SECTION 1. RESTORATION OF IMPORT AND ENTRY AGRICULTURAL INSPECTION
              FUNCTIONS TO THE DEPARTMENT OF AGRICULTURE.

    (a) Repeal of Transfer of Functions.--Section 421 of the Homeland
Security Act of 2002 (6 U.S.C. 231) is repealed.
    (b) Conforming Amendment to Function of Secretary of Homeland
Security.--Section 402 of the Homeland Security Act of 2002 (6 U.S.C.
202) is amended--
            (1) by striking paragraph (7); and
            (2) by redesignating paragraph (8) as paragraph (7).
    (c) Transfer Agreement.--
            (1) In general.--Not later than the effective date
        described in subsection (g), the Secretary of Agriculture and
        the Secretary of Homeland Security shall enter into an
        agreement to effectuate the return of functions required by the
        amendments made by this section.
            (2) Use of certain employees.--The agreement may include
        authority for the Secretary of Agriculture to use employees of
        the Department of Homeland Security to carry out authorities
        delegated to the Animal and Plant Health Inspection Service
        regarding the protection of domestic livestock and plants.
    (d) Restoration of Department of Agriculture Employees.--Not later
than the effective date described in subsection (e), all full-time
equivalent positions of the Department of Agriculture transferred to
the Department of Homeland Security under section 421(g) of the
Homeland Security Act of 2002 (6 U.S.C. 231(g)) (as in effect on the
day before the effective date described in subsection (g)) shall be
restored to the Department of Agriculture.
    (e) Authority of APHIS.--
            (1) Establishment of program.--The Secretary of Agriculture
        shall establish within the Animal and Plant Health Inspection
        Service a program, to be known as the ``International
        Agricultural Inspection Program'', under which the
        Administrator of the Animal and Plant Health Inspection Service
        (referred to in this subsection as the ``Administrator'') shall
        carry out import and entry agricultural inspections.
            (2) Information gathering and inspections.--In carrying out
        the program under paragraph (1), the Administrator shall have
        full access to--
                    (A) each secure area of any terminal for screening
                passengers or cargo under the control of the Department
                of Homeland Security on the day before the date of
                enactment of this Act for purposes of carrying out
                inspections and gathering information; and
                    (B) each database (including any database relating
                to cargo manifests or employee and business records)
                under the control of the Department of Homeland
                Security on the day before the date of enactment of
                this Act for purposes of gathering information.
            (3) Inspection alerts.--The Administrator may issue
        inspection alerts, including by indicating cargo to be held for
        immediate inspection.
            (4) Inspection user fees.--The Administrator may, as
        applicable--
                    (A) continue to collect any agricultural quarantine
                inspection user fee; and
                    (B) administer any reserve account for the fees.
            (5) Career track program.--
                    (A) In general.--The Administrator shall establish
                a program, to be known as the ``import and entry
                agriculture inspector career track program'', to
                support the development of long-term career
                professionals with expertise in import and entry
                agriculture inspection.
                    (B) Strategic plan and training.--In carrying out
                the program under this paragraph, the Administrator, in
                coordination with the Secretary of Agriculture, shall--
                            (i) develop a strategic plan to incorporate
                        import and entry agricultural inspectors into
                        the infrastructure protecting food, fiber,
                        forests, bioenergy, and the environment of the
                        United States from animal and plant pests,
                        diseases, and noxious weeds; and
                            (ii) as part of the plan under clause (i),
                        provide training for import and entry
                        agricultural inspectors participating in the
                        program not less frequently than once each year
                        to improve inspection skills.
    (f) Duties of Secretary.--
            (1) In general.--The Secretary of Agriculture (referred to
        in this subsection as the ``Secretary'') shall--
                    (A) develop standard operating procedures for
                inspection, monitoring, and auditing relating to import
                and entry agricultural inspections, in accordance with
                recommendations from the Comptroller General of the
                United States and reports of interagency advisory
                groups, as applicable; and
                    (B) ensure that the Animal and Plant Health
                Inspection Service has a national electronic system
                with real-time tracking capability for monitoring,
                tracking, and reporting inspection activities of the
                Service.
            (2) Federal and state cooperation.--
                    (A) Communication system.--The Secretary shall
                develop and maintain an integrated, real-time
                communication system with respect to import and entry
                agricultural inspections to alert State departments of
                agriculture of significant inspection findings of the
                Animal and Plant Health Inspection Service.
                    (B) Advisory committee.--
                            (i) Establishment.--The Secretary shall
                        establish a committee, to be known as the
                        ``International Trade Inspection Advisory
                        Committee'' (referred to in this subparagraph
                        as the ``committee''), to advise the Secretary
                        on policies and other issues relating to import
                        and entry agricultural inspection.
                            (ii) Model.--In establishing the committee,
                        the Secretary shall use as a model the
                        Agricultural Trade Advisory Committee.
                            (iii) Membership.--The committee shall be
                        composed of members representing--
                                    (I) State departments of
                                agriculture;
                                    (II) directors of ports and
                                airports in the United States;
                                    (III) the transportation industry;
                                    (IV) the public; and
                                    (V) such other entities as the
                                Secretary determines to be appropriate.
            (3) Report.--Not less frequently than once each year, the
        Secretary shall submit to Congress a report containing an
        assessment of--
                    (A) the resource needs for import and entry
                agricultural inspection, including the number of
                inspectors required;
                    (B) the adequacy of--
                            (i) inspection and monitoring procedures
                        and facilities in the United States; and
                            (ii) the strategic plan developed under
                        subsection (e)(5)(B)(i); and
                    (C) new and potential technologies and practices,
                including recommendations regarding the technologies
                and practices, to improve import and entry agricultural
                inspection.
            (4) Funding.--The Secretary shall pay the costs of each
        import and entry agricultural inspector employed by the Animal
        and Plant Health Inspection Service--
                    (A) from amounts made available to the Department
                of Agriculture for the applicable fiscal year; or
                    (B) if amounts described in subparagraph (A) are
                unavailable, from amounts of the Commodity Credit
                Corporation.
    (g) Effective Date.--The amendments made by this section take
effect on the date that is 180 days after the date of enactment of this
Act.

Summary: Amends the Homeland Security Act to repeal the transfer of agricultural import and entry inspection functions from the Department of Agriculture to the Department of Homeland Security (DHS). Directs the Secretary of Agriculture to establish within the Animal and Plant Health Inspection Service the international agricultural inspection program to carry out import and entry agricultural inspections.

A bill to restore import and entry agricultural inspection functions to the Department of Agriculture.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Guard and Reserve Education
Act of 2004''.

SEC. 2. INCREASE IN RATE OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE
              SELECTED RESERVE AS ADMINISTERED BY THE SECRETARY OF
              VETERANS AFFAIRS.

    (a) Increase in Rate of Assistance.--Subsection (b)(1) of section
16131 of title 10, United States Code, is amended--
            (1) in subparagraph (A), by striking ``$251'' and inserting
        ``$400'';
            (2) by striking subparagraphs (B) and (C);
            (3) by redesignating subparagraph (D) as subparagraph (B);
        and
            (4) in subparagraph (B), as so redesignated, by striking
        ``for each month of less than half-time pursuit'' and inserting
        ``for each month of less than full-time pursuit''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to months beginning after the date of the enactment
of this Act.
    (c) No CPI Adjustment for Fiscal Year 2005.--Paragraph (2) of
section 16131(b) of such title shall not apply to rates of basic
educational assistance paid under such section during fiscal year 2005.

SEC. 3. PAYMENT OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED
              RESERVE CALLED UP FOR SERVICE FOR CUMULATIVE PERIOD OF
              180 DAYS OR MORE AT THE RATE APPLICABLE UNDER CHAPTER 30
              OF TITLE 38, UNITED STATES CODE.

    (a) Increase.--Section 16131 of title 10, United States Code, is
amended by adding at the end the following new subsection:
    ``(j)(1) In the case of a person described in paragraph (2), the
rate payable under subsection (b) or subsection (c) to such person for
such educational assistance for each month shall be paid at the rate
applicable under section 3015(b) of title 38.
    ``(2) A person referred to in paragraph (1) is a person who is
entitled to educational assistance under this chapter--
            ``(A) who, on or after September 11, 2001, serves a period
        of active duty of at least 180 days of active duty pursuant to
        an order to serve on active duty under section 12301(a),
        12301(d), 12301(g), 12302, or 12304 of this title during a five
        year period, or
            ``(B) in the case of a member of the Army National Guard of
        the United States or Air National Guard of the United States,
        who, on or after September 11, 2001, performed full time
        National Guard duty under section 502(f) of title 32 for at
        least 180 days during a five year period when authorized by the
        President or Secretary of Defense for the purpose of responding
        to a national emergency declared by the President and supported
        by Federal funds.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to payments of educational assistance under chapter
1606 of such title for months beginning after September 30, 2004.

SEC. 4. MODIFICATION OF DELIMITING DATE FOR USE OF ENTITLEMENT.

    (a) In General.--Section 16133 of title 10, United States Code, is
amended--
            (1) in subsection (a), by striking ``subsection (b)'' and
        inserting ``subsections (b) and (c)''; and
            (2) by adding at the end the following new subsection:
    ``(c) In the case of a person described in section 16131(j)(2) of
this title, the period during which such person may use such person's
entitlement to educational assistance under this chapter expires at the
end of the 14-year period beginning on the date that is the last day of
the person's last duty referred to in such section.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect on September 30, 2004, and shall apply to members of the
Selected Reserve entitled to educational assistance under chapter 1606
of title 10, United States Code, on or after that date.

SEC. 5. AUTHORITY FOR MEMBERS OF THE SELECTED RESERVE ENTITLED TO
              RETIRED PAY TO TRANSFER ENTITLEMENT TO BASIC EDUCATIONAL
              ASSISTANCE.

    (a) Establishment of Authority to Transfer Entitlement.--(1)
Chapter 1606 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 16138. Transfer of entitlement to basic educational assistance
              by members of the Selected Reserve entitled to retired
              pay
    ``(a) In General.--Subject to the provisions of this section, each
Secretary concerned may permit an individual described in subsection
(b) who is entitled to basic educational assistance under this chapter
to elect to transfer to one or more of the dependents specified in
subsection (c) a portion of such individual's entitlement to such
assistance.
    ``(b) Eligible Individuals.--An individual referred to in
subsection (a) is an individual who--
            ``(1) is entitled to retired pay under chapter 1223; and
            ``(2) is entitled to educational assistance under this
        chapter.
    ``(c) Eligible Dependents.--An individual approved to transfer an
entitlement to basic educational assistance under this section may
transfer the individual's entitlement as follows:
            ``(1) To the individual's spouse.
            ``(2) To one or more of the individual's children.
            ``(3) To a combination of the individuals referred to in
        paragraphs (1) and (2).
    ``(d) Designation of Transferee.--An individual transferring an
entitlement to basic educational assistance under this section shall--
            ``(1) designate the dependent or dependents to whom such
        entitlement is being transferred;
            ``(2) designate the number of months of such entitlement to
        be transferred to each such dependent; and
            ``(3) specify the period for which the transfer shall be
        effective for each dependent designated under paragraph (1).
Each designation under this section shall be made in writing and shall
be transmitted to the Secretary concerned and the Secretary of Veterans
Affairs.
    ``(e) Time for Transfer; Revocation and Modification.--(1) Subject
to the time limitation for use of entitlement under section 16133 of
this title, an individual approved to transfer entitlement to basic
educational assistance under this section may transfer such entitlement
at any time after the approval of the individual's request to transfer
such entitlement without regard to whether the individual is a member
of the Armed Forces when the transfer is executed.
    ``(2)(A) An individual transferring entitlement under this section
may modify or revoke at any time the transfer of any unused portion of
the entitlement so transferred.
    ``(B) The modification or revocation of the transfer of entitlement
under this paragraph shall be made by the submittal of written notice
of the action to both the Secretary concerned and the Secretary of
Veterans Affairs.
    ``(f) Commencement of Use.--In the case of entitlement transferred
to a child to whom entitlement to basic educational assistance is
transferred under this section, the child may not commence the use of
the transferred entitlement until either--
            ``(1) the completion by the child of the requirements of a
        secondary school diploma (or equivalency certificate); or
            ``(2) the attainment by the child of 18 years of age.
    ``(g) Additional Administrative Matters.--(1) The use of any
entitlement to basic educational assistance transferred under this
section shall be charged against the entitlement of the individual
making the transfer at the rate of one month for each month of
transferred entitlement that is used.
    ``(2) Except as provided under subsection (d)(2) and subject to
paragraphs (4) and (5), a dependent to whom entitlement is transferred
under this section is entitled to basic educational assistance under
this chapter in the same manner and at the same rate as the individual
from whom the entitlement was transferred.
    ``(3)(A) The death of an individual transferring an entitlement
under this section shall not affect the use of the entitlement by the
dependent to whom the entitlement is transferred.
    ``(B) Entitlement may only be transferred under this section before
the date of death of the individual making the transfer.
    ``(4) A child to whom entitlement is transferred under this section
may not use any entitlement so transferred after attaining the age of
26 years.
    ``(5) The administrative provisions of chapter 30 of title 38
(including the provisions set forth in section 3034(a)(1) of that
title) shall apply to the use of entitlement transferred under this
section, except that the dependent to whom the entitlement is
transferred shall be treated as the eligible veteran for purposes of
such provisions.
    ``(6) The purposes for which a dependent to whom entitlement is
transferred under this section may use such entitlement shall include
the pursuit and completion of the requirements of a secondary school
diploma (or equivalency certificate).
    ``(h) Overpayment.--In the event of an overpayment of basic
educational assistance with respect to a dependent to whom entitlement
is transferred under this section, the dependent and the individual
making the transfer shall be jointly and severally liable to the United
States for the amount of the overpayment for purposes of section 3685
of title 38.
    ``(i) Approvals of Transfer Subject to Availability of
Appropriations.--The Secretary concerned may approve transfers of
entitlement to basic educational assistance under this section in a
fiscal year only to the extent that appropriations for military
personnel are available in that fiscal year for purposes of making
deposits in the Department of Defense Education Benefits Fund under
section 2006 of this title in that fiscal year to cover the present
value of future benefits payable from the Fund for the Department of
Defense portion of payments of basic educational assistance
attributable to increased usage of benefits as a result of such
transfers of entitlement in that fiscal year.
    ``(j) Regulations.--After consultation with the Secretary of
Veterans Affairs, the Secretary of Defense shall prescribe regulations
for purposes of this section. Such regulations shall specify the manner
and effect of an election to modify or revoke a transfer of entitlement
under subsection (e)(2) and shall specify the manner of the
applicability of the administrative provisions referred to in
subsection (g)(5) to a dependent to whom entitlement is transferred
under this section.
    ``(k) Annual Report.--(1) As part of the report required under
section 3020(l) of title 38, (beginning in 2006), the Secretary of
Defense shall include information on the transfers of entitlement to
basic educational assistance under this section that were approved by
each Secretary concerned during the preceding fiscal year.
    ``(2) Each report shall set forth--
            ``(A) the number of transfers of entitlement under this
        section that were approved by such Secretary during the
        preceding fiscal year; or
            ``(B) if no transfers of entitlement under this section
        were approved by such Secretary during that fiscal year, a
        justification for such Secretary's decision not to approve any
        such transfers of entitlement during that fiscal year.''.
    (2) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``16138. Transfer of entitlement to basic educational assistance by
                            members of the Selected Reserve entitled to
                            retired pay.''.
    (b) Conforming Amendment.--Section 3020 of title 38, United States
Code, is amended--
            (1) by redesignating subsection (m) as subsection (n); and
            (2) by inserting after subsection (l) the following new
        subsection:
    ``(m) Coordination With Authority for Transfers Under the Reserve
Montgomery GI Bill.--In carrying out this section and section 16138 of
title 10, each Secretary concerned shall take such steps as may be
necessary to ensure that a transfer of entitlement under each such
section is made pursuant to the applicable requirements of such
sections.''.

SEC. 7. REQUIREMENT FOR THE SECRETARY OF VETERANS AFFAIRS TO REPORT TO
              CONGRESS ON TRANSFERS OF ENTITLEMENT BY MEMBERS OF THE
              SELECTED RESERVE ENTITLED TO RETIRED PAY.

    (a) In General.--Subchapter II of chapter 30 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 3020A. Annual report on transfers of entitlement to basic
              educational assistance by members of the Selected Reserve
              entitled to retired pay
    ``(a) Inclusion in Annual Report.--As part of the annual report
submitted to the Congress under section 529 of this title, the
Secretary shall include a description of the operation of the program
for transfer of entitlement to basic educational assistance by members
of the selected reserve entitled to retired pay under section 16138 of
title 10.
    ``(b) Specific Information Required.--The Secretary shall include
in the description required under subsection (a) the following
information:
            ``(1) The aggregate number of transfers of entitlement made
        during the preceding year.
            ``(2) The type of programs of education pursued by
        dependents to whom entitlement was so transferred.
            ``(3) The number of spouses to whom entitlement was so
        transferred.
            ``(4) The number of dependent children to whom entitlement
        was so transferred.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

Summary: National Guard and Reserve Education Act of 2004 - Increases the monthly rate of educational assistance for members of the Selected Reserve who pursue full-time studies. Requires the Secretary of Veterans Affairs to prescribe by regulation the rate of assistance for less than full-time studies. Establishes an educational assistance benefit for reservists and National Guard members who, on or after September 11, 2001, serve at least 180 days within a five-year period of active duty in a contingency operation. Authorizes such persons to use their educational assistance entitlement during a 14-year period beginning on the last day of duty. Authorizes members of the Selected Reserve who are entitled to retired pay and basic educational assistance to transfer a portion of their educational entitlement to eligible dependents. Requires the Secretary to report on such transfers in the Secretary's annual report to Congress.

To amend titles 10 and 38, United States Code, to improve educational benefits for members of the Selected Reserve, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equal Employment Opportunity
Commission Amendments of 1993''.

SEC. 2. INCREASED ENFORCEMENT POWERS FOR THE EQUAL EMPLOYMENT
              OPPORTUNITY COMMISSION.

    Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is
amended by adding at the end thereof the following:
    ``(f)(1) If any agency, department, or unit referred to in
subsection (a) fails to submit the plan required under subsection (b)
by the time established by the Commission, the Commission may request
the head of such agency, department, or unit (or the designated
representative of such individual) to appear before the Commission to
explain the reasons for the failure to submit the plan and to present
any objections to any requirement of the Commission with respect to
such plan.
    ``(2) If, after the head of any agency, department, or unit
described in paragraph (1) has been given an opportunity for hearing by
the Commission pursuant to such paragraph, such agency, department, or
unit has not submitted the plan required under subsection (b), the
Commission shall order such agency, department, or unit or any officer
or employee of such agency, department, or unit to submit the plan
before the end of such period as the Commission determines to be
reasonable. The Commission shall enforce compliance with such order.
    ``(3)(A) In enforcing compliance with any order under paragraph
(2), the Commission may initiate a proceeding to determine--
            ``(i) who is the officer or employee of the United States
        responsible for the failure of the agency, department, or unit
        to comply with such order and the circumstances surrounding the
        failure to comply, and
            ``(ii) whether any disciplinary action is warranted against
        such officer or employee for such failure to comply.
The Commission, after investigation and consideration of the evidence
submitted, shall submit its findings and recommendations to the
administrative head of the agency, department, or unit in which such
officer or employee is employed and shall send copies of the findings
to the officer or employee or his representative. The administrative
head of the agency, department, or unit in which such officer or
employee is employed shall take any action recommended by the
Commission.
    ``(B) In enforcing compliance with any order under paragraph (2),
the Commission may issue an order that--
            ``(i) any officer or employee of the agency, department, or
        unit charged with complying with the order under paragraph (2),
        or
            ``(ii) any officer or employee of the United States
        determined under subparagraph (A) to be responsible for the
        failure of the agency, department, or unit to comply with the
        order under paragraph (2),
who is not an officer or employee appointed by the President by and
with the advice and consent of the Senate, shall not be entitled to
receive payment for service as an officer or employee for the period
during which the order under paragraph (2) has not been complied with.
The Commission shall certify to the Comptroller General of the United
States that an order under this paragraph has been issued and no
payment shall be made out of the Treasury of the United States for any
service specified in such order.
    ``(C) In enforcing compliance with any order under paragraph (2)
with respect to any officer or employee described in clause (i) or (ii)
of subparagraph (B) who is an officer or employee appointed by the
President by and with the advice and consent of the Senate, the
Commission may notify the President that such officer or employee has
failed to obey a lawfully issued order of the Commission.
    ``(g)(1) The authority of the Commission under section 710 to
summon witnesses and compel the production of evidence includes the
authority to subpoena any officer or employee of the United States who
has custody of any information which the Commission determines to be
necessary or appropriate to enable it to carry out any duty imposed
under this section and to compel the production of such evidence by
such officer or employee.
    ``(2) The authority of the Commission under section 710 to apply
for the aid of a district court of the United States to summon
witnesses and compel the production of evidence includes the authority
to seek such aid to summon officers or employees of the United States
as witnesses and to compel the production of evidence referred to in
paragraph (1).
    ``(3) For purposes of any civil action relating to any subpoena
issued by the Commission to summon a witness or compel the production
of any evidence referred to in paragraph (1), the limitation contained
in section 705(b)(2) shall not apply.''.

SEC. 3. CLARIFICATION OF CONGRESSIONAL INTENT WITH RESPECT TO CONTENT
              OF AFFIRMATIVE ACTION PLANS.

    (a) Employment Goals.--Section 717(b) is amended by inserting
before the last sentence the following:
``Such plan shall also include the numerical employment goals
established by such agency, department, or unit under section 7201(d)
of title 5, United States Code.''.
    (b) Conforming Amendment.--Section 7201(d)(1) of title 5, United
States Code, is amended by striking ``; and'' at the end thereof and
inserting the following: ``which shall include the requirement that
each Executive agency shall establish numerical employment goals for
the purpose of measuring the progress of such agency toward achieving
the requirements of this section and section 717(a) of the Civil Rights
Act of 1964;''.

Summary: Equal Employment Opportunity Commission Amendments of 1993 - Amends the Civil Rights Act of 1964 to authorize the Equal Employment Opportunity Commission to request a head of a Federal agency, department, or unit to appear before the Commission and explain the reason for failing to submit an equal employment opportunity plan. Directs the Commission, after an opportunity for a hearing, to order submission of a plan. Requires the Commission to enforce compliance with such order. Authorizes the Commission to initiate disciplinary action, including the withholding of pay, against any officer or employee responsible for failure to comply with an order. States that equal employment opportunity plans shall include the numerical employment goals established by an agency in its minority recruitment program and that each agency should establish numerical employment goals for the purpose of complying with affirmative action plans.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Puget Sound Regional Shellfish
Settlement Act of 2006''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the Tribes have established treaty rights to take
        shellfish from public and private tidelands in Washington
        State, including from some lands owned, leased, or otherwise
        subject to harvest by commercial shellfish Growers;
            (2) the district court that adjudicated the Tribes' treaty
        rights to take shellfish found that the Growers are innocent
        purchasers who had no notice of the Tribes' fishing right when
        they acquired their properties;
            (3) numerous unresolved issues remain outstanding regarding
        implementation of the Tribes' treaty right to take shellfish
        from lands owned, leased, or otherwise subject to harvest by
        the Growers;
            (4) the Tribes, the Growers, the State of Washington, and
        the United States Department of the Interior have resolved by a
        Settlement Agreement many of the disputes between and among
        them regarding implementation of the Tribes' treaty right to
        take shellfish from covered tidelands owned or leased by the
        Growers;
            (5) the Settlement Agreement does not provide for
        resolution of any claims to take shellfish from lands owned or
        leased by the Growers that potentially may be brought in the
        future by ``Other Tribes'';
            (6) in the absence of congressional actions, the prospect
        of ``Other Tribes'' claims to take shellfish from lands owned
        or leased by the Growers could be pursued through the courts, a
        process which in all likelihood could consume many years and
        thereby promote uncertainty in the State of Washington and the
        Growers and to the ultimate detriment of both the Tribes and
        Other Tribes and their members;
            (7) in order to avoid this uncertainty, it is the intent of
        Congress that Other Tribes have the option of resolving their
        claims, if any, to a treaty right to take shellfish from
        covered tidelands owned or leased by the Growers; and
            (8) this Act represents a good faith effort on the part of
        Congress to extend to Other Tribes the same fair and just
        option of resolving their claims to take shellfish from covered
        tidelands owned or leased by the Growers that the Tribes have
        agreed to in the Settlement Agreement.
    (b) Purpose.--The purposes of this Act are--
            (1) to approve, ratify, and confirm the Settlement
        Agreement entered into by and among the Tribes, commercial
        shellfish growers, the State of Washington and the United
        States on _____, 2006;
            (2) to provide Other Tribes with a fair and just resolution
        of any claims to take shellfish from ``covered tidelands'', as
        that term is defined in the Settlement Agreement, that
        potentially could be brought in the future by Other Tribes; and
            (3) to authorize the Secretary to implement the terms and
        conditions of the Settlement Agreement and this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Fund.--The term ``Fund'' means the Puget Sound
        Shellfish Settlement Trust Fund Account established by this
        Act.
            (2) Growers.--The term ``Growers'' means Taylor United,
        Inc.; Olympia Oyster Company; G.R. Clam & Oyster Farm; Cedric
        E. Lindsay; Minterbrook Oyster Company; Charles and Willa
        Murray; Skookum Bay Oyster Company; J & G Gunstone Clams, Inc.;
        and all persons who qualify as ``growers'' in accordance with
        and pursuant to the Settlement Agreement.
            (3) Other tribes.--The term ``Other Tribes'' means any
        federally recognized Indian nation or tribe other than the
        Tribes defined by this section that, within 20 years after the
        deposit of funds in the Special Holding Account, establishes a
        legally enforceable treaty right to take shellfish from covered
        tidelands described in the Settlement Agreement, owned, leased
        or otherwise subject to harvest by those persons or entities
        that qualify as Growers.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (5) Settlement agreement.--The term ``Settlement
        Agreement'' means the Settlement Agreement entered into by and
        between the Tribes, commercial shellfish Growers, the State of
        Washington and the United States, signed on _________, 2006, to
        resolve certain disputes between and among them regarding
        implementation of the Tribes' treaty right to take shellfish
        from certain covered tidelands owned, leased or otherwise
        subject to harvest by the Growers.
            (6) Tribes.--The term ``Tribes'' means the following
        federally recognized Tribes that executed the Settlement
        Agreement: Tulalip, Stillaguamish, Sauk Suiattle, Puyallup,
        Squaxin Island, Makah, Muckleshoot, Upper Skagit, Nooksack,
        Nisqually, Skokomish, Port Gamble S'Klallam, Lower Elwha
        Klallam, Jamestown S'Klallam, and Suquamish Tribes, the Lummi
        Nation, and the Swinomish Indian Tribal Community.
            (7) Special holding account.--The term ``Special Holding
        Account'' means the Puget Sound Shellfish Settlement Special
        Holding Account established by this Act.

SEC. 4. APPROVAL OF SETTLEMENT AGREEMENT.

    (a) In General.--The Settlement Agreement is hereby approved,
ratified, and confirmed, and section 6 of the Settlement Agreement,
Release of Claims, is specifically adopted and incorporated into this
Act as if fully set forth herein.
    (b) Authorization for Implementation.--The Secretary is hereby
authorized to implement the terms and conditions of the Settlement
Agreement in accordance with the Settlement Agreement and this Act.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated the sum of $23,500,000 to
carry out this Act as follows:
            (1) $2,000,000 for fiscal year 2007.
            (2) $5,000,000 for each of fiscal years 2008 through 2010.
            (3) $6,500,000 for fiscal year 2011.

SEC. 6. FUND, SPECIAL HOLDING ACCOUNT, AND CONDITIONS.

    (a) Puget Sound Regional Shellfish Settlement Trust Fund.--
            (1) There is hereby established in the Treasury of the
        United States an account to be designated as the ``Puget Sound
        Regional Shellfish Settlement Trust Fund''. The Secretary shall
        deposit funds in the amount of $22,000,000 at such time as
        appropriated pursuant to section 5 into the Fund.
            (2) The Fund shall be maintained and invested by the
        Secretary of the Interior pursuant to the Act of June 24, 1938
        as amended (25 U.S.C. 162a) until such time that all monies are
        transferred from the Fund.
            (3) The Secretary shall transfer monies held in the Fund to
        each Tribe of the Tribes in the amounts and manner specified by
        and in accordance with the payment agreement established
        pursuant to the Settlement Agreement and this Act.
    (b) Puget Sound Regional Shellfish Settlement Special Holding
Account.--
            (1) There is hereby established in the Treasury of the
        United States a fund to be designated as the ``Puget Sound
        Regional Shellfish Settlement Special Holding Account''. The
        Secretary shall deposit funds in the amount of $1,500,000 into
        the Special Holding Account in fiscal year 2011 at such time as
        appropriated pursuant to section 5.
            (2) The Special Holding Account shall be maintained and
        invested by the Secretary of the Interior pursuant to the Act
        of June 24, 1938 as amended (25 U.S.C. 162a) until such time
        that all monies are transferred from the Special Holding
        Account.
            (3) If a court of competent jurisdiction renders a final
        decision declaring that any of the Other Tribes has an
        established treaty right to take or harvest shellfish in
        covered tidelands, as that term is defined in the Settlement
        Agreement, and such tribe opts to accept a share of the Special
        Holding Account, rather than litigate this claim against the
        Growers, the Secretary shall transfer the appropriate share of
        the monies held in the Special Holding Account to each such
        tribe of the Other Tribes in the amounts appropriate to
        compensate the Other Tribes in the same manner and for the same
        purposes as the Tribes who are signatory to the Settlement
        Agreement. Such a transfer to a tribe shall constitute full and
        complete satisfaction of that tribe's claims to shellfish on
        the covered tidelands.
            (4) The Secretary may retain such amounts of the Special
        Holding Account as necessary to provide for additional tribes
        that may judicially establish their rights to take shellfish in
        the covered tidelands within the term of that Account, provided
        that the Secretary pays the remaining balance to the Other
        Tribes prior to the expiration of the term of the Special
        Holding Account.
            (5) The Tribes shall have no interest, possessory or
        otherwise, in the Special Holding Account.
            (6) Twenty years after the deposit of funds into the
        Special Holding Account, the Secretary shall close the Account
        and transfer the balance of any funds held in the Special
        Holding Account at that time to the Treasury. However, the
        Secretary may continue to maintain the Special Holding Account
        in order to resolve the claim of an Other Tribe that has
        notified the Secretary in writing within the 20-year term of
        that Tribe's interest in resolving its claim in the manner
        provided for in this Act.
            (7) It is the intent of Congress that the Other Tribes, if
        any, shall have the option of agreeing to similar rights and
        responsibilities as the Tribes that are signatories to the
        Settlement Agreement, if they opt not to litigate against the
        Growers.
    (c) Annual Report.--Each tribe of the Tribes, or any of the Other
Tribes accepting a settlement of its claims to shellfish on covered
lands pursuant to (b)(3), shall submit to the Secretary an annual
report that describes all expenditures made with monies withdrawn from
the Fund or Special Holding Account during the year covered by the
report.
    (d) Judicial and Administrative Action.--The Secretary may take
judicial or administrative action to ensure that any monies withdrawn
from the Fund or Special Holding Account are used in accordance with
the purposes described in the Settlement Agreement and this Act.
    (e) Clarification of Trust Responsibility.--Beginning on the date
that monies are transferred to a tribe of the Tribes or a tribe of the
Other Tribes pursuant to this Act, any trust responsibility or
liability of the United States with respect to the expenditure or
investment of the monies withdrawn shall cease.

SEC. 7. STATE OF WASHINGTON PAYMENT.

    The Secretary shall not be accountable for nor incur any liability
for the collection, deposit, management or nonpayment of the State of
Washington payment of $11,000,000 to the Tribes pursuant to the
Settlement Agreement.

SEC. 8. RELEASE OF OTHER TRIBES CLAIMS.

    (a) Right to Bring Actions.--As of the date of enactment of this
Act, all right of any Other Tribes to bring an action to enforce or
exercise its treaty rights to take shellfish from public and private
tidelands in Washington State, including from some lands owned, leased,
or otherwise subject to harvest by any and all Growers shall be
determined in accordance with the decisions of the Courts of the United
States in United States v. Washington, Civ. No. 9213 (Western District
of Washington).
    (b) Certain Rights Governed by This Act.--If a tribe falling within
the category Other Tribes opts to resolve its claims to take shellfish
from covered tidelands owned or leased by the Growers pursuant to
section 6(b)(3) of this Act, that tribe's rights shall be governed by
this Act, as well as by the decisions of the Courts in United States v.
Washington, Civ. No. 9213.
    (c) No Breach of Trust.--Notwithstanding whether the United States
has a duty to initiate such an action, the failure or declination by
the United States to initiate any action to enforce any Other Tribe(s)
treaty rights to take shellfish from public and private tidelands in
Washington State, including from covered tidelands owned, leased, or
otherwise subject to harvest by any and all Growers shall not
constitute a breach of trust by the United States or be compensable to
Other Tribes.

SEC. 9. CAUSE OF ACTION.

    If any payment by the United States is not paid in the amount or
manner specified by this Act, or is not paid within 6 months after the
date specified by the Settlement Agreement, such failure shall give
rise to a cause of action by the Tribes either individually or
collectively against the United States for money damages for the amount
authorized but not paid to the Tribes, and the Tribes, either
individually or collectively, are authorized to bring an action against
the United States in the United States Court of Federal Claims for such
funds plus interest.

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

To provide for the equitable settlement of claims of Indian tribes in the region of Puget Sound, Washington regarding treaty rights to take shellfish from lands in that region, and for other purposes.


SECTION 1. PATENT TERM RESTORATION REVIEW PROCEDURE FOR CERTAIN DRUG
              PRODUCTS.

    (a) Short Title.--This Act may be cited as the ``Drug Patent Term
Restoration Review Procedure Act of 1999''.
    (b) Patent Term Restoration.--
            (1) In general.--Chapter 14 of title 35, United States
        Code, is amended by inserting after section 155A the following
        new section:
``Sec. 155B. Patent term restoration review procedure for certain drug
              products
    ``(a) Definitions.--For purposes of this section--
            ``(1) the term `Commissioner' means the Commissioner of
        Patents and Trademarks; and
            ``(2) the term `drug product' has the meaning given that
        term under section 156(f)(2)(A), but does not include drugs or
        products described under section 156(f)(2)(B).
    ``(b) Special Patent Term Review Procedure.--
            ``(1) In general.--
                    ``(A) Patent restored.--The term of any patent
                described under subparagraph (B) shall be restored
                under paragraph (3) from the expiration date determined
                under section 154 (including any extension granted
                under section 156), if the Commissioner determines that
                the standards under paragraph (2) have been met.
                    ``(B) Patent.--Subparagraph (A) refers to any
                patent that--
                            ``(i) has been extended under section 156,
                        subject to the 2-year limitation described
                        under section 156(g)(6)(c);
                            ``(ii) is in force on--
                                    ``(I) September 24, 1984;
                                    ``(II) the date of enactment of
                                this section; and
                                    ``(III) the date of filing an
                                application under this section; and
                            ``(iii) claims a drug product, a method of
                        using a drug product, or a method of
                        manufacturing a drug product.
            ``(2) Standards.--
                    ``(A) In general.--Upon application by the owner of
                record of the patent or its agent under paragraph (5)
                and consideration of the application and all materials
                submitted by parties that would be aggrieved by grant
                of the restoration of a patent, the term of a patent
                described in paragraph (1) shall be restored if the
                Commissioner determines that--
                            ``(i) the period set forth in section
                        156(g)(1)(B)(ii) for the drug product exceeded
                        60 months;
                            ``(ii) the owner of record of the patent or
                        its agent has established by clear and
                        convincing evidence that the patent owner acted
                        with due diligence (as such term is defined in
                        section 156(d)(3) and applied in section
                        156(d)(2)) during the regulatory review period
                        referred to in section 156(g)(1)(B); and
                            ``(iii) granting the patent restoration
                        would not be detrimental to the public interest
                        and the interest of fairness, as defined by the
                        factors set forth in paragraph (7).
                    ``(B) Determination.--
                            ``(i) Deduction of time.--If the
                        Commissioner determines there is substantial
                        evidence that the patent owner did not act with
                        due diligence during a part of the regulatory
                        review period, that part shall be deducted from
                        the total amount of time in the applicable
                        regulatory review period referred to in section
                        156(g)(1)(B), and the resulting period, shall
                        be the basis for calculating the patent
                        restoration term under paragraph (3) of this
                        subsection.
                            ``(ii) FDA consultation.--The Food and Drug
                        Administration shall be consulted with respect
                        to the Commissioner's determinations under
                        subparagraph (A) (i), (ii), and (iii). If there
                        is a dispute concerning the underlying facts
                        between the patent owner and the Food and Drug
                        Administration, the Food and Drug
                        Administration shall make the relevant records
                        of the Administration available to the
                        Commissioner.
            ``(3) Restoration term.--If the Commissioner determines
        that the standards in paragraph (2) have been met for a patent,
        the term of such patent shall be restored for a period equal to
        the regulatory review period as defined in section 156(g)(1)(B)
        (taking into account any deduction under paragraph (2)(B)(i)),
        without taking into account the 2-year limitation described in
        section 156(g)(6)(C), except that--
                    ``(A) the total of the period of the patent term
                restoration granted under this section and any patent
                term extension previously granted under section 156
                shall be subject to the time period limitations
                described in section 156(c)(2)-156 (c)(4) and
                (g)(6)(A); and
                    ``(B) any patent term extension previously granted
                under section 156 shall be subtracted from the period
                of the patent term restoration granted under this
                subsection.
            ``(4) Infringement.--During the period of any restoration
        granted under this subsection, the rights derived from a patent
        the term of which is restored shall be determined in accordance
        with sections 156(b) and 271.
            ``(5) Procedure.--
                    ``(A) Time for filing.--Any application under this
                section shall be filed with the Commissioner within 90
                days after the date of enactment of this section.
                    ``(B) Filing.--Upon submission of an application to
                the Commissioner by the owner of record of a patent
                referred to in paragraph (1) or its agent for a
                determination in accordance with paragraph (3)--
                            ``(i) the Commissioner shall publish within
                        30 days after the submission in the Federal
                        Register a notice of receipt of an application
                        and make the application available to the
                        public upon request;
                            ``(ii) any interested party may submit
                        comments on the application within the 60-day
                        period beginning on the date of publication of
                        the notice;
                            ``(iii) within 7 days following the
                        expiration of that 60-day period, the
                        Commissioner shall forward a copy of all
                        comments received to the applicant, who shall
                        be entitled to submit a response to such
                        comments to the Commissioner within 45 days
                        after receipt of such comments;
                            ``(iv) within 30 days following receipt of
                        the applicant's response to comments or, if
                        there are no such comments, within 30 days
                        following expiration of the 60-day comment
                        period, the Commissioner shall, in writing--
                                    ``(I) determine whether to grant
                                the application; and
                                    ``(II) make specific findings
                                regarding the criteria set forth in
                                paragraph (2) (including, where
                                appropriate, findings regarding the
                                public interest and fairness factors
                                set forth in paragraph (7)); and
                            ``(v) if the Commissioner determines that
                        the standards set forth in paragraph (2) have
                        been met, the Commissioner shall--
                                    ``(I) issue to the applicant a
                                certificate of restoration, under seal,
                                for the period prescribed under
                                paragraph (3); and
                                    ``(II) record the certificate in
                                the official file of the patent, which
                                certificate shall be in effect from the
                                date it issues and shall be considered
                                a part of the original patent.
                    ``(C) Patent term during review.--If the term of a
                patent for which an application has been submitted
                under this section would expire before a determination
                to issue a certificate of restoration is made under
                subparagraph (B), the Commissioner may extend, until
                such determination is made (but not to exceed 1 year)
                the term of the patent if the Commissioner determines
                that the patent likely would be eligible for
                restoration.
                    ``(D) Record and review.--The Commissioner's
                determination under subparagraph (B)(iv) shall be based
                solely on the record developed under this subsection.
                Except as provided in section 141, the Commissioner's
                determination shall not be reviewable in any court.
            ``(6) Application fee.--The applicant shall pay a fee for
        an application made under this subsection which shall be
        determined in accordance with the same criteria as the fees
        established under section 156(h).
            ``(7) Public interest and fairness.--When required to make
        a determination under paragraph (2)(A)(iii), the Commissioner
        shall consider each of the following factors and shall not rely
        solely on any single factor:
                    ``(A) Whether grant of the application would result
                in the public having no other commercially available
                alternatives to treat the same disease or condition as
                the drug claimed in the patent that is the subject of
                the patent term restoration request.
                    ``(B) Whether grant of the application would
                disserve society's interest in the availability of
                innovative drugs at competitive prices.
                    ``(C) Whether denial of the application would
                disserve society's interest in encouraging and
                rewarding pharmaceutical research and innovation.
                    ``(D) Whether denial of the application would be
                unfair to the applicant, in comparison to others who
                have experienced the benefits of a 5-year patent
                restoration under section 156 while experiencing
                similar regulatory review delays.
                    ``(E) Whether other manufacturers, before the date
                of enactment of this section, have submitted
                applications under sections 505(b)(2) or (j) of the
                Federal Food, Drug, and Cosmetic Act that are
                sufficiently complete to permit substantive review and
                have made substantial investments to manufacture a
                generic version of the particular drug that is the
                subject of the patent term restoration application,
                which would not receive the compensation specified
                under subsection (e) of the Drug Patent Term
                Restoration Review Procedure Act of 1999.''.
            (2) Technical and conforming amendment.--The table of
        sections for chapter 14 of title 35, United States Code, is
        amended by inserting after the item relating to section 155A
        the following:

``155B. Patent term restoration review procedure for certain drug
                            products.''.
    (c) Appeal of Determinations of the Commissioner.--Section 141 of
title 35, United States Code, is amended by adding at the end the
following: ``The applicant under section 155B, or any aggrieved party
that made a submission commenting on an application under section 155B,
may appeal the determination of the Commissioner under such section to
the United States Court of Appeals for the Federal Circuit.''.
    (d) Court Jurisdiction.--
            (1) Court of appeals for the federal circuit.--Section
        1295(a)(4) of title 28, United States Code, is amended--
                    (A) in subparagraph (B), by striking ``or'' after
                the semicolon;
                    (B) in subparagraph (C), by adding ``or'' after the
                semicolon; and
                    (C) by inserting after subparagraph (C) the
                following:
                    ``(D) the Commissioner of Patents and Trademarks
                under section 155B of title 35;''.
            (2) Jurisdiction based on infringement of patent.--Section
        271(e) of title 35, United States Code, is amended by adding at
        the end the following:
            ``(5) In any action brought under paragraph (2) involving a
        patent, the term of which has been restored under section 155B,
        the alleged infringer shall have the right to seek compensation
        under subsection (e) of the Drug Patent Term Restoration Review
        Procedure Act of 1999.''.
    (e) Compensation.--
            (1) In general.--In the event a person has submitted an
        application described in section 505(b)(2) or 505(j) of the
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2),(j))
        for a drug product covered by a patent for which a patent term
        restoration was provided under section 155B of title 35, United
        States Code (as added by subsection (a)(1)) and such
        application has been found by the Food and Drug Administration
        on or before the date of the enactment of this section to be
        sufficiently complete to permit substantive review, such person
        shall be entitled to compensation of $2,000,000 by the patent
        owner. Any holder of a Type II Drug Master File that has
        permitted a reference to its Type II Drug Master File to be
        made in such application shall be entitled to compensation of
        $1,000,000 by the patent owner.
            (2) Limits on liability.--A patent owner shall not be
        required to make under paragraph (1) payments exceeding--
                    (A) $10,000,000 to persons submitting applications
                described in such paragraph, or
                    (B) $5,000,000 to holders of Type II Drug Master
                Files.
        If the aggregate limits are insufficient to pay the applicants
        or holders the full amounts specified in paragraph (1), each
        such applicant or holder shall be paid its per capita share of
        the aggregate liability imposed by paragraph (1) upon the
        patent holder.
    (f) Effect of Filing of Abbreviated Applications.--The fact that 1
or more abbreviated applications have been filed under section 505 (b)
or (j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 (b)
or (j)) for approval of a drug product, which is covered by a patent
that is the subject of an application for term restoration under this
section, shall not preclude the grant of such term restoration.
    (g) Report to Congress.--Not later than 1 year after the effective
date of this section, the Commissioner of Patents and Trademarks
shall--
            (1) submit to Congress a report evaluating the patent term
        restoration review procedure established under this section;
        and
            (2) include in such report a recommendation whether
        Congress should consider establishing such a patent term
        restoration review procedure for other patents.
    (h) Effective Date.--This section shall take effect on the date of
enactment of this section and an owner of record of a patent referred
to under section 155B(b)(1) of title 35, United States Code (as added
by this section); or an agent of the owner shall be immediately
eligible on such a date to submit an application to the Commissioner
for a determination in accordance with subsection (b)(3) of such
section.

SEC. 2. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.

    (a) Limitation on Use of Patents to Prevent ANDA Approval.--
            (1) Application.--Section 505(b)(2) of the Federal Food,
        Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)) is amended by
        adding at the end the following:
``For an approved product claimed in a patent, the term of which has
been restored pursuant to section 155B of title 35, United States Code,
the certification required by subparagraph (A) is limited to any patent
that claims an active ingredient, including any salt or ester of the
active ingredient, of the approved product, alone or in combination
with another active ingredient.''.
            (2) Abbreviated application.--Section 505(j)(2)(A) of the
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A))
        is amended by adding at the end the following:
``For an approved product claimed in a patent, the term of which has
been restored pursuant to section 155B of title 35, United States Code,
the certification required by clause (vii) is limited to any patent
that claims an active ingredient, including any salt or ester of the
active ingredient, of the approved product, alone or in combination
with another active ingredient.''.
    (b) Exclusivity for Generic Drug.--Section 505(j)(5)(B)(iv) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iv)) is
amended by inserting after ``containing such certification'' the
following: ``and for which an action for infringement of a patent which
is the subject of such a certification has been brought before the
expiration of 45 days from the date of the notice provided under
paragraph (2)(B)(i) is received''.

Summary: Defines such standards as: (1) a regulatory review period from application submission to application approval exceeding 60 months. (2) clear and convincing evidence by the owner of record of the patent that the patent owner acted with due diligence. And (3) absence of any detriment by the granting of patent restoration to the public interest and the interest of fairness. Requires subtraction from the total amount of the restoration term of any time during the regulatory review period during which the Commissioner finds that the applicant for patent term restoration did not act with due diligence. Limits a restoration period, together with any extension period, and subject to other specified restrictions and adjustments, to five years. Requires restoration term applications to be filed within 90 days after enactment of this Act. Specifies factors of public interest and fairness the Commissioner shall consider when making a term restoration determination, including whether: (1) grant of the application would disserve society's interest in the availability of innovative drugs at competitive prices. Or (2) denial of the application would disserve society's interest in encouraging and rewarding pharmaceutical research and innovation. Provides for: (1) claim determination procedure. (2) a one-year extension of the patent term pending final disposition. And (3) appeal of the Commissioner's determinations to the US Court of Appeals for the Federal Circuit only. Entitles to compensation by the patent owner of any person who has submitted an new drug application under the Federal Food, Drug, and Cosmetic Act for a drug product covered by a patent for which a patent term was restored under this Act, if such application has been found by the Food and Drug Administration on or before enactment of this Act to be sufficiently complete to permit substantive review. Sets the amount of compensation at: (1) $2 million. Or (2) $1 million for any holder of a Type II Drug Master File that has permitted a reference to its File to be made in such application. Limits a patent owner's overall liability to: (1) $10 million to persons submitting new drug applications. Or (2) $5 million to holders of Type II Drug Master Files. Requires the Commissioner to report to Congress: (1) an evaluation of the patent term restoration review procedure established by this Act. And (2) a recommendation whether Congress should consider establishing such a patent term review procedure for patents not covered by this Act. Amends the Federal Food, Drug, and Cosmetic Act to limit a certain required certification in an application for an approved product claimed in a patent whose term has been restored, to any patent that claims an active ingredient, including any salt or ester of the active ingredient, of the approved product, alone or in combination with another active ingredient .


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DHS FOIA Efficiency Act of 2015''.

SEC. 2. DEPARTMENT OF HOMELAND SECURITY FREEDOM OF INFORMATION ACT
              IMPLEMENTATION.

    (a) Deadline for Updating Regulations.--Not later than 90 days
after the date of the enactment of this Act, the Chief FOIA Officer of
the Department of Homeland Security, as appointed pursuant to section
552(j) of title 5, United States Code, shall finalize and issue an
updated regulation implementing section 552 of title 5, United States
Code (commonly known as the Freedom of Information Act), which shall
include--
            (1) public guidance on procedures to be followed when
        making requests under paragraph (1), (2), or (3) of section
        552(a) of title 5, United States Code;
            (2) updated guidance to the components of the Department
        responsible for processing such requests, which may include
        information on how to adopt automated processing of requests
        made under paragraphs (1), (2), or (3) of section 552(a) of
        title 5, United States Code;
            (3) detailed information on fees and costs associated with
        such requests; and
            (4) detailed information on the appeals process for such
        requests.
    (b) Identification of Costs.--
            (1) In general.--Not later than 90 days after the date of
        the enactment of this Act, the Chief FOIA Officer, in
        coordination with the Chief Financial Officer of the Department
        and the heads of each of the relevant components of the
        Department, shall identify the total annual cost to the
        Department of implementing section 552 of title 5, United
        States Code.
            (2) Guidance.--The Chief FOIA Officer shall develop
        guidance on reporting standards related to the direct and
        indirect costs to the Department associated with the processing
        of requests made under paragraphs (1), (2), and (3) of section
        552(a) of title 5, United States Code.
    (c) Cost Savings.--The Chief FOIA Officer, in collaboration with
the heads of each of the relevant components of the Department, shall--
            (1) identify unnecessary and duplicative actions taken by
        the Department in the course of processing requests made under
        paragraphs (1), (2), and (3) of section 552(a) of title 5,
        United States Code, by not later than 120 days after the date
        of the enactment of this Act; and
            (2) eliminate unnecessary and duplicative actions taken by
        the Department in the course of processing requests made under
        paragraphs (1), (2), and (3) of section 552(a) of title 5,
        United States Code, by not later than 12 months after the
        identification of such action under paragraph (1).
    (d) FOIA Tracking Systems.--Not later than 90 days after the date
of the enactment of this Act, the Chief FOIA Officer shall develop a
plan to automate the processing of requests made under paragraphs (1),
(2), and (3) of section 552(a) of title 5, United States Code to the
Department. Such plan shall take into account the specific needs of
each of the components of the Department responsible for processing
such requests and address required and recommended technology
capabilities and elements. Such plan shall include an assessment of the
costs and benefits associated with establishing and using electronic
processing systems to process requests made under paragraphs (1), (2),
and (3) of section 552(a) of title 5, United States Code.
    (e) FOIA Backlog.--Not later than 90 days after the date of the
enactment of this Act, the Chief Privacy Officer of the Department, in
consultation with the Chief FOIA Officer, shall update and issue
guidance to the heads of each of the relevant components of the
Department regarding the goal of reducing the backlog in processing
requests made under paragraphs (1), (2), and (3) of section 552(a) of
title 5, United States Code, by 50 percent between fiscal year 2015 and
fiscal year 2018.
    (f) Report.--
            (1) Semiannual privacy report.--The Chief FOIA Officer
        shall include in each semiannual privacy report submitted under
        section 1062(f) of the Intelligence Reform and Terrorism
        Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)) each of the
        following:
                    (A) The total costs to the Department of meeting
                the requirements of section 552 of title 5, United
                States Code, for the period covered by the report.
                    (B) An assessment of progress made toward meeting
                the backlog goals pursuant to subsection (e) during the
                period covered by the report and the periods covered by
                the two preceding reports.
                    (C) An assessment of whether the Department has
                adequate staffing and other resources to address the
                backlog goals pursuant to subsection (e) for processing
                requests made under paragraphs (1), (2), and (3) of
                section 552(a) of title 5, United States Code.
                    (D) An assessment of the progress made towards
                automating the processing of requests made under
                paragraphs (1), (2), and (3) of section 552(a) of title
                5, United States Code, during the period covered by the
                report.
            (2) Fiscal year 2016 requirements.--The Chief FOIA Officer
        shall include in the second semiannual privacy report for
        fiscal year 2016 each of the following:
                    (A) A description of any cost savings identified
                under subsection (d).
                    (B) The plan developed under subsection (d).
    (g) Duplicative Action Defined.--In this section, the term
``duplicative actions'' means actions carried out by two or more
components or programs that are engaged in the same activities or
provide the same services related to the processing of FOIA requests to
the same beneficiaries.

SEC. 3. PROGRESS ON AUTOMATION.

    Upon completion of the plan to automate the processing of requests
made under paragraphs (1), (2), and (3) of section 552(a) of title 5,
United States Code, the Chief FOIA Officer shall provide the plan to
the heads of the components of the Department and seek written feedback
from each head of a component agency regarding the extent to which that
component will adopt the plan, the associated costs, and the projected
timelines.

            Passed the House of Representatives June 25, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: This measure has not been amended since it was reported to the House of Representatives on June 11, 2015. DHS FOIA Efficiency Act of 2015 Directs the Chief FOIA Officer of the Department of Homeland Security (DHS): within 90 days after enactment of this Act, to issue an updated regulation implementing the Freedom of Information Act (FOIA) and to identify the total annual implementation costs. To develop guidance on reporting standards related to costs of processing FOIA requests. Within 120 days after enactment of this Act, to identify unnecessary and duplicative actions taken by DHS in processing such requests, to eliminate such actions within 12 months after identifying them. And within 90 days after enactment of this Act, to develop a plan to automate the processing of requests and to issue guidance to the relevant DHS components regarding the goal of reducing the backlog in processing requests by 50 between FY2015 and FY2018. Requires the regulation implementing FOIA to include: (1) public guidance on procedures to be followed when making requests for DHS rules, opinions, orders, records, or proceedings. (2) updated guidance to the DHS components for processing such requests, which may include information on automated processing. And (3) detailed information on fees and costs associated with, and on the appeals process for, requests. Directs the Chief FOIA Officer to include: (1) in each semiannual privacy report submitted under the Intelligence Reform and Terrorism Prevention Act of 2004, the total costs to DHS of meeting FOIA requirements and assessments of progress made toward meeting backlog goals, of whether DHS has adequate staffing and other resources to address such goals, and of progress made toward automating the processing of requests. And (2) in the second semiannual privacy report for FY2016, a description of any cost savings identified from, and the plan developed for, automating the processing of requests. Directs the Chief FOIA Officer to provide such plan, upon completion, to DHS components and seek written feedback regarding the extent to which each component will adopt the plan, the associated costs, and the projected time lines.

DHS FOIA Efficiency Act of 2015


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Afghanistan Suspension and Debarment
Reform Act''.

SEC. 2. SUSPENSION AND DEBARMENT AUTHORITY FOR SPECIAL INSPECTOR
              GENERAL FOR AFGHANISTAN RECONSTRUCTION UNDER CERTAIN
              CIRCUMSTANCES.

    (a) Suspension and Debarment Process.--Section 1229(g) of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 5 U.S.C. App.) is amended by adding at the end the following
new paragraph:
            ``(3) Suspension and debarment.--
                    ``(A) Referral of case to lead agency.--In carrying
                out the duties, responsibilities, and authorities set
                forth under this section, the Inspector General (or the
                Inspector General's designee) may refer a potential
                suspension or debarment case described in subparagraph
                (B) to the lead agency for that suspension or
                debarment. If such a referral is made, the Inspector
                General shall notify the Interagency Committee on
                Debarment and Suspension and the congressional
                committees described in subparagraph (G) of the
                referral. If the Inspector General is unable to
                determine which agency is the lead agency for purposes
                of a referral under this subparagraph, the Inspector
                General shall request the Interagency Committee to
                resolve the issue of which agency is the lead agency,
                in accordance with section 873 of the Duncan Hunter
                National Defense Authorization Act for Fiscal Year 2009
                (Public Law 110-417; 31 U.S.C. 6101 note).
                    ``(B) Covered cases.--
                            ``(i) A potential suspension or debarment
                        case described in this subparagraph is a case
                        involving a person that is an Afghan national
                        or foreign national or foreign company
                        operating in Afghanistan that has received in
                        the past, is receiving, or may receive in the
                        future, funds from any--
                                    ``(I) covered prime contract; or
                                    ``(II) covered subcontract.
                            ``(ii) In this subparagraph:
                                    ``(I) The term `covered prime
                                contract' means a prime contract that
                                is a contract described in subsection
                                (i)(2).
                                    ``(II) The term `covered
                                subcontract' means a subcontract that
                                is a contract described in subsection
                                (i)(2) under a covered prime contract.
                    ``(C) Acceptance or declination of case.--Not later
                than 30 days after the date of referral of a suspension
                or debarment case under subparagraph (A), the lead
                agency shall--
                            ``(i) accept or decline the case; and
                            ``(ii) submit to the Inspector General and
                        the Interagency Committee a written
                        notification and rationale for accepting or
                        declining the case.
                    ``(D) Determination by interagency committee if
                lead agency declines case.--If the lead agency declines
                to accept a suspension or debarment case referred under
                subparagraph (A) or fails to respond to the referral,
                the Interagency Committee shall make a determination,
                not later than 45 days after the date of the referral
                of the case under subparagraph (A), regarding whether
                the Inspector General shall act as lead agency in the
                case. The Interagency Committee shall submit to the
                congressional committees described in subparagraph (G)
                a written notification of the determination.
                    ``(E) Determination by lead agency if lead agency
                accepts case.--If the lead agency accepts a suspension
                or debarment case referred under subparagraph (A), the
                agency shall make a determination, not later than 60
                days after the date of the referral of the case under
                subparagraph (A), to either suspend or debar the person
                that is the subject of the case or decline to suspend
                or debar the person. If the lead agency declines to
                suspend or debar the person, the lead agency shall, not
                later than 15 days after the determination, submit to
                the congressional committees described in subparagraph
                (G) a written notification and rationale for the
                determination to decline to suspend or debar the
                person.
                    ``(F) Suspension and debarment authority of
                inspector general.--
                            ``(i) In general.--If the Interagency
                        Committee determines under subparagraph (D)
                        that the Inspector General may act as lead
                        agency in a suspension or debarment case
                        referred under subparagraph (A), then the
                        Inspector General (or the Inspector General's
                        designee) may suspend or debar a person from
                        procurement or nonprocurement activities of the
                        Federal Government in accordance with
                        regulations implementing the suspension and
                        debarment system of the Federal Government,
                        including the Federal Acquisition Regulation
                        and the Office of Management and Budget
                        guidelines to agencies on governmentwide
                        debarment and suspension (nonprocurement) in
                        part 180 of title 2 of the Code of Federal
                        Regulations.
                            ``(ii) Exception.--In exercising the
                        authority provided under clause (i), the
                        Inspector General (or the Inspector General's
                        designee) may, with respect to a particular
                        contract, grant, or other procurement or
                        nonprocurement activity, grant an exception
                        that permits a person debarred or suspended
                        pursuant to clause (i) to submit an offer for
                        or be awarded the contract, grant, or other
                        activity. If such an exception is granted, the
                        Inspector General shall submit to the
                        congressional committees described in
                        subparagraph (G) a written notification and
                        rationale for the exception.
                    ``(G) Committees described.--The committees
                described in this subparagraph are the following:
                            ``(i) The Committees on Foreign Affairs and
                        on Oversight and Government Reform of the House
                        of Representatives.
                            ``(ii) The Committees on Foreign Relations
                        and on Homeland Security and Governmental
                        Affairs of the Senate.''.
    (b) Definition of Interagency Committee.--Section 1229(m) of such
Act (Public Law 110-181; 5 U.S.C. App.) is amended by adding at the end
the following new paragraph:
            ``(3) Interagency committee on debarment and suspension.--
        The term `Interagency Committee on Debarment and Suspension' or
        `Interagency Committee' means the committee constituted under
        sections 4 and 5 of Executive Order No. 12549.''.
    (c) Deadline for Publication of Rules.--The Director of the Office
of Management and Budget shall publish any interim final rules
submitted to the Office to implement the amendments made by this Act in
the Federal Register within 30 days after the date of submission.
    (d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.

SEC. 3. COMPTROLLER GENERAL STUDY AND REPORT.

    (a) Study.--After the termination of the Office of Special
Inspector General for Afghanistan Reconstruction under section
1229(o)(1) of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 380; 5 U.S.C. App.), the
Comptroller General of the United States shall conduct a study on the
authority and process provided under section 1229(g)(3) of such Act (as
added by section 2 of this Act).
    (b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to Congress a report
on the study carried out under subsection (a), with such
recommendations as the Comptroller General considers appropriate with
respect to the suspension and debarment system of the Federal
Government.

Summary: Afghanistan Suspension and Debarment Reform Act - Amend the National Defense Authorization Act for Fiscal Year 2008 to add to the powers of the Special Inspector General for Afghanistan Reconstruction , who is required to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of funds appropriated by the US government, and of the programs, operations, and contracts carried out using such funds in Afghanistan, in order to prevent and detect waste, fraud, and abuse. Empowers the Inspector General to refer to the lead agency a potential covered case for suspension or debarment of a person from procurement or nonprocurement activities of the federal government. Defines a quot, covered casequot. As one involving a person that is an Afghan national or foreign national or foreign company operating in Afghanistan that has received in the past, is receiving, or may receive in the future, funds from any covered prime contract or subcontract. Requires the Inspector General to notify the Interagency Committee on Debarment and Suspension and Congress if such a referral is made. Requires the lead agency, after the referral of such a suspension or debarment case, to accept or decline the case. Requires the Interagency Committee, if the lead agency declines to accept a suspension or debarment case, or fails to respond to the referral, to determine whether the Inspector General shall act as the lead agency. Requires the lead agency, on the other hand, if it accepts a suspension or debarment case, to either suspend or debar the person that is the subject of the case or decline. Authorizes the Inspector General , if the Interagency Committee determines that the Inspector General may act as lead agency, to suspend or debar the person from federal procurement or nonprocurement activities. Allows the Inspector General , when exercising such authority, to grant an exception permitting a person otherwise debarred or suspended to submit an offer for or be awarded a particular contract, grant, or procurement or nonprocurement activity. Directs the Comptroller General (GAO), after the termination of the Office of Special Inspector General for Afghanistan Reconstruction, to study the Inspector General authority and the process for determining a lead agency in a suspension or debarment case.


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.

Summary: Redefines basic pay to include any amounts received as physicians comparability allowances as part of basic pay for Federal employee retirement purposes. Amends provisions relating to the computation of an annuity under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) to prohibit any part of such an allowance from being treated as basic pay 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. Requires, if such condition is met, that any amounts received by the individual as such an allowance shall be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the enactment of this Act, and only to the extent of the percentage allowable as specified by this Act. Requires that 100 percent of all amounts received as such an allowance, to the extent attributable to service performed on or after enactment, be treated as basic pay for purposes of computing: (1) an annuity of a disabled employee or member. And (2) a survivor annuity if based on the service of an individual who dies before separating from service.