not including the civil works program of the Army Corps of Engineers; and (7) any case in which there is an immediate threat to health or safety that constitutes an emergency requiring immediate response or the issuance of a regulation under section 553(b)(B) of title 5, United States Code, if the taking impact analysis is completed after the emergency action is carried out or the regulation is published. (c) Content of Analysis.--A private property taking impact analysis shall be a written statement that includes-- (1) the specific purpose of the agency action; (2) an assessment of the likelihood that a taking of private property will occur under such agency action; (3) an evaluation of whether such agency action is likely to require compensation to private property owners; (4) alternatives to the agency action that would-- (A) achieve the intended purposes of the agency action; and (B) lessen the likelihood that a taking of private property will occur; and (5) an estimate of the potential liability of the Federal Government if the Government is required to compensate a private property owner as a result of the agency action. (d) Submission to OMB.--Each agency shall provide the analysis required under this section as part of any submission otherwise required to be made to the Office of Management and Budget relating to an agency action. (e) Public Availability of Analysis.--An agency shall-- (1) make each private property taking impact analysis available to the public; and (2) to the greatest extent practicable, transmit a copy of such analysis to the owner and any other person with a property right or interest in the affected property. SEC. 6. ALTERNATIVES TO TAKING OF PRIVATE PROPERTY. Before taking any final agency action, the agency shall fully consider alternatives described in section 5(c)(4) and shall, to the maximum extent practicable, alter the action to avoid or minimize the taking of private property. SEC. 7. CIVIL ACTION. (a) Standing.--If an agency action results in the taking of private property, the owner of such property may obtain appropriate relief in a civil action against the agency that has caused the taking to occur. (b) Jurisdiction.--Notwithstanding sections 1346 or 1491 of title 28, United States Code-- (1) a civil action against the agency may be brought in either the United States District Court in which the property at issue is located or in the United States Court of Federal Claims, regardless of the amount in controversy; and (2) if property is located in more than 1 judicial district, the claim for relief may be brought in any district in which any part of the property is located. SEC. 8. GUIDANCE AND REPORTING REQUIREMENTS. (a) Guidance.--The Attorney General shall provide legal guidance in a timely manner, in response to a request by an agency, to assist the agency in complying with this Act. (b) Reports.-- (1) In general.--Not later than 1 year after the date of enactment of this Act and at the end of each 1-year period thereafter, each agency shall submit a report to the Director of the Office of Management and Budget and the Attorney General that identifies-- (A) each agency action that has resulted in the preparation of a taking impact analysis; (B) the filing of a taking claim; and (C) any award of compensation pursuant to the just compensation clause of the fifth amendment to the Constitution. (2) Publication of reports.--The Director of the Office of Management and Budget and the Attorney General shall publish in the Federal Register, on an annual basis, a compilation of the reports of all agencies made under this paragraph. SEC. 9. PRESUMPTIONS IN PROCEEDINGS. For the purpose of any agency action or administrative or judicial proceeding, there shall be a rebuttable presumption that the costs, values, and estimates in any private property takings impact analysis shall be outdated and inaccurate, if-- (1) such analysis was completed 5 years or more before the date of such action or proceeding; and (2) such costs, values, or estimates have not been modified within the 5-year period preceding the date of such action or proceeding. SEC. 10. RULES OF CONSTRUCTION. Nothing in this Act shall be construed to-- (1) limit any right or remedy, constitute a condition precedent or a requirement to exhaust administrative remedies, or bar any claim of any person relating to such person's property under any other law, including claims made under this Act, section 1346 or 1402 of title 28, United States Code, or chapter 91 of title 28, United States Code; or (2) constitute a conclusive determination of-- (A) the value of any property for purposes of an appraisal for the acquisition of property, or for the determination of damages; or (B) any other material issue. SEC. 11. EFFECTIVE DATE. This Act shall take effect 120 days after the date of enactment of this Act.

Summary: Private Property Rights Act of 1997 - States that the policy of the Federal Government is to protect the health, safety, and welfare of the public in a manner that, to the extent practicable, avoids takings of private property. (Sec. 5) Directs each Federal agency to complete a private property taking impact analysis before taking any agency action (including the promulgation of a regulation) which is likely to result in a taking of private property. Exempts from such requirement certain: (1) actions in which the power of eminent domain is formally exercised; (2) any action taken with respect to property held in trust by the United States or in connection with treaty negotiations; (3) law enforcement actions; (4) communications between a Federal agency and a State or local land-use planning agency about a proposed State or local activity regulating private property; (5) military activities or military or foreign affairs functions; and (6) emergencies involving immediate threats to health or safety. Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act. Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public. Requires each agency to provide the analysis required under this Act as part of any submission otherwise required to be made to the Office of Management and Budget (OMB) relating to an agency action. (Sec. 6) Requires the agency, before taking any final agency action, to fully consider alternatives described in this Act, and to the maximum extent practicable, alter the action to avoid or minimize the taking of private property. (Sec. 7) Allows the owner of private property, if an agency action results in the taking of such property, to obtain appropriate relief in a civil action against the agency that has caused the taking to occur. Provides for a civil action against the agency to be brought: (1) in either the U.S. District Court in which the property at issue is located or in the U.S. Court of Federal Claims (currently), regardless of the amount in controversy; and (2) if the property is located in more than one judicial district, in any district in which any part of the property is located. (Sec. 8) Directs the Attorney General to provide legal guidance in a timely manner, in response to a request by an agency, to assist it in complying with this Act. Requires annual reports by each agency to the OMB Director and Attorney General identifying each agency action that has resulted in the preparation of a taking impact analysis, the filing of a taking claim, and any award of compensation pursuant to the Just Compensation Clause of the fifth amendment to the Constitution. (Sec. 9) Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.


SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Mammogram Availability Act of 1999''. (b) Findings.--Congress finds the following: (1) Breast cancer is the single leading cause of death for women between the ages of 40 and 49 in the United States (2) An expert panel convened by the National Institutes of Health recommended on January 23, 1997, that all women between the ages of 40 and 49 should choose for themselves, following consultation with their health care provider, whether to undergo screening mammography. (3) The same panel unanimously recommended that for women between the ages of 40 and 49 who choose to have a screening mammogram, costs of the mammograms should be reimbursed by third-party payers or covered by health maintenance organizations. SEC. 2. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER GROUP HEALTH PLANS. (a) Public Health Service Act Amendments.-- (1) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY. ``(a) Requirements for Coverage of Annual Screening Mammography.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for diagnostic mammography for any woman who is 40 years of age or older shall provide coverage for annual screening mammography for such a woman under terms and conditions that are not less favorable than the terms and conditions for coverage of diagnostic mammography. ``(2) Diagnostic and screening mammography defined.--For purposes of this section-- ``(A) The term `diagnostic mammography' means a radiologic procedure that is medically necessary for the purpose of diagnosing breast cancer and includes a physician's interpretation of the results of the procedure. ``(B) The term `screening mammography' means a radiologic procedure provided to a woman for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny coverage for annual screening mammography on the basis that the coverage is not medically necessary or on the basis that the screening mammography is not pursuant to a referral, consent, or recommendation by any health care provider; ``(2) deny to a woman eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(3) provide monetary payments or rebates to women to encourage such women to accept less than the minimum protections available under this section; ``(4) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; or ``(5) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(c) Rules of Construction.-- ``(1) Nothing in this section shall be construed to require a woman who is a participant or beneficiary to undergo annual screening mammography. ``(2) This section shall not apply with respect to any group health plan, or any group health insurance coverage offered by a health insurance issuer, which does not provide benefits for diagnostic mammography. ``(3) Nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits for screening mammography under the plan (or under health insurance coverage offered in connection with a group health plan), except that such coinsurance or other cost- sharing for any portion may not be greater than such coinsurance or cost-sharing that is otherwise applicable with respect to benefits for diagnostic mammography. ``(4) Women between the ages of 40 and 49 should (but are not required to) consult with appropriate health care practitioners before undergoing screening mammography, but nothing in this section shall be construed as requiring the approval of such a practitioner before undergoing an annual screening mammography. ``(d) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(e) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(f) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 2723(d)(1)) for a State that regulates such coverage, that requires coverage to be provided for annual screening mammography for women who are 40 years of age or older and that provides at least the protections described in subsection (b). ``(2) Construction.--Section 2723(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (2) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (b) ERISA Amendments.-- (1) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY. ``(a) Requirements for Coverage of Annual Screening Mammography.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for diagnostic mammography for any woman who is 40 years of age or older shall provide coverage for annual screening mammography for such a woman under terms and conditions that are not less favorable than the terms and conditions for coverage of diagnostic mammography. ``(2) Diagnostic and screening mammography defined.--For purposes of this section-- ``(A) The term `diagnostic mammography' means a radiologic procedure that is medically necessary for the purpose of diagnosing breast cancer and includes a physician's interpretation of the results of the procedure. ``(B) The term `screening mammography' means a radiologic procedure provided to a woman for the purpose of early detection of breast cancer and includes a physician's interpretation of the results of the procedure. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny coverage described in subsection (a)(1) on the basis that the coverage is not medically necessary or on the basis that the screening mammography is not pursuant to a referral, consent, or recommendation by any health care provider; ``(2) deny to a woman eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(3) provide monetary payments or rebates to women to encourage such women to accept less than the minimum protections available under this section; ``(4) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; or ``(5) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(c) Rules of Construction.-- ``(1) Nothing in this section shall be construed to require a woman who is a participant or beneficiary to undergo annual screening mammography. ``(2) This section shall not apply with respect to any group health plan, or any group health insurance coverage offered by a health insurance issuer, which does not provide benefits for diagnostic mammography. ``(3) Nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits for screening mammography under the plan (or under health insurance coverage offered in connection with a group health plan), except that such coinsurance or other cost- sharing for any portion may not be greater than such coinsurance or cost-sharing that is otherwise applicable with respect to benefits for diagnostic mammography. ``(4) Women between the ages of 40 and 49 should (but are not required to) consult with appropriate health care practitioners before undergoing screening mammography, but nothing in this section shall be construed as requiring the approval of such a practitioner before undergoing an annual screening mammography. ``(d) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply. ``(e) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(f) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 731(d)(1)) for a State that regulates such coverage, that requires coverage to be provided for annual screening mammography for women who are 40 years of age or older, and that provides at least the protections described in subsection (b). ``(2) Construction.--Section 731(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (2) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (3) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (4) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standards relating to benefits for screening mammography.''. (c) Effective Dates.--(1) Subject to paragraph (2), the amendments made by this section shall apply with respect to group health plans (and health insurance coverage offered in connection with group health plans) for plan years beginning on or after January 1, 1999. (2) In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 1999. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 3. COVERAGE OF ANNUAL SCREENING MAMMOGRAPHY UNDER INDIVIDUAL HEALTH COVERAGE. (a) In General.--Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2751 the following new section: ``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY. ``(a) In General.--The provisions of section 2706 (other than subsections (d) and (f)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan. ``(c) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 2723(d)(1)) for a State that regulates such coverage, that requires coverage in the individual health insurance market to be provided for annual screening mammography for women who are 40 years of age or older and that provides at least the protections described in section 2706(b) (as applied under subsection (a)). ``(2) Construction.--Section 2762(a) shall not be construed as superseding a State law described in paragraph (1).''. (b) Conforming Amendment.--Section 2763(b)(2) of such Act (42 U.S.C. 300gg-63(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Effective Date.--The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, or renewed in the individual market on or after such January 1, 1999.

Summary: Mammogram Availability Act of 1999 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and a health insurance issuer offering group coverage, that provides coverage for diagnostic mammographies for any woman 40 years old or older to provide coverage for annual screening mammographies for such a woman. Prohibits related enrollment and renewal discrimination, monetary incentives to women, and penalties or incentives to providers. Amends the Public Health Service Act to apply those requirements and prohibitions to coverage offered by an issuer in the individual market.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Empowerment Act of 2015''. SEC. 2. AMENDMENTS. (a) In General.--Part III of title 5, United States Code, is amended by inserting after chapter 79 the following: ``CHAPTER 79A--SERVICES TO MEMBERS OF THE PUBLIC ``Sec. ``7921. Procedures for in-person and telephonic interactions conducted by executive branch employees. ``Sec. 7921. Procedures for in-person and telephonic interactions conducted by executive branch employees ``(a) Definitions.--For purposes of this section-- ``(1) the term `telephonic' means by telephone or other similar electronic device; and ``(2) the term `State' means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(b) Recording of Enforcement Actions.-- ``(1) Recording by individuals.--Any employee of an Executive agency who is conducting an in-person or a telephonic interview, audit, investigation, inspection, or other official in-person or telephonic interaction with an individual, relating to a possible or alleged violation of any Federal statute or regulation that could result in the imposition of a fine, forfeiture of property, civil monetary penalty, or criminal penalty against, or the collection of an unpaid tax, fine, or penalty from, such individual or a business owned or operated by such individual, shall allow such individual to make an audio recording of such in-person or telephonic interaction at the individual's own expense and with the individual's own equipment. ``(2) Recording by federal employees.--Any employee of an Executive agency that is conducting an in-person or a telephonic interaction described in paragraph (1) may record that interaction if such employee-- ``(A) informs the individual of such recording prior to or at the initiation of the in-person or telephonic interaction; and ``(B) upon request of the individual, provides the individual with a transcript or copy of such recording, but only if the individual provides reimbursement for the cost of the transcription and reproduction of such transcript or copy. ``(c) Explanations of Rights.-- ``(1) In general.--Any employee of an Executive agency shall, before or at an initial in-person or telephonic interview, audit, investigation, inspection, or other official in-person or telephonic interaction, described in subsection (b)(1), provide to the individual a verbal or written notice of the individual's rights under this section. ``(2) Separate notifications for separate violations.-- Paragraph (1) shall not, for purposes of any interaction described in subsection (b)(1), be considered satisfied based on a notification previously given if that previous notification was given in the case of a possible or alleged violation separate from the possible or alleged violation at hand. ``(d) Application to Official Representative or Those Holding Power of Attorney.--Any person who is permitted to represent, before an Executive agency described in subsection (b)(1), an individual permitted to make an audio recording under such subsection of an in- person or a telephonic interaction conducted by an employee of that Executive agency-- ``(1) shall be permitted-- ``(A) to make an audio recording under subsection (b)(1) as if the person were such individual; and ``(B) to receive a transcript or copy of an audio recording under subsection (b)(2) as if the person were such individual; ``(2) shall receive the same notice as that which is required to be provided to the individual under subsection (c); and ``(3) with respect to an audio recording (as referred to in paragraph (1)(A)) and a transcript or copy of a recording (as referred to in paragraph (1)(B)), shall have the same rights as described in subsection (e). ``(e) Property of Audio Recording.--Any audio recording or transcript of an audio recording made pursuant to subsection (b)(1) or provided to an individual pursuant to subsection (b)(2)(B) shall be the property of such individual. ``(f) No Cause of Action.--This section does not create any express or implied private right of action. ``(g) Exceptions.-- ``(1) Classified information, public safety, criminal investigation.--This section shall not apply to any in-person or telephonic interaction-- ``(A) that is likely to include the discussion of classified material; ``(B) that is likely to include the discussion of information that, if released publicly, would endanger public safety; or ``(C) that, if released, would endanger an ongoing criminal investigation if such investigation is being conducted by a Federal law enforcement officer (as defined by section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008) who is employed by a Federal law enforcement agency. ``(2) Determination by employees.--An employee of an Executive agency who makes a determination that an exception created by paragraph (1) applies to an in-person or a telephonic interaction or to a series of such interactions shall provide written notification of such determination to any person who would otherwise be permitted to make an audio recording of the interaction under subsection (b)(1) or (d). ``(h) Prior Law.--For the purposes set forth in paragraphs (1) and (2) of subsection (b), this section supersedes section 2511(2)(d) of title 18 and any provision of Federal or State law insofar as such section or provision relates to the recording of an in-person or a telephonic interaction described in subsection (b)(1). ``(i) Disciplinary Action.--An employee who violates this section shall be subject to appropriate disciplinary action in accordance with otherwise applicable provisions of law.''. (b) Clerical Amendment.--The analysis for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 79 the following: ``79A. Services to Members of the Public.................... 7921''.

Summary: Citizen Empowerment Act of 2015 Requires any executive agency employee who is conducting an in-person or a telephonic interview, audit, investigation, inspection, or other official interaction with an individual relating to a possible violation of federal law that could result in the imposition of civil or criminal fines or penalties or the collection of unpaid tax to allow such individual to make an audio recording of the interaction. Permits the employee conducting the interaction to record it if the employee: (1) informs the individual of the recording prior to or at the initiation of the interaction, and (2) provides the individual with a transcript of the recording at such individual's expense. Requires the employee conducting an initial in-person or telephonic interview or other interaction to provide to the individual a verbal or written notice of such individual's rights. Exempts from the application of this Act any in-person or telephonic interview or other interaction that: (1) is likely to include the discussion of classified material or information that would endanger public safety if released publicly; or (2) if released, would endanger an ongoing criminal investigation being conducted by a federal law enforcement officer.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Stand By Every Ad Act of 2010''. SEC. 2. REQUIRING PERSONAL DISCLOSURE STATEMENTS IN EXPRESS ADVOCACY COMMUNICATIONS. (a) Application of Disclosure Requirements to Communications Consisting of Functional Equivalent of Express Advocacy.--Section 318(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(a)) is amended by striking ``clearly identified candidate,'' and inserting ``clearly identified candidate or consisting of the functional equivalent of express advocacy,''. (b) Requiring Statement Identifying Head of Entity Paying for Communication.--Section 318(d) of such Act (2 U.S.C. 441d(d)) is amended-- (1) in paragraph (2), by striking ``Any communication'' and inserting ``Except as provided in paragraph (3), any communication''; and (2) by adding at the end the following new paragraph: ``(3) Special rules for express advocacy communications.-- ``(A) Personal disclosure statement required.--Any communication described in paragraph (3) of subsection (a) which expressly advocates the election or defeat of a clearly identified candidate, or which consists of the functional equivalent of express advocacy, and which is transmitted through radio or television shall include, in addition to the requirements of that paragraph-- ``(i) the individual disclosure statement described in subparagraph (C) (if the person paying for the communication is an individual) or the organizational disclosure statement described in subparagraph (D) (if the person paying for the communication is not an individual); and ``(ii) if the person who paid for the communication received any disbursement from another person for purposes of financing the communication, a statement of the names of the persons providing the largest disbursements for such purposes, except that the number of persons identified in the statement may not exceed 5. ``(B) Method of conveyance of statement.-- ``(i) Communications transmitted through radio.--In the case of a communication to which this paragraph applies which is transmitted through radio, the disclosure statements required under subparagraph (A)-- ``(I) shall be made by audio in a clearly spoken manner; and ``(II) in the case of the individual disclosure statement described in subparagraph (C) or the organization disclosure statement described in subparagraph (D), shall be made by the applicable individual. ``(ii) Communications transmitted through television.--In the case of a communication to which this paragraph applies which is transmitted through television, the disclosure statements required under subparagraph (A)-- ``(I) shall appear in writing at the end of the communication in a clearly readable manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds; and ``(II) in the case of the individual disclosure statement described in subparagraph (C) or the organization disclosure statement described in subparagraph (D), shall be conveyed by an unobscured, full-screen view of the applicable individual, or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or similar image of the individual. ``(C) Individual disclosure statement described.-- The individual disclosure statement described in this subparagraph is the following: `I am _______, and I am responsible for the content of this advertising.', with the blank filled in with the name of the applicable individual. ``(D) Organizational disclosure statement described.--The organizational disclosure statement described in this subparagraph is the following: `I am _______, the _______ of _______, and _______ is responsible for the content of this advertising.', with-- ``(i) the first blank to be filled in with the name of the applicable individual; ``(ii) the second blank to be filled in with the title of the applicable individual; and ``(iii) the third and fourth blank each to be filled in with the name of the person paying for the communication. ``(E) Applicable individual defined.--In this paragraph, the term `applicable individual' means, with respect to a communication to which this paragraph applies-- ``(i) if the communication is paid for by an individual, the individual paying for the communication; ``(ii) if the communication is paid for by a corporation, the chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation); ``(iii) if the communication is paid for by a labor organization, the highest ranking officer of the labor organization; or ``(iv) if the communication is paid for by any other person, the president, chief executive officer, highest ranking official, or similar officer of the person who serves in an executive, decisionmaking capacity with respect to the making of communications to which this paragraph applies.''. (c) Effective Date.--The amendment made by subsection (a) shall apply with respect to communications made on or after the date of the enactment of this Act. SEC. 3. APPLICATION OF DISCLOSURE REQUIREMENTS FOR AUDIO AND VIDEO COMMUNICATIONS TO AUDIO AND VIDEO PORTIONS OF COMMUNICATIONS TRANSMITTED THROUGH INTERNET OR ELECTRONIC MAIL. (a) Communications by Candidates or Authorized Persons.--Section 318(d)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(d)(1)) is amended by adding at the end the following new subparagraph: ``(C) Audio and video portions of communications transmitted through internet or electronic mail.--In the case of a communication described in paragraph (1) or (2) of subsection (a) which is transmitted through the Internet or through any form of electronic mail-- ``(i) any audio portion of the communication shall meet the requirements applicable under subparagraph (A) to communications transmitted through radio; and ``(ii) any video portion of the communication shall meet the requirements applicable under subparagraph (B) to communications transmitted through television.''. (b) Communications by Others.-- (1) In general.--Section 318(d)(2) of such Act (2 U.S.C. 441d(d)(2)) is amended by adding at the end the following: ``In the case of a communication described in paragraph (3) of subsection (a) which is transmitted through the Internet or through any form of electronic mail, any audio portion of the communication shall meet the requirements applicable under this paragraph to communications transmitted through radio and any video portion of the communication shall meet the requirements applicable under this paragraph to communications transmitted through television.''. (2) Application of special personal disclosure rules for express advocacy communications.--Section 318(d)(3) of such Act, as added by section 2(a), is amended-- (A) in subparagraph (A), by striking ``radio or television'' and inserting ``radio or television, through the Internet, or through any form of electronic mail''; and (B) in subparagraph (B), by adding at the end the following new clause: ``(iii) Communications transmitted through internet or electronic mail.--In the case of a communication to which this paragraph applies which is transmitted through the Internet or through any form of electronic mail, any audio portion of the communication shall meet the requirements applicable under this paragraph to communications transmitted through radio and any video portion of the communication shall meet the requirements applicable under this paragraph to communications transmitted through television.''. SEC. 4. DISCLOSURE REQUIREMENTS FOR CAMPAIGN COMMUNICATIONS MADE THROUGH PRERECORDED TELEPHONE CALLS. (a) Application of Requirements.--Section 318(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(a)) is amended by inserting after ``mailing,'' each place it appears the following: ``telephone call which consists in substantial part of a prerecorded audio message,''. (b) Treatment as Audio Communication.-- (1) Communications by candidates or authorized persons.-- Section 318(d)(1) of such Act (2 U.S.C. 441d(d)(1)), as amended by section 3(a), is further amended by adding at the end the following new subparagraph: ``(D) Prerecorded telephone calls.--Any communication described in paragraph (1) or (2) of subsection (a) which is a telephone call which consists in substantial part of a prerecorded audio message shall meet the requirements applicable under subparagraph (A) to communications transmitted through radio, except that the statement required under such subparagraph shall be made at the beginning of the telephone call.''. (2) Communications by others.-- (A) In general.--Section 318(d)(2) of such Act (2 U.S.C. 441d(d)(2)), as amended by section 3(b), is further amended by adding at the end the following: ``Any communication described in paragraph (3) of subsection (a) which is a telephone call which consists in substantial part of a prerecorded audio message shall meet the requirements applicable under this paragraph to communications transmitted through radio, except that the statement required shall be made at the beginning of the telephone call.''. (B) Application of special personal disclosure rules for express advocacy communications.--Section 318(d)(3) of such Act, as added by section 2(a) and as amended by section 3(b)(2), is further amended-- (i) in subparagraph (A), by striking ``electronic mail'' and inserting ``electronic mail, or which is a telephone call which consists in substantial part of a prerecorded audio message,''; and (ii) in subparagraph (B), by adding at the end the following new clause: ``(iv) Communications made through prerecorded telephone calls.--Any communication to which this paragraph applies which is a telephone call which consists in substantial part of a prerecorded audio message shall meet the requirements applicable under this paragraph to communications transmitted through radio.''. SEC. 5. NO EXPANSION OF PERSONS SUBJECT TO DISCLAIMER REQUIREMENTS ON INTERNET COMMUNICATIONS. Nothing in this Act or the amendments made by this Act may be construed to require any person who is not required under section 318 of the Federal Election Campaign Act of 1971 (as provided under section 110.11 of title 11 of the Code of Federal Regulations) to include a disclaimer on communications made by the person through the Internet to include any disclaimer on any such communications. SEC. 6. EFFECTIVE DATE. Except as provided in section 2(c), the amendments made by this Act shall apply with respect to communications made on or after the expiration of the 90-day period which begins on the date of the enactment of this Act.

Summary: Stand By Every Ad Act of 2010 - Amends the Federal Election Campaign Act of 1971 to require the identification of funding and authorizing sources in communications expressly advocating the election or defeat of a clearly identified candidate (as under current law) or which consist of the functional equivalent of express advocacy. Prescribes special rules for express advocacy radio and television communications which are not authorized by a candidate, an authorized political committee of a candidate, or its agents. Requires individual disclosure statements about the head of the entity paying for the communication and about any other person that disbursed funds to the entity to finance the communication. Requires disclosure of such identifying information within audio and video communications made through the Internet or e-mail. Applies such disclosure requirements to prerecorded telephone calls.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Books Opening Opportunity for Knowledge Act of 2014'' or the ``E-BOOK Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) Rising costs are making it increasingly difficult for students and their families to afford a college education. (2) In addition to the growing price of tuition, fees, and room and board, the average college student in the United States must also spend more than $1,000 per year on textbooks and supplies. (3) New learning technologies in higher education provide a growing opportunity to reduce the cost of course materials for students and their families. (4) All students deserve the opportunity to obtain a high- quality education and acquire the skills needed to compete in 21st-century economy. SEC. 3. PURPOSE. The purpose of this Act is to identify savings in the cost of public college education for undergraduate students by funding pilot programs in institutions of higher education to provide expanded access to digital course materials as part of their academic programs. SEC. 4. GRANTS TO EXPAND ACCESS TO DIGITAL COURSE MATERIALS. Title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161a et seq.) is amended by adding at the end the following new part: ``PART BB--GRANTS FOR THE EXPANSION OF ACCESS TO DIGITAL COURSE MATERIALS ``SEC. 891. GRANTS FOR ACCESS TO DIGITAL COURSE MATERIALS. ``(a) Grants Authorized.-- ``(1) In general.--From amounts made available by the Secretary pursuant to subsection (g), the Secretary may award grants on a competitive basis to not more than 10 institutions of higher education to reduce the cost of attendance for undergraduate students by providing such students with expanded access to digital course materials. ``(2) Amount of funds to be awarded.--The Secretary shall determine the amount of funds to be awarded for each grant based on the number of students to be served under the grant, except that no grant under this section shall be in an amount that is more than $2,000,000. ``(b) Application.--An institution desiring to obtain a grant under this section shall submit an application to the Secretary at such time, in such form, and accompanied by such information, agreements, and assurances as the Secretary may reasonably require. ``(c) Preference.--In awarding grants under this section, the Secretary shall give preference to applications that demonstrate a commitment to serving disadvantaged students. ``(d) Use of Funds.--Each grant awarded under this section shall provide to an institution of higher education funds to support a pilot program for the institution to make digital course materials available to undergraduate students in at least two different academic departments. Such funds may be used for any of the following: ``(1) Purchasing and maintaining electronic equipment or software necessary for the operation of the pilot program, including mobile computer devices and accompanying hardware, software applications, computer systems and platforms, digital and online content, online instruction, and other online services and support. ``(2) Purchasing and maintaining digital and online content for the institution to make available electronically to instructors or students, including paying any copyright fees associated with the digital distribution of physical course materials. ``(3) Hiring staff for the administration of the pilot program, with priority given to hiring enrolled undergraduate students. ``(4) Building or acquiring extra storage space dedicated to equipment used for the pilot program. ``(5) Revising and adapting academic curricula as needed to implement the pilot program. ``(6) Acquiring such other goods or services as the Secretary determines appropriate. ``(e) Reporting Requirements.-- ``(1) Report to the secretary.--After a period of time to be determined by the Secretary, each institution of higher education that receives a grant under this section shall submit to the Secretary a report that includes-- ``(A) an assessment of the effectiveness of the pilot program funded by the grant in reducing the cost of attendance for students; ``(B) an assessment of any impact of the pilot program on student achievement; ``(C) an accounting of the purposes for which the grant funds were expended; and ``(D) any additional information the Secretary reasonably requires. ``(2) Report to congress.--Not later than three years after the end of the first fiscal year in which a grant is awarded under this section, the Secretary shall submit to Congress a report on the effectiveness of the grants. Such report shall include-- ``(A) an estimate by the Secretary of the amount of money saved by students who participate in the pilot programs; ``(B) a summary of the best practices developed in the pilot programs; ``(C) a description of the types of digital course materials used in the pilot programs, including electronic books, interactive and adaptive digital learning tools, and open educational resources; and ``(D) any recommendations the Secretary determines appropriate regarding future congressional action related to student access to digital course materials. ``(f) Definitions.--In this section: ``(1) Cost of attendance.--The term `cost of attendance' has the meaning given the term in section 472. ``(2) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101(a), except that such term only includes public institutions. ``(3) Digital course materials.--The term `digital course materials' includes electronic books, portable document format and word-processing documents, Internet websites, interactive and adaptive digital learning tools, open educational resources, and other digital and online educational resources. ``(4) Open educational resources.--The term `open educational resources' means digital course materials that are made freely available online to the public with a permanent copyright license granting advance permission for the public to access, distribute, adapt, and otherwise use the work with appropriate attribution to the authors as set forth in the materials. ``(5) Mobile computer device.--The term `mobile computer device' means an electronic reader or tablet computer. ``(6) Disadvantaged student.--The term `disadvantaged student' means an undergraduate student who is-- ``(A) from a low-income family; ``(B) a minority; or ``(C) from an economically or otherwise disadvantaged background. ``(g) Funding.--Of the funds made available in appropriation Acts for fiscal years 2015, 2016, and 2017 for the purpose of making competitive grants to institutions of higher education under this Act, the Secretary may make available to carry out this section not more than $20,000,000. ``(h) Sunset.--No grants may be awarded under this section after September 30, 2017.''.

Summary: Electronic Books Opening Opportunity for Knowledge Act of 2014 or the E-BOOK Act of 2014 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award competitive grants to up to 10 institutions of higher education (IHEs) to conduct pilot programs to reduce the cost of attendance for undergraduate students by expanding their access to digital course materials. Directs the Secretary to give a preference to applications that demonstrate a commitment to serving disadvantaged students. Requires grantees to make digital course materials available to undergraduate students in at least two different academic departments. Allows the IHEs to use the grant funds to: purchase and maintain the electronic equipment or software their pilot programs need; purchase and maintain the digital and online content that instructors or students will use; hire staff to administer their pilot programs, with priority given to hiring enrolled undergraduate students; build or acquire extra storage space for pilot program equipment; and revise and adapt academic curricula as needed to implement their pilot programs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``World Trade Center National Memorial Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds as follows: (1) On September 11, 2001, terrorists hijacked four civilian aircraft, causing two of them to crash into the twin towers of the World Trade Center in New York City, a third into the Pentagon, and a fourth in rural southwest Pennsylvania. (2) Nearly 3,000 people were killed at the World Trade Center site in the most lethal terrorist attack ever committed against the United States. (3) In the months since the historic events of September 11, 2001, thousands of people have visited the World Trade Center site to mourn the dead, to pay tribute to the heroic action and sacrifice of the firefighters, police, emergency personnel, and other responders, and attempt to understand the nature of this attack on the United States. (4) The attack on the World Trade Center resulted in great destruction and damage to homes, churches, schools, and commercial and retail buildings, causing the loss of thousands of jobs and businesses in Lower Manhattan. (5) The human and emotional toll of this attack has been felt across the United States and throughout the world. (6) Many are profoundly concerned about the future disposition of the World Trade Center site, and many citizens, family members, professional organizations, local businesses and residents, and State and local officials have formed coalitions and held forums to provide a voice for all interested and concerned parties. (7) A broad and deep consensus has emerged in the United States that this site is a sacred site that cannot be forgotten and requires the highest form of national recognition. (8) It is appropriate that a national memorial be established at, or proximate to, the World Trade Center site to commemorate the internationally significant events of September 11, 2001, and the lives lost, and that the memorial be designated as a unit of the National Park System. (b) Purposes.--The purposes of this Act are as follows: (1) To establish a national memorial at, or proximate to, the World Trade Center site in New York City to commemorate the tragic events of September 11, 2001. (2) To ensure the public has full access to and significant involvement in decisions regarding the location, planning, and design of the national memorial. (3) To authorize the Secretary of the Interior to provide technical assistance to the Lower Manhattan Development Corporation and to permanently administer the national memorial as a unit of the National Park System for present and future generations. (4) To establish in the Department of the Interior the World Trade Center Memorial Advisory Board to advise the Director of the National Park Service on the management of the memorial. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the World Trade Center Memorial Advisory Board established in section 7. (2) Corporation.--The term ``Corporation'' means the Lower Manhattan Development Corporation, a public agency created to oversee the rebuilding of the World Trade Center site and surrounding area. (3) Governor.--The term ``Governor'' means the Governor of New York. (4) Mayor.--The term ``Mayor'' means the Mayor of New York City. (5) Memorial.--The term ``Memorial'' means a sculpture, structure, or landscape element, including the real property on which it is sited, designed to commemorate the significance to the Nation of the events of September 11, 2001, at or proximate to the World Trade Center site in New York City and designated under section 4. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. WORLD TRADE CENTER NATIONAL MEMORIAL. (a) Establishment.--There is authorized to be established as a unit of the National Park System, a national memorial at, or proximate to, the site of the World Trade Center in New York City. The proposed design and boundary of the Memorial shall be determined through a public planning process established by the Corporation and included in the report required by section 5. The final design and boundary of the Memorial shall be approved by the Secretary, the Governor, and the Mayor. (b) Administration.--Upon transfer to the United States by willing sellers of the land upon which the Memorial is to be located, such land and the Memorial shall be administered by the Secretary through the National Park Service, as a unit of the National Park System, in accordance with the provisions of this Act, the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 through 4), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). SEC. 5. REPORT. (a) Contents.--Not later than 3 years after the date of the enactment of this Act, the Corporation shall submit a report to the Secretary, the Governor, and the Mayor for approval. This report shall contain the following: (1) The recommended design and boundary for the Memorial. (2) A description of those considerations incorporated into the boundary and design necessary to permit the effective and efficient management of the Memorial as a unit of the National Park System. (3) A proposal and schedule for the transfer of interests in property as is appropriate to the Secretary. The transfer must ensure that the property upon which the Memorial is to be located is transferred to the United States by willing sellers before construction of the Memorial begins. (4) A description of the processes and opportunities provided for public participation in the development of the report. (5) Any other planning, scheduling, construction, and long- term management issues and recommendations which, in the opinion of the Corporation, merit inclusion in the report. (b) Approval Process.--Not later than 90 days after receiving notification by the Governor and the Mayor of their respective approvals of the report, the Secretary shall approve or disapprove the report. If the Secretary disapproves the report, the Secretary shall advise the Corporation, in writing, of the reasons for such disapproval and shall indicate any recommendations for revisions. Not later than 45 days after receiving any necessary revisions to the report, the Secretary shall approve or disapprove the revised report. (c) Final Report.--The final report approved by the Secretary, the Governor, and the Mayor shall be transmitted to the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives. SEC. 6. DUTIES OF THE SECRETARY. The Secretary is authorized to take the following actions: (1) Upon request by the Corporation, to provide assistance in conducting public meetings and forums. (2) Provide project management assistance for planning, design, and construction activities and in particular, to provide consultation and information permitting the plans and designs included within the report as required in section 5 to incorporate such elements necessary to facilitate the effective and efficient management of the Memorial as a unit of the National Park System. (3) Provide other assistance related to documentation and interpretation of the site and preservation of Memorial artifacts. (4) Acquire from willing sellers the land or interests in land for the Memorial site by donation, purchase with donated or appropriated funds, or exchange. (5) Administer, through the National Park Service, the Memorial as a unit of the National Park System in accordance with this Act and with the laws generally applicable to units of the National Park System. (6) Prepare a charter for the Board established in section 7 to clarify its role and its relationship with the Department of the Interior and the National Park Service. SEC. 7. ESTABLISHMENT OF THE WORLD TRADE CENTER MEMORIAL ADVISORY BOARD. (a) Establishment.--Upon transfer of the completed Memorial to the National Park Service, there is established an advisory Board to be known as the ``World Trade Center Memorial Advisory Board''. (b) Duties.--The Board shall operate as an advisor to the National Park Service on the management of the Memorial, taking into consideration input from the public and interested parties. (c) Membership.--The Board shall be composed of 17 members appointed by the Secretary as follows: (1) Two members appointed after consideration of recommendations by each United States Senator from the State of New York. (2) One member appointed after consideration of recommendations by the member of the United States House of Representatives whose district shall encompass the World Trade Center site. (3) Four members appointed after consideration of recommendations by the Mayor, to represent a broad spectrum of interested citizens, agencies, and organizations. (4) Four members appointed after consideration of recommendations by the Governor, to represent a broad spectrum of interested citizens, agencies, and organizations. (5) Six members appointed after consideration of recommendations by the President. (d) Terms.--Members of the Board shall serve for a term of 3 years. Any member of the Board may continue to serve after the expiration of his or her term, until such time as a successor is appointed. Any vacancy in the Board shall be filled in the same manner in which the original appointment was made. (e) Chair.--The members of the Board shall designate 1 of the members as Chair of the Board. (f) Meetings.--The Board shall meet on a regular basis, at least 4 times a year. Notice of meetings shall be published in local newspapers. Board meetings shall be held at locations and in such a manner as to ensure adequate public involvement. (g) Quorum.--A majority of the members serving on the Board shall constitute a quorum for the transaction of any business. (h) Voting.--The Board shall act and advise by a majority vote of the members present at any meeting at which a quorum is in attendance. (i) Expenses.--Members of the Board shall serve without compensation, but while engaged in official business shall be entitled to travel expenses, including per diem in lieu of subsistence in the same manner as persons employed intermittently in Federal Government service under section 5703 of title 5, United States Code. (j) Termination.--The Board shall terminate 60 days after the date upon which the Memorial ceases to be administered by the National Park Service. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Construction.--Upon approval of the report required by section 5, the Secretary is authorized to grant such sums as may be necessary to the Corporation for the construction of a permanent Memorial in accordance with the approved report. (b) Matching Requirement.--Funds made available pursuant to subsection (a) shall not exceed 50 percent of the construction cost of the Memorial. (c) Technical Assistance.--There is authorized to be appropriated to the National Park Service, $300,000 for fiscal year 2004 and each fiscal year thereafter to provide technical assistance to the Corporation and to otherwise carry out this Act. (d) Board.--There is authorized to be appropriated to the Board such sums as may be necessary to perform its responsibilities under this Act.

Summary: World Trade Center National Memorial Act - Authorizes the establishment as a unit of the National Park System of a national memorial at or near the site of the World Trade Center (WTC) in New York City to commemorate the significance to the Nation of the events of September 11, 2001. Requires the design and boundary of the memorial to be: (1) determined through a public planning process established by the Lower Manhattan Development Corporation (a public agency created to oversee the rebuilding of the WTC site and surrounding area); and (2) approved by the Secretary of the Interior, the Governor of New York, and the Mayor of New York City..Establishes the World Trade Center Memorial Advisory Board upon transfer of the completed memorial to the National Park Service.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Incentives for Fuel Efficient Vehicles Act of 2003''. SEC. 2. MODIFICATIONS TO GAS GUZZLERS TAX TO ENCOURAGE GREATER AUTO FUEL EFFICIENCY. (a) Increase in Tax Rate.--Subsection (a) of section 4064 of the Internal Revenue Code of 1986 (relating to gas guzzlers tax) is amended to read as follows: ``(a) Imposition of Tax.-- ``(1) In general.--There is hereby imposed on the sale by the manufacturer of each automobile a tax determined in accordance with the following table: If the fuel economy for the model year of the model type in which the automobile falls is: The tax is: Less than 5 mpg below the applicable fuel economy $0 standard. At least 5 but less than 6 mpg below such standard. 1,000 At least 6 but less than 7 mpg below such standard. 1,500 At least 7 but less than 8 mpg below such standard. 2,000 At least 8 but less than 9 mpg below such standard. 2,500 At least 9 but less than 10 mpg below such standard 3,100 At least 10 but less than 11 mpg below such 3,800 standard. At least 11 but less than 12 mpg below such 4,600 standard. At least 12 but less than 13 mpg below such 5,500 standard. At least 13 but less than 14 mpg below such 6,500 standard. At least 14 mpg below such standard................ 7,700. ``(2) Inflation Adjustment.-- ``(A) In general.--In the case of any taxable year beginning after 2005, each dollar amount referred to in paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `2004' for `1992'. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $50.''. (b) Expansion of Definition of Automobile.-- (1) Increase in weight.--Section 4064(b)(1)(A)(ii) of the Internal Revenue Code of 1986 (defining automobile) is amended by striking ``6,000 pounds'' and inserting ``12,000 pounds''. (2) Exception for certain vehicles.--Subparagraph (B) of section 4064(b)(1) of such Code is amended to read as follows: ``(B) Exception for certain vehicles.--The term `automobile' does not include-- ``(i) a vehicle which has a primary load carrying device or container attached, ``(ii) a vehicle which has a seating capacity of more than 12 persons, ``(iii) a vehicle which has a seating capacity of more than 9 persons behind the driver's seat, or ``(iv) a vehicle which is equipped with a cargo area of at least 6 feet in interior length which is an open area or is designed for use as an open area but is enclosed by a cap and is not readily accessible directly from the passenger compartment.''. (c) Additional Definitions.--Section 4064(b) of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new paragraphs: ``(8) Applicable fuel economy standard.--The term `applicable fuel economy standard' means, with respect to any model year, the average fuel economy standard as defined in section 32902 of title 49, United States Code, for passenger automobiles for such model year. ``(9) MPG.--The term `mpg' means miles per gallon.''. (d) Effective Date.--The amendments made by this section shall apply to sales after October 31, 2005. SEC. 3. HIGHLY FUEL-EFFICIENT AUTOMOBILE CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. HIGHLY FUEL-EFFICIENT AUTOMOBILE CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the new highly fuel-efficient automobile credit determined under subsection (b). ``(b) New Highly Fuel-Efficient Automobile Credit.--For purposes of subsection (a), the new highly fuel-efficient automobile credit with respect to any new automobile placed in service by the taxpayer during the taxable year is determined in accordance with the following tables: If the fuel economy for the model year of the model type in which the passenger automobile falls is: The credit is: Less than 5 mpg above the applicable fuel economy $0 standard. At least 5 but less than 6 mpg above such standard. 770 At least 6 but less than 7 mpg above such standard. 1,540 At least 7 but less than 8 mpg above such standard. 2,310 At least 8 but less than 9 mpg above such standard. 3,080 At least 9 but less than 10 mpg above such standard 3,850 At least 10 but less than 11 mpg above such 4,620 standard. At least 11 but less than 12 mpg above such 5,390 standard. At least 12 but less than 13 mpg above such 6,160 standard. At least 13 but less than 14 mpg above such 6,930 standard. At least 14 mpg above such standard................ 7,700. If the fuel economy for the model year of the model type in which the non-passenger automobile falls is: The credit is: Less than 5 mpg above the applicable fuel economy $0 standard. At least 5 but less than 6 mpg above such standard. 770 At least 6 but less than 7 mpg above such standard. 1,540 At least 7 but less than 8 mpg above such standard. 2,310 At least 8 but less than 9 mpg above such standard. 3,080 At least 9 but less than 10 mpg above such standard 3,850 At least 10 but less than 11 mpg above such 4,620 standard. At least 11 but less than 12 mpg above such 5,390 standard. At least 12 but less than 13 mpg above such 6,160 standard. At least 13 but less than 14 mpg above such 6,930 standard. At least 14 mpg above such standard................ 7,700. ``(c) New Automobile.--For purposes of this section, the term `new automobile' means a passenger automobile or non-passenger automobile-- ``(1) the original use of which commences with the taxpayer, ``(2) which is acquired for use or lease by the taxpayer and not for resale, and ``(3) which is made by a manufacturer. ``(d) Passenger Automobile; Non-Passenger Automobile.--For purposes of this section-- ``(1) Passenger automobile.--The term `passenger automobile' has the meaning given the term `automobile' by section 4064(b)(1). ``(2) Non-passenger automobile.-- ``(A) In general.--The term `non-passenger automobile' means any automobile (as defined in section 4064(b)(1)(A)), but only if such automobile is described in subparagraph (B). ``(B) Non-passenger automobiles described.--An automobile is described in this subparagraph if such automobile is-- ``(i) a vehicle which has a primary load carrying device or container attached, ``(ii) a vehicle which has a seating capacity of more than 12 persons, ``(iii) a vehicle which has a seating capacity of more than 9 persons behind the driver's seat, or ``(iv) a vehicle which is equipped with a cargo area of at least 6 feet in interior length which does not extend beyond the frame of the vehicle and which is an open area or is designed for use as an open area but is enclosed by a cap and is not readily accessible directly from the passenger compartment. ``(e) Other Definitions.--Except as provided in subsection (d), for purposes of this section, any term used in this section and also in section 4064 shall have the meaning given such term by section 4064. ``(f) Special Rules.--For purposes of this section-- ``(1) Reduction in basis.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed. ``(2) No double benefit.--The amount of any deduction or other credit allowable under this chapter with respect to an automobile described under subsection (b), shall be reduced by the amount of credit allowed under subsection (a) for such automobile for the taxable year. ``(3) Property used by tax-exempt entities.--In the case of a credit amount which is allowable with respect to an automobile which is acquired by an entity exempt from tax under this chapter, the person which sells or leases such automobile to the entity shall be treated as the taxpayer with respect to the automobile for purposes of this section and the credit shall be allowed to such person, but only if the person clearly discloses to the entity at the time of any sale or lease the specific amount of any credit otherwise allowable to the entity under this section. ``(4) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit (including recapture in the case of a lease period of less than the economic life of an automobile). ``(5) Property used outside united states, etc., not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(6) Election to not take credit.--No credit shall be allowed under subsection (a) for any automobile if the taxpayer elects to not have this section apply to such automobile. ``(7) Interaction with air quality and motor vehicle safety standards.--Unless otherwise provided in this section, an automobile shall not be considered eligible for a credit under this section unless such automobile is in compliance with-- ``(A) the applicable provisions of the Clean Air Act for the applicable make and model year of the automobile (or applicable air quality provisions of State law in the case of a State which has adopted such provision under a waiver under section 209(b) of the Clean Air Act), and ``(B) the motor vehicle safety provisions of sections 30101 through 30169 of title 49, United States Code. ``(g) Regulations.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall promulgate such regulations as necessary to carry out the provisions of this section. ``(2) Coordination in prescription of certain regulations.--The Secretary of the Treasury, in coordination with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall prescribe such regulations as necessary to determine whether an automobile meets the requirements to be eligible for a credit under this section.''. (b) Conforming Amendments.-- (1) Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 36(f)(1).''. (2) Section 6501(m) of such Code is amended by inserting ``36(f)(6),'' after ``30(d)(4),''. (3) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 36 of such Code''. (4) The table of sections for subpart C of part IV of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36. Highly fuel-efficient automobile credit. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after October 31, 2005, in taxable years ending after such date.

Summary: Tax Incentives for Fuel Efficient Vehicles Act of 2003 - Amends the Internal Revenue Code with respect to the (automotive) gas guzzler manufacturer excise tax to: (1) increase the weight of a covered automobile to12,000 pounds; (2) revise the excise tax table, including the addition of a model-year calculation criteria; (3) revise the exception to such coverage, including elimination of the exception based upon nonpassenger treatment under specified Department of Transportation rules; and (4) apply such provisions to sales after October 31, 2005.Establishes a highly fuel-efficient automobile credit for taxpayer purchases of a new passenger or nonpassenger automobile (as defined by this Act) that exceeds specified fuel economy ratings. Applies such credit to vehicles placed in service after October 31, 2005.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Olympics Sport and Empowerment Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Special Olympics celebrates the possibilities of a world where everybody matters, everybody counts, every person has value, and every person has worth. (2) The Government and the people of the United States recognize the dignity and value the giftedness of children and adults with an intellectual disability. (3) The Government and the people of the United States are determined to end the isolation and stigmatization of people with an intellectual disability. (4) For more than 36 years, Special Olympics has encouraged skill, sharing, courage, and joy through year-round sports training and athletic competition for children and adults with intellectual disabilities. (5) Special Olympics provides year-round sports training and competitive opportunities to 1,500,000 athletes with intellectual disabilities in 26 sports and plans to expand the joy of participation through sport to hundreds of thousands of people with intellectual disabilities within the United States and worldwide over the next 5 years. (6) Special Olympics has demonstrated its ability to provide a major positive effect on the quality of life of people with intellectual disabilities, improving their health and physical well-being, building their confidence and self-esteem, and giving them a voice to become active and productive members of their communities. (7) In society as a whole, Special Olympics has become a vehicle and platform for breaking down artificial barriers, improving public health, changing negative attitudes in education, and helping athletes overcome the prejudice that people with intellectual disabilities face in too many places. (8) The Government of the United States enthusiastically supports Special Olympics, recognizes its importance in improving the lives of people with intellectual disabilities, and recognizes Special Olympics as a valued and important component of the global community. (b) Purpose.--The purposes of this Act are to-- (1) provide support to Special Olympics to increase athlete participation in and public awareness about the Special Olympics movement; (2) dispel negative stereotypes about people with intellectual disabilities; (3) build athletic and family involvement through sport; and (4) promote the extraordinary gifts of people with intellectual disabilities. SEC. 3. ASSISTANCE FOR SPECIAL OLYMPICS. (a) Education Activities.--The Secretary of Education may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out the following: (1) Activities to promote the expansion of Special Olympics, including activities to increase the participation of individuals with intellectual disabilities within the United States. (2) The design and implementation of Special Olympics education programs, including character education and volunteer programs that support the purposes of this Act, that can be integrated into classroom instruction and are consistent with academic content standards. (b) International Activities.--The Secretary of State may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out the following: (1) Activities to increase the participation of individuals with intellectual disabilities in Special Olympics outside of the United States. (2) Activities to improve the awareness outside of the United States of the abilities and unique contributions that individuals with intellectual disabilities can make to society. (c) Healthy Athletes.-- (1) In general.--The Secretary of Health and Human Services may award grants to, or enter into contracts or cooperative agreements with, Special Olympics for the implementation of on-site health assessments, screening for health problems, health education, data collection, and referrals to direct health care services. (2) Coordination.--Activities under paragraph (1) shall be coordinated with private health providers, existing authorized programs of State and local jurisdictions, or the Department of Health and Human Services, as applicable. (d) Limitation.--Amounts appropriated to carry out this section shall not be used for direct treatment of diseases, medical conditions, or mental health conditions. Nothing in the preceding sentence shall be construed to limit the use of non-Federal funds by Special Olympics. SEC. 4. APPLICATION AND ANNUAL REPORT. (a) Application.-- (1) In general.--To be eligible for a grant, contract, or cooperative agreement under subsection (a), (b), or (c) of section 3, Special Olympics shall submit an application at such time, in such manner, and containing such information as the Secretary of Education, Secretary of State, or Secretary of Health and Human Services, as applicable, may require. (2) Content.--At a minimum, an application under this subsection shall contain the following: (A) Activities.--A description of activities to be carried out with the grant, contract, or cooperative agreement. (B) Measurable goals.--Information on specific measurable goals and objectives to be achieved through activities carried out with the grant, contract, or cooperative agreement. (b) Annual Report.-- (1) In general.--As a condition on receipt of any funds under subsection (a), (b), or (c) of section 3, Special Olympics shall agree to submit an annual report at such time, in such manner, and containing such information as the Secretary of Education, Secretary of State, or Secretary of Health and Human Services, as applicable, may require. (2) Content.--At a minimum, each annual report under this subsection shall describe the degree to which progress has been made toward meeting the goals and objectives described in the applications submitted under subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) for grants, contracts, or cooperative agreements under section 3(a), $5,500,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years; (2) for grants, contracts, or cooperative agreements under section 3(b), $3,500,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years; and (3) for grants, contracts, or cooperative agreements under section 3(c), $6,000,000 for each of fiscal years 2005 through 2009. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Special Olympics Sport and Empowerment Act of 2004 - Authorizes the Secretaries of Education, of State, and of Health and Human Services to award grants to, or enter into contracts or cooperative agreements with, Special Olympics for specified education, international, and health activities, including ones promoting Special Olympics and a greater understanding of contributions to society by individuals with intellectual disabilities both within and outside of the United States. Prohibits use of funds under this Act for direct treatment of diseases, medical conditions, or mental health conditions. Sets forth application and annual report requirements. Authorizes appropriations for FY 2005 through 2009.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Embassy Employee Compensation Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Claimant.--The term ``claimant'' means an individual filing a claim for compensation under section 5(a)(1). (2) Collateral source.--The term ``collateral source'' means all collateral sources, including life insurance, pension funds, death benefit programs, and payments by Federal, State, or local governments related to the bombings of United States embassies in East Africa on August 7, 1998. (3) Economic loss.--The term ``economic loss'' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (4) Eligible individual.--The term ``eligible individual'' means an individual determined to be eligible for compensation under section 5(c). (5) Noneconomic losses.--The term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. (6) Special master.--The term ``Special Master'' means the Special Master appointed under section 404(a) of the September 11th Victim Compensation Fund of 2001 (title IV of the Air Transportation Safety and System Stabilization Act (Public Law 107-42; 115 Stat. ____)). SEC. 3. PURPOSE. It is the purpose of this Act to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the bombings of United States embassies in East Africa on August 7, 1998. SEC. 4. ADMINISTRATION. (a) In General.--The Attorney General, acting through the Special Master, shall-- (1) administer the compensation program established under this Act; (2) promulgate all procedural and substantive rules for the administration of this Act; and (3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this Act. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to pay the administrative and support costs for the Special Master in carrying out this Act. SEC. 5. DETERMINATION OF ELIGIBILITY FOR COMPENSATION. (a) Filing of Claim.-- (1) In general.--A claimant may file a claim for compensation under this Act with the Special Master. The claim shall be on the form developed under paragraph (2) and shall state the factual basis for eligibility for compensation and the amount of compensation sought. (2) Claim form.-- (A) In general.--The Special Master shall develop a claim form that claimants shall use when submitting claims under paragraph (1). The Special Master shall ensure that such form can be filed electronically, if determined to be practicable. (B) Contents.--The form developed under subparagraph (A) shall request-- (i) information from the claimant concerning the physical harm that the claimant suffered, or in the case of a claim filed on behalf of a decedent information confirming the decedent's death, as a result of the bombings of United States embassies in East Africa on August 7, 1998; (ii) information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of such bombings; and (iii) information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of such bombings. (3) Limitation.--No claim may be filed under paragraph (1) after the date that is 2 years after the date on which regulations are promulgated under section 7. (b) Review and Determination.-- (1) Review.--The Special Master shall review a claim submitted under subsection (a) and determine-- (A) whether the claimant is an eligible individual under subsection (c); (B) with respect to a claimant determined to be an eligible individual-- (i) the extent of the harm to the claimant, including any economic and noneconomic losses; and (ii) the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. (2) Negligence.--With respect to a claimant, the Special Master shall not consider negligence or any other theory of liability. (3) Determination.--Not later than 120 days after that date on which a claim is filed under subsection (a), the Special Master shall complete a review, make a determination, and provide written notice to the claimant, with respect to the matters that were the subject of the claim under review. Such a determination shall be final and not subject to judicial review. (4) Rights of claimant.--A claimant in a review under paragraph (1) shall have-- (A) the right to be represented by an attorney; (B) the right to present evidence, including the presentation of witnesses and documents; and (C) any other due process rights determined appropriate by the Special Master. (5) No punitive damages.--The Special Master may not include amounts for punitive damages in any compensation paid under a claim under this Act. (6) Collateral compensation.--The Special Master shall reduce the amount of compensation determined under paragraph (1)(B)(ii) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the bombings of United States embassies in East Africa on August 7, 1998. (c) Eligibility.-- (1) In general.--A claimant shall be determined to be an eligible individual for purposes of this subsection if the Special Master determines that such claimant-- (A) is an individual described in paragraph (2); and (B) meets the requirements of paragraph (3). (2) Individuals.--A claimant is an individual described in this paragraph if the claimant is-- (A) a citizen of the United States who-- (i) was present at the United States Embassy in Nairobi, Kenya, or the United States Embassy in Dar es Salaam, Tanzania, at the time, or in the immediate aftermath, of the bombings of United States embassies in East Africa on August 7, 1998; and (ii) suffered physical harm or death as a result of such a bombing; or (B) in the case of a decedent who is an individual described in subparagraph (A), the personal representative of the decedent who files a claim on behalf of the decedent. (3) Requirements.-- (A) Single claim.--Not more than one claim may be submitted under this Act by an individual or on behalf of a deceased individual. (B) Limitation on civil action.-- (i) In general.--Upon the submission of a claim under this Act, the claimant waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained as a result of the bombings of United States embassies in East Africa on August 7, 1998. The preceding sentence does not apply to a civil action to recover collateral source obligations. (ii) Pending actions.--In the case of an individual who is a party to a civil action described in clause (i), such individual may not submit a claim under this Act unless such individual withdraws from such action by the date that is 90 days after the date on which regulations are promulgated under section 7. SEC. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS. (a) In General.--Not later than 20 days after the date on which a determination is made by the Special Master regarding the amount of compensation due a claimant under this Act, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant. (b) Payment Authority.--This Act constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of amounts for compensation under this Act. (c) Additional Funding.-- (1) In general.--The Attorney General is authorized to accept such amounts as may be contributed by individuals, business concerns, or other entities to carry out this Act, under such terms and conditions as the Attorney General may impose. (2) Use of separate account.--In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts. SEC. 7. REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out this Act, including regulations with respect to-- (1) forms to be used in submitting claims under this Act; (2) the information to be included in such forms; (3) procedures for hearing and the presentation of evidence; (4) procedures to assist an individual in filing and pursuing claims under this Act; and (5) other matters determined appropriate by the Attorney General. SEC. 8. RIGHT OF SUBROGATION. The United States shall have the right of subrogation with respect to any claim paid by the United States under this Act. Passed the House of Representatives May 21, 2002. Attest: JEFF TRANDAHL, Clerk.

Summary: Embassy Employee Compensation Act - Directs the Attorney General, through the Special Master appointed under the September 11th Victim Compensation Fund of 2001, to administer compensation to American victims of the August 7, 1998, bombings of the U.S. embassies in Kenya and Tanzania. Authorizes appropriations.(Sec. 5) Requires claimants to provide information to the Special Master concerning the physical harm suffered and any possible economic and noneconomic losses incurred from the bombings, as well as the "collateral sources" of compensation received or entitled to be received, defined as life insurance, pension funds, death benefit programs and payments by Federal, State, or local governments. Sets a two-year limit on filing claims, beginning after the promulgation of regulations to implement the Act.Directs the Special Master to determine whether a claimant is eligible for compensation and, if so, the amount to be disbursed based on harm suffered, facts of the claim, and individual circumstances of the claimant.Prohibits the Special Master from considering negligence or any other theory of liability with regard to claimants. Requires completion of the review and determination of a claim within 120 days after it is filed. Makes the Special Master's decision on a claim final and not subject to judicial review.Specifies that punitive damages may not be awarded. Requires that any award be reduced by collateral source compensation a claimant has received or is entitled to receive.Makes eligible to receive compensation any U.S. citizens who suffered physical harm from the bombing of the United States embassy in Nairobi, Kenya, or from the bombing of the embassy in Dar es Salaam, Tanzania. Permits personal representatives of U.S. citizens killed by either bombing to receive compensation on behalf of the deceased.Limits claims to one per individual. Provides that upon filing a claim, an individual waives the right to seek damages in civil suits in Federal or State courts, except for pursuing collateral source compensation.(Sec. 6) Requires the Special Master to authorize payments to eligible claimants not later than 20 days after the date on which the determination of the amount has been made.Declares that this Act constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of compensation under the Act.Authorizes the Attorney General to accept contributions from individuals, business concerns, and other entities to carry out the Act, and directs the Attorney General to use donated funds before appropriated funds.(Sec. 8) Declares that the United States has the right of subrogation with respect to any claim paid from U.S. funds under the Act.