SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Device Safety Monitoring Act''. SEC. 2. DEVICE PILOT PROJECTS. (a) Postmarket Pilot.--Section 519 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i) is amended by adding at the end the following: ``(i) Pilot Projects.-- ``(1) In general.--In order to provide timely and reliable information on the safety and effectiveness of cleared or approved devices, including responses to adverse events and malfunctions, and to advance the objectives of part 803 of title 21, Code of Federal Regulations (or successor regulations), and advance the objectives of, and evaluate innovative new methods of compliance with, this section and section 522, the Secretary shall, within one year of the date of enactment of this subsection, initiate one or more pilot projects for voluntary participation by a manufacturer or manufacturers of device or device type, or continue existing projects in accordance with paragraph (3), that meet all of the following requirements: ``(A) Are designed to efficiently generate reliable and timely safety and active surveillance data for use by the Secretary or manufacturers of the devices that are involved in the pilot project. ``(B) Inform the development of methods, systems, data criteria, and programs that could be used to support safety and active surveillance activities for devices not included in such project. ``(C) Are designed and conducted in coordination with a comprehensive system for evaluating medical device technology that operates under a governing board with appropriate representation of stakeholders, including consumer groups and device manufacturers. ``(D) Use electronic health data including claims data, patient survey data, and any other data, as the Secretary determines appropriate. ``(E) Prioritize devices and device types that meet one or more of the following criteria: ``(i) Devices and device types for which the collection and analysis of real world evidence regarding a device's safety and effectiveness is likely to advance public health. ``(ii) Devices and device types that are widely used. ``(iii) Devices and device types, the failure of which has significant health consequences. ``(iv) Devices and device types for which the Secretary has received public recommendations in accordance with paragraph (2)(B) and has determined to meet one of the criteria under clauses (i) through (iii) and is appropriate for a project under this subsection. ``(2) Participation.--The Secretary shall establish the conditions and processes for-- ``(A) authorizing voluntary participation of a manufacturer of a device in the pilot project described in paragraph (1); and ``(B) facilitating public recommendations for devices to be prioritized under the pilot project described in paragraph (1), including requirements for the data necessary to support such recommendation. ``(3) Implementation.--The Secretary may satisfy the requirements of paragraphs (1) and (2) by continuing or expanding existing projects, or by beginning new projects, that meet the criteria of subparagraphs (A) through (E) of paragraph (1) or by entering into contracts, cooperative agreements, grants, or other appropriate agreements with public or private entities that have a significant presence in the United States, and meet the following additional conditions: ``(A) If such public or private entities are a component of another organization, the entities have established appropriate security measures to maintain the confidentiality and privacy of the data described in paragraph (1)(D) and the entity shall not make an unauthorized disclosure of such data to the other components of the organization in breach of such confidentiality and privacy requirements. ``(B) In the case of the termination or nonrenewal of such contracts, cooperative agreements, grants, or other appropriate agreements, the entities shall comply with each of the following: ``(i) Continue to comply with the confidentiality and privacy requirements under this subsection with respect to all data disclosed to the entity. ``(ii) Return any data disclosed to such entity under this subsection to which it would not otherwise have access or, if returning the data is not practicable, destroy the data. ``(C) Have at least one of the following qualifications: ``(i) Research, statistical, epidemiologic, or clinical capability and expertise to conduct and complete the activities under this subsection, including the capability and expertise to provide the Secretary access to de-identified data consistent with the requirements of this subsection. ``(ii) An information technology infrastructure in place to support electronic data and operational standards to provide security for such data, as appropriate. ``(iii) Experience with, and expertise on, the development of device safety and effectiveness research and surveillance using electronic health data. ``(iv) Other expertise which the Secretary determines necessary to fulfill the activities under this subsection. ``(4) Review of contract in the event of a merger or acquisition.--The Secretary shall review a contract with a qualified entity under this subsection in the event of a merger or acquisition of the entity in order to ensure that the requirements under this subsection will continue to be met. ``(5) Report to congress.--Not later than 18 months after the date of enactment of this subsection, and annually thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report containing a description of the pilot projects being conducted pursuant to this subsection, including for each pilot project-- ``(A) how the project is being implemented in accordance with paragraph (3) and the contractor or grantee as applicable; ``(B) the number of manufacturers that have agreed to participate; ``(C) the data sources used; ``(D) the devices or device categories involved; and ``(E) the number of patients involved. ``(6) Compliance with requirements for records or reports on devices.--The participation of a manufacturer in a pilot project under this subsection shall not affect the eligibility of such manufacturer to participate in any quarterly reporting program implemented under this Act. The Secretary may determine that, for the specified time period to be determined by the Secretary, a manufacturer's participation in a pilot project under this subsection may meet certain other requirements of this section or section 522 if-- ``(A) the project has demonstrated success in capturing relevant adverse event information; and ``(B) the Secretary has established procedures for making adverse event and safety information collected from the pilot public, to the extent possible, if collected pursuant to this section or section 522. ``(7) Privacy requirements.--With respect to the pilot projects conducted pursuant to this subsection-- ``(A) individual identifiable health information shall not be disclosed when presenting any information from such project; and ``(B) such projects shall comply with section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note) and sections 552 and 552a of title 5, United States Code. ``(8) Other compliance.--Any pilot program undertaken in coordination with the comprehensive system described in paragraph (1)(C), including pilot projects under this subsection, that relates to the use of real world evidence for devices shall comply with paragraph (1)(B), the conditions listed in subparagraphs (A) and (B) of paragraph (3), and paragraphs (4), (5), (6), and (7). ``(9) Sunset.--This subsection shall cease to have force or effect on October 1, 2022.''. (b) Report.--Not later than January 31, 2021, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall conduct a review through an independent third party to evaluate the strengths, limitations, and appropriate use of evidence collected pursuant to real world evidence pilot projects described in the letters described in section 201(b) of the Medical Device User Fee Amendments of 2017 and subsection (i) of section 519 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i), as amended by subsection (a), for informing premarket and postmarket decisionmaking for multiple device types, and to determine whether the methods, systems, and programs in such pilot projects efficiently generate reliable and timely evidence about the effectiveness or safety surveillance of devices.

Summary: Medical Device Safety Monitoring Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to support pilot projects in order to provide timely and reliable information on the safety and effectiveness of marketed medical devices. The projects must: (1) be designed to generate safety and active surveillance data, (2) inform support for safety and active surveillance activities, (3) be coordinated with a system for evaluating medical device technology that operates under a board with representation from consumer groups and device manufacturers, and (4) use electronic health data. The FDA may determine that a manufacturer's participation in a pilot project satisfies requirements regarding reporting or postmarket surveillance if the project captures adverse event information and the FDA has established procedures to publish safety information from the project. Not later than January 31, 2021, the FDA must evaluate real world evidence pilot projects, such as the ones supported by this bill, for their ability to inform decision-making and efficiently generate evidence about the safety or effectiveness of medical devices.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Strong Forests Grow Strong Communities Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Annual volume requirement.-- (A) In general.--The term ``annual volume requirement'', with respect to a unit of the National Forest System, means a volume of national forest materials no less than 50 percent of the sustained yield of the unit. (B) Exclusions.--In determining the volume of national forest materials or the sustained yield of a Forest Reserve Revenue Area, the Secretary may not include non-commercial post and pole sales and personal use firewood. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate. (3) National forest materials.--The term ``national forest materials'' has the meaning given that term in section 14(e)(1) of the National Forest Management Act of 1976 (16 U.S.C. 472a(e)(1)). (4) National forest system.--The term ``National Forest System'' has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), except that the term does not include the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010-1012). (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (6) Sustained yield.--The term ``sustained yield'' means the maximum annual growth potential of the forest calculated on the basis of the culmination of mean annual increment using cubic measurement. (7) State.--The term ``State'' includes the Commonwealth of Puerto Rico. SEC. 3. ANNUAL VOLUME REQUIREMENT. (a) Publication.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall publish in the Federal Register, make available on the website of the Forest Service, and submit to the appropriate congressional committees the annual volume requirement for each unit of the National Forest System. (b) Revision.--Upon publication of the annual volume requirement for a unit of the National Forest System under subsection (a), the Secretary may not reduce the annual volume requirement for that unit without the consent of Congress in a law enacted after the date of the enactment of this Act. SEC. 4. MANAGEMENT OF NATIONAL FOREST SYSTEM LANDS TO SATISFY ANNUAL VOLUME REQUIREMENTS. (a) Requirement To Achieve Annual Volume Requirement.--The Secretary shall manage the sale of national forest materials in each unit of the National Forest System in the manner necessary so that the annual volume requirement for that unit is met each calendar year. (b) Application of Land and Resource Management Plan.--The Secretary may modify the standards and guidelines contained in the land and resource management plan for a unit of the National Forest System as necessary so as to meet the annual volume requirement for that unit. (c) Compliance With Endangered Species Act.-- (1) Non-jeopardy assessment.--If the Secretary determines that a sale of national forest materials may affect the continued existence of any species listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533), the Secretary shall issue a determination explaining the view of the Secretary that the proposed sale is not likely to jeopardize the continued existence of the species. (2) Submission, review, and response.-- (A) Submission.--The Secretary shall submit a determination issued by the Secretary under paragraph (1) to the Secretary of the Interior or the Secretary of Commerce, as appropriate. (B) Review and response.--Within 30 days after receiving a determination under subparagraph (A), the Secretary of the Interior or the Secretary of Commerce, as appropriate, shall provide a written response to the Secretary concurring in or rejecting the Secretary's determination. If the Secretary of the Interior or the Secretary of Commerce rejects the determination, the written response shall include recommendations for measures that-- (i) will avoid the likelihood of jeopardy to an endangered or threatened species; (ii) can be implemented in a manner consistent with the intended purpose of the sale; (iii) can be implemented consistent with the scope of the Secretary's legal authority and jurisdiction; and (iv) are economically and technologically feasible. (3) Formal consultation.--If the Secretary of the Interior or the Secretary of Commerce rejects a determination issued by the Secretary under paragraph (1), the Secretary of the Interior or the Secretary of Commerce also is required to engage in formal consultation with the Secretary. The Secretaries shall complete such consultation pursuant to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) within 90 days after the submission of the written response under paragraph (2). SEC. 5. STATE MANAGEMENT OF NATIONAL FOREST SYSTEM LANDS WHEN ANNUAL VOLUME REQUIREMENTS ARE NOT MET. (a) Request by State To Manage Unit.-- (1) Submission of request; when authorized.--If the Secretary fails to meet the annual volume requirement for a unit of the National Forest System for five calendar years, whether consecutively or over a longer than five-year period, the State in which the unit is located may submit to the Secretary a request to enter into a cooperative agreement with the Secretary for purposes of managing the unit. (2) Role of political subdivisions.--A State that undertakes the management of a unit of the National Forest System under this section may conduct such management directly, through an agreement with a political subdivision of the State in which National Forest System lands of that unit are located, or through contracts with third parties. (3) Treatment of units located in multiple states.--If a unit of the National Forest System is located in more than one State, a State's request under paragraph (1) shall cover only those National Forest System lands of that unit located in that State. (b) Approval of Request.--Not later than 90 days after the date on which the Secretary receives the request under subsection (a), the Secretary shall approve the request and enter into the cooperative agreement unless the Secretary determines that-- (1) the State has failed to demonstrate that it has sufficient funds to manage the unit of the National Forest System for the production of national forest materials; (2) the request is incomplete; or (3) the proposed cooperative agreement submitted with the request fails to address all of the items specified in subsection (f). (c) Opportunity To Amend Request.-- (1) Notice of denial.--If the Secretary denies a request received under subsection (a) on the basis of one or more of the reasons authorized by subsection (b), the Secretary shall provide the State with a clear and comprehensive statement of-- (A) the reasons why the request was denied; and (B) any deficiencies in the request or the related proposed cooperative agreement. (2) Resubmission.--After receiving a notice from the Secretary under paragraph (1), a State may amend and resubmit the denied request. (d) Request and Cooperative Agreement Deemed Approved.--If the Secretary does not approve or deny a request submitted under subsection (a) or (c)(2) within the 90 days after receiving the request, the request and the proposed cooperative agreement submitted with the request shall be deemed approved. (e) Request Contents.--A request submitted under subsection (a) shall include-- (1) a letter signed by the Governor of the State addressed to the Secretary that identifies the unit of the National Forest System that the State will manage for the production of national forest materials; (2) the proposed cooperative agreement for State management of the unit; (3) the proposed role of political subdivisions of the State in the management of National Forest System lands of the unit located within the political subdivisions; and (4) documentation that demonstrates the ability of the State to provide sufficient funds to manage the unit for the duration of the cooperative agreement. (f) Elements of Cooperative Agreement.--The cooperative agreement entered into by the Secretary and the Governor of a State for the management of a unit of the National Forest System shall address the following: (1) The State's management of the unit after the effective date of the transfer of management to the State for a specified term of years. (2) A cost-sharing agreement under which the State will provide a certain amount (equal to not less than 50 percent), in cash or in-kind, of the total amount required for the management of the unit. (3) The amount to be contributed by the State shall be determined by the Governor of the State and the Secretary, only after the Secretary submits to the State a categorical assessment of all costs, in the recent past and anticipated during the duration of the cooperative agreement, of managing the unit, including employee salary data. (4) In the event of a natural disaster, as categorized by the Federal Emergency Management Agency, the State shall assume authority over recovery initiatives (nullifying any existing established Federal response protocol) so that-- (A) the cost of damages to any structure on the unit be shared by both State and Federal entities at a ratio in accordance to the cost-sharing agreement; and (B) the cost and administration of repair of damages resulting from natural disasters, not including structures referred to in subparagraph (A), shall be assumed by the State rather than the Federal Government. (5) All revenue accrued from fees, royalties, and other revenues related to the unit shall be distributed to the State and Federal entities in accordance to the percentages dictated by the cost-sharing agreement and shall be used so that the percentage of funds designated to the Federal entity shall be made available to the Secretary for use at the sole discretion of the Secretary. (6) The procedures to be followed for purposes of the transition from Federal to State management of the unit, including-- (A) a guarantee that all Federal employees managing the unit may remain employed without infringement upon their existing conditions of employment; (B) a guarantee that the State may use its percentage of the amounts required for the management of the unit to hire additional staff whose terms of employment shall be decided by the State; and (C) authority over the unit shall be directed by the State and a State-appointed manager, but the implementation of its directives may include the existing Federal superintendent concerned and performed in conjunction with State employees. (7) The transfer to the State of any special use permits issued to the Secretary with respect to the unit. (8) A provision stating that lands currently open to mineral entry under the Act of May 10, 1872 (commonly referred to as the General Mining Act of 1872; 30 U.S.C. 22 et seq.), shall remain open to mineral entry under State law unless subsequently changed by a State mineral closing order. (g) Applicability of State Law on Qualifying Federal Lands Under Cooperative Agreement.--State environmental, wildlife, and land management laws shall supercede Federal environmental, wildlife, and land management laws on a unit of the National Forest System managed by a State under a cooperative agreement in place under this section. (h) Ownership.--Notwithstanding State management of a unit of the National Forest System under a cooperative agreement entered into under this section, the United States shall retain all right, title, and interest in and to the National Forest System lands within the unit. (i) Termination of Cooperative Agreement.--A cooperative agreement applicable under this section shall terminate, at the discretion of the Secretary, under the following circumstances: (1) The State defaults on a payment, thereby requiring Federal entities to assume responsibility for the financial liabilities. (2) The State is in substantial breach of the cooperative agreement as determined by a court of the United States. (3) The cooperative agreement terminates under a term contained in that agreement. SEC. 6. ANNUAL REPORT. (a) Report Required.--Not later than 60 days after the end of each calendar year, the Secretary shall submit to the appropriate congressional committees an annual report specifying-- (1) the annual volume requirement in effect for that calendar year for each unit of the National Forest System; (2) the units that did not meet the annual volume requirement; (3) the units under State management pursuant to section 5; (4) the volume of board feet actually harvested for each unit; (5) the average cost of preparation for sales of national forest materials; and (6) the revenues generated from such sales. (b) Form of Report.--In addition to submitting each report to Congress, the Secretary shall also make the report available on the website of the Forest Service.

Summary: Strong Forests Grow Strong Communities Act of 2014 - Directs the Secretary of Agriculture (USDA) to publish in the Federal Register and make available on the Forest Service website, the annual volume requirement for each unit of the National Forest System (NFS). Defines the "annual volume requirement" for an NFS unit as a volume of national forest materials (trees, portions of trees, or forest products from NFS lands) that is at least 50% of the unit's sustained yield. Prohibits the Secretary from reducing the annual volume requirement for a unit without the consent of a new Act of Congress. Requires the Secretary to manage the sale of national forest materials in each NFS unit in the manner necessary so that the annual volume requirement for that unit is met each calendar year. Directs the Secretary, if a sale of national forest materials may affect the continued existence of any endangered or threatened species, to issue a determination explaining the view that the proposed sale is not likely to jeopardize the continued existence of that species. Authorizes the state in which an NFS unit is located, if the Secretary fails to meet the annual volume requirement for that unit for five calendar years, whether consecutively or over a longer than five-year period, to request a cooperative agreement with the Secretary for purposes of managing the unit. Permits a state that undertakes the management of an NFS unit to conduct the management directly, through an agreement with a political subdivision of the state, or through contracts with third parties. Limits a state's request to only those NFS lands of a unit located in the state if the unit covers more than one state. Declares that state environmental, wildlife, and land management laws shall supercede federal environmental, wildlife, and management laws on an NSF unit managed by a state under a cooperative agreement in place pursuant to this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Encouraging Work and Supporting Marriage Act of 2002''. TITLE I--ACCELERATION OF MARRIAGE PENALTY RELIEF SEC. 101. ACCELERATION OF INCREASE IN STANDARD DEDUCTION FOR JOINT RETURNS. (a) In General.--Paragraph (7) of section 63(c) of the Internal Revenue Code of 1986, as amended by section 301 of the Economic Growth and Tax Relief Reconciliation Act of 2001, is amended to read as follows: ``(7) Applicable percentage.--For purposes of paragraph (2), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning The applicable in calendar year-- percentage is-- 2003 or 2004........................... 170 2005................................... 174 2006................................... 184 2007................................... 187 2008................................... 190 2009 and thereafter.................... 200.''. (b) Conforming Amendment.--Subsection (d) of section 301 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``December 31, 2004'' and inserting ``December 31, 2002''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. TITLE II--MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK CREDIT SEC. 201. MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK CREDIT. (a) Eligibility of Ex-Felons Determined Without Regard to Family Income.--Paragraph (4) of section 51(d) of the Internal Revenue Code of 1986 is amended by adding ``and'' at the end of subparagraph (A), by striking ``, and'' at the end of subparagraph (B) and inserting a period, and by striking all that follows subparagraph (B). (b) Increase in Maximum Age for Eligibility of Food Stamp Recipients.--Clause (i) of section 51(d)(8)(A) of such Code is amended by striking ``25'' and inserting ``30''. (c) Clarification of Treatment of Individuals Under Individual Work Plans.--Subparagraph (B) of section 51(d)(6) of such Code (relating to vocational rehabilitation referral) is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, or'', and by adding at the end the following new clause: ``(iii) an individual work plan developed and implemented by an employment network pursuant to subsection (g) of section 1148 of the Social Security Act with respect to which the requirements of such subsection are met.'' (d) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2002. SEC. 202. CONSOLIDATION OF WORK OPPORTUNITY CREDIT WITH WELFARE-TO-WORK CREDIT. (a) In General.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(I) a long-term family assistance recipient.'' (b) Long-Term Family Assistance Recipient.--Subsection (d) of section 51 of such Code is amended by redesignating paragraphs (10) through (12) as paragraphs (11) through (13), respectively, and by inserting after paragraph (9) the following new paragraph: ``(10) Long-term family assistance recipient.--The term `long-term family assistance recipient' means any individual who is certified by the designated local agency-- ``(A) as being a member of a family receiving assistance under a IV-A program (as defined in paragraph (2)(B)) for at least the 18-month period ending on the hiring date, ``(B)(i) as being a member of a family receiving such assistance for 18 months beginning after August 5, 1997, and ``(ii) as having a hiring date which is not more than 2 years after the end of the earliest such 18- month period, or ``(C)(i) as being a member of a family which ceased to be eligible for such assistance by reason of any limitation imposed by Federal or State law on the maximum period such assistance is payable to a family, and ``(ii) as having a hiring date which is not more than 2 years after the date of such cessation.'' (c) Increased Credit for Employment of Long-Term Family Assistance Recipients.--Section 51 of such Code is amended by inserting after subsection (d) the following new subsection: ``(e) Credit for Second-Year Wages for Employment of Long-Term Family Assistance Recipients.-- ``(1) In general.--With respect to the employment of a long-term family assistance recipient-- ``(A) the amount of the work opportunity credit determined under this section for the taxable year shall include 40 percent of the qualified second-year wages for such year, and ``(B) in lieu of applying subsection (b)(3), the amount of the qualified first-year wages, and the amount of qualified second-year wages, which may be taken into account with respect to such a recipient shall not exceed $10,000 per year. ``(2) Qualified second-year wages.--For purposes of this subsection, the term `qualified second-year wages' means qualified wages-- ``(A) which are paid to a long-term family assistance recipient, and ``(B) which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such recipient determined under subsection (b)(2). ``(3) Special rules for agricultural and railway labor.--If such recipient is an employee to whom subparagraph (A) or (B) of subsection (h)(1) applies, rules similar to the rules of such subparagraphs shall apply except that-- ``(A) such subparagraph (A) shall be applied by substituting `$10,000' for `$6,000', and ``(B) such subparagraph (B) shall be applied by substituting `$833.33' for `$500'.''. (d) Repeal of Separate Welfare-to-Work Credit.-- (1) In general.--Section 51A of such Code is hereby repealed. (2) Clerical amendment.--The table of sections for subpart F of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 51A. (e) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2002. Passed the House of Representatives May 21, 2002. Attest: JEFF TRANDAHL, Clerk.

Summary: Encouraging Work and Supporting Marriage Act of 2002 - Amends the Internal Revenue Code to increase the standard deduction for the married filing jointly category beginning in calendar year 2003.Modifies the work opportunity credit by: (1) repealing the requirement that a "qualified ex-felon" be a member of a low-income (as specified) family; (2) increasing the maximum age for eligibility of food stamp recipients to 30 years; (3) redefining the term "vocational rehabilitation referral"; (4) adding "long-term family assistance recipients" (as defined) to the definition of "targeted groups"; and (5) increasing the maximum allowable credit for employment of long-term family assistance recipients.Repeals the separate welfare-to-work credit.


SECTION 1. IMPROVED PROTECTION FOR CONSUMERS. (a) Verification of Authorization.--Subsection (a) of section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended to read as follows: ``(a) Prohibition.-- ``(1) In general.--No telecommunications carrier or reseller of telecommunications services shall submit or execute a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service except in accordance with this section and such verification procedures as the Commission shall prescribe. ``(2) Verification.-- ``(A) In general.--In order to verify a subscriber's selection of a telephone exchange service or telephone toll service provider under this section, the telecommunications carrier or reseller shall, at a minimum, require the subscriber-- ``(i) to acknowledge the type of service to be changed as a result of the selection; ``(ii) to affirm the subscriber's intent to select the provider as the provider of that service; ``(iii) to affirm that the consumer is the subscriber or is authorized to select the provider of that service for the telephone number in question; ``(iv) to acknowledge that the selection of the provider will result in a change in providers of that service; and ``(v) to provide such other information as the Commission considers appropriate for the protection of the subscriber. ``(B) Additional requirements.--The procedures prescribed by the Commission to verify a subscriber's selection of a provider shall-- ``(i) preclude the use of negative option marketing; ``(ii) provide for verification of a change in telephone exchange service or telephone toll service provider in oral, written, or electronic form; and ``(iii) require the retention of such verification in such manner and form and for such time as the Commission considers appropriate. ``(3) Intrastate services.--Nothing in this section shall preclude any State commission from enforcing such procedures with respect to intrastate services. ``(4) Section not to apply to wireless.--This section does not apply to a provider of commercial mobile service, as that term is defined in section 332(d)(1) of this Act.''. (b) Resolution of Complaints.--Section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended by adding at the end thereof the following: ``(c) Notice to Subscriber.--Whenever there is a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service, the telecommunications carrier or reseller selected shall notify the subscriber in writing, not more than 15 days after the change is processed by the telecommunications carrier or the reseller-- ``(1) of the subscriber's new carrier; and ``(2) that the subscriber may request information regarding the date on which the change was agreed to and the name of the individual who authorized the change. ``(d) Resolution of Complaints.-- ``(1) Prompt resolution.-- ``(A) In general.--The Commission shall prescribe a period of time, not in excess of 120 days after a telecommunications carrier or reseller receives notice, for the telecommunications carrier or reseller to resolve a complaint by a subscriber concerning an unauthorized change in the subscriber's selection of a provider of telephone exchange service or telephone toll service. ``(B) Unresolved complaints.--If a telecommunications carrier or reseller fails to resolve a complaint within the time period prescribed by the Commission, then, within 10 days after the end of that period, the telecommunications carrier or reseller shall-- ``(i) notify the subscriber in writing of the subscriber's right to file a complaint with the Commission concerning the unresolved complaint, the subscriber's rights under this section, and all other remedies available to the subscriber concerning unauthorized changes; ``(ii) inform the subscriber in writing of the procedures prescribed by the Commission for filing such a complaint; and ``(iii) provide the subscriber a copy of any evidence in the carrier's or reseller's possession showing that the change in the subscriber's provider of telephone exchange service or telephone toll service was submitted or executed in accordance with the verification procedures prescribed under subsection (a). ``(2) Resolution by commission.--The Commission shall provide a simplified process for resolving complaints under paragraph (1)(B). The simplified procedure shall preclude the use of interrogatories, depositions, discovery, or other procedural techniques that might unduly increase the expense, formality, and time, involved in the process. The Commission shall issue an order resolving any such complaint at the earliest date practicable, but in no event later than-- ``(A) 150 days after the date on which it received the complaint, with respect to liability issues; and ``(B) 90 days after the date on which it resolves a complaint, with respect to damages issues, if such additional time is necessary. ``(3) Damages awarded by commission.--In resolving a complaint under paragraph (1)(B), the Commission may award damages equal to the greater of $500 or the amount of actual damages. The Commission may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. ``(e) Penalty.-- ``(1) In general.--Unless the Commission determines that there are mitigating circumstances, violation of subsection (a) is punishable by a fine of not less than $40,000 for the first offense, and not less than $150,000 for each subsequent offense. ``(2) Failure to notify treated as violation of subsection (a).--If a telecommunications carrier or reseller fails to comply with the requirements of subsection (d)(1)(B), then that failure shall be treated as a violation of subsection (a). ``(f) Recovery of Fines.--The Commission may take such action as may be necessary-- ``(1) to collect any fines it imposes under this section; and ``(2) on behalf of any subscriber, any damages awarded the subscriber under this section. ``(g) Change Includes Initial Selection.--For purposes of this section, the initiation of service to a subscriber by a telecommunications carrier or a reseller shall be treated as a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service.''. (c) State Right-of-Action.--Section 258 of the Communications Act of 1934 (47 U.S.C. 258), as amended by subsection (b), is amended by adding at the end thereof the following: ``(h) Actions by States.-- ``(1) Authority of states.--Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that a telecommunications carrier or reseller has engaged or is engaging in a pattern or practice of changing telephone exchange service or telephone toll service provider without authority from subscribers in that State in violation of this section or the regulations prescribed under this section, the State may bring a civil action on behalf of its residents to enjoin such unauthorized changes, an action to recover for actual monetary loss or receive $500 in damages for each violation, or both such actions. If the court finds the defendant willfully or knowingly violated such regulations, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. ``(2) Exclusive jurisdiction of federal courts.--The district courts of the United States, the United States courts of any territory, and the District Court of the United States for the District of Columbia shall have exclusive jurisdiction over all civil actions brought under this subsection. Upon proper application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the defendant to comply with the provisions of this section or regulations prescribed under this section, including the requirement that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. ``(3) Rights of commission.--The State shall serve prior written notice of any such civil action upon the Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right-- ``(A) to intervene in the action; ``(B) upon so intervening, to be heard on all matters arising therein; and ``(C) to file petitions for appeal. ``(4) Venue; service of process.--Any civil action brought under this subsection in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found. ``(5) Investigatory powers.--For purposes of bringing any civil action under this subsection, nothing in this section shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(6) Effect on state court proceedings.--Nothing contained in this subsection shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. ``(7) Limitation.--Whenever the Commission has instituted a civil action for violation of regulations prescribed under this section, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission's complaint for any violation as alleged in the Commission's complaint. ``(8) Definition.--As used in this subsection, the term `attorney general' means the chief legal officer of a State. ``(i) State Law Not Preempted.--Nothing in this section or in the regulations prescribed under this section shall preempt any State law that imposes more restrictive intrastate requirements or regulations on, or which prohibits unauthorized changes in, a subscriber's selection of a provider of telephone exchange service or telephone toll service.''. (d) Report on Carriers Executing Unauthorized Changes of Telephone Service.-- (1) Report.--Not later than October 31, 1998, the Federal Communications Commission shall submit to Congress a report on unauthorized changes of subscribers' selections of providers of telephone exchange service or telephone toll service. (2) Elements.--The report shall include the following: (A) A list of the 10 telecommunications carriers that, during the 1-year period ending on the date of the report, were subject to the highest number of complaints of having executed unauthorized changes of subscribers from their selected providers of telephone exchange service or telephone toll service when compared with the total number of subscribers served by such carriers. (B) The telecommunications carriers, if any, assessed fines under section 258(e) of the Communications Act of 1934 (as added by subsection (c)), during that period, including the amount of each such fine and whether the fine was assessed as a result of a court judgment or an order of the Commission or was secured pursuant to a consent decree. SEC. 2. REPORT ON TELEMARKETING PRACTICES. (a) In General.--The Federal Communications Commission shall issue a report within 180 days after the date of enactment of this Act on the telemarketing practices used by telecommunications carriers or resellers or their agents or employees for the purpose of soliciting changes by subscribers of their telephone exchange service or telephone toll service provider. (b) Specific Issues.--As part of the report required under subsection (a), the Commission shall include findings on-- (1) the extent to which imposing penalties on telemarketers would deter unauthorized changes in a subscriber's selection of a provider of telephone exchange service or telephone toll service; (2) the need for rules requiring third-party verification of changes in a subscriber's selection of such a provider; and (3) whether wireless carriers should continue to be exempt from the verification and retention requirements imposed by section 258(a)(2)(B)(iii) of the Communications Act of 1934 (47 U.S.C. 258(a)(2)(B)(iii)). (c) Rulemaking.--If the Commission determines that particular telemarketing practices are being used with the intention to mislead, deceive, or confuse subscribers and that they are likely to mislead, deceive, or confuse subscribers, then the Commission shall initiate a rulemaking to prohibit the use of such practices within 120 days after the completion of its report.

Summary: Amends the Communications Act of 1934 to prohibit a telecommunications carrier or a reseller of telecommunications services from submitting or executing a change in a subscriber's selection of a provider of telephone exchange service or toll service, except in accordance with this Act and Federal Communications Commission (FCC) verification procedures. Requires a carrier or reseller, in verifying a subscriber's selection of a telephone exchange or toll service provider, to require the subscriber to: (1) acknowledge the type of service to be changed by the selection; (2) affirm the intent to select the service provider; (3) affirm that the consumer is the subscriber or is authorized to make such selection for that telephone number; (4) acknowledge that such selection will result in a change of service provider; and (5) provide any other such information the FCC considers appropriate for the subscriber's protection. Requires FCC selection verification procedures to: (1) preclude the use of negative option marketing; (2) provide for verification of a change of provider in oral, written, or electronic form; and (3) require the retention of such verification in a manner and form and for such time as the FCC considers appropriate. Makes the above provisions inapplicable to providers of commercial mobile service. Requires a carrier or reseller selected by a subscriber to notify the subscriber in writing not more than 15 days after the change is processed by the carrier or reseller: (1) of the subscriber's new carrier; and (2) that the subscriber may request information regarding the date of the change and the individual authorizing the change. Requires the FCC to: (1) prescribe a period not to exceed 120 days after receipt of notice of a complaint of an unauthorized change for the carrier or reseller to resolve such complaint; and (2) provide a simplified process for resolving such complaints. Authorizes the FCC, in resolving a complaint, to award damages of: (1) the greater amount of $500 or actual damages; or (2) three times such amount. Provides penalties for violations of this Act and authorizes the FCC to collect fines and damages. Treats an initiation of service as a change in a subscriber's selection for purposes of this Act. Authorizes a State, when it has reason to believe that a carrier or reseller has or is engaged in a practice of changing service providers without subscriber authority, to bring an action on behalf of its residents to enjoin such changes and to recover damages. Gives Federal courts exclusive jurisdiction over such actions. Requires FCC notification of, and authorizes FCC intervention in, any such action. Requires the FCC to report to the Congress on unauthorized changes in subscribers' providers. (Sec. 2) Directs the FCC to issue a report on the telemarketing practices used by carriers or resellers to solicit changes by subscribers in their service providers. Authorizes the FCC to initiate a rulemaking to prohibit particular practices it determines are being used with the intention to mislead, deceive, or confuse subscribers.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Health Benefits Provider Integrity Amendments of 1997''. SEC. 2. DEBARMENT AND OTHER SANCTIONS. (a) Amendments.--Section 8902a of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``and'' at the end of subparagraph (B); (ii) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(D) the term `should know' means that a person, with respect to information, acts in deliberate ignorance of, or in reckless disregard of, the truth or falsity of the information, and no proof of specific intent to defraud is required.''; and (B) in paragraph (2)(A), by striking ``subsection (b) or (c)'' and inserting ``subsection (b), (c), or (d)''; (2) in subsection (b)-- (A) by striking ``The Office of Personnel Management may bar'' and inserting ``The Office of Personnel Management shall bar''; and (B) by amending paragraph (5) to read as follows: ``(5) Any provider that is currently suspended or excluded from participation under any program of the Federal Government involving procurement or nonprocurement activities.''; (3) by redesignating subsections (c) through (i) as subsections (d) through (j), respectively, and by inserting after subsection (b) the following: ``(c) The Office may bar the following providers of health care services from participating in the program under this chapter: ``(1) Any provider-- ``(A) whose license to provide health care services or supplies has been revoked, suspended, restricted, or not renewed, by a State licensing authority for reasons relating to the provider's professional competence, professional performance, or financial integrity; or ``(B) that surrendered such a license while a formal disciplinary proceeding was pending before such an authority, if the proceeding concerned the provider's professional competence, professional performance, or financial integrity. ``(2) Any provider that is an entity directly or indirectly owned, or with a 5 percent or more controlling interest, by an individual who is convicted of any offense described in subsection (b), against whom a civil monetary penalty has been assessed under subsection (d), or who has been debarred from participation under this chapter. ``(3) Any individual who directly or indirectly owns or has a controlling interest in an entity and who knows or should know of the action constituting the basis for the entity's conviction of any offense described in subsection (b), assessment with a civil monetary penalty under subsection (d), or debarment from participation under this chapter. ``(4) Any provider that the Office determines, in connection with claims presented under this chapter, has charged for health care services or supplies in an amount substantially in excess of such provider's customary charge for such services or supplies (unless the Office finds there is good cause for such charge), or charged for health care services or supplies which are substantially in excess of the needs of the covered individual or which are of a quality that fails to meet professionally recognized standards for such services or supplies. ``(5) Any provider that the Office determines has committed acts described in subsection (d).''; (4) in subsection (d) (as so redesignated by paragraph (3)) by amending paragraph (1) to read as follows: ``(1) in connection with claims presented under this chapter, that a provider has charged for a health care service or supply which the provider knows or should have known involves-- ``(A) an item or service not provided as claimed, ``(B) charges in violation of applicable charge limitations under section 8904(b), or ``(C) an item or service furnished during a period in which the provider was debarred from participation under this chapter pursuant to a determination by the Office under this section, other than as permitted under subsection (g)(2)(B);''; (5) in subsection (f) (as so redesignated by paragraph (3)) by inserting after ``under this section'' the first place it appears the following: ``(where such debarment is not mandatory)''; (6) in subsection (g) (as so redesignated by paragraph (3))-- (A) by striking ``(g)(1)'' and all that follows through the end of paragraph (1) and inserting the following: ``(g)(1)(A) Except as provided in subparagraph (B), debarment of a provider under subsection (b) or (c) shall be effective at such time and upon such reasonable notice to such provider, and to carriers and covered individuals, as shall be specified in regulations prescribed by the Office. Any such provider that is debarred from participation may request a hearing in accordance with subsection (h)(1). ``(B) Unless the Office determines that the health or safety of individuals receiving health care services warrants an earlier effective date, the Office shall not make a determination adverse to a provider under subsection (c)(5) or (d) until such provider has been given reasonable notice and an opportunity for the determination to be made after a hearing as provided in accordance with subsection (h)(1).''; (B) in paragraph (3)-- (i) by inserting ``of debarment'' after ``notice''; and (ii) by adding at the end the following: ``In the case of a debarment under paragraph (1), (2), (3), or (4) of subsection (b), the minimum period of debarment shall not be less than 3 years, except as provided in paragraph (4)(B)(ii).''; (C) in paragraph (4)(B)(i)(I) by striking ``subsection (b) or (c)'' and inserting ``subsection (b), (c), or (d)''; and (D) by striking paragraph (6); (7) in subsection (h) (as so redesignated by paragraph (3)) by striking ``(h)(1)'' and all that follows through the end of paragraph (2) and inserting the following: ``(h)(1) Any provider of health care services or supplies that is the subject of an adverse determination by the Office under this section shall be entitled to reasonable notice and an opportunity to request a hearing of record, and to judicial review as provided in this subsection after the Office renders a final decision. The Office shall grant a request for a hearing upon a showing that due process rights have not previously been afforded with respect to any finding of fact which is relied upon as a cause for an adverse determination under this section. Such hearing shall be conducted without regard to subchapter II of chapter 5 and chapter 7 of this title by a hearing officer who shall be designated by the Director of the Office and who shall not otherwise have been involved in the adverse determination being appealed. A request for a hearing under this subsection shall be filed within such period and in accordance with such procedures as the Office shall prescribe by regulation. ``(2) Any provider adversely affected by a final decision under paragraph (1) made after a hearing to which such provider was a party may seek review of such decision in the United States District Court for the District of Columbia or for the district in which the plaintiff resides or has his or her principal place of business by filing a notice of appeal in such court within 60 days after the date the decision is issued, and by simultaneously sending copies of such notice by certified mail to the Director of the Office and to the Attorney General. In answer to the appeal, the Director of the Office shall promptly file in such court a certified copy of the transcript of the record, if the Office conducted a hearing, and other evidence upon which the findings and decision complained of are based. The court shall have power to enter, upon the pleadings and evidence of record, a judgment affirming, modifying, or setting aside, in whole or in part, the decision of the Office, with or without remanding the case for a rehearing. The district court shall not set aside or remand the decision of the Office unless there is not substantial evidence on the record, taken as whole, to support the findings by the Office of a cause for action under this section or unless action taken by the Office constitutes an abuse of discretion.''; and (8) in subsection (i) (as so redesignated by paragraph (3))-- (A) by striking ``subsection (c)'' and inserting ``subsection (d)''; and (B) by adding at the end the following: ``The amount of a penalty or assessment as finally determined by the Office, or other amount the Office may agree to in compromise, may be deducted from any sum then or later owing by the United States to the party against whom the penalty or assessment has been levied.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Exceptions.--(A) Paragraphs (2), (3), and (5) of section 8902a(c) of title 5, United States Code, as amended by subsection (a)(3), shall apply only to the extent that the misconduct which is the basis for debarment under such paragraph (2), (3), or (5), as applicable, occurs after the date of the enactment of this Act. (B) Paragraph (1)(B) of section 8902a(d) of title 5, United States Code, as amended by subsection (a)(4), shall apply only with respect to charges which violate section 8904(b) of such title for items or services furnished after the date of the enactment of this Act. (C) Paragraph (3) of section 8902a(g) of title 5, United States Code, as amended by subsection (a)(6)(B), shall apply only with respect to debarments based on convictions occurring after the date of the enactment of this Act. SEC. 3. AMENDMENT TO THE SOCIAL SECURITY ACT. Section 1128B(f)(1) of the Social Security Act (42 U.S.C. 1320a- 7b(f)(1)), as amended by section 204(a)(7) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 2000), is amended by striking ``(other than the health insurance program under chapter 89 of title 5, United States Code)''.

Summary: Federal Employees Health Benefits Provider Integrity Amendments of 1997 - Amends Federal law, with respect to Federal employees' health insurance coverage under the Federal Employees Health Benefits Program (FEHB), to revise provisions regarding the debarment of any health care provider found to have engaged in fraudulent practices, including requiring (currently permitting) debarment for certain fraudulent practices. (Sec. 3) Amends the Social Security Act, as amended by the Health Insurance Portability and Accountability Act of 1996, to apply certain criminal health antifraud and abuse sanctions to fraud and abuse involving the FEHB Program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Rights Act''. SEC. 2. LABOR ORGANIZATION DUES. (a) Dues Not Deductible From Pay.--Chapter 71 of title 5, United States Code, is amended by striking section 7115 and inserting the following: ``Sec. 7115. Labor organization dues ``(a) Dues Not Deductible From Pay.-- ``(1) In general.--An agency may not deduct any amount from the pay of an employee for the dues of a labor organization. ``(2) Restriction.--Appropriated funds may not be used to pay an employee who makes deductions described in paragraph (1). ``(3) Definition.--For purposes of this subsection, the term `agency' means-- ``(A) an Executive agency (as defined in section 105), the United States Postal Service, and the Postal Regulatory Commission; ``(B) an office, agency, or other establishment in the legislative branch; ``(C) an office, agency, or other establishment in the judicial branch; and ``(D) the government of the District of Columbia. ``(b) Prohibition on Use of Dues for Political Purposes.-- ``(1) In general.--Employee dues collected by a labor organization pursuant to this chapter may not be used for any purpose not directly related to the organization's collective bargaining activities on behalf of the employee under this chapter unless, after a notice period of not less than 35 days, the employee authorizes such use in writing. ``(2) Expiration.--An authorization under paragraph (1) shall-- ``(A) expire not later than 1 year after the date on which such authorization is signed by the employee; and ``(B) not provide for an automatic renewal of any authorization under this subsection.''. (b) Postal Service Amendment.--Section 1205 of title 39, United States Code, is amended to read as follows: ``Sec. 1205. Prohibition on use of dues for political purposes ``(a) Employee dues collected by a labor organization pursuant to this chapter may not be used for any purpose not directly related to the organization's collective bargaining activities on behalf of the employee under this chapter unless, after a notice period of not less than 35 days, the employee authorizes such use in writing. ``(b) An authorization under subsection (a) shall-- ``(1) expire not later than 1 year after the date on which such authorization is signed by the employee; and ``(2) not provide for an automatic renewal of any authorization under this subsection.''. (c) Clerical Amendments.-- (1) Title 5.--The table of sections at the beginning of chapter 71 of title 5, United States Code, is amended by striking the item relating to section 7115 and inserting the following: ``7115. Labor organization dues.''. (2) Title 39.--The table of sections at the beginning of chapter 12 of title 39, United States Code, is amended by striking the item relating to section 1205 and inserting the following: ``1205. Prohibition on use of dues for political purposes.''. (d) Effective Dates; Transition Provisions.-- (1) Effective date.--The amendments made by this section shall take effect on the date of enactment of this section. (2) Transition provisions.-- (A) Current deductions for dues of an exclusive representative.--Nothing in this section shall, in the case of an assignment received before the date of enactment of this section under subsection (a) of section 7115 of title 5, United States Code (as then in effect), cause the termination of such assignment before-- (i) the date on which such assignment is revoked, in accordance with the last sentence of such subsection (a) (as last in effect before such date of enactment); or (ii) if earlier, the date determined under paragraph (1) or (2) of subsection (b) of such section 7115 (as last in effect before such date of enactment). (B) Current deductions for dues of other labor organizations.--Nothing in this section shall, in the case of a voluntary allotment made before the date of enactment of this section under subsection (c) of section 7115 of title 5, United States Code (as then in effect), cause the termination of such allotment before the date on which the underlying agreement (under authority of which such allotment is being made) ceases to have effect, whether by reason of section 7115(c)(2)(B) of such title 5 (as last in effect before such date of enactment) or otherwise. (C) Current deductions for dues of a labor organization from postal service employees.--Nothing in this section shall, in the case of a written assignment received before the date of enactment of this section under section 1205 of title 39, United States Code (as then in effect), cause the termination of such assignment before the date on which such assignment-- (i) is revoked in accordance with such section (as last in effect before such date of enactment); or (ii) otherwise expires. (3) Nonrenewability.-- (A) In general.--An agreement between an agency and a labor organization, entered into before the date of enactment of this section under subsection (a) or (c) of section 7115 of such title 5 (as then in effect), shall not, to the extent that it relates to deductions for the payment of dues of such labor organization, be subject to renewal or extension. (B) Postal service.--A written assignment received by the United States Postal Service under section 1205 of title 39, United States Code (as then in effect) or an agreement between the United States Postal Service and any organization of employees in effect pursuant to 1205(b) of such title (as then in effect), shall not, to the extent that it relates to deductions for the payment of dues of such organization, be subject to renewal or extension. (4) Definitions.--For purposes of this subsection, the terms ``agency'', ``exclusive representative'', and ``labor organization'' have the respective meanings given such terms in section 7103 of title 5, United States Code. SEC. 3. REQUIRE MAJORITY VOTE OF EMPLOYEES IN A UNIT TO JOIN UNION. (a) In General.--Section 7111 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``who cast valid ballots in the election''; (2) in subsection (b)(1)(A), by striking ``30 percent'' and inserting ``more than 50 percent''; and (3) in subsection (f)(4), by striking ``voting'' and insert ``in the appropriate unit''. (b) Postal Service Amendments.--Section 1203 of title 39, United States Code, is amended-- (1) in subsection (c)(1), by striking ``a substantial number of employees'' and inserting ``a majority of employees in a unit''; and (2) in subsection (d), by striking ``30 percent'' and inserting ``more than 50 percent''. (c) Application.--The amendments made by subsections (a) and (b) shall apply to any applicable election or petition filed after the date of enactment of this Act. SEC. 4. USE OF PERSONAL INFORMATION. (a) In General.--Section 7111 of title 5, United States Code, is amended by adding at the end the following: ``(h) During any organizing activity conducted under this chapter, an employee may elect, in writing, to withhold the employee's personal information from a labor organization.''. (b) Postal Service Amendment.--Section 1203 of title 39, United States Code, is further amended by adding at the end the following: ``(f) During any organizing activity conducted under this chapter, an employee may elect, in writing, to withhold the employee's personal information from a labor organization.''. SEC. 5. REQUIREMENT FOR SECRET PAPER BALLOT ELECTIONS. (a) In General.--Section 7111(d) of title 5, United States Code, is amended by adding at the end after the period the following: ``Any election under this chapter shall be a secret paper ballot election.''. (b) Postal Service Amendment.--Section 1204(a) of title 39, United States Code, is amended by adding at the end after the period the following: ``Any election under this chapter shall be a secret paper ballot election.''.

Summary: Federal Employee Rights Act This bill repeals current authority allowing the deduction of labor organization dues from employee pay and prohibits federal agencies, including executive, legislative, and judicial agencies, the U.S. Postal Service, the Postal Regulatory Commission, and the government of the District of Columbia, from deducting any amount from the pay of an employee for the dues of a labor organization. The bill prohibits employee dues collected by a labor organization from being used for any purpose not directly related to the organization's collective bargaining activities without employee authorization. The bill requires a vote of more than 50% of all employees (not just employees who cast ballots) to approve union representation and extends this requirement to postal service employees. An employee may elect, in writing, to withhold personal information from a labor organization during organizing activity. The bill requires that all elections relating to labor representation, including elections involving postal service employees, have secret paper ballots.


SECTION 1. HIGHWAY FUEL TAX SUSPENSION. (a) Temporary Suspension of Highway Fuel Taxes on Gasoline and Diesel Fuel.-- (1) In general.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Temporary Suspension of Taxes on Gasoline and Diesel Fuel.-- ``(1) In general.--During the applicable period, each rate of tax referred to in paragraph (2) shall be reduced to zero cents per gallon. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are-- ``(A) the rate of tax otherwise applicable to gasoline under clause (i) of subsection (a)(2)(A), determined with regard to subsection (a)(2)(B), ``(B) the rate of tax otherwise applicable to diesel fuel under clause (iii) of subsection (a)(2)(A), determined with regard to subsection (a)(2)(B), and ``(C) the rate of tax otherwise applicable to diesel fuel under paragraph (1) of section 4041(a) with respect to fuel sold for use or used in a diesel- powered highway vehicle. ``(3) Applicable period.--For purposes of this subsection, the term `applicable period' means the period beginning on May 26, 2008, and ending on September 1, 2008. ``(4) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to the Highway Trust Fund under section 9503 and to the Leaking Underground Storage Tank Trust Fund under 9508, an amount equal to the reduction in revenues to the Treasury by reason of this subsection shall be treated as taxes received in the Treasury under this section or section 4041.''. (2) Effective date.--The amendment made by this subsection shall take effect on the date of the enactment of this Act. (b) Floor Stock Refunds.-- (1) In general.--If-- (A) before the tax suspension date, a tax referred to in section 4081(f)(2) of the Internal Revenue Code of 1986 has been imposed under such Code on any liquid, and (B) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this subsection referred to as the ``taxpayer''), against the taxpayer's subsequent semi-monthly deposit of such tax, an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on the tax suspension date. (2) Time for filing claims; certifications necessary to file claims.-- (A) In general.--No credit or refund shall be allowed or made under this subsection-- (i) unless claim therefore is filed with the Secretary before the date which is 6 months after the tax suspension date, and (ii) in any case where liquid is held by a dealer (other than the taxpayer) on the tax suspension date, unless the taxpayer files with the Secretary-- (I) a certification that the taxpayer has given a credit to such dealer with respect to such liquid against the dealer's first purchase of liquid from the taxpayer subsequent to the tax suspension date, and (II) a certification by such dealer that such dealer has given a credit to a succeeding dealer (if any) with respect to such liquid against the succeeding dealer's first purchase of liquid from such dealer subsequent to the tax suspension date. (B) Reasonableness of claims certified.--Any certification made under subparagraph (A) shall include an additional certification that the claim for credit was reasonably based on the taxpayer's or dealer's past business relationship with the succeeding dealer. (3) Definitions.--For purposes of this subsection-- (A) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (B) the term ``tax suspension date'' means May 26, 2008. (4) Certain rules to apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this subsection. (c) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of any liquid on which tax would have been imposed under section 4081 of the Internal Revenue Code of 1986 during the applicable period but for the amendment made by subsection (a), and which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax in an amount equal to the tax which would be imposed on such liquid had the taxable event occurred on the floor stocks tax date. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before the date which is 6 months after the floor stocks tax date. (3) Definitions.--For purposes of this subsection-- (A) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (B) Gasoline and diesel fuel.--The terms ``gasoline'' and ``diesel fuel'' have the respective meanings given such terms by section 4083 of such Code. (C) Floor stocks tax date.--The term ``floor stocks tax date'' means September 2, 2008. (D) Applicable period.--The term ``applicable period'' means the period described in section 4081(f)(3) of such Code. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to gasoline or diesel fuel held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 of such Code is allowable for such use. (5) Exception for fuel held in vehicle tank.--No tax shall be imposed by paragraph (1) on gasoline or diesel fuel held in the tank of a motor vehicle. (6) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1)-- (i) on gasoline (other than aviation gasoline) held on the floor stocks tax date by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (ii) on diesel fuel held on such date by any person if the aggregate amount of diesel fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4) or (5). (C) Controlled groups.--For purposes of this paragraph-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (7) Other law applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this paragraph, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section 4081. (d) Secretary.--For purposes of this section, the term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (e) Passthrough to Consumers.-- (1) Sense of congress.--It is the senses of Congress that-- (A) consumers immediately receive the benefit of the reduction in taxes resulting from the amendment made by subsection (a), and (B) transportation motor fuels producers and other dealers take such actions as necessary to reduce transportation motor fuels prices to reflect such reduction, including immediate credits to customer accounts representing tax refunds allowed as credits against excise tax deposit payments under the floor stocks refund provisions of subsection (b). (2) Study and enforcement.--The Federal Trade Commission and the Commodities Futures Trading Commission shall use all applicable authorities to monitor oil, diesel, and gasoline markets to ensure that the benefit of the reduction in taxes resulting from the amendment made by subsection (a) is received by consumers. SEC. 2. TEMPORARY OIL PROFIT FEE. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 56--TEMPORARY FEE ON EXCESS OIL PROFIT ``Sec. 5896. Imposition of fee. ``Sec. 5897. Excess profit; etc. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF FEE. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed on any applicable taxpayer an excise fee in an amount equal to 50 percent of the excess profit of such taxpayer for any taxable year beginning during 2008. ``(b) Applicable Taxpayer.--For purposes of this chapter, the term `applicable taxpayer' means, with respect to operations in the United States-- ``(1) any integrated oil company (as defined in section 291(b)(4)), and ``(2) any other producer or refiner of crude oil with gross receipts from the sale of such crude oil or refined oil products for the taxable year exceeding $1,000,000,000. ``SEC. 5897. EXCESS PROFIT; ETC. ``(a) General Rule.--For purposes of this chapter, the term `excess profit' means the excess of the adjusted taxable income of the applicable taxpayer for the taxable year over the reasonably inflated average profit for such taxable year. ``(b) Adjusted Taxable Income.--For purposes of this chapter, with respect to any applicable taxpayer, the adjusted taxable income for any taxable year is equal to the taxable income for such taxable year (within the meaning of section 63 and determined without regard to this subsection) increased by any interest expense deduction, charitable contribution deduction, and any net operating loss deduction carried forward from any prior taxable year. In the case of any applicable taxpayer which is a foreign corporation, the adjusted taxable income shall be determined with respect to such income which is effectively connected with the conduct of a trade or business in the United States. ``(c) Reasonably Inflated Average Profit.--For purposes of this chapter, with respect to any applicable taxpayer, the reasonably inflated average profit for any taxable year is an amount equal to the average of the adjusted taxable income of such taxpayer for taxable years beginning during the 2000-2004 taxable year period (determined without regard to the taxable year with the highest adjusted taxable income in such period) plus 10 percent of such average. ``SEC. 5898. SPECIAL RULES AND DEFINITIONS. ``(a) Withholding and Deposit of Fee.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the fee imposed under section 5896. ``(b) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information as the Secretary may by regulations prescribe. ``(c) Return of Fee.--The Secretary shall provide for the filing and the time of such filing of the return of the fee imposed under section 5896. ``(d) Crude Oil.--The term `crude oil' includes crude oil condensates and natural gasoline. ``(e) Businesses Under Common Control.--For purposes of this chapter, all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.''. (b) Clerical Amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56--Temporary Fee on Excess Oil Profit''. (c) Deductibility of Fee.--The first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The fee imposed by section 5896.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning in 2008. SEC. 3. SUSPENSION OF PETROLEUM ACQUISITION FOR STRATEGIC PETROLEUM RESERVE. (a) In General.--Except as provided in subsection (b) and notwithstanding any other provision of law, during the period beginning on the date of enactment of this Act and ending on December 31, 2008, the Secretary of Energy shall suspend acquisition of petroleum for the Strategic Petroleum Reserve through the royalty-in-kind program or any other acquisition method. (b) Resumption.--The Secretary of Energy may resume acquisition of petroleum for the Strategic Petroleum Reserve through the royalty-in- kind program or any other acquisition method under subsection (a) not earlier than 30 days after the date on which the Secretary notifies Congress that the Secretary has determined that the weighted average price of petroleum in the United States for the most recent 90-day period is $75 or less per barrel. SEC. 4. PRICE GOUGING AND MARKET MANIPULATION. The Federal Trade Commission and the Commodities Futures Trading Commission shall use all applicable authorities to monitor oil, diesel, and gasoline markets to prevent price gouging and market manipulation in such markets.

Summary: Amends the Internal Revenue Code to suspend excise taxes on gasoline and diesel fuels between May 26, 2008, and September 1, 2008. Provides for reimbursement from the Treasury to the Highway Trust Fund for any reduction in Trust Fund receipts resulting from such suspension. Expresses the sense of Congress that: (1) consumers immediately receive the benefit of the reduction in taxes resulting from the suspension of gasoline excise taxes; and (2) transportation motor fuels producers and other dealers take necessary actions to reduce fuel prices to reflect such reduction in taxes. Directs the Federal Trade Commission (FTC) and the Commodity Futures Trading Commission (CFTC) to monitor oil, diesel, and gasoline markets to: (1) ensure that consumers receive the benefit resulting from the suspension of taxes; and (2) prevent price gouging and market manipulation. Imposes in taxable years beginning in 2008 an excise fee of 50% of the excess profit of integrated oil companies and other producers or refiners of crude oil with gross receipts exceeding $1 billion. Defines "excess profit" for purposes of this Act. Directs the Secretary of Energy to suspend acquisition of petroleum for the Strategic Petroleum Reserve through the royalty-in-kind program or any other acquisition method until December 31, 2008. Permits an earlier resumption of petroleum acquisition for periods when the weighted average price of petroleum is $75 or less per barrel.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Puget Sound Regional Shellfish Settlement Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Tribes have established treaty rights to take shellfish from public and private tidelands in Washington State, including from some lands owned, leased, or otherwise subject to harvest by commercial shellfish Growers; (2) the district court that adjudicated the Tribes' treaty rights to take shellfish found that the Growers are innocent purchasers who had no notice of the Tribes' fishing right when they acquired their properties; (3) numerous unresolved issues remain outstanding regarding implementation of the Tribes' treaty right to take shellfish from lands owned, leased, or otherwise subject to harvest by the Growers; (4) the Tribes, the Growers, the State of Washington, and the United States Department of the Interior have resolved by a Settlement Agreement many of the disputes between and among them regarding implementation of the Tribes' treaty right to take shellfish from covered tidelands owned or leased by the Growers; (5) the Settlement Agreement does not provide for resolution of any claims to take shellfish from lands owned or leased by the Growers that potentially may be brought in the future by ``Other Tribes''; (6) in the absence of congressional actions, the prospect of ``Other Tribes'' claims to take shellfish from lands owned or leased by the Growers could be pursued through the courts, a process which in all likelihood could consume many years and thereby promote uncertainty in the State of Washington and the Growers and to the ultimate detriment of both the Tribes and Other Tribes and their members; (7) in order to avoid this uncertainty, it is the intent of Congress that Other Tribes have the option of resolving their claims, if any, to a treaty right to take shellfish from covered tidelands owned or leased by the Growers; and (8) this Act represents a good faith effort on the part of Congress to extend to Other Tribes the same fair and just option of resolving their claims to take shellfish from covered tidelands owned or leased by the Growers that the Tribes have agreed to in the Settlement Agreement. (b) Purpose.--The purposes of this Act are-- (1) to approve, ratify, and confirm the Settlement Agreement entered into by and among the Tribes, commercial shellfish growers, the State of Washington and the United States on _____, 2006; (2) to provide Other Tribes with a fair and just resolution of any claims to take shellfish from ``covered tidelands'', as that term is defined in the Settlement Agreement, that potentially could be brought in the future by Other Tribes; and (3) to authorize the Secretary to implement the terms and conditions of the Settlement Agreement and this Act. SEC. 3. DEFINITIONS. In this Act: (1) Fund.--The term ``Fund'' means the Puget Sound Shellfish Settlement Trust Fund Account established by this Act. (2) Growers.--The term ``Growers'' means Taylor United, Inc.; Olympia Oyster Company; G.R. Clam & Oyster Farm; Cedric E. Lindsay; Minterbrook Oyster Company; Charles and Willa Murray; Skookum Bay Oyster Company; J & G Gunstone Clams, Inc.; and all persons who qualify as ``growers'' in accordance with and pursuant to the Settlement Agreement. (3) Other tribes.--The term ``Other Tribes'' means any federally recognized Indian nation or tribe other than the Tribes defined by this section that, within 20 years after the deposit of funds in the Special Holding Account, establishes a legally enforceable treaty right to take shellfish from covered tidelands described in the Settlement Agreement, owned, leased or otherwise subject to harvest by those persons or entities that qualify as Growers. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Settlement agreement.--The term ``Settlement Agreement'' means the Settlement Agreement entered into by and between the Tribes, commercial shellfish Growers, the State of Washington and the United States, signed on _________, 2006, to resolve certain disputes between and among them regarding implementation of the Tribes' treaty right to take shellfish from certain covered tidelands owned, leased or otherwise subject to harvest by the Growers. (6) Tribes.--The term ``Tribes'' means the following federally recognized Tribes that executed the Settlement Agreement: Tulalip, Stillaguamish, Sauk Suiattle, Puyallup, Squaxin Island, Makah, Muckleshoot, Upper Skagit, Nooksack, Nisqually, Skokomish, Port Gamble S'Klallam, Lower Elwha Klallam, Jamestown S'Klallam, and Suquamish Tribes, the Lummi Nation, and the Swinomish Indian Tribal Community. (7) Special holding account.--The term ``Special Holding Account'' means the Puget Sound Shellfish Settlement Special Holding Account established by this Act. SEC. 4. APPROVAL OF SETTLEMENT AGREEMENT. (a) In General.--The Settlement Agreement is hereby approved, ratified, and confirmed, and section 6 of the Settlement Agreement, Release of Claims, is specifically adopted and incorporated into this Act as if fully set forth herein. (b) Authorization for Implementation.--The Secretary is hereby authorized to implement the terms and conditions of the Settlement Agreement in accordance with the Settlement Agreement and this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated the sum of $23,500,000 to carry out this Act as follows: (1) $2,000,000 for fiscal year 2007. (2) $5,000,000 for each of fiscal years 2008 through 2010. (3) $6,500,000 for fiscal year 2011. SEC. 6. FUND, SPECIAL HOLDING ACCOUNT, AND CONDITIONS. (a) Puget Sound Regional Shellfish Settlement Trust Fund.-- (1) There is hereby established in the Treasury of the United States an account to be designated as the ``Puget Sound Regional Shellfish Settlement Trust Fund''. The Secretary shall deposit funds in the amount of $22,000,000 at such time as appropriated pursuant to section 5 into the Fund. (2) The Fund shall be maintained and invested by the Secretary of the Interior pursuant to the Act of June 24, 1938 as amended (25 U.S.C. 162a) until such time that all monies are transferred from the Fund. (3) The Secretary shall transfer monies held in the Fund to each Tribe of the Tribes in the amounts and manner specified by and in accordance with the payment agreement established pursuant to the Settlement Agreement and this Act. (b) Puget Sound Regional Shellfish Settlement Special Holding Account.-- (1) There is hereby established in the Treasury of the United States a fund to be designated as the ``Puget Sound Regional Shellfish Settlement Special Holding Account''. The Secretary shall deposit funds in the amount of $1,500,000 into the Special Holding Account in fiscal year 2011 at such time as appropriated pursuant to section 5. (2) The Special Holding Account shall be maintained and invested by the Secretary of the Interior pursuant to the Act of June 24, 1938 as amended (25 U.S.C. 162a) until such time that all monies are transferred from the Special Holding Account. (3) If a court of competent jurisdiction renders a final decision declaring that any of the Other Tribes has an established treaty right to take or harvest shellfish in covered tidelands, as that term is defined in the Settlement Agreement, and such tribe opts to accept a share of the Special Holding Account, rather than litigate this claim against the Growers, the Secretary shall transfer the appropriate share of the monies held in the Special Holding Account to each such tribe of the Other Tribes in the amounts appropriate to compensate the Other Tribes in the same manner and for the same purposes as the Tribes who are signatory to the Settlement Agreement. Such a transfer to a tribe shall constitute full and complete satisfaction of that tribe's claims to shellfish on the covered tidelands. (4) The Secretary may retain such amounts of the Special Holding Account as necessary to provide for additional tribes that may judicially establish their rights to take shellfish in the covered tidelands within the term of that Account, provided that the Secretary pays the remaining balance to the Other Tribes prior to the expiration of the term of the Special Holding Account. (5) The Tribes shall have no interest, possessory or otherwise, in the Special Holding Account. (6) Twenty years after the deposit of funds into the Special Holding Account, the Secretary shall close the Account and transfer the balance of any funds held in the Special Holding Account at that time to the Treasury. However, the Secretary may continue to maintain the Special Holding Account in order to resolve the claim of an Other Tribe that has notified the Secretary in writing within the 20-year term of that Tribe's interest in resolving its claim in the manner provided for in this Act. (7) It is the intent of Congress that the Other Tribes, if any, shall have the option of agreeing to similar rights and responsibilities as the Tribes that are signatories to the Settlement Agreement, if they opt not to litigate against the Growers. (c) Annual Report.--Each tribe of the Tribes, or any of the Other Tribes accepting a settlement of its claims to shellfish on covered lands pursuant to (b)(3), shall submit to the Secretary an annual report that describes all expenditures made with monies withdrawn from the Fund or Special Holding Account during the year covered by the report. (d) Judicial and Administrative Action.--The Secretary may take judicial or administrative action to ensure that any monies withdrawn from the Fund or Special Holding Account are used in accordance with the purposes described in the Settlement Agreement and this Act. (e) Clarification of Trust Responsibility.--Beginning on the date that monies are transferred to a tribe of the Tribes or a tribe of the Other Tribes pursuant to this Act, any trust responsibility or liability of the United States with respect to the expenditure or investment of the monies withdrawn shall cease. SEC. 7. STATE OF WASHINGTON PAYMENT. The Secretary shall not be accountable for nor incur any liability for the collection, deposit, management or nonpayment of the State of Washington payment of $11,000,000 to the Tribes pursuant to the Settlement Agreement. SEC. 8. RELEASE OF OTHER TRIBES CLAIMS. (a) Right to Bring Actions.--As of the date of enactment of this Act, all right of any Other Tribes to bring an action to enforce or exercise its treaty rights to take shellfish from public and private tidelands in Washington State, including from some lands owned, leased, or otherwise subject to harvest by any and all Growers shall be determined in accordance with the decisions of the Courts of the United States in United States v. Washington, Civ. No. 9213 (Western District of Washington). (b) Certain Rights Governed by This Act.--If a tribe falling within the category Other Tribes opts to resolve its claims to take shellfish from covered tidelands owned or leased by the Growers pursuant to section 6(b)(3) of this Act, that tribe's rights shall be governed by this Act, as well as by the decisions of the Courts in United States v. Washington, Civ. No. 9213. (c) No Breach of Trust.--Notwithstanding whether the United States has a duty to initiate such an action, the failure or declination by the United States to initiate any action to enforce any Other Tribe(s) treaty rights to take shellfish from public and private tidelands in Washington State, including from covered tidelands owned, leased, or otherwise subject to harvest by any and all Growers shall not constitute a breach of trust by the United States or be compensable to Other Tribes. SEC. 9. CAUSE OF ACTION. If any payment by the United States is not paid in the amount or manner specified by this Act, or is not paid within 6 months after the date specified by the Settlement Agreement, such failure shall give rise to a cause of action by the Tribes either individually or collectively against the United States for money damages for the amount authorized but not paid to the Tribes, and the Tribes, either individually or collectively, are authorized to bring an action against the United States in the United States Court of Federal Claims for such funds plus interest.

Summary: Puget Sound Regional Shellfish Settlement Act of 2006 - Approves, ratifies, and confirms the Settlement Agreement entered into by and between specified Indian tribes in the region of Puget Sound, Washington, commercial shellfish growers, the state of Washington, and the United States to resolve certain disputes regarding implementation of tribal treaty rights to take shellfish from certain covered tidelands owned, leased or otherwise subject to harvest by the growers. Establishes in the Treasury the Puget Sound Regional Shellfish Settlement Trust Fund and the Puget Sound Regional Shellfish Settlement Special Holding Account. Declares that the Secretary of the Interior shall not be accountable for nor incur any liability for the collection, deposit, management, or nonpayment of a specified state of Washington payment to the tribes pursuant to the Settlement Agreement. Declares that all right of any other tribe, within 20 years after the deposit of funds in the Special Holding Account, to bring an action to enforce or exercise its treaty rights to take shellfish from public and private tidelands in Washington, including from some lands owned, leased, or otherwise subject to harvest by any and all commercial growers, shall be determined in accordance with the decisions of federal courts in United States v. Washington. Provides that if any payment by the United States is not paid in the amount or manner specified by this Act, or is not paid within six months after the date specified by the Settlement Agreement, such failure shall give rise to a cause of action by the tribes against the United States. Authorizes the tribes to bring such an action in the U.S. Court of Federal Claims.