SECTION 1. ENERGY INNOVATION HUBS.

    (a) Authorization of Program.--
            (1) In general.--The Secretary of Energy shall carry out a
        program to enhance the Nation's economic, environmental, and
        energy security by making awards to consortia for establishing
        and operating Energy Innovation Hubs to conduct and support,
        whenever practicable at one centralized location,
        multidisciplinary, collaborative research, development,
        demonstration, and commercial application of advanced energy
        technologies.
            (2) Technology development focus.--The Secretary shall
        designate for each Hub a unique advanced energy technology
        focus.
            (3) Coordination.--The Secretary shall ensure the
        coordination of, and avoid unnecessary duplication of, the
        activities of Hubs with those of other Department of Energy
        research entities, including the National Laboratories, the
        Advanced Research Projects Agency--Energy, Energy Frontier
        Research Centers, and within industry.
    (b) Consortia.--
            (1) Eligibility.--To be eligible to receive an award under
        this section for the establishment and operation of a Hub, a
        consortium shall--
                    (A) be composed of no fewer than 2 qualifying
                entities; and
                    (B) operate subject to an agreement entered into by
                its members that documents--
                            (i) the proposed partnership agreement,
                        including the governance and management
                        structure of the Hub;
                            (ii) measures to enable cost-effective
                        implementation of the program under this
                        section;
                            (iii) a proposed budget, including
                        financial contributions from non-Federal
                        sources;
                            (iv) a plan for managing intellectual
                        property rights; and
                            (v) an accounting structure that enables
                        the Secretary to ensure that the consortium has
                        complied with the requirements of this section.
            (2) Application.--A consortium seeking to establish and
        operate a Hub under this section, acting through a prime
        applicant, shall transmit to the Secretary an application at
        such time, in such form, and accompanied by such information as
        the Secretary shall require, including a detailed description
        of the elements of the consortium agreement required under
        paragraph (1)(B). If the consortium members will not be located
        at one centralized location, such application shall include a
        communications plan that ensures close coordination and
        integration of the Hub's activities.
    (c) Selection and Schedule.--The Secretary shall select consortia
for awards for the establishment and operation of Hubs through
competitive selection processes. In selecting consortia, the Secretary
shall consider the information a consortium must disclose according to
subsection (b), as well as any existing facilities a consortium will
provide for Hub activities. Awards made to a Hub shall be for a period
not to exceed 5 years, after which the award may be renewed, subject to
a rigorous merit review. A Hub already in existence on the date of
enactment of this Act may continue to receive support for a period of 5
years beginning on the date of establishment of that Hub.
    (d) Hub Operations.--
            (1) In general.--Each Hub shall conduct or provide for
        multidisciplinary, collaborative research, development,
        demonstration, and, where appropriate, commercial application
        of advanced energy technologies within the technology
        development focus designated under subsection (a)(2). Each Hub
        shall--
                    (A) encourage collaboration and communication among
                the member qualifying entities of the consortium and
                awardees by conducting activities whenever practicable
                at one centralized location;
                    (B) develop and publish on the Department of
                Energy's website proposed plans and programs;
                    (C) submit an annual report to the Secretary
                summarizing the Hub's activities, including detailing
                organizational expenditures, and describing each
                project undertaken by the Hub; and
                    (D) monitor project implementation and
                coordination.
            (2) Conflicts of interest.--
                    (A) Procedures.--Hubs shall maintain conflict of
                interest procedures, consistent with those of the
                Department of Energy, to ensure that employees and
                consortia designees for Hub activities who are in
                decisionmaking capacities disclose all material
                conflicts of interest and avoid such conflicts.
                    (B) Disqualification and revocation.--The Secretary
                may disqualify an application or revoke funds
                distributed to a Hub if the Secretary discovers a
                failure to comply with conflict of interest procedures
                established under subparagraph (A).
            (3) Prohibition on construction.--
                    (A) In general.--No funds provided pursuant to this
                section may be used for construction of new buildings
                or facilities for Hubs. Construction of new buildings
                or facilities shall not be considered as part of the
                non-Federal share of a Hub cost-sharing agreement.
                    (B) Test bed and renovation exception.--Nothing in
                this subsection shall prohibit the use of funds
                provided pursuant to this section, or non-Federal cost
                share funds, for research or for the construction of a
                test bed or renovations to existing buildings or
                facilities for the purposes of research if the
                Secretary determines that the test bed or renovations
                are limited to a scope and scale necessary for the
                research to be conducted.
    (e) Termination.--Consistent with the existing authorities of the
Department, the Secretary may terminate an underperforming Hub for
cause during the performance period.
    (f) Definitions.--For purposes of this section:
            (1) Advanced energy technology.--The term ``advanced energy
        technology'' means--
                    (A) an innovative technology--
                            (i) that produces energy from solar, wind,
                        geothermal, biomass, tidal, wave, ocean, or
                        other renewable energy resources;
                            (ii) that produces nuclear energy;
                            (iii) for carbon capture and sequestration;
                            (iv) that enables advanced vehicles,
                        vehicle components, and related technologies
                        that result in significant energy savings;
                            (v) that generates, transmits, distributes,
                        utilizes, or stores energy more efficiently
                        than conventional technologies, including
                        through Smart Grid technologies; or
                            (vi) that enhances the energy independence
                        and security of the United States by enabling
                        improved or expanded supply and production of
                        domestic energy resources, including coal, oil,
                        and natural gas;
                    (B) research, development, demonstration, and
                commercial application activities necessary to ensure
                the long-term, secure, and sustainable supply of energy
                critical elements; or
                    (C) another innovative energy technology area
                identified by the Secretary.
            (2) Energy critical element.--The term ``energy critical
        element'' means any of a class of chemical elements that have a
        high risk of a supply disruption and are critical to one or
        more new, energy-related technologies such that a shortage of
        such element would significantly inhibit large-scale deployment
        of technologies that produce, transmit, store, or conserve
        energy.
            (3) Hub.--The term ``Hub'' means an Energy Innovation Hub
        established or operating in accordance with this section,
        including any Energy Innovation Hub existing as of the date of
        enactment of this Act.
            (4) Qualifying entity.--The term ``qualifying entity''
        means--
                    (A) an institution of higher education;
                    (B) an appropriate State or Federal entity,
                including the Department of Energy Federally Funded
                Research and Development Centers;
                    (C) a nongovernmental organization with expertise
                in advanced energy technology research, development,
                demonstration, or commercial application; or
                    (D) any other relevant entity the Secretary
                considers appropriate.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Financial Privacy and National
Security Enhancement Act''.

SEC. 2. ESTABLISHMENT.

    There is hereby established a commission to be known as the
``Presidential Commission on Financial Privacy and National Security''
(hereafter in this Act referred to as the ``Commission'').

SEC. 3. DUTIES OF THE COMMISSION.

    (a) In General.--The Commission shall conduct an ongoing study of
the practices in the financial service industry for protecting the
privacy of consumer financial information, the manner and extent to
which such practices are regulated by financial service regulators, and
ways to improve and strengthen financial information privacy while
preserving effective financial information flow for national security.
    (b) Specific Questions.--In conducting the study, the Commission
shall address and seek comments on the following issues:
            (1) In what manner and to what extent would the existence
        of State financial privacy laws or other restrictions on the
        free flow of financial information impair or hinder the ability
        of the Federal Government to investigate money laundering or
        fraud, including identity theft?
            (2) Is the information already being distributed to the
        consumers concerning the privacy of consumer financial
        information readily understandable and is it a benefit to the
        consumer?
            (3) What is the cost, to a financial institution and
        ultimately to each consumer, of mailing or otherwise
        distributing privacy notices to each consumer in accordance
        with applicable law.
            (4) What financial information privacy concerns are not
        addressed by title V of the Gramm-Leach-Bliley Act and other
        laws and regulations implementing such title?
            (5) To what extent is there a uniform agreement among
        financial regulators on what constitutes financial privacy and
        what processes are utilized to review developments and
        technological changes in the delivery of financial services
        that may affect financial privacy?
            (6) What would be the potential impact on consumers if
        there were a variety of requirements with respect to financial
        privacy in effect under the laws of the several States and how
        would the existence of such a variety of requirements cost the
        financial services industry?

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 11
members :
            (1) The Chairman of the Securities and Exchange Commission,
        or a Commissioner of the Securities and Exchange Commission
        designated by the Chairman.
            (2) The Chairman of the Board of Governors of the Federal
        Reserve System, or a member of such Board designated by the
        Chairman.
            (3) The Secretary of the Treasury, or an officer of the
        Department of the Treasury designated by the Secretary.
            (4) The Attorney General, or an officer of the Department
        of Justice designated by the Attorney General.
            (5) A State insurance commissioner appointed by the
        President after consulting with the National Association of
        Insurance Commissioners.
            (6) The Speaker of the House of Representatives, or a
        designee of the Speaker.
            (7) The minority leader of the House of Representatives, or
        a designee of the minority leader.
            (8) The majority leader of the Senate, or a designee of the
        majority leader.
            (9) The minority leader of the Senate, or a designee of the
        minority leader.
            (10) 2 members appointed by the President from among
        individuals who are especially well qualified to serve by
        virtue of their education, training, and experience in the
        financial services industry.
    (b) Continuation of Membership.--If a member was appointed to the
Commission as a Member of Congress or by virtue of such member's
position in the House of Representatives, the Senate, or a Federal
agency and the member ceases to be a Member of Congress or to serve in
any such position that member may continue as a member for not longer
than the 30-day period beginning on the date that member ceases to be a
Member of Congress or serve in such position.
    (c) Terms.--
            (1) In general.--Each member shall be appointed for the
        life of the Commission.
            (2) Vacancies.--Any member appointed to fill a vacancy
        occurring before the expiration of the term for which the
        member's predecessor was appointed shall be appointed only for
        the remainder of that term. A member may serve after the
        expiration of that member's term until a successor has taken
        office.
    (d) Vacancy.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
    (e) No Pay.--Members shall serve without pay.
    (f) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
    (g) Quorum.--A majority of the members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
    (h) Chairperson.--The Chairperson of the Commission shall be
elected by the members from the membership of the Commission.
    (i) Meetings.--
            (1) In general.--The Commission shall meet at least once
        each calendar quarter at the call of the Chairperson or a
        majority of the members.
            (2) Open meetings required.--Section 552b of title 5,
        United States Code, shall apply.

SEC. 5. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Director.--The Commission may, without regard to section
5311(b) of title 5, United States Code, have a Director who shall be
appointed by the Commission. The Director shall be paid at a rate not
to exceed $140,000 per year.
    (b) Staff.--The Commission may appoint and fix the pay of such
additional personnel as the Commission considers appropriate.
    (c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
an individual so appointed may not receive pay in excess of $140,000
per year.
    (d) Experts and Consultants.--Subject to regulations prescribed by
the Commission, the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
    (e) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.

SEC. 6. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
    (b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall furnish that information to the Commission.
    (d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
    (e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.

SEC. 7. REPORT.

    The Commission shall transmit a final report to the President and
the Congress not later than March 31, 2005. The final report shall
contain a detailed statement of the findings and conclusions of the
Commission, together with its recommendations for such legislative or
administrative actions as the Commission considers appropriate.

SEC. 8. TERMINATION.

    The Commission shall terminate 30 days after submitting its final
report pursuant to section 7.

SEC. 9. MORATORIUM ON STATE FINANCIAL PRIVACY LAWS.

    (a) In General.--During the period beginning on the date of the
enactment of this Act and ending on the date the Commission terminates
under section 8, no requirement or prohibition may be imposed under the
laws of any State, including laws relating to the business of
insurance, concerning the use or disclosure by a financial institution
of information relating to a consumer that has obtained a financial
product or service from the financial institution.
    (b) Exception.--Subsection (a) shall not apply State insurance laws
or regulations referred to in section 505(a)(6) of the Gramm-Leach-
Bliley Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flagship Species Conservation Act of
2004''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) Numerous species of fauna have continued to decline to
        the point that the long-term survival of those species in the
        wild is in serious jeopardy.
            (2) Many of those species are listed under section 4 of the
        Endangered Species Act of 1973 (16 U.S.C. 1533) or in Appendix
        I or II of the Convention on International Trade in Endangered
        Species of Wild Fauna and Flora.
            (3) There are insufficient resources available for
        addressing the threats facing those species, which will require
        the joint commitment and effort of countries within the range
        of those species, the United States and other countries, and
        the private sector.
            (4) The grant programs established by the Congress for
        tigers, rhinoceroses, Asian elephants, African elephants, great
        apes, neotropical migratory birds, and marine turtles have
        proven to be extremely successful, provide Federal funds for
        conservation projects in an efficient and expeditious manner,
        and encourage additional support for conservation in countries
        where those species exist in the wild.
            (5) A new grant program modeled on the existing programs
        for tigers, rhinoceroses, elephants, great apes, neotropical
        migratory birds, and marine turtles would provide an effective
        means to assist in the conservation of flagship species for
        which there are no existing grant programs.
    (b) Purpose.--The purpose of this Act is to conserve flagship
species of fauna throughout the world, and the ecosystems on which
those species depend, by supporting the conservation programs for those
species and the CITES Secretariat, promoting partnerships between the
public and private sectors, and providing financial resources for those
programs and partnerships.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Account.--The term ``Fund'' means the Flagship Species
        Conservation Fund established by section 5.
            (2) CITES.--The term ``CITES'' means the Convention on
        International Trade in Endangered Species of Wild Fauna and
        Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS
        8249), including its appendices and amendments.
            (3) Conservation.--The term ``conservation'' means the use
        of methods and procedures necessary to bring a flagship species
        to the point at which there are sufficient populations in the
        wild to ensure that the species does not become extinct,
        including--
                    (A) protection and management of populations of a
                flagship species;
                    (B) maintenance, management, protection, and
                restoration of habitat of a flagship species;
                    (C) research and monitoring;
                    (D) law enforcement; and
                    (E) community outreach and education.
            (4) Fish or wildlife.--The term ``fish or wildlife'' means
        any mammal, fish, bird, or reptile.
            (5) Flagship species.--The term ``flagship species''--
                    (A) subject to subparagraph (B), means a species of
                fish or wildlife--
                            (i) that is listed as an endangered species
                        or threatened species under section 4 of the
                        Endangered Species Act of 1973 (16 U.S.C. 1533)
                        or that is listed in Appendix I or II of CITES;
                            (ii) whose range is wholly outside of the
                        United States; and
                            (iii) that appeals to the public and has
                        other features that make it suitable for
                        communicating conservation concerns; and
                    (B) does not include African elephants, Asian
                elephants, rhinoceros, tigers, great apes, neotropical
                migratory birds, and marine turtles.
            (6) Multinational species conservation fund.--The term
        ``Multinational Species Conservation Fund'' means the fund
        established under the heading ``multinational species
        conservation fund'' in title I of the Department of the
        Interior and Related Agencies Appropriations Act, 1999 (16
        U.S.C. 4246).
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 4. FLAGSHIP SPECIES CONSERVATION ASSISTANCE.

    (a) In General.--Subject to the availability of funds, the
Secretary shall use amounts in the Fund to provide financial assistance
for projects for the conservation of that flagship species throughout
the world, for which project proposals are approved by the Secretary in
accordance with this section.
    (b) Project Proposals.--
            (1) Eligible applicants.--A proposal for a project for the
        conservation of a flagship species may be submitted to the
        Secretary by--
                    (A) any relevant wildlife management authority of a
                country that has within its boundaries any part of the
                range of a flagship species, if the agency has
                authority over fish or wildlife and the activities of
                the agency directly or indirectly affect the species;
                    (B) the CITES Secretariat; or
                    (C) any person with demonstrated expertise in the
                conservation of that flagship species.
            (2) Required information.--A project proposal shall
        include--
                    (A) the name of the individual with primary
                responsibility for conducting the project;
                    (B) a succinct statement of--
                            (i) the purposes of the project and the
                        methodology for implementing the project,
                        including an assessment of the status of the
                        flagship species that is the subject of the
                        project; and
                            (ii) how the project will benefit that
                        species and other species that reside within
                        the same habitat;
                    (C) a description of the qualifications of the
                individuals who will conduct the project;
                    (D) an estimate of the funds and time required to
                complete the project;
                    (E) evidence of support for the project by
                appropriate governmental entities of countries in which
                the project will be conducted, if the Secretary
                determines that such support is required for the
                success of the project;
                    (F) information regarding the source and amount of
                matching funds available for the project; and
                    (G) any other information that the Secretary
                considers to be necessary for evaluating the
                eligibility of the project for funding under this Act.
    (c) Project Review and Approval.--
            (1) In general.--The Secretary shall--
                    (A) not later than 30 days after receiving a
                project proposal, provide a copy of the proposal to
                other Federal officials, as appropriate; and
                    (B) review each project proposal in a timely manner
                to determine whether the proposal meets the criteria
                specified in subsection (d).
            (2) Consultation; approval or disapproval.--Not later than
        180 days after receiving a project proposal, and subject to the
        availability of funds, the Secretary, after consulting with
        other Federal officials, as appropriate, shall--
                    (A) consult on the proposal with the government of
                each country in which the project is to be conducted;
                    (B) after taking into consideration any comments
                resulting from the consultation, approve or disapprove
                the project proposal; and
                    (C) provide written notification of the approval or
                disapproval to the person that submitted the project
                proposal, other Federal officials, and each country
                described in subparagraph (A).
    (d) Criteria for Approval.--The Secretary may approve a project
proposal under this section if the project will help recover and
sustain viable populations of flagship species in the wild by assisting
efforts in foreign countries to implement flagship species conservation
programs.
    (e) Project Sustainability.--To the maximum extent practicable, in
determining whether to approve project proposals under this section,
the Secretary shall give preference to conservation projects that are
designed to ensure effective, long-term conservation of flagship
species and their nesting habitats.
    (f) Matching Funds.--In determining whether to approve project
proposals under this section, the Secretary shall give preference to
projects for which matching funds are available.
    (g) Project Reporting.--
            (1) In general.--Each person that receives assistance under
        this section for a project shall submit to the Secretary
        periodic reports (at such intervals as the Secretary may
        require) that include all information that the Secretary, after
        consultation with other government officials, determines is
        necessary to evaluate the progress and success of the project
        for the purposes of ensuring positive results, assessing
        problems, and fostering improvements.
            (2) Availability to the public.--Reports under paragraph
        (1), and any other documents relating to projects for which
        financial assistance is provided under this Act, shall be made
        available to the public.

SEC. 5. FLAGSHIP SPECIES CONSERVATION FUND.

    (a) Establishment.--There is established in the Multinational
Species Conservation Fund a separate account to be known as the
``Flagship Species Conservation Fund'', consisting of--
            (1) amounts transferred to the Secretary of the Treasury
        for deposit into the Fund under subsection (e);
            (2) amounts appropriated to the Fund under section 6; and
            (3) any interest earned on investment of amounts in the
        Fund under subsection (c).
    (b) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), on request by
        the Secretary, the Secretary of the Treasury shall transfer
        from the Fund to the Secretary, without further appropriation,
        such amounts as the Secretary determines are necessary to carry
        out section 4.
            (2) Administrative expenses.--Of the amounts in the account
        available for each fiscal year, the Secretary may expend not
        more than 3 percent, or up to $80,000, whichever is greater, to
        pay the administrative expenses necessary to carry out this
        Act.
    (c) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest
        such portion of the Fund as is not, in the judgment of the
        Secretary of the Treasury, required to meet current
        withdrawals. Investments may be made only in interest-bearing
        obligations of the United States.
            (2) Acquisition of obligations.--For the purpose of
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at the
                market price.
            (3) Sale of obligations.--Any obligation acquired by the
        Fund may be sold by the Secretary of the Treasury at the market
        price.
            (4) Credits to fund.--The interest on, and the proceeds
        from the sale or redemption of, any obligations held in the
        Fund shall be credited to and form a part of the Fund.
    (d) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to
        the Fund under this section shall be transferred at least
        monthly from the general fund of the Treasury to the Fund on
        the basis of estimates made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in
        amounts subsequently transferred to the extent prior estimates
        were in excess of or less than the amounts required to be
        transferred.
    (e) Acceptance and Use of Donations.--The Secretary may accept and
use donations to provide assistance under section 4. Amounts received
by the Secretary in the form of donations shall be transferred to the
Secretary of the Treasury for deposit in the Fund.

SEC. 6. ADVISORY GROUP.

    (a) In General.--To assist in carrying out this Act, the Secretary
may convene an advisory group consisting of individuals representing
public and private organizations actively involved in the conservation
of flagship species.
    (b) Public Participation.--
            (1) Meetings.--The Advisory Group shall--
                    (A) ensure that each meeting of the advisory group
                is open to the public; and
                    (B) provide, at each meeting, an opportunity for
                interested persons to present oral or written
                statements concerning items on the agenda.
            (2) Notice.--The Secretary shall provide to the public
        timely notice of each meeting of the advisory group.
            (3) Minutes.--Minutes of each meeting of the advisory group
        shall be kept by the Secretary and shall be made available to
        the public.
    (c) Exemption From Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory
group.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Fund $10,000,000 for
each of fiscal years 2005 through 2007.

SEC. 8. REPORT TO CONGRESS.

    Not later than October 1, 2005, the Secretary shall submit to the
Congress a report on the results and effectiveness of the program
carried out under this Act, including--
            (1) recommendations concerning how this Act might be
        improved, including guidelines for determining species that are
        flagship species; and
            (2) recommendations concerning whether the Fund should be
        continued in the future.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flexible Family Leave Tax Credit Act
of 1993''.

                      TITLE I--FAMILY LEAVE CREDIT

SEC. 101. CREDIT CREATED.

    Subpart D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 (relating to business related credits) is amended
by adding at the end the following new section:

``SEC. 45A. FAMILY LEAVE CREDIT.

    ``(a) Amount of Credit.--
            ``(1) In general.--For purposes of section 38, the amount
        of the family leave credit for any employer for any taxable
        year is 20 percent of the qualified compensation with respect
        to an employee who is on family leave.
            ``(2) Limitations on availability and amount of credit.--
                    ``(A) Fewer than 500 employees.--An employer is not
                entitled to a family leave credit for any taxable year
                unless--
                            ``(i) in the case of an employer that is in
                        its first taxable year, the employer had fewer
                        than 500 employees at the close of that year,
                        and
                            ``(ii) in the case of other employers, the
                        employer averaged fewer than 500 employees for
                        its preceding taxable year.
                An employer is considered to average fewer than 500
                employees for a taxable year if the sum of its
                employees on the last day of each quarter in that year
                divided by the number of quarters is fewer than 500.
                    ``(B) Dollar cap on qualified compensation.--The
                amount of qualified compensation that may be taken into
                account with respect to an employee may not exceed $100
                per business day.
                    ``(C) Maximum period of family leave.--No family
                leave credit will be available to the extent that the
                period of family leave for an employee exceeds 12
                weeks, defined as 60 business days, in any 12-month
                period.
                    ``(D) Additional limitation on leave for personal
                serious health conditions.--Leave from an employer in
                connection with a qualified purpose described in
                subsection (b)(2)(D) will qualify as family leave only
                if the employee on leave has no unused sick, disability
                or similar leave.
    ``(b) Family Leave.--For purposes of this section--
            ``(1) In general.--Except as otherwise provided in this
        section, an employee is considered to be on `family leave' if
        the employee is on leave from the employer in connection with
        any qualified purpose.
            ``(2) Qualified purposes.--The term `qualified purposes'
        means--
                    ``(A) the birth of a child,
                    ``(B) the placement of a child with the employee
                for adoption or foster care,
                    ``(C) the care of a child, parent or spouse with a
                serious health condition, or
                    ``(D) the treatment of a serious health condition
                which makes the employee unable to perform the
                functions of his or her position.
            ``(3) Definitions of child, parent and serious health
        condition.--
                    ``(A) Child.--The term `child' means an individual
                who is a son, stepson, daughter, stepdaughter, eligible
                foster child as described in sections 32(c)(3)(B)(iii)
                (I) and (II), or legal ward of the employee or
                employee's spouse, or a child of a person standing in
                loco parentis and who either has not reached the age of
                19 by the commencement of the period of family leave or
                is physically or mentally incapable of caring for
                himself or herself.
                    ``(B) Parent.--The term `parent' means an
                individual with respect to whom the employee would be
                considered a `child' within the meaning of subsection
                (b)(2)(A) without regard to the age limitation.
                    ``(C) Serious health condition.--The term `serious
                health condition' means an illness, injury, impairment,
                or physical or mental condition that involves the
                inpatient care in a hospital, hospice or residential
                health care facility, or substantial and continuing
                treatment by a health care provider.
    ``(c) Credit Refundable.--In the case of so much of the section 38
credit as is attributable to the family leave credit--
            ``(1) section 38(c) will not apply, and
            ``(2) for purposes of this section, such credit will be
        treated as if it were allowed under section 103 of the Flexible
        Family Leave Tax Credit Act of 1993.
    ``(d) Nondiscrimination Requirement.--The family leave credit is
available to an employer for a taxable year only if the employer
provides family leave to its employees for that year on a
nondiscriminatory basis.
    ``(e) Other Definitions and Special Rules.--
            ``(1) In general.--For purposes of this section--
                    ``(A) Employer.--Except as otherwise provided in
                this subpart, the term `employer' has the meaning
                provided by section 3306(a)(1) and (3).
                    ``(B) Employee.--The term `employee' includes only
                permanent employees who have been employed by the
                employer for at least 12 months and have provided over
                1000 hours of service to the employer during the 12
                months preceding commencement of the family leave.
                    ``(C) Qualified compensation.--The term `qualified
                compensation' means the greater of--
                            ``(i) cash wages paid or incurred by the
                        employer to or on behalf of the employee as
                        remuneration for services during the period of
                        family leave, and
                            ``(ii) cash wages that would have been paid
                        or incurred by the employer to or on behalf of
                        the employee as remuneration for services
                        during the period of family leave had the
                        employee not taken the leave.
                    ``(D) Computation.--For purposes of subsection
                (e)(1)(C)(ii), the amount of cash wages that would have
                been paid to the employee for any business day the
                employee is on family leave is the average daily cash
                wages of that employee for the four calendar quarters
                preceding the commencement of the family leave.
                    ``(E) Average daily cash wages.--For purposes of
                the computation described in subsection (e)(1)(D), an
                employee's average daily cash wages is his or her total
                cash wages for the period described in such subsection
                divided by the number of business days in that period.
                    ``(F) Business day.--The term `business day'
                includes any day other than a Saturday, Sunday or legal
                holiday.
            ``(2) Employment and benefits protection.--
                    ``(A) In general.--Leave taken under this section
                shall qualify an employer for a family leave credit
                only if--
                            ``(i) upon return from such leave, the
                        employee is entitled to be restored by the
                        employer to the position of employment held by
                        the employee when the leave commenced, or to be
                        restored to an equivalent position with
                        equivalent employment benefits, pay, and other
                        terms and conditions of employment;
                            ``(ii) the taking of such leave does not
                        result in the loss of any employment benefit
                        accrued prior to the date on which the leave
                        commenced; and
                            ``(iii) the employer maintains coverage
                        under any `group health plan' (as defined in
                        section 5000(b)(1)) for the duration of such
                        leave, at the level and under the conditions
                        coverage would have been provided if the
                        employee had continued in employment
                        continuously during the leave period.
                    ``(B) Limitation.--Nothing in this paragraph shall
                be construed to require an employer, as a condition of
                qualifying for a family leave credit, to entitle any
                employee taking leave to--
                            ``(i) the accrual of any seniority or
                        employment benefits during any period of leave;
                        or
                            ``(ii) any right, benefit, or position of
                        employment other than any right, benefit, or
                        position to which the employee would have been
                        entitled had the employee not taken the leave.
            ``(3) Expectation that employee will return to work.--No
        family leave credit will be available for any portion of a
        period of family leave during which the employer does not
        reasonably believe that the employee will return from leave to
        work for the employer.
            ``(4) Special rules.--Rules similar to the rules of section
        52 shall apply for purposes of this section.
            ``(5) Regulatory authority.--The Secretary may prescribe
        such regulations or other guidance as may be necessary or
        appropriate to carry out the purposes of this section,
        including guidance relating to ensuring adequate employment and
        benefits protection and guidance to prevent abuse of this
        section.''.

SEC. 102. COORDINATION WITH REFUND PROVISION.

    For purposes of section 1324(b)(2) of title 31 of the United States
Code, section 45A of the Internal Revenue Code of 1986 (as added by
this Act) will be considered to be a credit provision of the Internal
Revenue Code of 1954 enacted before January 1, 1978.

SEC. 103. CONFORMING AMENDMENTS.

    (a) Section 38 is amended by deleting the ``plus'' after subsection
(b)(7) and ``.'' after subsection (b)(8), by inserting ``, plus'' after
subsection (b)(8), and by adding a new subsection (b)(9) to read as
follows:
            ``(9) the family leave credit under section 45A.''
    (b) The table of sections for subpart D of part IV of subchapter A
of chapter 1 is amended by adding at the end the following new item:

``Sec. 45A. Family leave credit.''

SEC. 104. EFFECTIVE DATE.

    The amendments made by this title shall apply to family leave that
commences 90 days after the date of the enactment of this Act.

                TITLE II--DEFICIT NEUTRAL REVENUE OFFSET

SEC. 201. CORPORATE ESTIMATED TAX PROVISIONS.

    (a) Increase in Estimated Tax.--
            (1) In general.--Subsection (d) of section 6655 of the
        Internal Revenue Code of 1986 (relating to amount of required
        installments) is amended--
                    (A) by striking ``91 percent'' each place it
                appears in paragraph (1)(B)(i) and inserting ``100
                percent'',
                    (B) by striking ``91 percent'' in the heading of
                paragraph (2) and inserting ``100 percent'', and
                    (C) by striking paragraph (3).
            (2) Conforming amendments.--
                    (A) Clause (ii) of section 6655(e)(2)(B) of such
                Code is amended by striking the table contained therein
                and inserting the following new table:

                                                                    The
                    ``In the case of the following
                                                             applicable
                      required installments:
                                                         percentage is:
                            1st......................               254
                            2nd......................               504
                            3rd......................               754
                            4th......................            100.''

                    (B) Clause (i) of section 6655(e)(3)(A) of such
                Code is amended by striking ``91 percent'' and
                inserting ``100 percent''.
    (b) Modification of Periods for Applying Annualization.--
            (1) Clause (i) of section 6655(e)(2)(A) of such Code is
        amended--
                    (A) by striking ``or for the first 5 months'' in
                subclause (II),
                    (B) by striking ``or for the first 8 months'' in
                subclause (III), and
                    (C) by striking ``or for the first 11 months'' in
                subclause (IV).
            (2) Paragraph (2) of section 6655(e) of such Code is
        amended by adding at the end thereof the following new
        subparagraph:
                    ``(C) Election for different annualization
                periods.--
                            ``(i) If the taxpayer makes an election
                        under this clause--
                                    ``(I) subclause (II) of
                                subparagraph (A)(i) shall be applied by
                                substituting `4 months' for `3 months',
                                    ``(II) subclause (III) of
                                subparagraph (A)(i) shall be applied by
                                substituting `7 months' for `6 months',
                                and
                                    ``(III) subclause (IV) of
                                subparagraph (A)(i) shall be applied by
                                substituting `10 months' for `9
                                months'.
                            ``(ii) If the taxpayer makes an election
                        under this clause--
                                    ``(I) subclause (II) of
                                subparagraph (A)(i) shall be applied by
                                substituting `5 months' for `3 months',
                                    ``(II) subclause (III) of
                                subparagraph (A)(i) shall be applied by
                                substituting `8 months' for `6 months',
                                and
                                    ``(III) subclause (IV) of
                                subparagraph (A)(i) shall be applied by
                                substituting `11 months' for `9
                                months'.
                            ``(iii) An election under clause (i) or
                        (ii) shall apply to the taxable year for which
                        made and such an election shall be effective
                        only if made on or before the date required for
                        the payment of the second required installment
                        for such taxable year.''
            (3) The last sentence of section 6655(g)(3) of such Code is
        amended by striking ``and subsection (e)(2)(A)'' and inserting
        ``and, except in the case of an election under subsection
        (e)(2)(C), subsection (e)(2)(A)''.
    (c) Effective Date.--The amendments made by this section shall
apply to any installment due date occurring more than 90 days after the
date of enactment of this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flight 93 National Memorial Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) on September 11, 2001, passengers and crewmembers of
        United Airlines Flight 93 courageously gave their lives to
        prevent a planned attack on the Capital of the United States;
            (2) thousands of people have visited the crash site since
        September 11, 2001, drawn by the heroic action and sacrifice of
        the passengers and crewmembers aboard Flight 93;
            (3) many people in the United States are concerned about
        the future disposition of the crash site, including--
                    (A) grieving families of the passengers and
                crewmembers;
                    (B) the people of the region where the crash site
                is located; and
                    (C) citizens throughout the United States;
            (4) many of those people are involved in the formation of
        the Flight 93 Task Force, a broad, inclusive organization
        established to provide a voice for all parties interested in
        and concerned about the crash site;
            (5) the crash site commemorates Flight 93 and is a profound
        symbol of American patriotism and spontaneous leadership by
        citizens of the United States;
            (6) a memorial of the crash site should--
                    (A) recognize the victims of the crash in an
                appropriate manner; and
                    (B) address the interests and concerns of
                interested parties; and
            (7) it is appropriate that the crash site of Flight 93 be
        designated as a unit of the National Park System.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish a memorial to honor the passengers and
        crewmembers aboard United Airlines Flight 93 on September 11,
        2001;
            (2) to establish the Flight 93 Advisory Commission to
        assist in the formulation of plans for the memorial, including
        the nature, design, and construction of the memorial; and
            (3) to authorize the Secretary of the Interior to
        administer the memorial, coordinate and facilitate the
        activities of the Flight 93 Advisory Commission, and provide
        technical and financial assistance to the Flight 93 Task Force.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Flight
        93 Advisory Commission established by section (4)(b).
            (2) Crash site.--The term ``crash site'' means the site in
        Stonycreek Township, Somerset County, Pennsylvania, where
        United Airlines Flight 93 crashed on September 11, 2001.
            (3) Memorial.--The term ``Memorial'' means the memorial to
        the passengers and crewmembers of United Airlines Flight 93
        established by section 4(a).
            (4) Passenger or crewmember.--
                    (A) In general.--The term ``passenger or
                crewmember'' means a passenger or crewmember aboard
                United Airlines Flight 93 on September 11, 2001.
                    (B) Exclusions.--The term ``passenger or
                crewmember'' does not include a terrorist aboard United
                Airlines Flight 93 on September 11, 2001.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (6) Task Force.--The term ``Task Force'' means the Flight
        93 Task Force.

SEC. 4. MEMORIAL TO HONOR THE PASSENGERS AND CREWMEMBERS OF FLIGHT 93.

    (a) Establishment.--There is established as a unit of the National
Park System a memorial at the crash site to honor the passengers and
crewmembers of Flight 93.
    (b) Advisory Commission.--
            (1) Establishment.--There is established a commission to be
        known as the ``Flight 93 Advisory Commission''.
            (2) Membership.--The Commission shall be composed of--
                    (A) the Director of the National Park Service; and
                    (B) 14 members, appointed by the Secretary, from
                among persons recommended by the Task Force.
            (3) Term; vacancies.--
                    (A) Term.--A member of the Commission shall be
                appointed for the life of the Commission.
                    (B) Vacancies.--A vacancy on the Commission--
                            (i) shall not affect the powers of the
                        Commission; and
                            (ii) shall be filled in the same manner as
                        the original appointment was made.
            (4) Meetings.--
                    (A) In general.--The Commission shall meet at the
                call of the Chairperson or a majority of the members.
                    (B) Frequency.--The Commission shall meet not less
                than quarterly.
                    (C) Notice.--Notice of meetings and the agenda for
                the meetings shall be published in--
                            (i) newspapers in and around Somerset
                        County, Pennsylvania; and
                            (ii) the Federal Register.
                    (D) Open meetings.--Meetings of the Commission
                shall be subject to section 552b of title 5, United
                States Code.
            (5) Quorum.--A majority of the members of the Commission
        shall constitute a quorum.
            (6) Chairperson.--The Commission shall select a Chairperson
        from among the members of the Commission.
            (7) Duties.--The Commission shall--
                    (A) not later than 3 years after the date of
                enactment of this Act, submit to the Secretary and
                Congress a report that contains recommendations for the
                planning, design, construction, and long-term
                management of the memorial;
                    (B) advise the Secretary on--
                            (i) the boundaries of the memorial; and
                            (ii) the development of a management plan
                        for the memorial;
                    (C) consult with the Task Force, the State of
                Pennsylvania, and other interested parties, as
                appropriate;
                    (D) support the efforts of the Task Force; and
                    (E) involve the public in the planning and design
                of the memorial.
            (8) Powers.--The Commission may--
                    (A) make expenditures for services and materials
                appropriate to carry out the purposes of this section;
                    (B) accept donations for use in carrying out this
                section and for other expenses associated with the
                memorial, including the construction of the memorial;
                    (C) hold hearings and enter into contracts,
                including contracts for personal services;
                    (D) by a vote of the majority of the Commission,
                delegate any duties that the Commission determines to
                be appropriate to employees of the National Park
                Service; and
                    (E) conduct any other activities necessary to carry
                out this Act.
            (9) Compensation.--A member of the Commission shall serve
        without compensation, but may be reimbursed for expenses
        incurred in carrying out the duties of the Commission.
            (10) Termination.--The Commission shall terminate on the
        dedication of the memorial.
    (c) Duties of the Secretary.--The Secretary shall--
            (1) administer the memorial as a unit of the National Park
        Service in accordance with--
                    (A) this Act; and
                    (B) the laws generally applicable to units of the
                National Park System;
            (2) provide advice to the Commission on the collection,
        storage, and archiving of information and materials relating to
        the crash or the crash site;
            (3) consult with and assist the Commission in--
                    (A) providing information to the public;
                    (B) interpreting any information relating to the
                crash or the crash site;
                    (C) conducting oral history interviews; and
                    (D) conducting public meetings and forums;
            (4) participate in the development of plans for the design
        and construction of the memorial;
            (5) provide to the Commission--
                    (A) assistance in designing and managing exhibits,
                collections, or activities at the memorial;
                    (B) project management assistance for design and
                construction activities; and
                    (C) staff and other forms of administrative
                support;
            (6) acquire from willing sellers the land or interests in
        land for the memorial by donation, purchase with donated or
        appropriated funds, or exchange; and
            (7) provide the Commission any other assistance that the
        Commission may require to carry out this Act.

            Passed the Senate September 10, 2002.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                                S. 2136

_______________________________________________________________________

                                 AN ACT

   To establish a memorial in the State of Pennsylvania to honor the
  passengers and crewmembers of Flight 93 who, on September 11, 2001,
  gave their lives to prevent a planned attack on the Capital of the
                             United States.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Allergy and Anaphylaxis
Management Act of 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Early childhood education program.--The term ``early
        childhood education program'' means--
                    (A) a Head Start program or an Early Head Start
                program carried out under the Head Start Act (42 U.S.C.
                9831 et seq.);
                    (B) a State licensed or regulated child care
                program or school; or
                    (C) a State prekindergarten program that serves
                children from birth through kindergarten.
            (2) ESEA definitions.--The terms ``local educational
        agency'', ``secondary school'', ``elementary school'', and
        ``parent'' have the meanings given the terms in section 9101 of
        the Elementary and Secondary Education Act of 1965 (20 U.S.C.
        7801).
            (3) School.--The term ``school'' includes public--
                    (A) kindergartens;
                    (B) elementary schools; and
                    (C) secondary schools.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.

SEC. 3. ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY AND ANAPHYLAXIS
              MANAGEMENT GUIDELINES.

    (a) Establishment.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary, in consultation with the
        Secretary of Education, shall--
                    (A) develop guidelines to be used on a voluntary
                basis to develop plans for individuals to manage the
                risk of food allergy and anaphylaxis in schools and
                early childhood education programs; and
                    (B) make such guidelines available to local
                educational agencies, schools, early childhood
                education programs, and other interested entities and
                individuals to be implemented on a voluntary basis
                only.
            (2) Applicability of ferpa.--Each plan described in
        paragraph (1) that is developed for an individual shall be
        considered an education record for the purpose of the Family
        Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g).
    (b) Contents.--The voluntary guidelines developed by the Secretary
under subsection (a) shall address each of the following, and may be
updated as the Secretary determines necessary:
            (1) Parental obligation to provide the school or early
        childhood education program, prior to the start of every school
        year, with--
                    (A) documentation from their child's physician or
                nurse--
                            (i) supporting a diagnosis of food allergy,
                        and any risk of anaphylaxis, if applicable;
                            (ii) identifying any food to which the
                        child is allergic;
                            (iii) describing, if appropriate, any prior
                        history of anaphylaxis;
                            (iv) listing any medication prescribed for
                        the child for the treatment of anaphylaxis;
                            (v) detailing emergency treatment
                        procedures in the event of a reaction;
                            (vi) listing the signs and symptoms of a
                        reaction; and
                            (vii) assessing the child's readiness for
                        self-administration of prescription medication;
                        and
                    (B) a list of substitute meals that may be offered
                to the child by school or early childhood education
                program food service personnel.
            (2) The creation and maintenance of an individual plan for
        food allergy management, in consultation with the parent,
        tailored to the needs of each child with a documented risk for
        anaphylaxis, including any procedures for the self-
        administration of medication by such children in instances
        where--
                    (A) the children are capable of self-administering
                medication; and
                    (B) such administration is not prohibited by State
                law.
            (3) Communication strategies between individual schools or
        early childhood education programs and providers of emergency
        medical services, including appropriate instructions for
        emergency medical response.
            (4) Strategies to reduce the risk of exposure to
        anaphylactic causative agents in classrooms and common school
        or early childhood education program areas such as cafeterias.
            (5) The dissemination of general information on life-
        threatening food allergies to school or early childhood
        education program staff, parents, and children.
            (6) Food allergy management training of school or early
        childhood education program personnel who regularly come into
        contact with children with life-threatening food allergies.
            (7) The authorization and training of school or early
        childhood education program personnel to administer epinephrine
        when the nurse is not immediately available.
            (8) The timely accessibility of epinephrine by school or
        early childhood education program personnel when the nurse is
        not immediately available.
            (9) The creation of a plan contained in each individual
        plan for food allergy management that addresses the appropriate
        response to an incident of anaphylaxis of a child while such
        child is engaged in extracurricular programs of a school or
        early childhood education program, such as non-academic outings
        and field trips, before- and after-school programs or before-
        and after-early child education program programs, and school-
        sponsored or early childhood education program-sponsored
        programs held on weekends.
            (10) Maintenance of information for each administration of
        epinephrine to a child at risk for anaphylaxis and prompt
        notification to parents.
            (11) Other elements the Secretary determines necessary for
        the management of food allergies and anaphylaxis in schools and
        early childhood education programs.
    (c) Relation to State Law.--Nothing in this Act or the guidelines
developed by the Secretary under subsection (a) shall be construed to
preempt State law, including any State law regarding whether students
at risk for anaphylaxis may self-administer medication.

SEC. 4. SCHOOL-BASED FOOD ALLERGY MANAGEMENT GRANTS.

    (a) In General.--The Secretary may award grants to local
educational agencies to assist such agencies with implementing
voluntary food allergy and anaphylaxis management guidelines described
in section 3.
    (b) Application.--
            (1) In general.--To be eligible to receive a grant under
        this section, a local educational agency shall submit an
        application to the Secretary at such time, in such manner, and
        including such information as the Secretary may reasonably
        require.
            (2) Contents.--Each application submitted under paragraph
        (1) shall include--
                    (A) an assurance that the local educational agency
                has developed plans in accordance with the food allergy
                and anaphylaxis management guidelines described in
                section 3;
                    (B) a description of the activities to be funded by
                the grant in carrying out the food allergy and
                anaphylaxis management guidelines, including--
                            (i) how the guidelines will be carried out
                        at individual schools served by the local
                        educational agency;
                            (ii) how the local educational agency will
                        inform parents and students of the guidelines
                        in place;
                            (iii) how school nurses, teachers,
                        administrators, and other school-based staff
                        will be made aware of, and given training on,
                        when applicable, the guidelines in place; and
                            (iv) any other activities that the
                        Secretary determines appropriate;
                    (C) an itemization of how grant funds received
                under this section will be expended;
                    (D) a description of how adoption of the guidelines
                and implementation of grant activities will be
                monitored; and
                    (E) an agreement by the local educational agency to
                report information required by the Secretary to conduct
                evaluations under this section.
    (c) Use of Funds.--Each local educational agency that receives a
grant under this section may use the grant funds for the following:
            (1) Purchase of materials and supplies, including limited
        medical supplies such as epinephrine and disposable wet wipes,
        to support carrying out the food allergy and anaphylaxis
        management guidelines described in section 3.
            (2) In partnership with local health departments, school
        nurse, teacher, and personnel training for food allergy
        management.
            (3) Programs that educate students as to the presence of,
        and policies and procedures in place related to, food allergies
        and anaphylactic shock.
            (4) Outreach to parents.
            (5) Any other activities consistent with the guidelines
        described in section 3.
    (d) Duration of Awards.--The Secretary may award grants under this
section for a period of not more than 2 years. In the event the
Secretary conducts a program evaluation under this section, funding in
the second year of the grant, where applicable, shall be contingent on
a successful program evaluation by the Secretary after the first year.
    (e) Limitation on Grant Funding.--The Secretary may not provide
grant funding to a local educational agency under this section after
such local educational agency has received 2 years of grant funding
under this section.
    (f) Maximum Amount of Annual Awards.--A grant awarded under this
section may not be made in an amount that is more than $50,000
annually.
    (g) Priority.--In awarding grants under this section, the Secretary
shall give priority to local educational agencies with the highest
percentages of children who are counted under section 1124(c) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).
    (h) Matching Funds.--
            (1) In general.--The Secretary may not award a grant under
        this section unless the local educational agency agrees that,
        with respect to the costs to be incurred by such local
        educational agency in carrying out the grant activities, the
        local educational agency shall make available (directly or
        through donations from public or private entities) non-Federal
        funds toward such costs in an amount equal to not less than 25
        percent of the amount of the grant.
            (2) Determination of amount of non-federal contribution.--
        Non-Federal funds required under paragraph (1) may be cash or
        in-kind, including plant, equipment, or services. Amounts
        provided by the Federal Government, and any portion of any
        service subsidized by the Federal Government, may not be
        included in determining the amount of such non-Federal funds.
    (i) Administrative Funds.--A local educational agency that receives
a grant under this section may use not more than 2 percent of the grant
amount for administrative costs related to carrying out this section.
    (j) Progress and Evaluations.--At the completion of the grant
period referred to in subsection (d), a local educational agency shall
provide the Secretary with information on how grant funds were spent
and the status of implementation of the food allergy and anaphylaxis
management guidelines described in section 3.
    (k) Supplement, Not Supplant.--Grant funds received under this
section shall be used to supplement, and not supplant, non-Federal
funds and any other Federal funds available to carry out the activities
described in this section.
    (l) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for fiscal year 2010
and such sums as may be necessary for each of the 4 succeeding fiscal
years.

SEC. 5. VOLUNTARY NATURE OF GUIDELINES.

    (a) In General.--The food allergy and anaphylaxis management
guidelines developed by the Secretary under section 3 are voluntary.
Nothing in this Act or the guidelines developed by the Secretary under
section 3 shall be construed to require a local educational agency to
implement such guidelines.
    (b) Exception.--Notwithstanding subsection (a), the Secretary may
enforce an agreement by a local educational agency to implement food
allergy and anaphylaxis management guidelines as a condition of the
receipt of a grant under section 4.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Investment Transparency and
Security Act of 2006''.

SEC. 2. LIMITS ON FOREIGN CONTROL OF INVESTMENTS IN CERTAIN UNITED
              STATES CRITICAL INFRASTRUCTURE.

    (a) In General.--Title II of the Homeland Security Act of 2002 (6
U.S.C. 201 et seq.) is amended by adding at the end the following:

   ``Subtitle E--Limits on Foreign Control of Investments in Certain
                 United States Critical Infrastructure

``SEC. 241. DEFINITIONS.

    ``As used in this subtitle--
            ``(1) the term `foreign government controlled entity' means
        any entity in which a foreign government owns a majority
        interest, or otherwise controls or manages the entity; and
            ``(2) the term `general business corporation' means any
        entity that qualifies for treatment for Federal taxation
        purposes under subchapter C or subchapter S of the Internal
        Revenue Code of 1986, established or organized under the laws
        of any State.

``SEC. 242. LIMITATION ON FOREIGN INVESTMENTS.

    ``(a) In General.--A foreign government controlled entity may
acquire, own, or otherwise control or manage any critical
infrastructure of the United States only through the establishment or
operation of a foreign owned general business corporation that meets
the requirements of subsection (b).
    ``(b) Requirements.--For purposes of this section, a general
business corporation shall--
            ``(1) have a board of directors, the majority of which is
        comprised of United States citizens;
            ``(2) have a chief security officer who is a United States
        citizen, responsible for safety and security issues related to
        the critical infrastructure; and
            ``(3) maintain all records related to operations,
        personnel, and security of the United States general business
        corporation in the United States.
    ``(c) Rule of Construction.--Nothing in this subtitle may be
construed to restrict or otherwise alter the authority of the President
or the Committee on Foreign Investment in the United States (or any
successor thereto) as the designee of the President, under section 721
of the Defense Production Act of 1950.

``SEC. 243. REGULATIONS REQUIRED.

    ``Not later than 6 months after the date of enactment of this
subtitle, the Secretary, in coordination with the Secretary of the
Treasury, shall promulgate final regulations to carry out this
subtitle.

``SEC. 244. EFFECTIVE DATE.

    ``(a) In General.--Section 242 shall apply beginning on the date
that is 6 months after the date of enactment of this subtitle.
    ``(b) Existing Entities.--A foreign government controlled entity
that owns or otherwise controls or manages any critical infrastructure
of the United States on the effective date of this subtitle shall
comply with the requirements of this subtitle not later than 180 days
after that effective date.''.
    (b) Conforming Amendment.--The table of contents under section 1(b)
of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by
inserting after the item relating to section 237 the following:

   ``Subtitle E--Limits on Foreign Control of Investments in Certain
                 United States Critical Infrastructure

        ``Sec. 241. Definitions.
        ``Sec. 242. Limitation on foreign investments.
        ``Sec. 243. Regulations required.
        ``Sec. 244. Effective date.''.

SEC. 3. MARITIME SECURITY.

    (a) Findings.--Congress finds that--
            (1) existing scanning processes for maritime containers are
        insufficient;
            (2) it should be the goal of the United States to scan 100
        percent of inbound maritime containers; and
            (3) the maritime container inspection system employed in
        Hong Kong shows promise in enhancing the maritime security
        capabilities of the United States.
    (b) Amendments to Homeland Security Act.--
            (1) In general.--Subtitle A of title IV of the Homeland
        Security Act (6 U.S.C. 201 et seq.) is amended by adding at the
        end the following:

``SEC. 404. REPORT ON SCANNING OF MARITIME CONTAINERS.

    ``(a) Report to Congress.--Not later than 90 days after the date of
enactment of this section, the Secretary shall submit a report to
Congress detailing the processes and policies for implementation of a
scanning system for 100 percent of the inbound maritime containers
described in subsection (a).
    ``(b) Definition of Container.--The term `container' has the
meaning given the term in the International Convention for Safe
Containers, with annexes, done at Geneva December 2, 1972 (29 UST
3707).''.
            (2) Conforming amendment.--The table of contents under
        section 1(b) of the Homeland Security Act of 2002 (6 U.S.C.
        101) is amended by inserting after the item relating to section
        403 the following:

        ``Sec. 404. Report on scanning of maritime containers.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Service Overseas Pay Equity
Act of 2008''.

SEC. 2. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

    (a) Overseas Comparability Pay Adjustment.--
            (1) In general.--Chapter 4 of the Foreign Service Act of
        1980 (22 U.S.C. 3961 et seq.) is amended by adding at the end
        the following:

``SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

    ``(a) In General.--A member of the Service who is designated class
1 or below for purposes of section 403 and whose official duty station
is not in the continental United States or in a nonforeign area shall
receive, in accordance with the phase-in schedule set forth in
subsection (c), the same locality-based comparability payment under
section 5304 of title 5, United States Code (stated as a percentage) as
would be payable to such member if such member's official duty station
were in the District of Columbia.
    ``(b) Treatment as Basic Pay.--The amount of any locality-based
comparability payment which is payable to a member of the Service under
this section--
            ``(1) shall be considered a part of the basic pay of such
        member for the purposes described in--
                    ``(A) section 5304(c)(2)(A) of title 5, United
                States Code; and
                    ``(B) chapter 8 of this Act; and
            ``(2) shall be subject to any limitations on pay applicable
        to locality-based comparability payments under section 5304 of
        such title.
    ``(c) Phase-In.--The locality-based comparability payment payable
to a member of the Service under this section shall be equal to--
            ``(1) 33.33 percent of the payment which would otherwise
        apply under subsection (a) during the period beginning on the
        first day of the first pay period beginning on or after the
        earlier of April 1, 2009, or the date on which appropriations
        for fiscal year 2009 are made available pursuant to the
        enactment of  the Department of State, Foreign Operations, and
        Related Programs Appropriations Act, 2009, and ending on the
        last day of the last pay period in fiscal year 2009;
            ``(2) 66.67 percent of the payment which would otherwise
        apply under subsection (a) during the period beginning on the
        first day of the first pay period in fiscal year 2010 and
        ending on the last day of the last pay period in fiscal year
        2010; and
            ``(3) 100 percent of the payment determined under
        subsection (a), beginning on the first day of the first pay
        period in fiscal year 2011.
    ``(d) Nonforeign Area Defined.--As used in this section, the term
`nonforeign area' means 1 of the areas listed in section 591.205 of
title 5, Code of Federal Regulations.''.
            (2) Conforming amendment.--The table of contents under
        section 2 of the Foreign Service Act of 1980 is amended by
        inserting after the item relating to section 414 the following:

``Sec. 415. Overseas comparability pay adjustment.''.
    (b) Conforming Amendments Relating to the Foreign Service
Retirement Systems.--
            (1) Contributions to the fund.--
                    (A) In general.--Section 805(a) of the Foreign
                Service Act of 1980 (22 U.S.C. 4045(a)) is amended--
                            (i) in paragraph (1)--
                                    (I) by striking ``7.25 percent''
                                and inserting ``7 percent''; and
                                    (II) by striking ``The contribution
                                by the employing agency'' and all that
                                follows through ``and shall be made''
                                and inserting ``An equal amount shall
                                be contributed by the employing
                                agency'';
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (A), by
                                striking ``, plus an amount equal to
                                .25 percent of basic pay''; and
                                    (II) in subparagraph (B), by
                                striking ``, plus an amount equal to
                                .25 percent of basic pay''; and
                            (iii) in paragraph (3), by striking ``,
                        plus .25 percent''.
                    (B) Effective date.--The amendments made by
                subparagraph (A) shall take effect on the first day of
                the first pay period beginning on or after October 1,
                2010.
            (2) Computation of annuities.--Section 806(a)(9) of the
        Foreign Service Act of 1980 (22 U.S.C. 4046(a)(9)) is amended
        by striking ``is outside the continental United States shall''
        and inserting ``was outside the continental United States
        during the period beginning on December 29, 2002, and ending on
        the day before the first day of the first pay period beginning
        on or after October 1, 2010 (or during any portion of such
        period) shall, to the extent that such computation is based on
        the basic salary or basic pay of such member for such period
        (or portion of such period),''.
            (3) Entitlement to annuity.--Section 855(a)(3) of the
        Foreign Service Act of 1980 (22 U.S.C. 4071d(a)(3)) is
        amended--
                    (A) by striking ``section 8414'' and inserting
                ``section 8415''; and
                    (B) by striking ``is outside the continental United
                States shall'' and inserting ``was outside the
                continental United States during the period beginning
                on December 29, 2002, and ending on the day before the
                first day of the first pay period beginning on or after
                October 1, 2010 (or during any portion of such period)
                shall, to the extent that such computation is based on
                the basic salary or basic pay of such member for such
                period (or portion of such period),''.
            (4) Deductions and withholdings from pay.--Section
        856(a)(2) of such Act (22 U.S.C. 4071e(a)(2)) is amended to
        read as follows:
            ``(2) The applicable percentage under this subsection shall
        be as follows:

   ``Percentage                          Time Period

              7.5    Before January 1, 1999.
             7.75   January 1, 1999, to December 31, 1999.
              7.9   January 1, 2000, to December 31, 2000.
             7.55   January 11, 2003, to the day before the first day of
                     the first pay period beginning on or after October
                     1, 2010.
              7.5   Beginning on the first day of the first pay period
                     beginning on or after October 1, 2010.''.

    (c) Reporting Requirement.--Not later than October 1, 2010, the
Secretary of State shall submit a report to the Committee on Foreign
Relations of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Oversight and
Government Reform of the House of Representatives that includes--
            (1) an assessment of all allowances provided to members of
        the Foreign Service under the Foreign Service Act of 1980 or
        under title 5, United States Code; and
            (2) an explanation of how such allowances have been or will
        be affected by the amendments to the Foreign Service Act of
        1980 made under this Act.

SEC. 3. DEATH GRATUITY.

    Section 413(a) of the Foreign Service Act of 1980 (22 U.S.C.
3973(a)) is amended by striking ``at the time of death'' and inserting
``at level II of the Executive Schedule under section 5313 of title 5,
United States Code, at the time of death. If the deceased employee was
compensated under a local compensation plan established under section
408, the amount of such gratuity shall be equal to the greater of 1
year's salary at the time of death or 1 year's salary at the highest
step of the highest grade on the local compensation plan from which the
employee was being paid at the time of death''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Forest Roads-Community Right-To-Know
Act''.

SEC. 2. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT PROCEDURES FOR
              PERMANENT CLOSURE OF FOREST ROADS.

    (a) Definitions.--In this section:
            (1) Permanent closure.--The term ``permanent closure'',
        with respect to a forest road, means the closure of the road to
        vehicular traffic for a continuous period of more than one
        year. The term includes a road closure of one year or less, or
        of an unspecified duration, unless the Secretary concerned
        certifies at the time of the closure that the closure will not
        extend beyond one year.
            (2) Forest road.--The term ``forest road'' means any road
        on Federal lands.
            (3) Federal lands.--The term ``Federal lands'' means--
                    (A) lands administered by the Bureau of Land
                Management; and
                    (B) lands within units of the National Forest
                System.
            (4) State and local government officials.--The term ``State
        and local government officials'' means elected officials of
        States and counties within which Federal lands are located.
            (5) Secretary concerned.--The term ``Secretary concerned''
        means--
                    (A) with respect to the Federal lands described in
                paragraph (3)(A), the Secretary of the Interior; and
                    (B) with respect to the Federal lands described in
                paragraph (3)(B), the Secretary of Agriculture.
    (b) Advance Notice of Permanent Road Closures to State and Local
Government Officials.--
            (1) Purpose.--The purpose of this subsection is to ensure
        that the Secretary concerned involves State and local
        government officials in the process by which the Secretary
        concerned considers and plans for the potential permanent
        closure of forest roads on Federal lands.
            (2) Annual meetings required.--At least once each fiscal
        year, the Secretary concerned shall meet with appropriate State
        and local government officials to describe all agency plans or
        proposals that, within the next two fiscal years, will or may
        result in the permanent closure of forest roads on Federal
        lands. Such agency plans or proposals include project
        proposals, land management plan amendments or revisions,
        resource management plan amendments or revisions, and regional
        or subregional plans or proposals
            (3) Elements of notice.--At a meeting under paragraph (2),
        the Secretary concerned shall provide information, using maps
        and other means, that at a minimum--
                    (A) shows forest roads selected or proposed for
                permanent closure;
                    (B) shows traffic patterns and volumes on the roads
                over the previous five years; and
                    (C) explains how users of the roads will be
                adversely affected with longer travel times or adverse
                travel conditions by the permanent closure of the
                roads.
            (4) Special rule for first meeting.--At the first meeting
        conducted under paragraph (2) for a State or local government,
        the Secretary concerned shall also provide information on all
        forest roads that have been subject to permanent closure in
        that State during the previous five years. The information
        shall include a map showing the location of the forest
roads and a description of the methods and costs of the permanent
closure of the forest roads.
    (c) Public Notice and Comment Requirements.--
            (1) Local notice.--Before proceeding with the permanent
        closure of a forest road, the Secretary concerned shall publish
        an announcement describing the proposed closure in the local
        newspaper of record for the area likely to be affected by the
        permanent closure of the road. The announcement shall include a
        description and map of the forest road selected or proposed for
        permanent closure and a description of any comments generated
        regarding the closure in meetings with State and local
        government officials under subsection (b).
            (2) Comment period.--The permanent closure of a forest road
        may not take effect until after the end of the 90-day period
        beginning on the date that the announcement under paragraph (1)
        was published regarding that road so as to permit the public to
        submit comments regarding the decision to select or propose the
        forest road for permanent closure.
    (d) Prohibition on Permanent Road Closures.--The permanent closure
of a forest road is prohibited unless--
            (1) advance notice of the permanent closure of the road is
        provided to the appropriate State and local government
        officials in the manner provided in subsection (b); and
            (2) the Secretary complies with the public notice and
        comment requirements under subsection (c).
    (e) Application of Requirements.--The requirements of this section
shall take effect on the date of the enactment of this Act, except that
the prohibition contained in subsection (d)(1) shall not apply to
prohibit the permanent closure of any forest road implemented during
the fiscal year in which this section is enacted.
    (f) Effect on Valid and Existing Rights.--Nothing in this section
shall invalidate rights-of-way designated under section 2477 of the
Revised Statutes of 1878 (43 U.S.C. 932) or other valid and existing
rights, including rights of ingress and egress.
    (g) Compliance With State Laws.--In carrying out this section with
respect to a forest road, the Secretary concerned shall comply with the
applicable laws of the State in which the forest road is located.

SEC. 3. EMERGENCIES.

    (a) Emergency Road Closures.--Subject to subsection (b), the
requirements of section 2 shall not apply to emergency road closures
where life or property would be endangered or threatened in the absence
of the road closure.
    (b) Length of Closure.--If an emergency road closure will extend
beyond one year, the Secretary concerned shall comply with the
requirements of section 2 within three months after the date on which
the emergency road closure commenced.