SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Entrepreneur-in-Residence
Act of 2012''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``Administrator'' means the Administrator of
        the Small Business Administration;
            (2) the term ``agency'' means an Executive agency, as
        defined in section 105 of title 5, United States Code;
            (3) the term ``Director'' means the Director of the Office
        of Personnel Management;
            (4) the term ``entrepreneur-in-residence'' means an
        individual appointed to a position under the program;
            (5) the term ``program'' means the Federal entrepreneur-in-
        residence program established under section 3(a); and
            (6) the term ``small business concern'' has the meaning
        given that term under section 3 of the Small Business Act (15
        U.S.C. 632).

SEC. 3. FEDERAL ENTREPRENEUR-IN-RESIDENCE PROGRAM.

    (a) Program Established.--The Director, in consultation with the
Administrator, shall establish a Federal entrepreneur-in-residence
program under which the Director, with the concurrence of the head of
an agency, may appoint an entrepreneur-in-residence to a position in
the excepted service in the agency to carry out the duties described in
subsection (d).
    (b) Mission of Program.--The mission of the program shall be to--
            (1) provide for better outreach by the Federal Government
        to the private sector;
            (2) strengthen coordination and interaction between the
        Federal Government and the private sector on issues relevant to
        entrepreneurs and small business concerns; and
            (3) make Federal programs simpler, quicker, more efficient,
        and more responsive to the needs of small business concerns and
        entrepreneurs.
    (c) Appointments.--
            (1) In general.--The Director--
                    (A) shall appoint entrepreneurs-in-residence under
                the program during each year; and
                    (B) may not appoint more than 10 entrepreneurs-in-
                residence during any year.
            (2) Selection.--The Director shall select entrepreneurs-in-
        residence from among individuals who--
                    (A) are successful in their field;
                    (B) have demonstrated success in working with small
                business concerns and entrepreneurs; or
                    (C) have successfully developed, invented, or
                created a product and brought the product to the
                marketplace.
            (3) Placement.--In appointing entrepreneurs-in-residence,
        the Director shall--
                    (A) give priority to placing entrepreneurs-in-
                residence across the Federal Government at separate
                agencies; and
                    (B) to the extent practicable, not appoint more
                than 2 entrepreneurs-in-residence to positions in the
                same agency during the same year.
            (4) Terms of appointment.--An entrepreneur-in-residence--
                    (A) shall be a full-time employee of the agency to
                which the entrepreneur-in-residence is appointed; and
                    (B) may not serve as an entrepreneur-in-residence
                for more than a period of 2 years.
    (d) Duties.--An entrepreneur-in-residence shall--
            (1) assist Federal agencies in improving outreach to small
        business concerns and entrepreneurs;
            (2) provide recommendations to the head of the agency
        employing the entrepreneur-in-residence on inefficient or
        duplicative programs, if any, at the agency;
            (3) provide recommendations to the head of the agency
        employing the entrepreneur-in-residence on methods to improve
        program efficiency at the agency or new initiatives, if any,
        that may be instituted at the agency;
            (4) facilitate meetings and forums to educate small
        business concerns and entrepreneurs on programs or initiatives
        of the agency employing the entrepreneur-in-residence;
            (5) facilitate in-service sessions with employees of the
        agency employing the entrepreneur-in-residence on issues of
        concern to entrepreneurs and small business concerns; and
            (6) provide technical assistance or mentorship to small
        business concerns and entrepreneurs in accessing programs at
        the agency employing the entrepreneur-in-residence.
    (e) Compensation.--
            (1) In general.--The rate of basic pay for an entrepreneur-
        in-residence shall be equivalent to the rate of basic pay for a
        position at GS-13, GS-14, or GS-15 of the General Schedule,
        which shall be determined in accordance with regulations
        promulgated by the Director.
            (2) Promotion.--If an entrepreneur-in-residence with a rate
        of pay equivalent to the rate of basic pay for a position at
        GS-13 or GS-14 satisfactorily completes 1 year of service in
        position under this section, the entrepreneur-in-residence may
        receive an increase in the rate of basic pay to be equal to the
        rate of basic pay for a position 1 grade higher on the General
        Schedule than the initial rate of basic pay of the
        entrepreneur-in-residence.
    (f) Reporting.--An entrepreneur-in-residence shall report directly
to the head of the agency employing the entrepreneur-in-residence.
    (g) Termination.--The Director may not appoint an entrepreneur-in-
residence under this section after September 30, 2016.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Land Freedom Act of 2015''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) as of the date of enactment of this Act--
                    (A) 113,000,000 acres of onshore Federal land are
                open and accessible for oil and natural gas
                development; and
                    (B) approximately 166,000,000 acres of onshore
                Federal land are off-limits or inaccessible for oil and
                natural gas development;
            (2) despite the recent oil and natural gas boom in the
        United States, the number of acres of Federal land leased for
        oil and natural gas exploration has decreased by 24 percent
        since 2008;
            (3) in 2013, the Federal Government leased only 36,000,000
        acres of Federal land, in contrast to the 131,000,000 acres
        that were leased in 1984;
            (4) the reduction in leasing of Federal land harms economic
        growth and Federal revenues;
            (5) in 2013, it took 197 days to process applications for
        permits to drill on Federal land; and
            (6) the States have extensive and sufficient regulatory
        frameworks for permitting oil and natural gas development.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Available federal land.--The term ``available Federal
        land'' means any Federal land that, as of May 31, 2013--
                    (A) is located within the boundaries of a State;
                    (B) is not held by the United States in trust for
                the benefit of a federally recognized Indian tribe;
                    (C) is not a unit of the National Park System;
                    (D) is not a unit of the National Wildlife Refuge
                System; and
                    (E) is not a congressionally designated wilderness
                area.
            (2) State.--The term ``State'' means--
                    (A) a State; and
                    (B) the District of Columbia.
            (3) State leasing, permitting, and regulatory program.--The
        term ``State leasing, permitting, and regulatory program''
        means a program established pursuant to State law that
        regulates the exploration and development of oil, natural gas,
        and other forms of energy on land located in the State.

SEC. 4. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON ALL
              AVAILABLE FEDERAL LAND.

    (a) State Leasing, Permitting, and Regulatory Programs.--Any State
that has established a State leasing, permitting, and regulatory
program may--
            (1) submit to the Secretaries of the Interior, Agriculture,
        and Energy a declaration that a State leasing, permitting, and
        regulatory program has been established or amended; and
            (2) seek to transfer responsibility for leasing,
        permitting, and regulating oil, natural gas, and other forms of
        energy development from the Federal Government to the State.
    (b) State Action Authorized.--Notwithstanding any other provision
of law, on submission of a declaration under subsection (a)(1), the
State submitting the declaration may lease, permit, and regulate the
exploration and development of oil, natural gas, and other forms of
energy on Federal land located in the State in lieu of the Federal
Government.
    (c) Effect of State Action.--Any action by a State to lease,
permit, or regulate the exploration and development of oil, natural
gas, and other forms of energy pursuant to subsection (b) shall not be
subject to, or considered a Federal action, Federal permit, or Federal
license under--
            (1) subchapter II of chapter 5, and chapter 7, of title 5,
        United States Code (commonly known as the ``Administrative
        Procedure Act'');
            (2) the National Historic Preservation Act (16 U.S.C. 470
        et seq.);
            (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
        seq.); or
            (4) the National Environmental Policy Act of 1969 (42
        U.S.C. 4321 et seq.).

SEC. 5. NO EFFECT ON FEDERAL REVENUES.

    (a) In General.--Any lease or permit issued by a State pursuant to
section 4 shall include provisions for the collection of royalties or
other revenues in an amount equal to the amount of royalties or
revenues that would have been collected if the lease or permit had been
issued by the Federal Government.
    (b) Disposition of Revenues.--Any revenues collected by a State
from leasing or permitting on Federal land pursuant to section 4 shall
be deposited in the same Federal account in which the revenues would
have been deposited if the lease or permit had been issued by the
Federal Government.
    (c) Effect on State Processing Fees.--Nothing in this Act prohibits
a State from collecting and retaining a fee from an applicant to cover
the administrative costs of processing an application for a lease or
permit.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Physicians Comparability
Allowance Amendments of 2000''.

SEC. 2. AUTHORITY MADE PERMANENT.

    (a) In General.--
        (1) Amendment to title 5, united states code.--The second
    sentence of section 5948(d) of title 5, United States Code, is
    repealed.
        (2) Amendment to the federal physicians comparability allowance
    act of 1978.--Section 3 of the Federal Physicians Comparability
    Allowance Act of 1978 (5 U.S.C. 5948 note) is repealed.
    (b) Technical and Conforming Amendments.--Section 5948 of title 5,
United States Code, is amended--
        (1) by repealing paragraph (2) of subsection (j); and
        (2) in subsection (j)(1)--
            (A) by striking ``(j)(1)'' and inserting ``(j)'';
            (B) by redesignating subparagraphs (A) through (E) as
        paragraphs (1) through (5), respectively; and
            (C) in paragraph (5) (as so redesignated by this paragraph)
        by striking ``subparagraph (B)'' and inserting ``paragraph
        (2)''.

SEC. 3. TREATMENT OF ALLOWANCES AS PART OF BASIC PAY FOR RETIREMENT
              PURPOSES.

    (a) Definition of Basic Pay.--Section 8331(3) of title 5, United
States Code, is amended--
        (1) in subparagraph (F) by striking ``and'' after the
    semicolon;
        (2) in subparagraph (G) by inserting ``and'' after the
    semicolon;
        (3) by inserting after subparagraph (G) the following:
            ``(H) any amount received under section 5948 (relating to
        physicians comparability allowances);''; and
        (4) in the matter following subparagraph (H) (as added by
    paragraph (3)) by striking ``through (G)'' and inserting ``through
    (H)''.
    (b) Civil Service Retirement System.--
        (1) Computation rules.--Section 8339 of title 5, United States
    Code, is amended by adding at the end the following:
    ``(s)(1) For purposes of this subsection, the term `physicians
comparability allowance' refers to an amount described in section
8331(3)(H).
    ``(2) Except as otherwise provided in this subsection, no part of a
physicians comparability allowance shall be treated as basic pay for
purposes of any computation under this section unless, before the date
of the separation on which entitlement to annuity is based, the
separating individual has completed at least 15 years of service as a
Government physician (whether performed before, on, or after the date
of the enactment of this subsection).
    ``(3) If the condition under paragraph (2) is met, then, any
amounts received by the individual in the form of a physicians
comparability allowance shall (for the purposes referred to in
paragraph (2)) be treated as basic pay, but only to the extent that
such amounts are attributable to service performed on or after the date
of the enactment of this subsection, and only to the extent of the
percentage allowable, which shall be determined as follows:

``If the total amount of service

  performed, on or after the date of
                                                    Then, the percentage
   the enactment of this subsection,
                                                       allowable is:
  as a Government physician is:

    Less than 2 years.........................................
                                                                  0
    At least 2 but less than 4 years..........................
                                                                 25
    At least 4 but less than 6 years..........................
                                                                 50
    At least 6 but less than 8 years..........................
                                                                 75
    At least 8 years..........................................
                                                                100.

    ``(4) Notwithstanding any other provision of this subsection, 100
percent of all amounts received as a physicians comparability allowance
shall, to the extent attributable to service performed on or after the
date of the enactment of this subsection, be treated as basic pay
(without regard to any of the preceding provisions of this subsection)
for purposes of computing--
        ``(A) an annuity under subsection (g); and
        ``(B) a survivor annuity under section 8341, if based on the
    service of an individual who dies before separating from
    service.''.
        (2) Government physician defined.--Section 8331 of title 5,
    United States Code, is amended by striking ``and'' at the end of
    paragraph (26), by striking the period at the end of paragraph (27)
    and inserting ``; and'', and by adding at the end the following:
        ``(28) `Government physician' has the meaning given that term
    under section 5948.''.
    (c) Federal Employees' Retirement System.--
        (1) Computation rules.--Section 8415 of title 5, United States
    Code, is amended by adding at the end the following:
    ``(i)(1) For purposes of this subsection, the term `physicians
comparability allowance' refers to an amount described in section
8331(3)(H).
    ``(2) Except as otherwise provided in this subsection, no part of a
physicians comparability allowance shall be treated as basic pay for
purposes of any computation under this section unless, before the date
of the separation on which entitlement to annuity is based, the
separating individual has completed at least 15 years of service as a
Government physician (whether performed before, on, or after the date
of the enactment of this subsection).
    ``(3) If the condition under paragraph (2) is met, then, any
amounts received by the individual in the form of a physicians
comparability allowance shall (for the purposes referred to in
paragraph (2)) be treated as basic pay, but only to the extent that
such amounts are attributable to service performed on or after the date
of the enactment of this subsection, and only to the extent of the
percentage allowable, which shall be determined as follows:

``If the total amount of service

  performed, on or after the date of
                                                    Then, the percentage
   the enactment of this subsection,
                                                       allowable is:
  as a Government physician is:

    Less than 2 years.........................................
                                                                  0
    At least 2 but less than 4 years..........................
                                                                 25
    At least 4 but less than 6 years..........................
                                                                 50
    At least 6 but less than 8 years..........................
                                                                 75
    At least 8 years..........................................
                                                                100.

    ``(4) Notwithstanding any other provision of this subsection, 100
percent of all amounts received as a physicians comparability allowance
shall, to the extent attributable to service performed on or after the
date of the enactment of this subsection, be treated as basic pay
(without regard to any of the preceding provisions of this subsection)
for purposes of computing--
        ``(A) an annuity under section 8452; and
        ``(B) a survivor annuity under subchapter IV, if based on the
    service of an individual who dies before separating from
    service.''.
        (2) Government physician defined.--Section 8401 of title 5,
    United States Code, is amended by striking ``and'' at the end of
    paragraph (32), by striking the period at the end of paragraph (33)
    and inserting ``; and'', and by adding at the end the following:
        ``(34) the term `Government physician' has the meaning given
    such term under section 5948.''.
    (d) Conforming Amendment.--Section 5948(h)(1) of title 5, United
States Code, is amended by striking ``chapter 81, 83, or 87'' and
inserting ``chapter 81 or 87''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Prosecutors Retirement
Benefit Equity Act of 2001''.

SEC. 2. INCLUSION OF FEDERAL PROSECUTORS IN THE DEFINITION OF A LAW
              ENFORCEMENT OFFICER.

    (a) Civil Service Retirement System.--
            (1) In general.--Paragraph (20) of section 8331 of title 5,
        United States Code, is amended by striking ``position.'' and
        inserting ``position and a Federal prosecutor.''.
            (2) Federal prosecutor defined.--Section 8331 of title 5,
        United States Code, is amended--
                    (A) in paragraph (27), by striking ``and'' at the
                end;
                    (B) in paragraph (28), by striking the period and
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(29) `Federal prosecutor' means--
                    ``(A) an assistant United States attorney under
                section 542 of title 28; or
                    ``(B) an attorney employed by the Department of
                Justice and designated by the Attorney General of the
                United States.''.
    (b) Federal Employees' Retirement System.--
            (1) In general.--Paragraph (17) of section 8401 of title 5,
        United States Code, is amended--
                    (A) in subparagraph (C), by striking ``and'' at the
                end;
                    (B) in subparagraph (D), by adding ``and'' after
                the semicolon; and
                    (C) by adding at the end the following:
                    ``(E) a Federal prosecutor;''.
            (2) Federal prosecutor defined.--Section 8401 of title 5,
        United States Code, is amended--
                    (A) in paragraph (33), by striking ``and'' at the
                end;
                    (B) in paragraph (34), by striking the period and
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(35) `Federal prosecutor' means--
                    ``(A) an assistant United States attorney under
                section 542 of title 28; or
                    ``(B) an attorney employed by the Department of
                Justice and designated by the Attorney General of the
                United States.''.
    (c) Treatment Under Certain Provisions of Law (Unrelated to
Retirement) To Remain Unchanged.--
            (1) Original appointments.--Subsections (d) and (e) of
        section 3307 of title 5, United States Code, are amended by
        adding at the end of each the following: ``The preceding
        sentence shall not apply in the case of an original appointment
        of a Federal prosecutor as defined under section 8331(29) or
        8401(35).''.
            (2) Mandatory separation.--Sections 8335(b) and 8425(b) of
        title 5, United States Code, are amended by adding at the end
        of each the following: ``The preceding provisions of this
        subsection shall not apply in the case of a Federal prosecutor
        as defined under section 8331(29) or 8401(35).''.
    (d) Effective Date.--The amendments made by this section shall take
effect on the first day of the first applicable pay period beginning on
or after 120 days after the date of enactment of this Act.

SEC. 3. PROVISIONS RELATING TO INCUMBENTS.

    (a) Definitions.--In this section, the term--
            (1) ``Federal prosecutor'' means--
                    (A) an assistant United States attorney under
                section 542 of title 28, United States Code; or
                    (B) an attorney employed by the Department of
                Justice and designated by the Attorney General of the
                United States; and
            (2) ``incumbent'' means an individual who is serving as a
        Federal prosecutor on the effective date of this section.
    (b) Designated Attorneys.--If the Attorney General of the United
States makes any designation of an attorney to meet the definition
under subsection (a)(1)(B) for purposes of being an incumbent under
this section,--
            (1) such designation shall be made before the effective
        date of this section; and
            (2) the Attorney General shall submit to the Office of
        Personnel Management before that effective date--
                    (A) the name of the individual designated; and
                    (B) the period of service performed by that
                individual as a Federal prosecutor before that
                effective date.
    (c) Notice Requirement.--Not later than 9 months after the date of
enactment of this Act, the Department of Justice shall take measures
reasonably designed to provide notice to incumbents on--
            (1) their election rights under this Act; and
            (2) the effects of making or not making a timely election
        under this Act.
    (d) Election Available to Incumbents.--
            (1) In general.--An incumbent may elect, for all purposes,
        to be treated--
                    (A) in accordance with the amendments made by this
                Act; or
                    (B) as if this Act had never been enacted.
            (2) Failure to elect.--Failure to make a timely election
        under this subsection shall be treated in the same way as an
        election under paragraph (1)(A), made on the last day allowable
        under paragraph (3).
            (3) Time limitation.--An election under this subsection
        shall not be effective unless the election is made not later
        than the earlier of--
                    (A) 120 days after the date on which the notice
                under subsection (c) is provided; or
                    (B) the date on which the incumbent involved
                separates from service.
    (e) Limited Retroactive Effect.--
            (1) Effect on retirement.--In the case of an incumbent who
        elects (or is deemed to have elected) the option under
        subsection (d)(1)(A), all service performed by that individual
        as a Federal prosecutor shall--
                    (A) to the extent performed on or after the
                effective date of that election, be treated in
                accordance with applicable provisions of subchapter III
                of chapter 83 or chapter 84 of title 5, United States
                Code, as amended by this Act; and
                    (B) to the extent performed before the effective
                date of that election, be treated in accordance with
                applicable provisions of subchapter III of chapter 83
                or chapter 84 of such title, as if the amendments made
                by this Act had then been in effect.
            (2) No other retroactive effect.--Nothing in this Act
        (including the amendments made by this Act) shall affect any of
        the terms or conditions of an individual's employment (apart
        from those governed by subchapter III of chapter 83 or chapter
        84 of title 5, United States Code) with respect to any period
        of service preceding the date on which such individual's
        election under subsection (d) is made (or is deemed to have
        been made).
    (f) Individual Contributions for Prior Service.--
            (1) In general.--An individual who makes an election under
        subsection (d)(1)(A) may, with respect to prior service
        performed by such individual, contribute to the Civil Service
        Retirement and Disability Fund the difference between the
        individual contributions that were actually made for such
        service and the individual contributions that should have been
        made for such service if the amendments made by section 2 had
        then been in effect.
            (2) Effect of not contributing.--If no part of or less than
        the full amount required under paragraph (1) is paid, all prior
        service of the incumbent shall remain fully creditable as law
        enforcement officer service, but the resulting annuity shall be
        reduced in a manner similar to that described in section
        8334(d)(2) of title 5, United States Code, to the extent
        necessary to make up the amount unpaid.
            (3) Prior service defined.--For purposes of this section,
        the term ``prior service'' means, with respect to any
        individual who makes an election under subsection (d)(1)(A),
        service performed by such individual before the date as of
        which appropriate retirement deductions begin to be made in
        accordance with such election.
    (g) Government Contributions for Prior Service.--
            (1) In general.--If an incumbent makes an election under
        subsection (d)(1)(A), the Department of Justice shall remit to
        the Office of Personnel Management, for deposit in the Treasury
        of the United States to the credit of the Civil Service
        Retirement and Disability Fund, the amount required under
        paragraph (2) with respect to such service.
            (2) Amount required.--The amount the Department of Justice
        is required to remit is, with respect to any prior service, the
        total amount of additional Government contributions to the
        Civil Service Retirement and Disability Fund (over and above
        those actually paid) that would have been required if the
        amendments made by section 2 had then been in effect.
            (3) Contributions to be made ratably.--Government
        contributions under this subsection on behalf of an incumbent
        shall be made by the Department of Justice ratably (on at least
        an annual basis) over the 10-year period beginning on the date
        referred to in subsection (f)(3).
    (h) Regulations.--Except as provided under section 4, the Office of
Personnel Management shall prescribe regulations necessary to carry out
this Act, including provisions under which any interest due on the
amount described under subsection (f) shall be determined.
    (i) Effective Date.--This section shall take effect 120 days after
the date of enactment of this Act.

SEC. 4. DEPARTMENT OF JUSTICE ADMINISTRATIVE ACTIONS.

    (a) Definition.--In this section the term ``Federal prosecutor''
has the meaning given under section 3(a)(1).
    (b) Regulations.--
            (1) In general.--Not later than 120 days after the date of
        enactment of this Act, the Attorney General of the United
        States shall--
                    (A) consult with the Office of Personnel Management
                on this Act (including the amendments made by this
                Act); and
                    (B) promulgate regulations for making designations
                of Federal prosecutors who are not assistant United
                States attorneys.
            (2) Contents.--Any regulations promulgated under paragraph
        (1) shall ensure that attorneys designated as Federal
        prosecutors who are not assistant United States attorneys have
        routine employee responsibilities that are substantially
        similar to those of assistant United States attorneys assigned
        to the litigation of criminal cases, such as the representation
        of the United States before grand juries and in trials,
        appeals, and related court proceedings.
    (c) Designations.--The designation of any Federal prosecutor who is
not an assistant United States attorney for purposes of this Act
(including the amendments made by this Act) shall be at the discretion
of the Attorney General of the United States.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Reserve Board Civil Rights
Compliance Act of 1999''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The passage of the Civil Rights Act of 1964 was a
        milestone embodying a national policy of equal protection under
        the law regardless of race, color, religion, sex, or national
        origin.
            (2) Title VII of the Civil Rights Act of 1964 protects
        individuals against discrimination in the workplace.
            (3) Section 717 of title VII of such Act applies to all
        personnel actions affecting employees and applicants for
        employment in an ``executive agency''.
            (4) An ``executive agency'' is defined in section 105 of
        title 5, United States Code, to include an ``independent
        establishment'' in the executive branch.
            (5) The Board of Governors of the Federal Reserve System
        exercises extensive regulatory and enforcement authority as a
        Federal banking agency (as defined in section 3 of the Federal
        Deposit Insurance Act) with regard to State banks which are
        members of a Federal reserve bank, bank holding companies, and
        foreign bank operations in the United States under the Federal
        Reserve Act, the Bank Holding Company Act of 1956, the Banking
        Act of 1933, the International Banking Act of 1978, the Federal
        Deposit Insurance Act, and other Federal laws, including the
        authority to remove directors, officers, and employees from
        their positions in banks and bank holding companies, the
        authority to impose large civil money penalties, and the
        authority to order the divestiture of banks by bank holding
        companies.
            (6) The Supreme Court of the United States has stated in
        the case of Bowsher, Comptroller General of the United States
        v. Synar, Member of Congress, et al., 478 U.S. 714, 733 (1986),
        that ``[i]nterpreting a law enacted by Congress to implement
        the legislative mandate is the very essence of `execution' of
        the law'' and noted that the exercise of judgment concerning
        facts that affect the application of an Act is typically made
        by officers charged with executing a statute, ibid.
            (7) The activities of the Board of Governors of the Federal
        Reserve System clearly constitute ``execution of the law'' and
        the Board is, therefore, clearly and unambiguously an
        independent establishment in the executive branch (as such term
        is used in section 104 of title 5, United States Code).
            (8) The Equal Employment Opportunity Commission, which is
        responsible for enforcing compliance with title VII of the
        Civil Rights Act of 1964, has consistently and properly
        interpreted title VII as applying to the Board of Governors of
        the Federal Reserve System.
            (9) The United States Court of Appeals for the District of
        Columbia Circuit established, in the case of Hilliard v.
        Volcker, 659 F.2d 1125 (D.C. Cir. 1981), that the Board of
        Governors of the Federal Reserve System is an executive agency
        within the meaning of section 105 of title 5, United States
        Code, and section 717 of title VII of the Civil Rights Act of
        1964.
            (10) The Board of Governors of the Federal Reserve System
        did not argue to the contrary while the case of Hilliard v.
        Volcker was before the United States Court of Appeals for the
        District of Columbia Circuit.
            (11) On October 17, 1994, a jury in the case Bennett v.
        Greenspan, C.A. No. 98-0813-RMU, (Dt. D.C.) found the Board of
        Governors of the Federal Reserve liable for racial
        discrimination, and retaliation, in violation of title VII of
        the Civil Rights Act of 1964.
            (12) The Board of Governors of the Federal Reserve System
        has repeatedly suggested in correspondence with the Congress
        that such Board is not an executive agency under section 105 of
        title 5, United States Code, and is therefore not covered by
        title VII of the Civil Rights Act of 1964.
            (13) The Board of Governors of the Federal Reserve System
        has acted inconsistently with current law in suggesting,
        despite--
                    (A) the unambiguous meaning of section 105 of title
                5, United States Code,
                    (B) the unambiguous language title VII of the Civil
                Rights Act of 1964, and
                    (C) the clear applicability of title VII of the
                Civil Rights Act of 1964 to the Board of Governors of
                the Federal Reserve in several cases brought against
                the Board in the courts of the United States,
        that the Board is not covered by title VII of the Civil Rights
        Act of 1964.

SEC. 3. REQUIRED POSTING OF NOTICES.

    The Board of Governors of the Federal Reserve System shall post and
keep posted in conspicuous places upon its premises where such notices
to employees and applicants for employment are customarily posted, and
at such other places as the Equal Employment Opportunity Commission may
determine, a notice to be prepared or approved by the Commission
setting forth--
            (1) excerpts from or summaries of the pertinent provisions
        of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
        et seq.), and
            (2) information pertinent to the rights and procedures
        applicable under such Acts to employees of, and applicants for
        employment by, the Board.

SEC. 4. REPORT ON COMPLIANCE.

    Not later than 180 days after the date of the enactment of this
Act, the Board of Governors of the Federal Reserve System shall submit
a report, to the Committee on Banking and Financial Services of the
House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate, describing in detail the actions taken by
the Board to achieve compliance with section 717 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-16).


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Supervisor Training Act of
2016''.

SEC. 2. MANDATORY TRAINING PROGRAMS FOR SUPERVISORS.

    (a) In General.--Section 4121 of title 5, United States Code, is
amended--
            (1) by inserting before ``In consultation with'' the
        following:
    ``(a) Definitions.--For purposes of this section--
            ``(1) the term `program' means any activity, project,
        function, or policy that has an identifiable purpose or set of
        objectives; and
            ``(2) the term `supervisor' means--
                    ``(A) a supervisor, as defined under section
                7103(a)(10);
                    ``(B) a management official, as defined under
                section 7103(a)(11); or
                    ``(C) any other employee as the Director of the
                Office of Personnel Management may by regulation
                prescribe.'';
            (2) by striking ``In consultation with'' and inserting
        ``(b) Training Programs To Be Established.--In consultation
        with''; and
            (3) by striking paragraph (2) (of the matter redesignated
        as subsection (b) as a result of the amendment under paragraph
        (2) of this subsection) and inserting the following:
            ``(2) a program--
                    ``(A) to require supervisors to have individual
                development plans that provide for training on actions,
                options, and strategies a supervisor may use in--
                            ``(i) developing and discussing relevant
                        performance goals and objectives with the
                        employee and ensuring the performance goals and
                        objectives align to the mission and priority
                        goals of the agency;
                            ``(ii) communicating and discussing
                        progress relative to performance goals and
                        objectives, and conducting performance
                        appraisals;
                            ``(iii) mentoring and motivating employees
                        and improving employee engagement, performance,
                        and productivity;
                            ``(iv) fostering a work environment
                        characterized by fairness, respect, equal
                        opportunity, and attention paid to the merit of
                        the work of employees;
                            ``(v) effectively managing employees with
                        unacceptable performance, including training to
                        understand the disciplinary options and
                        procedures available to the supervisor;
                            ``(vi) effectively using the probationary
                        period to examine whether an employee has
                        demonstrated successful performance or conduct
                        to continue past the probationary period;
                            ``(vii) addressing reports of a hostile
                        work environment, retaliation, or harassment
                        of, or by, another supervisor or employee;
                            ``(viii) meeting supervisor competencies
                        established by the Office of Personnel
                        Management or the employing agency of the
                        supervisor;
                            ``(ix) collaborating with human resources
                        employees to recruit, select, appraise, and
                        reward employees to build a workforce based on
                        organizational goals, budget considerations,
                        and staffing needs; and
                            ``(x) otherwise carrying out the duties or
                        responsibilities of a supervisor;
                    ``(B) to provide training to supervisors on the
                prohibited personnel practices under section 2302
                (particularly with respect to such practices described
                under paragraphs (1) and (8) of subsection (b) of that
                section), employee rights, and the procedures and
                processes used to enforce employee rights; and
                    ``(C) under which experienced supervisor mentors
                are identified, evaluated, and approved to provide
                guidance and advice to new or underperforming
                supervisors to--
                            ``(i) transfer knowledge and advice in
                        areas such as communication, critical thinking,
                        responsibility, flexibility, motivating and
                        engaging employees, teamwork, leadership, and
                        professional development; and
                            ``(ii) identify strengths and areas for
                        development.
    ``(c) Requirements for Training Design.--Training in the program
components established under subparagraphs (A) and (B) of subsection
(b)(2) shall--
            ``(1) be designed using principles of adult learning and an
        industry standard instructional design model; and
            ``(2) to the extent practicable, as determined by the
        agency, be training that is instructor-based.
    ``(d) Timing of Training.--
            ``(1) Initial training.--
                    ``(A) In general.--Not later than 1 year after the
                date on which an individual is appointed to the
                position of supervisor, that individual shall be
                required to have completed each program component
                established under subsection (b)(2).
                    ``(B) Extensions.--The Director of the Office of
                Personnel Management may establish and administer
                procedures under which an agency may extend the 1-year
                period described under subparagraph (A) with respect to
                an individual.
            ``(2) Subsequent training.--After completion of a program
        component under subparagraphs (A) and (B) of subsection (b)(2),
        each supervisor shall be required to complete a program
        component under such subparagraphs not less frequently than
        once every 3 years.
            ``(3) Credit for similar training.--Each program component
        established under subsection (b)(2) shall include provisions
        under which the agency gives a supervisor credit toward a
        period of training that the agency determines is similar to
        training that the supervisor previously completed.
            ``(4) Effectiveness evaluation.--Each agency shall measure
        the effectiveness of training program components established
        under subsection (b)(2).
    ``(e) Information on Developmental Opportunities.--An agency shall
make available to each supervisor--
            ``(1) a detailed list of developmental opportunities
        available to the supervisor; and
            ``(2) the policies of the agency for requiring supervisor
        development.
    ``(f) Regulations.--Notwithstanding section 4118(c), the Director
of the Office of Personnel Management shall prescribe regulations to
carry out this section, including the monitoring of agency compliance
with this section. Regulations prescribed under this subsection shall
include measures by which to assess the effectiveness of agency
supervisor training programs.''.
    (b) Report on Extensions for Training Requirements.--
            (1) Appropriate congressional committees.--In this
        subsection, the term ``appropriate congressional committees''
        means--
                    (A) the Committee on Homeland Security and
                Governmental Affairs of the Senate; and
                    (B) the Committee on Oversight and Government
                Reform of the House of Representatives.
            (2) Report.--Not later than 2 years after the date of
        enactment of this Act and annually thereafter, the Director of
        the Office of Personnel Management shall submit a report with
        respect to the preceding fiscal year to the appropriate
        congressional committees on--
                    (A) the number of extensions granted under section
                4121(d)(1)(B) of title 5, United States Code, as added
                by subsection (a) of this section, which shall
                include--
                            (i) a brief description of the reason why
                        the training was not completed;
                            (ii) the actions the agency plans to take
                        to ensure training is received; and
                            (iii) the date by which the agency intends
                        to complete the training; and
                    (B) the number of individuals completing the
                requirements of section 4121(d)(1)(A) of title 5,
                United States Code, as added by subsection (a) of this
                section.
    (c) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Director of the Office of Personnel Management shall
prescribe regulations under section 4121(f) of title 5, United States
Code, as added by subsection (a) of this section.
    (d) Career Track for Technical Experts.--Section 5106 of title 5,
United States Code, is amended by adding at the end the following:
    ``(d) To the extent practicable under the requirements under this
chapter, each agency shall develop a career track for employees of the
agency whom the agency determines are mission critical technical
experts that affords the employees the opportunity for career
advancement, without being required to be appointed to a management or
supervisory position.''.
    (e) Effective Date and Application.--
            (1) In general.--The amendments made by this section shall
        take effect 1 year after the date of enactment of this Act.
            (2) Applicability.--The amendments made by this section
        shall apply to--
                    (A) each individual appointed to the position of a
                supervisor, as defined under section 4121(a) of title
                5, United States Code (as added by subsection (a) of
                this section), on or after the effective date of the
                amendments; and
                    (B) each individual who is employed in the position
                of a supervisor on the effective date of the amendments
                as provided under paragraph (3).
            (3) Existing supervisors.--Each individual who is employed
        in the position of a supervisor, as defined under section
        4121(a) of title 5, United States Code (as added by subsection
        (a) of this section), on the effective date of the amendments
        made by this section and is not subject to an extension under
        section 4121(d)(1)(B) of title 5, United States Code (as added
        by subsection (a) of this section) shall be required to--
                    (A) complete each program component established
                under subparagraphs (A) and (B) of section 4121(b)(2)
                of title 5, United States Code (as added by subsection
                (a) of this section), not later than 3 years after the
                effective date of the amendments; and
                    (B) complete program components every 3 years
                thereafter in accordance with paragraphs (2) and (3) of
                section 4121(d) of that title (as added by subsection
                (a) of this section).
    (f) GAO Report.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit to Congress a report
on the mandatory training programs required to be established by under
section 4121(b)(2) of title 5, United States Code (as added by
subsection (a) of this section) and the effectiveness of those
programs.

SEC. 3. MANAGEMENT COMPETENCIES.

    (a) In General.--Chapter 43 of title 5, United States Code, is
amended--
            (1) by redesignating section 4305 as section 4306; and
            (2) by inserting after section 4304 the following:
``Sec. 4305. Management competencies
    ``(a) Definition.--In this section, the term `supervisor' means--
            ``(1) a supervisor, as defined under section 7103(a)(10);
            ``(2) a management official, as defined under section
        7103(a)(11); or
            ``(3) any other employee as the Director of the Office of
        Personnel Management may by regulation prescribe.
    ``(b) Guidance.--The Director of the Office of Personnel Management
shall issue guidance to agencies on competencies supervisors are
expected to meet in order to effectively manage, and be accountable for
managing, the performance of employees.
    ``(c) Assessment by Agencies.--Based on guidance issued under
subsection (b) and on any additional competencies developed by an
agency, each agency shall assess the performance of the supervisors and
the overall capacity of the supervisors in that agency.
    ``(d) Reports.--Every year, or on any basis requested by the
Director of the Office of Personnel Management, each agency shall
submit to the Office of Personnel Management a report on the progress
of the agency in implementing this section, including measures used to
assess program effectiveness.''.
    (b) Technical and Conforming Amendments.--
            (1) Table of sections.--The table of sections for chapter
        43 of title 5, United States Code, is amended by striking the
        item relating to section 4305 and inserting the following:

``4305. Management competencies.
``4306. Regulations.''.
            (2) Reference.--Section 4304(b)(3) of title 5, United
        States Code, is amended by striking ``section 4305'' and
        inserting ``section 4306''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Film Disclosure Act of 1993''.

SEC. 2. AMENDMENT TO THE LANHAM ACT.

    Section 43 of the Act entitled ``An Act to provide for the
registration and protection of trade-marks used in commerce, to carry
out the provisions of certain international conventions, and for other
purposes'', approved July 5, 1946, commonly known as the Lanham Act (15
U.S.C. 1125), is amended by adding at the end the following:
    ``(c)(1)(A) Any distributor or network that proposes to exploit a
materially altered motion picture shall--
            ``(i) make a good faith effort to notify each artistic
        author of the motion picture in writing and by registered mail
        and in a reasonable amount of time prior to such exploitation;
            ``(ii) determine the objections of any artistic author so
        notified to any material alteration of the motion picture;
            ``(iii) determine the objection of any artistic author so
        notified by the questionnaire set forth in paragraph (9) to any
        type of future material alterations which are in addition to
        those specifically proposed for the motion picture to be
        exploited;
            ``(iv) if any objections under clause (ii) or (iii) are
        determined, include the applicable label under paragraph (6) or
        (8) in, or affix such label to, all copies of the motion
        picture before--
                    ``(I) the public performance of the materially
                altered motion picture if it is already in
                distribution, or
                    ``(II) the initial distribution of the materially
                altered motion picture to any exhibitor or retail
                provider; and
            ``(v) in the event of objections by an artistic author to
        any future material alterations, include or affix such
        objections to any copy of the motion picture distributed or
        transmitted to any exhibitor or retail provider.
    ``(B) Whenever a distributor or network exploits a motion picture
which has already been materially altered, such distributor or network
shall not be required to satisfy the requirements of subparagraph (A)
(i), (ii), and (iii), if--
            ``(i) such distributor or network does not further
        materially alter such motion picture; and
            ``(ii) such motion picture was materially altered by
        another distributor or network that complied fully with all of
        the requirements of subparagraph (A).
    ``(C)(i) The requirement of a good faith effort under subparagraph
(A)(i) is satisfied if a distributor or network that has not previously
been notified by each artistic author of a motion picture--
            ``(I) requests in writing the name and address of each
        artistic author of the motion picture from the appropriate
        professional guild, indicating a response date of not earlier
        than 30 days after the date of the request, by which the
        appropriate professional guild must respond; and
            ``(II) upon receipt of such information from the
        appropriate professional guild within the time specified in the
        request, notifies each artistic author of the motion picture in
        a reasonable amount of time before the exploitation of the
        motion picture by such network or distributor.
    ``(ii) The notice to each artistic author under this paragraph
shall contain a specific date, not earlier than 30 days after the date
of such notice, by which the individual so notified shall respond in
accordance with subparagraph (A)(ii). Failure of the artistic author or
the appropriate professional guild to respond within the time period
specified in the notice shall relieve the distributor or network of all
liability under subparagraph (A).
    ``(D) The requirements of this paragraph for an exhibitor shall be
limited to--
            ``(i) broadcasting, cablecasting, exhibiting, or
        distributing all labels required under this section in their
        entirety that are included with or distributed by the network
        or distributor of the motion picture; and
            ``(ii) including or affixing a label described in
        paragraphs (6) and (8) on a materially altered motion picture
        for any material alterations performed by the exhibitor to
        which any artistic author has objected under subparagraph
        (A)(iii).
    ``(E)(i) The provisions of this paragraph shall apply with respect
to motion pictures intended for home use through either retail purchase
or rental, except that no requirement imposed under this paragraph
shall apply to a motion picture which has been packaged for
distribution to retail providers before the effective date of this
subsection.
    ``(ii) The obligations under this paragraph of a retail provider of
motion pictures intended for home use shall be limited to including or
distributing all labels required under this paragraph in their entirety
that are affixed or included by a distributor or network.
    ``(F) There shall be no consideration in excess of one dollar given
in exchange for an artistic author's waiver of any objection or waiver
of the right to object under this subsection.
    ``(2)(A) Any artistic author of a motion picture that is exploited
within the United States who believes he or she is or is likely to be
damaged by a violation of this subsection may bring a civil action for
appropriate relief, as provided in this paragraph, on account of such
violation, without regard to the nationality or domicile of the
artistic author.
    ``(B)(i) In any action under subparagraph (A), the court shall have
power to grant injunctions, according to the principles of equity and
upon such terms as the court deems reasonable, to prevent the violation
of this subsection. Any such injunction may include a provision
directing the defendant to file with the court and serve on the
plaintiff, within 30 days after the service on the defendant of such
injunction, or such extended period as the court may direct, a report
in writing under oath setting forth in detail the manner and form in
which the defendant has complied with the injunction. Any such
injunction granted upon hearing, after notice to the defendant, by any
district court of the United States--
            ``(I) may be served on the parties against whom such
        injunction is granted anywhere in the United States where they
        may be found; and
            ``(II) shall be operative and may be enforced by
        proceedings to punish for contempt, or otherwise, by the court
        by which such injunction was granted, or by any other United
        States district court in whose jurisdiction the defendant may
        be found.
    ``(ii) When a violation of any right of an artistic author is
established in any civil action arising under this subsection, the
plaintiff shall be entitled to the remedies provided under section
35(a).
    ``(iii) In any action under subparagraph (A), the court may order
that all film packaging of a materially altered motion picture
(including film packages of motion pictures intended for home use
through either retail purchase or rental) that is the subject of the
violation shall be delivered up and destroyed.
    ``(C) No action shall be maintained under this paragraph unless it
is commenced within 1 year after the right of action accrues.
    ``(3) Any disclosure requirements imposed under the common law or
statutes of any State respecting the material alteration of motion
pictures are preempted by this subsection.
    ``(4) To facilitate the location of a potentially aggrieved party,
each artistic author of a motion picture may notify the copyright owner
of the motion picture or any appropriate professional guild. The
professional guilds may each maintain a Professional Guild Registry
including the names and addresses of artistic authors so notifying them
and may make available information contained in a Professional Guild
Registry in order to facilitate the location of any artistic author for
purposes of paragraph (1)(A). No cause of action shall accrue against
any professional guild for failure to create or maintain a Professional
Guild Registry or for any failure to provide information pursuant to
paragraph (1)(A)(i).
    ``(5) As used in this subsection--
            ``(A) the term `artistic author' means the principal
        director and principal screenwriter of a motion picture and, to
        the extent a motion picture is colorized or its photographic
        images materially altered, the principal cinematographer of the
        motion picture;
            ``(B) the term `colorize' means to add color, by whatever
        means, to a motion picture originally made in black and white,
        and the term `colorization' means the act of colorizing;.
            ``(C) the term `distributor'--
                    ``(i) means any person, vendor, or syndicator who
                engages in the wholesale distribution of motion
                pictures to any exhibitor, network, retail provider, or
                other person who publicly performs motion pictures by
                means of any technology, and
                    ``(ii) does not include laboratories or other
                providers of technical services to the motion picture,
                video, or television industry;
            ``(D) the term `editing' means the purposeful or accidental
        removal of existing material or insertion of new material;
            ``(E) the term `exhibitor' means any local broadcast
        station, cable system, airline, motion picture theater, or
        other person that publicly performs a motion picture by means
        of any technology;
            ``(F) the term `exploit' means to exhibit publicly or offer
        to the public through sale or lease, and the term
        `exploitation' means the act of exploiting;
            ``(G) the term `film' or `motion picture' means--
                    ``(i) a theatrical motion picture, after its
                publication, of 60 minutes duration or greater,
                intended for exhibition, public performance, public
                sale or lease, and
                    ``(ii) does not include episodic television
                programs of less than 60 minutes duration (exclusive of
                commercials), motion pictures prepared for private
                commercial or industrial purposes, or advertisements;
            ``(H) the term `lexiconning' means altering the sound track
        of a motion picture to conform the speed of the vocal or
        musical portion of the motion picture to the visual images of
        the motion picture, in a case in which the motion picture has
        been the subject of time compression or expansion;
            ``(I) the terms `materially alter' and `material
        alteration'--
                    ``(i) refer to any change made to a motion picture;
                    ``(ii) include, but are not limited to, the
                processes of colorization, lexiconning, time
                compression or expansion, panning and scanning, and
                editing; and
                    ``(iii) do not include insertions for commercial
                breaks or public service announcements, editing to
                comply with the requirements of the Federal
                Communications Commission (in this subparagraph
                referred to as the `FCC'), transfer of film to
                videotape or any other secondary media preparation of a
                motion picture for foreign distribution to the extent
                that subtitling and editing are limited to those
                alterations made under foreign standards which are no
                more stringent than existing FCC standards, or
                activities the purpose of which is the restoration of
                the motion picture to its original version;
            ``(J) the term `network' means any person who distributes
        motion pictures to broadcasting stations or cable systems on a
        regional or national basis for public performance on an
        interconnected basis;
            ``(K) the term `panning and scanning' means the process by
        which a motion picture, composed for viewing on theater
        screens, is adapted for viewing on television screens by
        modification of the ratio of width to height of the motion
        picture and the selection, by a person other than the principal
        director of the motion picture, of some portion of the entire
        picture for viewing;
            ``(L) the term `professional guild' means--
                    ``(i) in the case of directors, the Directors Guild
                of America (DGA);
                    ``(ii) in the case of screenwriters, the Writers
                Guild of America-West (WGA-W) and the Writers Guild of
                America-East (WGA-E); and
                    ``(iii) in the case of cinematographers, the
                International Photographers Guild (IPG), and the
                American Society of Cinematographers (ASC);
            ``(M) the term `Professional Guild Registry' means a list
        of names and addresses of artistic authors that is readily
        available from the files of a professional guild;
            ``(N) the term `publication' means, with respect to a
        motion picture, the first paid public exhibition of the work
        other than previews, trial runs, and festivals;
            ``(O) the term `retail provider' means the proprietor of a
        retail outlet that sells or leases motion pictures for home
        use;
            ``(P) the term `secondary media' means any medium,
        including, but not limited to, video cassette or video disc,
        other than television broadcast or theatrical release, for use
        on which motion pictures are sold, leased, or distributed to
        the public;
            ``(Q) the term `syndicator' means any person who
        distributes a motion picture to a broadcast television station,
        cable television system, or any other means of distribution by
        which programming is delivered to television viewers;
            ``(R) the terms `time compression' and `time expansion'
        mean the alteration of the speed of a motion picture or a
        portion thereof with the result of shortening or lengthening
        the running time of the motion picture; and
            ``(S) the term `vendor' means the wholesaler or packager of
        a motion picture which is intended for wholesale distribution
        to retail providers.
    ``(6)(A) A label for a materially altered version of a motion
picture intended for public performance or home use shall consist of a
panel card immediately preceding the commencement of the motion
picture, which bears one or more of the following statements, as
appropriate, in legible type and displayed on a conspicuous and
readable basis:
    `THIS FILM IS NOT THE VERSION ORIGINALLY RELEASED. ______ mins. and
______ secs. have been cut [or, if appropriate, added]. The director,
__________________ ____________________, and screenwriter, __________
__________, object because this alteration changes the narrative and/or
characterization. It has (also) been panned and scanned. The director
and cinematographer, __________ __________, object because this
alteration removes visual information and changes the composition of
the images. It has (also) been colorized. Colors have been added by
computer to the original black and white images. The director and
cinematographer object to this alteration because it eliminates the
black and white photography and changes the photographic images of the
actors. It has (also) been electronically speeded up (or slowed down).
The director objects because this alteration changes the pace of the
performances.'
    ``(B) A label for a motion picture that has been materially altered
in a manner not described by any of the label elements set forth in
subparagraph (A) shall contain a statement similar in form and
substance to those set forth in subparagraph (A) which accurately
describes the material alteration and the objection of the artistic
author.
    ``(7) A label for a motion picture which has been materially
altered in more than one manner, or of which an individual served as
more than one artistic author, need only state the name of the artistic
author once, in the first objection of the artistic author so listed.
In addition, a label for a motion picture which has been materially
altered in more than one manner need only state once, at the beginning
of the label: `THIS FILM IS NOT THE VERSION ORIGINALLY RELEASED.'.
    ``(8) A label for a film package of a materially altered motion
picture shall consist of--
            ``(A) an area of a rectangle on the front of the package
        which bears, as appropriate, one or more of the statements
        listed in paragraph (6) in a conspicuous and legible type in
        contrast by typography, layout, or color with other printed
        matter on the package; and
            ``(B) an area of a rectangle on the side of the package
        which bears, as appropriate, one or more of the statements
        listed in paragraph (6) in a conspicuous and legible type in
        contrast by typography, layout, or color with other printed
        matter on the package.
    ``(9) The questionnaire required under paragraph (1)(A)(iii) shall
consist of the following statement and related questions:
            `In order to conform [insert name of motion picture], of
        which you are an ``artistic author'', to ancillary media such
        as television, airline exhibition, video cassettes, video
        discs, or any other media, do you object to:
    `(a) Editing (purposeful or accidental deletion or addition of
program material)?
            Yes____________      No______________
    `(b) Time compression/time expansion/lexiconning?
            Yes____________      No______________
    `(c) Panning and scanning?
            Yes____________      No______________
    `(d) Colorization, if the motion picture was originally made in
black and white?
            Yes____________      No______________'.''

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 180
days after the date of the enactment of this Act.

HR 1731 IH----2


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Financial Derivatives Supervisory
Improvement Act of 1998''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) There should be consistency, coordination, and clarity
        in the regulation of derivative instruments used by financial
        institutions.
            (2) Banks and their affiliates developed, and remain the
        principal participants in, the derivatives markets.
            (3) Regulation of the derivatives markets directly affects
        the liquidity, efficiency, capital position, and safety and
        soundness of the banking industry and the safety and soundness
        of the Federal deposit insurance fund.
            (4) Regulation of the derivatives markets has profound
        consequences for the continued effectiveness of the bank
        supervisory process, including the capital provisions of the
        Federal banking agencies.
            (5) Statutes and regulations governing use of financial
        derivatives by depository institutions in the United States,
        including over-the-counter and exchange-traded derivatives,
        should be brought up to date to reflect the rapid evolution of
        the markets in recent years, framed so as to keep pace with
        changes in the markets brought on by the onrush of
        technological advances, and formulated in a manner that
        enhances the legal certainty of derivatives transactions.
            (6) The Congress desires interagency cooperation to
        harmonize, to the maximum extent possible, United States rules
        and regulations related to the derivatives markets.
            (7) Regulatory arbitrage is a fact of commerce, with market
        participants having the tendency to move to the weakest
        regulator.
            (8) The stability of the international financial system and
        the competitive position of United States financial
        institutions are jeopardized if foreign markets are regulated
        less prudently than United States markets.

SEC. 3. ESTABLISHMENT OF WORKING GROUP ON FINANCIAL DERIVATIVES.

    (a) Establishment; Composition.--There is established the Working
Group on Financial Derivatives, which shall consist of--
            (1) the Secretary of the Treasury;
            (2) the Chairman of the Board of Governors of the Federal
        Reserve System;
            (3) the Chairman of the Securities and Exchange Commission;
            (4) the Chairman of the Commodity Futures Trading
        Commission;
            (5) the Comptroller of the Currency;
            (6) the Director of the Office of Thrift Supervision;
            (7) the Chairperson of the Board of Directors of the
        Federal Deposit Insurance Corporation; and
            (8) the President of the Federal Reserve Bank of New York.
    (b) Chairmanship.--The Chairman of the Working Group on Financial
Derivatives shall be the Secretary of the Treasury.
    (c) Designation of Officers and Employees.--The members of the
Working Group on Financial Derivatives may, from time to time,
designate other officers or employees of their respective agencies to
assist in carrying out the duties on the Working Group on Financial
Derivatives.
    (d) Establishment of Advisory Committees.--In the development of
recommendations related to derivative products, the Working Group on
Financial Derivatives shall consult, to the widest extent possible,
with market participants, and may establish advisory committees
accordingly.
    (e) Sunset; Reports.--The Working Group on Financial Derivatives
shall cease to exist upon the enactment of legislation authorizing
appropriations for the Commodity Futures Trading Commission for any
fiscal year after fiscal year 2000. The Secretary of the Treasury and
the Chairman of the Board of Governors of the Federal Reserve System
shall submit to the Congress every 6 months, during the 4-year period
beginning on the date of such cessation, a report on the progress of
the implementation of the recommendations of the Working Group on
Financial Derivatives.

SEC. 4. STUDY AND RECOMMENDATIONS ON REGULATION OF DERIVATIVES MARKETS.

    (a) Study.--The Working Group on Financial Derivatives established
under section 2--
            (1) shall conduct a study on the regulation of the
        derivatives markets, including over-the-counter derivatives and
        exchange-traded derivatives, in which depository institutions,
        brokers or dealers registered under the Securities and Exchange
        Act of 1934, foreign banks, or affiliates of a depository
        institution or a foreign bank, participate; and
            (2) shall develop recommendations for modernizing and
        harmonizing statutes, regulations, and policies--
                    (A) to reflect changes in the markets described in
                paragraph (1);
                    (B) to improve their operations;
                    (C) to enhance legal certainty for all types of
                instruments related to such markets, including hybrid
                instruments and swap agreements; and
                    (D) to promote the harmonization of regulation of
                such markets worldwide.
    (b) Reports.--
            (1) Interim report.--Not later than 6 months after the date
        of the enactment of this Act, the Working Group on Financial
        Derivatives established under section 2 shall submit an interim
        report to the Congress describing the working group's progress.
            (2) Final report.--Not later than 1 year after the date of
        the enactment of this Act, the Working Group on Financial
        Derivatives established under section 2 shall submit a final
        report to the Congress describing the study conducted under
        subsection (a)(1) and containing the recommendations developed
        under subsection (a)(2).
            (3) Separate views.--The reports under paragraph (1) and
        (2) may include separately stated views of any member of the
        working group.

SEC. 5. PROTECTION OF INTERNATIONAL BANKING SYSTEM.

    To protect customers, stabilize the international financial system,
and underpin the safety and soundness of banking institutions in the
United States and the banking system around the world, the Government
of the United States and the Working Group on Financial Derivatives
should make a high priority continual negotiations to ensure that
foreign markets and regulatory bodies establish and maintain
regulations comparably prudent to those applicable in United States
markets.

SEC. 6. RESTRICTIONS RELATING TO HYBRID INSTRUMENTS AND SWAP
              AGREEMENTS.

    Notwithstanding any other provision of law--
            (1) during the period beginning on the date of the
        enactment of this Act and ending upon the enactment of
        legislation authorizing appropriations for the Commodity
        Futures Trading Commission for any fiscal year after fiscal
        year 2000, the Commodity Futures Trading Commission may not,
        without the approval of the Secretary of the Treasury, propose
        or promulgate any rule, regulation, or order, or issue any
        interpretive or policy statement, that restricts or regulates
        activity in a hybrid instrument or swap agreement--
                    (A) that is eligible for exemption under part 34 or
                35 of title 17, Code of Federal Regulations (as in
                effect on January 1, 1998); and
                    (B) to which a depository institution, a broker or
                dealer registered under the Securities and Exchange Act
                of 1934, a foreign bank, or an affiliate of a
                depository institution or a foreign bank, is a party;
                and
            (2) a hybrid instrument or swap agreement described in
        paragraph (1) that is entered into before the period described
        in such paragraph shall not be subject to section 2(a)(1)(B)(v)
        of the Commodity Exchange Act (7 U.S.C. 2a(a)(1)(B)(v)).

SEC. 7. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``depository institution'' has the meaning
        given such term in section 19(b)(1)(A) of the Federal Reserve
        Act (12 U.S.C. 461(b)(1)(A)).
            (2) The term ``foreign bank'' has the meaning given such
        term in section 1(b)(7) of the International Banking Act of
        1978 (12 U.S.C. 3101(b)(7)).


OF CLAIMS.

    (a) In General.--Except as otherwise provided for in this section,
the time for the commencement of a health care lawsuit shall be 3 years
after the date of manifestation of injury or 1 year after the claimant
discovers, or through the use of reasonable diligence should have
discovered, the injury, whichever occurs first.
    (b) General Exception.--The time for the commencement of a health
care lawsuit shall not exceed 3 years after the date of manifestation
of injury unless the tolling of time was delayed as a result of--
            (1) fraud;
            (2) intentional concealment; or
            (3) the presence of a foreign body, which has no
        therapeutic or diagnostic purpose or effect, in the person of
        the injured person.
    (c) Minors.--An action by a minor shall be commenced within 3 years
from the date of the alleged manifestation of injury except that if
such minor is under the full age of 6 years, such action shall be
commenced within 3 years of the manifestation of injury, or prior to
the eighth birthday of the minor, whichever provides a longer period.
Such time limitation shall be tolled for minors for any period during
which a parent or guardian and a health care provider or health care
organization have committed fraud or collusion in the failure to bring
an action on behalf of the injured minor.

SEC. 5. COMPENSATING PATIENT INJURY.

    (a) Unlimited Amount of Damages for Actual Economic Losses in
HEALTH Care Lawsuits.--In any health care lawsuit, nothing in this Act
shall limit the recovery by a claimant of the full amount of the
available economic damages, notwithstanding the limitation contained in
subsection (b).
    (b) Additional Noneconomic Damages.--In any health care lawsuit,
the amount of noneconomic damages recovered, if otherwise available
under applicable Federal or State law, may be as much as $250,000,
regardless of the number of parties against whom the action is brought
or the number of separate claims or actions brought with respect to the
same occurrence.
    (c) No Discount of Award for Noneconomic Damages.--In any health
care lawsuit--
            (1) an award for future noneconomic damages shall not be
        discounted to present value;
            (2) the jury shall not be informed about the maximum award
        for noneconomic damages under subsection (b);
            (3) an award for noneconomic damages in excess of $250,000
        shall be reduced either before the entry of judgment, or by
        amendment of the judgment after entry of judgment, and such
        reduction shall be made before accounting for any other
        reduction in damages required by law; and
            (4) if separate awards are rendered for past and future
        noneconomic damages and the combined awards exceed $250,000,
        the future noneconomic damages shall be reduced first.
    (d) Fair Share Rule.--In any health care lawsuit, each party shall
be liable for that party's several share of any damages only and not
for the share of any other person. Each party shall be liable only for
the amount of damages allocated to such party in direct proportion to
such party's percentage of responsibility. A separate judgment shall be
rendered against each such party for the amount allocated to such
party. For purposes of this section, the trier of fact shall determine
the proportion of responsibility of each party for the claimant's harm.

SEC. 6. MAXIMIZING PATIENT RECOVERY.

    (a) Court Supervision of Share of Damages Actually Paid to
Claimants.--
            (1) In general.--In any health care lawsuit, the court
        shall supervise the arrangements for payment of damages to
        protect against conflicts of interest that may have the effect
        of reducing the amount of damages awarded that are actually
        paid to claimants.
            (2) Contingency fees.--
                    (A) In general.--In any health care lawsuit in
                which the attorney for a party claims a financial stake
                in the outcome by virtue of a contingent fee, the court
                shall have the power to restrict the payment of a
                claimant's damage recovery to such attorney, and to
                redirect such damages to the claimant based upon the
                interests of justice and principles of equity.
                    (B) Limitation.--The total of all contingent fees
                for representing all claimants in a health care lawsuit
                shall not exceed the following limits:
                            (i) 40 percent of the first $50,000
                        recovered by the claimant(s).
                            (ii) 33\1/3\ percent of the next $50,000
                        recovered by the claimant(s).
                            (iii) 25 percent of the next $500,000
                        recovered by the claimant(s).
                            (iv) 15 percent of any amount by which the
                        recovery by the claimant(s) is in excess of
                        $600,000.
    (b) Applicability.--
            (1) In general.--The limitations in subsection (a) shall
        apply whether the recovery is by judgment, settlement,
        mediation, arbitration, or any other form of alternative
        dispute resolution.
            (2) Minors.--In a health care lawsuit involving a minor or
        incompetent person, a court retains the authority to authorize
        or approve a fee that is less than the maximum permitted under
        this section.
    (c) Expert Witnesses.--
            (1) Requirement.--No individual shall be qualified to
        testify as an expert witness concerning issues of negligence in
        any health care lawsuit against a defendant unless such
        individual--
                    (A) except as required under paragraph (2), is a
                health care professional who--
                            (i) is appropriately credentialed or
                        licensed in 1 or more States to deliver health
                        care services; and
                            (ii) typically treats the diagnosis or
                        condition or provides the type of treatment
                        under review; and
                    (B) can demonstrate by competent evidence that, as
                a result of training, education, knowledge, and
                experience in the evaluation, diagnosis, and treatment
                of the disease or injury which is the subject matter of
                the lawsuit against the defendant, the individual was
                substantially familiar with applicable standards of
                care and practice as they relate to the act or omission
                which is the subject of the lawsuit on the date of the
                incident.
            (2) Physician review.--In a health care lawsuit, if the
        claim of the plaintiff involved treatment that is recommended
        or provided by a physician (allopathic or osteopathic), an
        individual shall not be qualified to be an expert witness under
        this subsection with respect to issues of negligence concerning
        such treatment unless such individual is a physician.
            (3) Specialties and subspecialties.--With respect to a
        lawsuit described in paragraph (1), a court shall not permit an
        expert in one medical specialty or subspecialty to testify
        against a defendant in another medical specialty or
        subspecialty unless, in addition to a showing of substantial
        familiarity in accordance with paragraph (1)(B), there is a
        showing that the standards of care and practice in the two
        specialty or subspecialty fields are similar.
            (4) Limitation.--The limitations in this subsection shall
        not apply to expert witnesses testifying as to the degree or
        permanency of medical or physical impairment.

SEC. 7. ADDITIONAL HEALTH BENEFITS.

    (a) In General.--The amount of any damages received by a claimant
in any health care lawsuit shall be reduced by the court by the amount
of any collateral source benefits to which the claimant is entitled,
less any insurance premiums or other payments made by the claimant (or
by the spouse, parent, child, or legal guardian of the claimant) to
obtain or secure such benefits.
    (b) Preservation of Current Law.--Where a payor of collateral
source benefits has a right of recovery by reimbursement or subrogation
and such right is permitted under Federal or State law, subsection (a)
shall not apply.
    (c) Application of Provision.--This section shall apply to any
health care lawsuit that is settled or resolved by a fact finder.

SEC. 8. PUNITIVE DAMAGES.

    (a) Punitive Damages Permitted.--
            (1) In general.--Punitive damages may, if otherwise
        available under applicable State or Federal law, be awarded
        against any person in a health care lawsuit only if it is
        proven by clear and convincing evidence that such person acted
        with malicious intent to injure the claimant, or that such
        person deliberately failed to avoid unnecessary injury that
        such person knew the claimant was substantially certain to
        suffer.
            (2) Filing of lawsuit.--No demand for punitive damages
        shall be included in a health care lawsuit as initially filed.
        A court may allow a claimant to file an amended pleading for
        punitive damages only upon a motion by the claimant and after a
        finding by the court, upon review of supporting and opposing
        affidavits or after a hearing, after weighing the evidence,
        that the claimant has established by a substantial probability
        that the claimant will prevail on the claim for punitive
        damages.
            (3) Separate proceeding.--At the request of any party in a
        health care lawsuit, the trier of fact shall consider in a
        separate proceeding--
                    (A) whether punitive damages are to be awarded and
                the amount of such award; and
                    (B) the amount of punitive damages following a
                determination of punitive liability.
        If a separate proceeding is requested, evidence relevant only
        to the claim for punitive damages, as determined by applicable
        State law, shall be inadmissible in any proceeding to determine
        whether compensatory damages are to be awarded.
            (4) Limitation where no compensatory damages are awarded.--
        In any health care lawsuit where no judgment for compensatory
        damages is rendered against a person, no punitive damages may
        be awarded with respect to the claim in such lawsuit against
        such person.
    (b) Determining Amount of Punitive Damages.--
            (1) Factors considered.--In determining the amount of
        punitive damages under this section, the trier of fact shall
        consider only the following:
                    (A) the severity of the harm caused by the conduct
                of such party;
                    (B) the duration of the conduct or any concealment
                of it by such party;
                    (C) the profitability of the conduct to such party;
                    (D) the number of products sold or medical
                procedures rendered for compensation, as the case may
                be, by such party, of the kind causing the harm
                complained of by the claimant;
                    (E) any criminal penalties imposed on such party,
                as a result of the conduct complained of by the
                claimant; and
                    (F) the amount of any civil fines assessed against
                such party as a result of the conduct complained of by
                the claimant.
            (2) Maximum award.--The amount of punitive damages awarded
        in a health care lawsuit may not exceed an amount equal to two
        times the amount of economic damages awarded in the lawsuit or
        $250,000, whichever is greater. The jury shall not be informed
        of the limitation under the preceding sentence.
    (c) Liability of Health Care Providers.--A health care provider who
prescribes, or who dispenses pursuant to a prescription, a drug or
device (including blood products) approved by the Food and Drug
Administration shall not be named as a party to a product liability
lawsuit invoking such drug or device and shall not be liable to a
claimant in a class action lawsuit against the manufacturer,
distributor, or product seller of such drug or device.

SEC. 9. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO CLAIMANTS IN
              HEALTH CARE LAWSUITS.

    (a) In General.--In any health care lawsuit, if an award of future
damages, without reduction to present value, equaling or exceeding
$50,000 is made against a party with sufficient insurance or other
assets to fund a periodic payment of such a judgment, the court shall,
at the request of any party, enter a judgment ordering that the future
damages be paid by periodic payments in accordance with the Uniform
Periodic Payment of Judgments Act promulgated by the National
Conference of Commissioners on Uniform State Laws.
    (b) Applicability.--This section applies to all actions which have
not been first set for trial or retrial before the effective date of
this Act.

SEC. 10. EFFECT ON OTHER LAWS.

    (a) Vaccine Injury.--
            (1) In general.--To the extent that title XXI of the Public
        Health Service Act establishes a Federal rule of law applicable
        to a civil action brought for a vaccine-related injury or
        death--
                    (A) this Act shall not affect the application of
                the rule of law to such an action; and
                    (B) any rule of law prescribed by this Act in
                conflict with a rule of law of such title XXI shall not
                apply to such action.
            (2) Exception.--If there is an aspect of a civil action
        brought for a vaccine-related injury or death to which a
        Federal rule of law under title XXI of the Public Health
        Service Act does not apply, then this Act or otherwise
        applicable law (as determined under this Act) will apply to
        such aspect of such action.
    (b) Other Federal Law.--Except as provided in this section, nothing
in this Act shall be deemed to affect any defense available to a
defendant in a health care lawsuit or action under any other provision
of Federal law.

SEC. 11. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS.

    (a) HEALTH Care Lawsuits.--The provisions governing health care
lawsuits set forth in this Act shall preempt, subject to subsections
(b) and (c), State law to the extent that State law prevents the
application of any provisions of law established by or under this Act.
The provisions governing health care lawsuits set forth in this Act
supersede chapter 171 of title 28, United States Code, to the extent
that such chapter--
            (1) provides for a greater amount of damages or contingent
        fees, a longer period in which a health care lawsuit may be
        commenced, or a reduced applicability or scope of periodic
        payment of future damages, than provided in this Act; or
            (2) prohibits the introduction of evidence regarding
        collateral source benefits.
    (b) Preemption of Certain State Laws.--The provisions of this Act
shall preempt any constitutional provision, statute, or rule of State
law, whether enacted prior to, on, or after the date of enactment of
this Act, that--
            (1) prohibits the application of any limitation on the
        amount of compensatory, punitive, or total damages in a health
        care lawsuit; or
            (2) provides for a greater amount of compensatory,
        punitive, or total damages in a health care lawsuit than those
        provided for under this Act.
    (c) Protection of State's Rights and Other Laws.--
            (1) In general.--Any issue that is not governed by a
        provision of law established by or under this Act (including
        the State standards of negligence) shall be governed by
        otherwise applicable Federal or State law.
            (2) Rule of construction.--Nothing in this Act shall be
        construed to--
                    (A) preempt or supersede any Federal or State law
                that imposes greater procedural or substantive
                protections (such as a shorter statute of limitations)
                for a health care provider, health care organization,
                or the manufacturer, distributor, supplier, marketer,
                promoter, or seller of a medical product from
                liability, loss, or damages than those provided by this
                Act;
                    (B) create a cause of action that is not otherwise
                available under Federal or State law; or
                    (C) affect the scope of preemption of any other
                Federal law.

SEC. 12. APPLICABILITY; EFFECTIVE DATE.

    This Act shall apply to any health care lawsuit brought in a
Federal or State court, or subject to an alternative dispute resolution
system, that is initiated on or after the date of the enactment of this
Act, except that any health care lawsuit arising from an injury
occurring prior to the date of enactment of this Act shall be governed
by the applicable statute of limitations provisions in effect at the
time the injury occurred.