SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Financial Protection
Commission Act of 2013''.

SEC. 2. ESTABLISHMENT OF THE COMMISSION.

    Section 1011 of the Consumer Financial Protection Act of 2010 is
amended--
            (1) by striking subsections (b), (c), and (d);
            (2) by redesignating subsection (e) as subsection (j); and
            (3) by inserting after subsection (a) the following new
        subsections:
    ``(b) Establishment of the Commission.--
            ``(1) In general.--There is hereby established a commission
        (hereinafter referred to in this section as the `Commission')
        that shall serve as the head of the Bureau.
            ``(2) Authority to prescribe regulations.--The Commission
        may prescribe such regulations and issue such orders in
        accordance with this title as the Commission may determine to
        be necessary for carrying out this title and all other laws
        within the Commission's jurisdiction and shall exercise any
        authorities granted under this title and all other laws within
        the Commission's jurisdiction.
    ``(c) Composition of the Commission.--
            ``(1) In general.--The Commission shall be composed of the
        Vice Chairman for Supervision of the Federal Reserve System and
        4 additional members who shall be appointed by the President,
        by and with the advice and consent of the Senate, from among
        individuals who--
                    ``(A) are citizens of the United States;
                    ``(B) have strong competencies and experiences
                related to consumer financial protection; and
                    ``(C) should want to protect service members and
                their families who are sacrificing their lives for this
                country from abusive financial practices.
            ``(2) Staggering.--The members of the Commission appointed
        under paragraph (1) shall serve staggered terms, which
        initially shall be established by the President for terms of 1,
        2, 4, and 5 years, respectively.
            ``(3) Terms.--
                    ``(A) In general.--Each member of the Commission
                appointed under paragraph (1), including the Chair,
                shall serve for a term of 5 years.
                    ``(B) Removal for cause.--The President may remove
                any member of the Commission appointed under paragraph
                (1) only for inefficiency, neglect of duty, or
                malfeasance in office.
                    ``(C) Vacancies.--Any member of the Commission
                appointed under paragraph (1) appointed to fill a
                vacancy occurring before the expiration of the term to
                which that member's predecessor was appointed
                (including the Chair) shall be appointed only for the
                remainder of the term.
                    ``(D) Continuation of service.--Each member of the
                Commission appointed under paragraph (1) may continue
                to serve after the expiration of the term of office to
                which that member was appointed until a successor has
                been appointed by the President and confirmed by the
                Senate, except that a member may not continue to serve
                more than 1 year after the date on which that member's
                term would otherwise expire.
                    ``(E) Other employment prohibited.--No member of
                the Commission appointed under paragraph (1) shall
                engage in any other business, vocation, or employment.
            ``(4) Roles and responsibilities of commissioners.--One
        member of the Commission shall have as their primary
        responsibility the oversight of the Bureau's activities
        pertaining to protecting consumers, with a focus on consumers
        who are older, minorities, youth, or veterans, from unfair,
        deceptive, and abusive lending practices. The designated
        commissioner shall be responsible for--
                    ``(A) ensuring the Bureau conducts regular outreach
                to consumers regarding industry lending activities;
                    ``(B) researching and reporting to the full
                Commission, on a regular basis, the impact of new loan
                and credit products and services on consumers; and
                    ``(C) ensuring the Bureau coordinates with State-
                level consumer protection agencies on enforcement
                measures that protect consumers from unfair, deceptive,
                and abusive lending practices.
    ``(d) Affiliation.--With respect to members appointed pursuant to
subsection (c)(1), not more than 2 shall be members of any one
political party.
    ``(e) Chair of the Commission.--
            ``(1) Appointment.--The Chair of the Commission shall be
        appointed by the President from among the members of the
        Commission appointed under paragraph (1).
            ``(2) Authority.--The Chair shall be the principal
        executive officer of the Bureau, and shall exercise all of the
        executive and administrative functions of the Bureau, including
        with respect to--
                    ``(A) the appointment and supervision of personnel
                employed under the Bureau (other than personnel
                employed regularly and full time in the immediate
                offices of members of the Commission other than the
                Chair);
                    ``(B) the distribution of business among personnel
                appointed and supervised by the Chair and among
                administrative units of the Bureau; and
                    ``(C) the use and expenditure of funds.
            ``(3) Limitation.--In carrying out any of the Chair's
        functions under the provisions of this subsection the Chair
        shall be governed by general policies of the Commission and by
        such regulatory decisions, findings, and determinations as the
        Commission may by law be authorized to make.
            ``(4) Requests or estimates related to appropriations.--
        Requests or estimates for regular, supplemental, or deficiency
        appropriations on behalf of the Commission may not be submitted
        by the Chair without the prior approval of the Commission.
    ``(f) No Impairment by Reason of Vacancies.--No vacancy in the
members of the Commission shall impair the right of the remaining
members of the Commission to exercise all the powers of the Commission.
Three members of the Commission shall constitute a quorum for the
transaction of business, except that if there are only 3 members
serving on the Commission because of vacancies in the Commission, 2
members of the Commission shall constitute a quorum for the transaction
of business. If there are only 2 members serving on the Commission
because of vacancies in the Commission, 2 members shall constitute a
quorum for the 6-month period beginning on the date of the vacancy
which caused the number of Commission members to decline to 2.
    ``(g) Seal.--The Commission shall have an official seal.
    ``(h) Compensation.--
            ``(1) Chair.--The Chair shall receive compensation at the
        rate prescribed for level I of the Executive Schedule under
        section 5313 of title 5, United States Code.
            ``(2) Other members of the commission.--The 3 other members
        of the Commission appointed under subsection (c)(1) shall each
        receive compensation at the rate prescribed for level II of the
        Executive Schedule under section 5314 of title 5, United States
        Code.
    ``(i) Initial Quorum Established.--During any time period prior to
the confirmation of at least two members of the Commission, one member
of the Commission shall constitute a quorum for the transaction of
business. Following the confirmation of at least 2 additional
commissioners, the quorum requirements of subsection (f) shall
apply.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Consumer Financial Protection Act of 2010.--
            (1) In general.--The Consumer Financial Protection Act of
        2010 is amended--
                    (A) in section 1002, by striking paragraph (10);
                    (B) in section 1012(c)(4), by striking ``Director''
                each place such term appears and inserting ``Commission
                of the Bureau'';
                    (C) in section 1013(c)(3)--
                            (i) by striking ``Assistant Director of the
                        Bureau for'' and inserting ``Head of the Office
                        of''; and
                            (ii) in subparagraph (B), by striking
                        ``Assistant Director'' and inserting ``Head of
                        the Office'';
                    (D) in section 1013(g)(2)--
                            (i) by striking ``Assistant director'' and
                        inserting ``Head of the office''; and
                            (ii) by striking ``an assistant director''
                        and inserting ``a Head of the Office of
                        Financial Protection for Older Americans'';
                    (E) in section 1016(a), by striking ``Director of
                the Bureau'' and inserting ``Chair of the Commission'';
                    (F) in section 1017(c)(1), by striking ``Director
                and other employees'' and inserting ``members of the
                Commission and other employees'';
                    (G) in section 1027(l)(1), by striking ``Director
                and the''; and
                    (H) in section 1066(a), by striking ``Director of
                the Bureau is'' and inserting ``first member of the
                Commission is''.
            (2) Global amendments.--The Consumer Financial Protection
        Act of 2010 is amended--
                    (A) by striking ``Director of the'' each place such
                term appears, other than in--
                            (i) subparagraphs (A) and (E) of section
                        1017(4);
                            (ii) section 1043;
                            (iii) section 1061(b)(3);
                            (iv) section 1062;
                            (v) section 1063(f);
                            (vi) subparagraphs (E) and (G) of section
                        1064(i)(2); and
                            (vii) section 1065(a); and
                    (B) by striking ``Director'' each place such term
                appears and inserting ``Bureau'', other than in--
                            (i) section 1063(f)(2); and
                            (ii) section 1065(a).
    (b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The
Dodd-Frank Wall Street Reform and Consumer Protection Act is amended--
            (1) in section 111(b)(1)(D), by striking ``Director'' and
        inserting ``Chair of the Commission''; and
            (2) in section 1447, by striking ``Director of the Bureau''
        each place such term appears and inserting ``Bureau''.
    (c) Electronic Fund Transfer Act.--Section 921(a)(4)(C) of the
Electronic Fund Transfer Act, as added by section 1075(a)(2) of the
Consumer Financial Protection Act of 2010, is amended by striking
``Director of the Bureau of Consumer Financial Protection'' and
inserting ``Bureau of Consumer Financial Protection''.
    (d) Expedited Funds Availability Act.--The Expedited Funds
Availability Act, as amended by section 1086 of the Consumer Financial
Protection Act of 2010, is amended by striking ``Director of the
Bureau'' each place such term appears and inserting ``Bureau''.
    (e) Federal Deposit Insurance Act.--Section 2 of the Federal
Deposit Insurance Act, as amended by section 336(a) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act, is amended by striking
``Director of the Consumer Financial Protection Bureau'' each place
such term appears and inserting ``Chair of the Commission of the Bureau
of Consumer Financial Protection''.
    (f) Federal Financial Institutions Examination Council Act of
1978.--Section 1004(a)(4) of the Federal Financial Institutions
Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended by
section 1091 of the Consumer Financial Protection Act of 2010, is
amended by striking ``Director of the Consumer Financial Protection
Bureau'' and inserting ``Chair of the Commission of the Bureau of
Consumer Financial Protection''.
    (g) Financial Literacy and Education Improvement Act.--Section 513
of the Financial Literacy and Education Improvement Act, as amended by
section 1013(d) of the Consumer Financial Protection Act of 2010, is
amended by striking ``Director'' each place such term appears and
inserting ``Chair of the Commission''.
    (h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home
Mortgage Disclosure Act of 1975, as amended by section 1094(6) of the
Consumer Financial Protection Act of 2010, is amended by striking
``Director of the Bureau of Consumer Financial Protection'' each place
such term appears and inserting ``Bureau of Consumer Financial
Protection''.
    (i) Interstate Land Sales Full Disclosure Act.--The Interstate Land
Sales Full Disclosure Act, as amended by section 1098A of the Consumer
Financial Protection Act of 2010, is amended--
            (1) by amending section 1402(1) to read as follows:
    ``(1) `Chair' means the Chair of the Commission of the Bureau of
Consumer Financial Protection;'';
            (2) in section 1416(a), by striking ``Director of the
        Bureau of Consumer Financial Protection'' and inserting
        ``Chair''; and
            (3) by striking ``Director'' each place such term appears
        and inserting ``Bureau''.
    (j) Real Estate Settlement Procedures Act of 1974.--Section 5 of
the Real Estate Settlement Procedures Act of 1974, as amended by
section 1450 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act, is amended--
            (1) by striking ``The Director of the Bureau of Consumer
        Financial Protection (hereafter in this section referred to as
        the `Director')'' and inserting ``The Bureau of Consumer
        Financial Protection''; and
            (2) by striking ``Director'' each place such term appears
        and inserting ``Bureau''.
    (k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage
Licensing Act of 2008, as amended by section 1100 of the Consumer
Financial Protection Act of 2010, is amended--
            (1) by striking ``Director'' each place such term appears
        in headings and text and inserting ``Bureau''; and
            (2) in section 1503, by striking paragraph (10).
    (l) Title 44, United States Code.--Section 3513(c) of title 44,
United States Code, as amended by section 1100D(b) of the Consumer
Financial Protection Act of 2010, is amended by striking ``Director of
the Bureau'' and inserting ``Bureau''.

Summary: Consumer Financial Protection Commission Act of 2013 - Amends the Consumer Financial Protection Act of 2010 , to replace the position of Director of the Bureau of Consumer Financial Protection with a five-member Commission whose members are appointed by the President, by and with the advice and consent of the Senate. Prohibits the Chair of the Commission from making requests for estimates related to appropriations without prior Commission approval.


SECTION 1. FINDINGS.

    Congress finds that--
             (1) the 50-mile Handford Reach is the last free-flowing
        nontidal segment of the Columbia River in the United States and
        has been preserved in a relatively natural condition because of
        its location within the Hanford Nuclear Reservation;
            (2) in 1988, Congress, in Public Law 100-605 (102 Stat.
        3043), called for an analysis of protection alternatives for
        the Hanford Reach and a report to Congress by the Secretary of
        the Interior, who concluded in the Hanford Reach Final
        Environmental Impact Statement dated June 1994 that the Hanford
        Reach should be designated as a recreational river under the
        Wild and Scenic Rivers Act;
            (3) the Hanford Reach is a vital migration corridor for
        anadromous fish and contains some of the most productive
        spawning areas in the Northwest United States, producing an
        estimated 80 percent of the Columbia Basin's fall chinook
        salmon and healthy runs of naturally spawning steelhead trout,
        sturgeon, and other highly valued fish species;
            (4) the Hanford Reach provides important habitat for
        wintering and migrating waterfowl, bald eagles, deer, elk, and
        a diversity of other wildlife, including numerous Federal and
        State-listed threatened and endangered plant and animal
        species, some of which are found nowhere else;
            (5) the White Bluffs and pristine conditions of the Hanford
        Reach offer scenic beauty, opportunities for solitude, and
        recreation, including hunting, fishing, boating, hiking,
        swimming, and wildlife observation, in close proximity to the
        Tri-Cities area of the State of Washington;
            (6) the Hanford Reach and its salmon runs have been
        important to mid-Columbia Native Americans for subsistence,
        cultural, and religious purposes for more than 10,000 years,
        and there are 150 registered archaeological sites in the area;
            (7) the southern shore of the Hanford Reach chronicles the
        history of the Manhattan Project, defense nuclear production
        during the cold war, and early Euro-American settlement of the
        area;
            (8) the White Bluffs and adjacent shoreline areas are a
        significant paleontological resource and are rich with fossils
        remains from the Pliocene period;
            (9) protection of the Hanford Reach as a national wild and
        scenic river can enhance local revenues from outdoor recreation
        and increase economic investment in the Tri-Cities area by
        highlighting the quality of life and natural amenities of the
        area;
            (10) economic activities along the river corridor in
        existence on the date of enactment of this Act, such as
        agriculture, power production and transmission, and water
        withdrawal, are compatible with the recreational classification
        of the river, and the classification made by this Act cannot be
changed except by a subsequent Act of Congress;
            (11) designation of the Hanford Reach as a wild and scenic
        river can facilitate, and make less costly, the remediation of
        contaminated areas of the Hanford Nuclear Reservation by
        determining future land use within the river corridor and
        helping to ensure the Federal commitment to the cleanup of the
        Hanford Site;
            (12) the Hanford Reach has special significance as an
        outdoor laboratory and classroom and offers a singular
        opportunity for government agencies, tribes, and community
        organizations to develop a partnership around an education and
        interpretation program focused on the area's unique natural and
        human history;
            (13) the Columbia River shore immediately downstream of the
        Hanford Reach in the Tri-Cities area currently contains miles
        of high, steep levees which create a sterile gauntlet through
        which migrating anadromous fish must pass, and that flow
        controls on the Columbia River have reduced the need for levees
        of this height;
            (14) modifying levees in the Tri-Cities area could
        significantly improve the habitat value of this transition area
        to the Hanford Reach for fish and wildlife, decrease mortality
        of migratory fish and waterfowl, and have the additional
        benefits of improving rivershore access, recreation, and
        aesthetics; and
            (15) local jurisdictions in the Tri-Cities area have
        expressed interest in a partnership with the Army Corps of
        Engineers and other agencies to study rivershore restoration in
        the Tri-Cities area and develop a plan of action.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to protect the natural, cultural, scenic, and
        recreational resources of the Hanford Reach of the Columbia
        River;
            (2) to encourage education and interpretation of the
        Hanford Reach; and
            (3) to restore and enhance the natural habitat of the
        rivershore immediately downstream of the Hanford Reach in the
        vicinity of the Tri-Cities area of the State of Washington.

SEC. 3. COLUMBIA RIVER NATIONAL WILD AND SCENIC RIVER.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following:
    ``(____) Hanford reach, columbia river, washington.--The river
segment from river mile 346.5 to river mile 396, Hanford Reach,
Columbia River, Washington, as a recreational river, subject to the
following:
                    ``(A) No privately owned land.--Only public land
                adjacent to the river segment, and no privately owned
                land, may be included in the river segment.
                    ``(B) Management.--
                            ``(i) In general.--The Secretary of the
                        Interior shall manage the river segment as a
                        recreational river in accordance with the
                        National Wildlife Refuge System Administration
                        Act of 1996 (16 U.S.C. 668dd et seq.), this
                        Act, and other applicable law.
                            ``(ii) Rule of construction.--Nothing in
                        this Act or any other law authorizes the
                        Secretary of the Interior or any other
                        governmental officer to alter the
                        classification of the river segment as a
                        recreational river.
                    ``(C) Development of plan.--In developing and
                periodically revising a plan for the management of the
river segment, the Secretary of the Interior shall--
                            ``(i) consult with--
                                    ``(I) affected Indian tribes;
                                    ``(II) the State of Washington;
                                    ``(III) the Secretary of Energy;
                                    ``(IV) governments of local
                                jurisdictions adjacent to the river
                                segment; and
                                    ``(V) and advisory council composed
                                of the chairperson of the county
                                commissions for Benton County, Franklin
                                County, and Grant County, Washington,
                                and four citizens selected by the
                                Governor of Washington from those
                                counties to represent environmental,
                                recreational, cultural, and other
                                stakeholder interests;
                            ``(ii) provide opportunity for public
                        participation;
                            ``(iii) develop a strategy for acquiring
                        private land in the area defined by the
                        applicable environmental impact statement by
                        purchase, conservation easement, lease, or
                        donation on a willing-seller basis only;
                            ``(iv) recognize recreation as an
                        outstandingly remarkable value of the
                        designated area and give recreation a high
                        management priority, along with protection of
                        natural, cultural, and scenic resources;
                            ``(v) coordinate and cooperate with State,
                        local, and tribal governments and other
                        entities in the development and implementation
                        of educational and interpretive programs
                        related to the Hanford Reach; and
                            ``(vi) determine how--
                                    ``(I) a Hanford Reach educational
                                and interpretive center with
                                appropriate exhibit, conference, and
                                support facilities can be constructed
                                or be incorporated into a compatible
                                community facility;
                                    ``(II) interpretive education
                                efforts can be coordinated with local
                                governments and public school districts
                                in the region; and
                                    ``(III) recreational tourism
                                efforts associated with the Hanford
                                Reach can be coordinated through a
                                community-based visitor and convention
                                bureau.
                    ``(D) Access corridors.--Access corridors in
                existence on the date of enactment of this paragraph
                shall be retained.
                    ``(E) Rules of construction.--The designation of
                the river segment shall not be construed as--
                            ``(i) prohibiting or approving relicensing
                        of any hydroelectric facility by the Federal
                        Energy Regulatory Commission;
                            ``(ii) affecting any law, agreement, plan,
                        or policy in effect on the date of enactment of
                        this paragraph regarding water rights or
                        instream flows on the river segment;
                            ``(iii) prohibiting the operation or
                        maintenance of any energy, transmission, water
                        intake, or water outfall facility in existence
                        on the date of enactment of this paragraph;
                            ``(iv) prohibiting the modification,
                        repair, or replacement of any energy,
                        transmission, water intake, or water outfall
                        facility so long as there is no
substantial impact on the natural, cultural, or scenic resources of the
river segment and adjacent land area;
                            ``(v) establishing or imposing remediation
                        requirements more restrictive than those that
                        would apply but for this paragraph;
                            ``(vi) prohibiting construction of
                        temporary facilities essential to the
                        remediation and restoration of contaminated
                        areas within the viewshed of the river segment;
                        or
                            ``(vii) relieving the Secretary of Energy
                        from any obligation or other liability at the
                        Hanford Nuclear Reservation under the
                        Comprehensive Environmental Response,
                        Compensation, and Liability Act of 1980 (42
                        U.S.C. 9601 et seq.), the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.), and other applicable law or imposing any
such obligation or other liability on the Secretary of the Interior.
                    ``(F) Rivershore restoration and enhancement.--The
                Secretary of the Army, acting through the Chief of
                Engineers of the Army Corps of Engineers, in
                cooperation and coordination with the heads of other
                relevant Federal agencies and State and local
                governments, shall develop a comprehensive plan of
                improvement for restoration and enhancement of fish and
                wildlife habitat, recreation, river access, and overall
                aesthetics of the levees and other rivershore areas
                downstream of the river segment in the Tri-Cities area
                of the State of Washington.
                    ``(G) Section 1135 projects.--The Secretary of the
                Army, acting through the Chief of Engineers of the Army
                Corps of Engineers--
                            ``(i) subject to receipt of a statement of
                        interest from the non-Federal interests for the
                        following projects, shall, not later than 180
                        days after the date of enactment of this
                        paragraph, complete a preliminary restoration
                        plan under section 1135 of the Water Resources
                        Development Act of 1986 (33 U.S.C. 2309a) for
                        each of--
                                    ``(I) a portion of the rivershore
                                of Clover Island and a portion of the
                                levee immediately upstream of Clover
                                Island;
                                    ``(II) the rivershore immediately
                                upstream of the portion described in
                                subclause (I) in the city of Kennewick,
                                Washington, to United States Route 395
                                bridge;
                                    ``(III) the levee modified in 1994
                                between road 39 and the United States
                                Route 395 bridge in Franklin County,
                                Washington; and
                                    ``(IV) the levee between the United
                                States Route 395 bridge to the area
                                immediately downstream of the 10th
                                Avenue bridge in the city of Pasco,
                                Washington;
                            ``(ii) shall consider each of the projects
                        described in subclauses (I), (II), (III), and
                        (IV) of clause (i) to be a separate project for
                        purposes of the program under section 1135 of
                        the Water Resources Development Act of 1986 (33
                        U.S.C. 2309a); and
                            ``(iii) subject to receipt of necessary
                        commitments from the non-Federal interests for
                        the projects, shall, not later than 18 months
                        after the date of enactment of this paragraph,
                        complete a project modification report for each
                        of the projects.''.

Summary: Amends the Wild and Scenic Rivers Act to designate a specified segment of the Hanford Reach of the Columbia River in Washington State as a component of the National Wild and Scenic Rivers System. Provides that only public land adjacent to the segment, and no privately-owned land, shall be included in it. Requires the Secretary of the Interior to: (1) manage the segment as a recreational river. And (2) meet specified criteria in developing and periodically revising a plan for the management of the segment. Retains access corridors in existence on the enactment of this Act. Requires the Secretary of the Army, acting through the Chief of Engineers of the Army Corps of Engineers in cooperation and coordination with the heads of relevant Federal agencies and State and local governments, to develop a comprehensive plan of improvement for restoration and enhancement of fish and wildlife habitat, recreation, river access, and overall aesthetics of the levees and other rivershore areas downstream of the segment in the Tri-Cities area of Washington State. Requires the Secretary, acting through the Chief and subject to receipt of a statement of interest from the non-Federal interests for the following projects, to complete a preliminary restoration plan under the Water Resources Development Act of 1986 for: (1) a portion of the Clover Island rivershore and a portion of the levee immediately upstream of Clover Island. (2) the rivershore immediately upstream of the portion in the city of Kennewick, Washington, to the US Route 395 bridge. (3) the levee modified in 1994 between Road 39 and the US Route 395 bridge in Franklin County, Washington. And (4) the levee between the US Route 395 bridge to the area immediately downstream of the 10th Avenue bridge in the city of Pasco, Washington. Directs the Secretary, subject to the receipt of necessary commitments from the non-Federal interests, to complete a modification report for each project.

To amend the Wild and Scenic Rivers Act to designate a portion of the Columbia River as a recreational river, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sudden Oak Death Syndrome Control
Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) tan oak, coast live oak, Shreve's oak, and black oak
        trees are among the most beloved features of the topography of
        California and the Pacific Northwest and efforts should be made
        to protect those trees from disease;
            (2) the die-off of those trees, as a result of the exotic
        fungal pathogen Phytophthora ramorum, is approaching epidemic
        proportions;
            (3) native plants and forests must be protected from
        Phytophthora ramorum;
            (4) more information is needed on--
                    (A) Phytophthora ramorum, including the existence
                of Phytophthora ramorum throughout the United States;
                and
                    (B) sudden oak death syndrome, including--
                            (i) the causes;
                            (ii) the methods of transmittal; and
                            (iii) the best methods of treatment;
            (5) the host list for Phytophthora ramorum includes 60
        plant species in 32 genera, including--
                    (A) some of the most popular and economically
                important landscape and garden plants in the United
                States; and
                    (B) wild huckleberry plants, potentially
                endangering the commercial blueberry and cranberry
                industries;
            (6) sudden oak death syndrome threatens to create major
        economic and environmental problems in California, the Pacific
        Northwest, and other regions, including--
                    (A) the increased threat of fire and fallen trees;
                    (B) the cost of tree removal and a reduction in
                property values; and
                    (C) loss of revenue due to--
                            (i) restrictions on the movement of forest
                        products and nursery stock; and
                            (ii) the impact on the commercial nursery
                        and small fruit industries;
            (7) in 2002, the Secretary of Agriculture imposed a
        quarantine on the exportation from 10 counties in northern
        California and Curry County, Oregon, of oak trees and nursery
        plants that serve as hosts for Phytophthora ramorum;
            (8) on April 9, 2004, after the discovery of Phytophthora
        ramorum in 2 nurseries in southern California--
                    (A) restrictions were placed on the interstate
                movement of species that could potentially serve as
                hosts to Phytophthora ramorum; and
                    (B) new restrictions were implemented on the
                interstate movement of host plants and potential host
                plants from all commercial nurseries in the State of
                California that are outside the 10 quarantined
                counties;
            (9) on April 22, 2004, the restrictions referred to in
        paragraph (8)(B) were expanded to include--
                    (A) all plants in the same genus as host and
                potential host plants; and
                    (B) plants growing within 10 meters of a host or
                potential host plant; and
            (10) several States and Canada have placed restrictions on
        the importation of nursery plants from California.

SEC. 3. RESEARCH, MONITORING, AND REGULATION OF SUDDEN OAK DEATH
              SYNDROME.

    (a) In General.--The Secretary of Agriculture (referred to in this
Act as the ``Secretary'') shall carry out a sudden oak death syndrome
research, monitoring, and regulation program to develop methods to
control, manage, or eradicate sudden oak death syndrome from--
            (1) trees and shrubs on both public and private land; and
            (2) host plants and potential host plants from commercial
        nurseries.
    (b) Research, Monitoring, and Regulation Activities.--In carrying
out the program under subsection (a), the Secretary may--
            (1) conduct open space, roadside, and aerial surveys;
            (2) provide monitoring technique workshops with respect
        to--
                    (A) Phytophthora ramorum in wildland and urban
                areas; and
                    (B) Phytophthora ramorum infestations in nurseries;
            (3) conduct a comprehensive and biologically sound national
        survey of forests, plant nurseries, and landscapes that may
        have been exposed to Phytophthora ramorum, with priority given
        to surveying and inspecting plants at commercial nurseries and
        adjacent wildlands throughout the United States;
            (4) develop a comprehensive risk assessment of the threat
        posed by Phytophthora ramorum to natural and managed plant
        resources in the United States, including modes of transmission
        and the risk of infestation;
            (5) conduct a study of a representative sample of nursery
        plants imported into the United States from Europe, where
        Phytophthora ramorum is known to be found;
            (6) develop baseline information on the distribution,
        condition, and mortality rates of oaks with Phytophthora
        ramorum infestation;
            (7) maintain a geographic information system database of
        Phytophthora ramorum occurrences;
            (8) conduct research on Phytophthora ramorum ecology,
        pathology, and management in wildland, urban, and nursery
        settings;
            (9) evaluate the susceptibility of oak and other vulnerable
        species in the United States, with priority given to evaluating
        the susceptibility of commercially important nursery species;
            (10) conduct assessments of trees that could pose a hazard
        due to infestation of Phytophthora ramorum; and
            (11) provide diagnostic services.

SEC. 4. MANAGEMENT, TREATMENT, AND FIRE PREVENTION.

    (a) In General.--The Secretary shall conduct sudden oak death
syndrome management, treatment, and fire prevention activities.
    (b) Management, Treatment, and Fire Prevention Activities.--In
carrying out subsection (a), the Secretary shall--
            (1) carry out activities to reduce the threat of fire and
        fallen trees killed by sudden oak death syndrome;
            (2) increase and improve firefighting and emergency
        response capabilities in areas where fire hazard has increased
        due to tree die-off;
            (3) treat vegetation to prevent fire in areas heavily
        infected with sudden oak death syndrome; and
            (4) provide grants to local units of government for hazard
        tree removal, disposal and recycling, assessment and management
        of restoration and mitigation projects, green waste treatment
        facilities, reforestation, and resistant tree breeding.

SEC. 5. EDUCATION AND OUTREACH.

    (a) In General.--The Secretary shall conduct education and outreach
activities to make information available to the public on sudden death
oak syndrome.
    (b) Education and Outreach Activities.--In carrying out subsection
(a), the Secretary may--
            (1) develop and distribute educational materials for
        homeowners, arborists, urban foresters, park managers, public
        works personnel, recreationists, nursery workers, landscapers,
        naturists, firefighting personnel, and other individuals, as
        the Secretary determines appropriate;
            (2) design and maintain a website to provide information on
        sudden oak death syndrome; and
            (3) provide financial and technical support to States,
        local governments, and nonprofit organizations providing
        information on sudden oak death syndrome.

SEC. 6. INTERGOVERNMENTAL COMMUNICATION.

    (a) Sense of Congress.--It is the sense of Congress that close
communication between the affected agencies at all levels of government
is required for the programs authorized under this Act to be effective.
    (b) Regular Meetings or Consultations.--
            (1) In general.--In accordance with section 204(a) of the
        Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1534(a)), the
        Secretary shall convene regular meetings of, or conduct regular
        consultations with, Federal, State, tribal, and local
        government officials for the purpose of providing a means of
        exchanging information and recommendations on how to carry out
        this Act effectively.
            (2) Requirements.--Meetings or consultations conducted
        under paragraph (1) shall--
                    (A) be conducted in a manner that ensures that the
                various regions of the United States are represented;
                and
                    (B) include--
                            (i) representatives from the Animal and
                        Plant Health Inspection Service;
                            (ii) representatives from the Agriculture
                        Research Service;
                            (iii) representatives from the Cooperative
                        State Research, Education, and Extension
                        Service;
                            (iv) representatives from the Forest
                        Service;
                            (v) representatives from State forester
                        offices; and
                            (vi) State representatives from the
                        National Plant Board.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each of fiscal years
2005 through 2009--
            (1) to carry out section 3, $25,000,000;
            (2) to carry out section 4, $18,500,000; and
            (3) to carry out section 5, $700,000.

            Passed the Senate December 8, 2004.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                                S. 2575

_______________________________________________________________________

                                 AN ACT

To direct the Secretary of Agriculture to conduct research, monitoring,
 management, treatment, and outreach activities relating to sudden oak
 death syndrome and to convene regular meetings of, or conduct regular
   consultations with, Federal, State, tribal, and local government
    officials to provide recommendations on how to carry out those
                              activities.

Summary: Sudden Oak Death Syndrome Control Act of 2004 - Directs the Secretary of Agriculture to carry out a sudden oak death syndrome research, monitoring, and regulation program to control or eradicate sudden oak death syndrome from: (1) trees and shrubs on public and private land. And (2) host and potential host plants from commercial nurseries. Authorizes the Secretary to: (1) conduct open space, roadside, and aerial surveys, (2) provide monitoring workshops. (3) conduct a national survey of forests, plant nurseries, and landscapes that may have been exposed to Phytophthora ramorum, and develop a related risk assessment. (4) develop baseline information on infected oaks and maintain a geographic information system database of Phytophthora ramorum occurrences, (5) conduct Phytophthora ramorum research, (6) evaluate tree species susceptibility. And (7) provide diagnostic services. Directs the Secretary to conduct sudden oak death syndrome management, treatment, and fire prevention activities, including: (1) firefighting and emergency response improvements. And (2) local government grants for tree removal, disposal, and recycling, restoration and mitigation projects, green waste treatment facilities, reforestation, and resistant tree breeding. Directs the Secretary to conduct outreach and education activities, including: (1) educational materials development and distribution, including a website. And (2) financial and technical support to States, local governments, and nonprofit organizations providing information on sudden oak death syndrome. Expresses the sense of Congress that agency communication at all governmental levels is required for program effectiveness. Directs the Secretary to meet and consult regularly with Federal, State, tribal, and local government officials to exchange program information. Authorizes appropriations for FY 2005 through 2009.

A bill to direct the Secretary of Agriculture to conduct research, monitoring, management, treatment, and outreach activities relating to sudden oak death syndrome and to convene regular meetings of, or conduct regular consultations with, Federal, State, tribal, and local government officials to provide recommendations on how to carry out those activities.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Employment Non-Discrimination Act of
1995''.

SEC. 2. DISCRIMINATION PROHIBITED.

    A covered entity, in connection with employment or employment
opportunities, shall not--
            (1) subject an individual to different standards or
        treatment on the basis of sexual orientation,
            (2) discriminate against an individual based on the sexual
        orientation of persons with whom such individual is believed to
        associate or to have associated, or
            (3) otherwise discriminate against an individual on the
        basis of sexual orientation.

SEC. 3. BENEFITS.

    This Act does not apply to the provision of employee benefits to an
individual for the benefit of his or her partner.

SEC. 4. NO DISPARATE IMPACT.

    The fact that an employment practice has a disparate impact, as the
term ``disparate impact'' is used in section 703(k) of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-2(k)), on the basis of sexual orientation
does not establish a prima facie violation of this Act.

SEC. 5. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED.

    (a) Quotas.--A covered entity shall not adopt or implement a quota
on the basis of sexual orientation.
    (b) Preferential Treatment.--A covered entity shall not give
preferential treatment to an individual on the basis of sexual
orientation.

SEC. 6. RELIGIOUS EXEMPTION.

    (a) In General.--Except as provided in subsection (b), this Act
shall not apply to religious organizations.
    (b) For-Profit Activities.--This Act shall apply with respect to
employment and employment opportunities that relate to any employment
position that pertains solely to a religious organization's for-profit
activities subject to taxation under section 511(a) of the Internal
Revenue Code of 1986.

SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS'
              PREFERENCES.

    (a) Armed Forces.--(1) For purposes of this Act, the term
``employment or employment opportunities'' does not apply to the
relationship between the United States and members of the Armed Forces.
    (2) As used in paragraph (1), the term ``Armed Forces'' means the
Army, Navy, Air Force, Marine Corps, and Coast Guard.
    (b) Veterans' Preferences.--This Act does not repeal or modify any
Federal, State, territorial, or local law creating special rights or
preferences for veterans.

SEC. 8. ENFORCEMENT.

    (a) Enforcement Powers.--With respect to the administration and
enforcement of this Act in the case of a claim alleged by an individual
for a violation of this Act--
            (1) the Commission shall have the same powers as the
        Commission has to administer and enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42
                U.S.C. 2000e et seq.), or
                    (B) sections 302, 303, and 304 of the Government
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203,
                1204),
        in the case of a claim alleged by such individual for a
        violation of such title or of section 302(a)(1) of such Act,
        respectively,
            (2) the Librarian of Congress shall have the same powers as
        the Librarian of Congress has to administer and enforce title
        VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
        in the case of a claim alleged by such individual for a
        violation of such title,
            (3) the Board (as defined in section 101 of the
        Congressional Accountability Act of 1995 (Public Law 104-1; 109
        Stat. 3) shall have the same powers as the Board has to
        administer and enforce the Congressional Accountability Act of
        1995 in the case of a claim alleged by such individual for a
        violation of section 201(a)(1) of such Act,
            (4) the Attorney General of the United States shall have
        the same powers as the Attorney General has to administer and
        enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42
                U.S.C. 2000e et seq.), or
                    (B) sections 302, 303, and 304 of the Government
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203,
                1204),
        in the case of a claim alleged by such individual for a
        violation of such title or of section 302(a)(1) of such Act,
        respectively, and
            (5) the courts of the United States shall have the same
        jurisdiction and powers as such courts have to enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42
                U.S.C. 2000e et seq.) in the case of a claim alleged by
                such individual for a violation of such title,
                    (B) sections 302, 303, and 304 of the Government
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204)
                in the case of a claim alleged by such individual for a
                violation of section 302(a)(1) of such Act, and
                    (C) the Congressional Accountability Act of 1995
                (Public Law 104-1; 109 Stat. 3) in the case of a claim
                alleged by such individual for a violation of section
                201(a)(1) of such Act.
    (b) Procedures and Remedies.--The procedures and remedies
applicable to a claim alleged by an individual for a violation of this
Act are--
            (1) the procedures and remedies applicable for a violation
        of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
        et seq.) in the case of a claim alleged by such individual for
        a violation of such title,
            (2) the procedures and remedies applicable for a violation
        of section 302(a)(1) of the Government Employee Rights Act of
        1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by
        such individual for a violation of such section, and
            (3) the procedures and remedies applicable for a violation
        of section 201(a)(1) of Congressional Accountability Act of
        1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim
        alleged by such individual for a violation of such section.
    (c) Other Applicable Provisions.--With respect to claims alleged by
covered employees (as defined in section 101 of the Congressional
Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for
violations of this Act, title III of the Congressional Accountability
Act of 1995 shall apply in the same manner as such title applies with
respect to a claims alleged by such covered employees for violations of
section 201(a)(1) of such Act.

SEC. 9. STATE AND FEDERAL IMMUNITY.

    (a) State Immunity.--A State shall not be immune under the eleventh
article of amendment to the Constitution of the United States from an
action in a Federal court of competent jurisdiction for a violation of
this Act. In an action against a State for a violation of this Act,
remedies (including remedies at law and in equity) are available for
the violation to the same extent as such remedies are available in an
action against any public or private entity other than a State.
    (b) Liability of the United States.--The United States shall be
liable for all remedies (excluding punitive damages) under this Act to
the same extent as a private person and shall be liable to the same
extent as a nonpublic party for interest to compensate for delay in
payment.

SEC. 10. ATTORNEYS' FEES.

    In any action or administrative proceeding commenced pursuant to
this Act, the court or the Commission, in its discretion, may allow the
prevailing party, other than the United States, a reasonable attorney's
fee, including expert fees and other litigation expenses, and costs.
The United States shall be liable for the foregoing the same as a
private person.

SEC. 11. RETALIATION AND COERCION PROHIBITED.

    (a) Retaliation.--A covered entity shall not discriminate against
an individual because such individual opposed any act or practice
prohibited by this Act or because such individual made a charge,
assisted, testified, or participated in any manner in an investigation,
proceeding, or hearing under this Act.
    (b) Coercion.--A person shall not coerce, intimidate, threaten, or
interfere with any individual in the exercise or enjoyment of, or on
account of his or her having exercised, enjoyed, assisted, or
encouraged the exercise or enjoyment of, any right granted or protected
by this Act.

SEC. 12. POSTING NOTICES.

    A covered entity shall post notices for employees, applicants for
employment, and members describing the applicable provisions of this
Act in the manner prescribed by, and subject to the penalty provided
under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
10).

SEC. 13. REGULATIONS.

    The Commission shall have authority to issue regulations to carry
out this Act.
SEC. 14. RELATIONSHIP TO OTHER LAWS.

    This Act shall not invalidate or limit the rights, remedies, or
procedures available to an individual claiming discrimination
prohibited under any other Federal law or any law of a State or
political subdivision of a State.

SEC. 15. SEVERABILITY.

    If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be invalid, the remainder of
this Act and the application of such provision to other persons or
circumstances shall not be affected thereby.

SEC. 16. EFFECTIVE DATE.

    This Act shall take effect 60 days after the date of the enactment
of this Act and shall not apply to conduct occurring before such
effective date.

SEC. 17. DEFINITIONS.

    As used in this Act:
            (1) The term ``Commission'' means the Equal Employment
        Opportunity Commission.
            (2) The term ``covered entity'' means an employer,
        employment agency, labor organization, joint labor management
        committee, an entity to which section 717(a) of the Civil
        Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing
        authority to which section 302(a)(1) of the Government Employee
        Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an
        employing authority to which section 201(a) of the
        Congressional Accountability Act of 1995 (Public Law 104-1; 109
        Stat. 3) applies.
            (3) The term ``employer'' has the meaning given such term
        in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(b)).
            (4) The term ``employment agency'' has the meaning given
        such term in section 701(c) of the Civil Rights Act of 1964 (42
        U.S.C. 2000e(c)).
            (5) The term ``employment or employment opportunities''
        includes job application procedures, hiring, advancement,
        discharge, compensation, job training, or any other term,
        condition, or privilege of employment.
            (6) The term ``labor organization'' has the meaning given
        such term in section 701(d) of the Civil Rights Act of 1964 (42
        U.S.C. 2000e(d)).
            (7) The term ``person'' has the meaning given such term in
        section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(a)).
            (8) The term ``religious organization'' means--
                    (A) a religious corporation, association, or
                society, or
                    (B) a college, school, university, or other
                educational institution, not otherwise a religious
                organization, if--
                            (i) it is in whole or substantial part
                        controlled, managed, owned, or supported by a
                        religious corporation, association, or society,
                        or
                            (ii) its curriculum is directed toward the
                        propagation of a particular religion.
            (9) The term ``sexual orientation'' means homosexuality,
        bisexuality, or heterosexuality, whether such orientation is
        real or perceived.
            (10) The term ``State'' has the meaning given such term in
        section 701(i) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(i)).

Summary: Employment Non-Discrimination Act of 1995 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner. And (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits quotas and preferential treatment. Declares that this Act does not apply to: (1) religious organizations, (2) the armed forces. Or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies to the same extent as a private person. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mapping a New and Innovative Focus
on Our Exploration Strategy for Human Spaceflight Act of 2016'' or the
``MANIFEST for Human Spaceflight Act of 2016''.

SEC. 2. REAFFIRMATION OF POLICY AND FINDINGS.

    (a) Reaffirmation of Policy.--Congress reaffirms that the long-term
goal of the human space flight and exploration efforts of the National
Aeronautics and Space Administration shall be to expand permanent human
presence beyond low-Earth orbit and to do so, where practical, in a
manner involving international partners, as stated in section 202(a) of
the National Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18312(a)).
    (b) Findings.--Congress makes the following findings:
            (1) In accordance with section 204 of the National
        Aeronautics and Space Administration Authorization Act of 2010
        (Public Law 111-267; 124 Stat. 2813), the National Academy of
        Sciences, through its Committee on Human Spaceflight, conducted
        a review of the goals, core capabilities, and direction of
        human space flight, and published the findings and
        recommendations in a 2014 report entitled ``Pathways to
        Exploration: Rationales and Approaches for a U.S. Program of
        Human Space Exploration''.
            (2) The Committee on Human Spaceflight included leaders
        from the aerospace, scientific, security, and policy
        communities. With input from the public, the Committee on Human
        Spaceflight concluded that many practical and aspirational
        rationales together constitute a compelling case for human
        space exploration. These rationales include economic benefits,
        national security, national prestige, inspiring students and
        other citizens, scientific discovery, human survival, and a
        sense of shared destiny.
            (3) The Committee on Human Spaceflight affirmed that Mars
        is the appropriate long-term goal for the human space flight
        program.
            (4) The Committee on Human Spaceflight recommended that the
        National Aeronautics and Space Administration define a series
        of sustainable steps and conduct mission planning and
        technology development as needed to achieve the long-term goal
        of placing humans on the surface of Mars.

SEC. 3. HUMAN EXPLORATION STRATEGY.

    (a) Human Exploration of Mars.--Section 202(b) of the National
Aeronautics and Space Administration Authorization Act of 2010 (42
U.S.C. 18312(b)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) to achieve human exploration of Mars, including the
        establishment of a capability to extend human presence to the
        surface of Mars.''.
    (b) Exploration Strategy.--
            (1) In general.--In accordance with this subsection, the
        Administrator of the National Aeronautics and Space
        Administration shall submit an interim report and final report
        setting forth a strategy to achieve the objective in paragraph
        (5) of section 202(b) of the National Aeronautics and Space
        Administration Authorization Act of 2010, as amended by
        subsection (a) of this section, through a series of successive,
        sustainable, free-standing, but complementary missions making
        robust utilization of cis-lunar space and employing the Space
        Launch System, Orion crew capsule, and other capabilities
        provided under titles III, IV, V, and IX of that Act (42 U.S.C.
        18301 et seq.).
            (2) Strategy requirements.--In developing the strategy
        under paragraph (1), the Administrator shall include--
                    (A) the utility of an expanded human presence in
                cis-lunar space toward enabling missions to various
                lunar orbits, the lunar surface, asteroids, Mars, the
                moons of Mars, and other destinations of interest for
                future human exploration and development;
                    (B) the utility of an expanded human presence in
                cis-lunar space for economic, scientific, and
                technological advances;
                    (C) the opportunities for collaboration with--
                            (i) international partners;
                            (ii) private industry; and
                            (iii) other Federal agencies, including
                        missions relevant to national security or
                        scientific needs;
                    (D) the opportunities specifically afforded by the
                International Space Station (ISS) to support high
                priority scientific research and technological
                developments useful in expanding and sustaining a human
                presence in cis-lunar space and beyond;
                    (E) a range of exploration mission architectures
                and approaches for the missions identified under
                paragraph (1), including capabilities for the Orion
                crew capsule and the Space Launch System;
                    (F) a comparison of architectures and approaches
                based on--
                            (i) assessed value of factors including
                        cost effectiveness, schedule resiliency,
                        safety, sustainability, and opportunities for
                        international collaboration;
                            (ii) the extent to which certain
                        architectures and approaches may enable new
                        markets and opportunities for United States
                        private industry, provide compelling
                        opportunities for scientific discovery and
                        technological excellence, sustain United States
                        competitiveness and leadership, and address
                        critical national security considerations and
                        requirements; and
                            (iii) the flexibility of such architectures
                        and approaches to adjust to evolving
                        technologies, partners, priorities, and budget
                        projections and constraints;
                    (G) measures for setting standards for ensuring
                crew health and safety, including limits regarding
                radiation exposure and countermeasures necessary to
                meet those limits, means and methods for addressing
                urgent medical conditions or injuries, and other such
                safety, health, and medical issues that can be
                anticipated in the conduct of the missions identified
                under paragraph (1);
                    (H) a description of crew training needs and
                capabilities (including space suits and life support
                systems) necessary to support the conduct of missions
                identified under paragraph (1);
                    (I) a detailed plan for prioritizing and phasing
                near-term intermediate destinations and missions
                identified under paragraph (1);
                    (J) an assessment of the recommendations of the
                report prepared in compliance with section 204 of the
                National Aeronautics and Space Administration
                Authorization Act of 2010 (Public Law 111-267; 124
                Stat. 2813), including a detailed explanation of how
                the Administrator has ensured such recommendations have
                been, to the extent practicable, incorporated into the
                strategy under paragraph (1); and
                    (K) technical information as needed to identify
                interest from potential stakeholder or partner
                communities.
            (3) Independent review.--
                    (A) In general.--The Administrator shall enter into
                an arrangement with the National Academy of Sciences to
                review and comment on each interim report pursuant to
                paragraph (1). Under the arrangement, the National
                Academy of Sciences shall review each interim report on
                the strategy described in paragraph (1) and identify
                the following:
                            (i) Matters in such interim report agreed
                        upon by the National Academy of Sciences.
                            (ii) Matters in such interim report raising
                        concerns for the National Academy of Sciences.
                            (iii) Such further recommendations with
                        respect to matters covered by such interim
                        report as the National Academy of Sciences
                        considers appropriate.
                    (B) Timing of review and comment.--The
                Administrator shall ensure that the review and comment
                on an interim report provided for pursuant to
                subparagraph (A) is conducted in a timely manner to
                comply with the requirements of this subsection and, to
                the maximum extent practicable, to facilitate the
                incorporation of the comments of the National Academy
                of Sciences pursuant to subparagraph (A) into the
                applicable final report required by this subsection.
            (4) Deadlines.--
                    (A) Interim reports.--Not later than 90 days after
                the date of the enactment of this Act, and not less
                than every five years thereafter, the Administrator
                shall submit to the National Academy of Sciences an
                interim report on the strategy required by paragraph
                (1) in order to facilitate the independent review and
                comment on the strategy as provided for by paragraph
                (3).
                    (B) Final reports.--Not later than one year after
                the date of the enactment of this Act, and not less
                than every five years thereafter, the Administrator
                shall submit to Congress a final report on the strategy
                required by paragraph (1), which shall include and
                incorporate the response of the National Academy of
                Sciences to the most recent interim report pursuant to
                paragraph (3).

Summary: Mapping a New and Innovative Focus on Our Exploration Strategy for Human Spaceflight Act of 2016 or the MANIFEST for Human Spaceflight Act of 2016 This bill amends the National Aeronautics and Space Administration Authorization Act of 2010 to make it a key US objective to achieve human exploration of Mars, including the establishment of a capability to extend human presence to the surface of Mars. The National Aeronautics and Space Administration (NASA) shall report a strategy to achieve such objective through a series of successive, sustainable, free-standing, but complementary missions making robust use of cislunar space and employing the Space Launch System, Orion crew capsule, and other capabilities provided under specified titles of the Act. NASA shall arrange with the National Academy of Sciences (NAS) to review and comment on each interim report on the strategy and identify matters the NAS agrees with and matters raising NAS concerns, as well as any NAS recommendations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Algae-based Renewable Fuel Promotion
Act of 2010''.

SEC. 2. ALGAE TREATED AS A QUALIFIED FEEDSTOCK FOR PURPOSES OF THE
              CELLULOSIC BIOFUEL PRODUCER CREDIT, ETC.

    (a) In General.--Subclause (I) of section 40(b)(6)(E)(i) of the
Internal Revenue Code of 1986 is amended to read as follows:
                                    ``(I) is derived solely from
                                qualified feedstocks, and''.
    (b) Qualified Feedstock; Special Rules for Algae.--Paragraph (6) of
section 40(b) of such Code is amended by redesignating subparagraphs
(F), (G), and (H) as subparagraphs (H), (I), and (J), respectively, and
by inserting after subparagraph (E) the following new subparagraphs:
                    ``(F) Qualified feedstock.--For purposes of this
                paragraph, the term `qualified feedstock' means--
                            ``(i) any lignocellulosic or hemicellulosic
                        matter that is available on a renewable or
                        recurring basis, and
                            ``(ii) any cultivated algae, cyanobacteria,
                        or lemna.
                    ``(G) Special rules for algae.--In the case of fuel
                which is derived from feedstock described in
                subparagraph (F)(ii) and which is sold by the taxpayer
                to another person for refining by such other person
                into a fuel which meets the requirements of
                subparagraph (E)(i)(II)--
                            ``(i) such sale shall be treated as
                        described in subparagraph (C)(i),
                            ``(ii) such fuel shall be treated as
                        meeting the requirements of subparagraph
                        (E)(i)(II) in the hands of such taxpayer, and
                            ``(iii) except as provided in this
                        subparagraph, such fuel (and any fuel derived
                        from such fuel) shall not be taken into account
                        under subparagraph (C) with respect to the
                        taxpayer or any other person.''.
    (c) Algae Treated as a Qualified Feedstock for Purposes of Bonus
Depreciation for Biofuel Plant Property.--
            (1) In general.--Subparagraph (A) of section 168(l)(2) of
        such Code is amended by striking ``solely to produce cellulosic
        biofuel'' and inserting ``solely to produce second generation
        biofuel (as defined in section 40(b)(6)(E)''.
            (2) Conforming amendments.--Subsection (l) of section 168
        of such Code is amended--
                    (A) by striking ``cellulosic biofuel'' each place
                it appears in the text thereof and inserting ``second
                generation biofuel'',
                    (B) by striking paragraph (3) and redesignating
                paragraphs (4) through (8) as paragraphs (3) through
                (7), respectively,
                    (C) by striking ``Cellulosic'' in the heading of
                such subsection and inserting ``Second Generation'',
                and
                    (D) by striking ``cellulosic'' in the heading of
                paragraph (2) and inserting ``second generation''.
    (d) Conforming Amendments.--
            (1) Section 40 of such Code, as amended by subsection (b),
        is amended--
                    (A) by striking ``cellulosic biofuel'' each place
                it appears in the text thereof and inserting ``second
                generation biofuel'',
                    (B) by striking ``Cellulosic'' in the headings of
                subsections (b)(6), (b)(6)(E), and (d)(3)(D) and
                inserting ``Second generation'', and
                    (C) by striking ``cellulosic'' in the headings of
                subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), (d)(6),
                and (e)(3) and inserting ``second generation''.
            (2) Clause (ii) of section 40(b)(6)(E) of such Code is
        amended by striking ``Such term shall not'' and inserting ``The
        term `second generation biofuel' shall not''.
            (3) Paragraph (1) of section 4101(a) of such Code is
        amended by striking ``cellulosic biofuel'' and inserting
        ``second generation biofuel''.
    (e) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall apply to fuels sold or
        used after the date of the enactment of this Act.
            (2) Application to bonus depreciation.--The amendments made
        by subsection (c) shall apply to property placed in service
        after the date of the enactment of this Act.

SEC. 3. PAYGO COMPLIANCE.

    The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives September 28, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Algae-based Renewable Fuel Promotion Act of 2010 - Amends the Internal Revenue Code to modify the definition of cellulosic biofuel for purposes of the cellulosic biofuel producer tax credit and the special depreciation allowance to mean any liquid fuel which is derived solely from qualified feedstocks. Defines qualified feedstocks as any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis and any cultivated algae, cyanobacteria, or lemna. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.

To amend the Internal Revenue Code of 1986 to expand the definition of cellulosic biofuel to include algae-based biofuel for purposes of the cellulosic biofuel producer credit and the special allowance for cellulosic biofuel plant property.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prostate Testing Full Information
Act''.

SEC. 2. REQUIREMENT RELATING TO CERTAIN PHYSICIANS.

    (a) Requirement.--If a covered physician, during a physical
examination, examines the prostate gland of a patient, the physician
shall provide information to the patient concerning the availability of
appropriate diagnostic procedures, including the prostate antigen test,
if any of the following conditions are present:
            (1) The patient is over 50 years of age.
            (2) The patient manifests clinical symptomatology.
            (3) The patient is at an increased risk of prostate cancer.
            (4) The provision of the information to the patient is
        medically necessary, in the opinion of the physician.
    (b) Enforcement.--The Secretary of Health and Human Services shall
promulgate regulations that--
            (1) require the reporting of covered physicians that
        violate subsection (a) to the Secretary; and
            (2) provide for the application of sanctions to enforce the
        provisions of subsection (a).
    (c) Definition.--In this section, the term ``covered physician''
means a physician as defined in section 1861(r) of the Social Security
Act (42 U.S.C. 1395x(r)) who has received any Federal payment or
assistance under any program under--
            (1) the Public Health Service Act (42 U.S.C. 201 et seq.);
        or
            (2) the Social Security Act (42 U.S.C. 301 et seq.).

SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
              1974.

    (a) In General.--Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (as added by
section 603(a) of the Newborns' and Mothers' Health Protection Act of
1996 and amended by section 702(a) of the Mental Health Parity Act of
1996) is amended by adding at the end the following:

``SEC. 713. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.

    ``(a) Requirement.--If a physician, during a physical examination,
examines the prostate gland of a patient, the physician shall provide
information to the patient concerning the availability of appropriate
diagnostic procedures, including the prostate antigen test, if any of
the following conditions are present:
            ``(1) The patient is over 50 years of age.
            ``(2) The patient manifests clinical symptomatology.
            ``(3) The patient is at an increased risk of prostate
        cancer, as determined pursuant to regulations promulgated by
        the Secretary of Health and Human Services.
            ``(4) The provision of the information to the patient is
        medically necessary, in the opinion of the physician.
    ``(b) Prohibition on Limitation.--The provision of information in
accordance with subsection (a) may not be prohibited under the terms
of--
            ``(1) any written contract or written agreement between the
        physician and any group health plan, any health insurance
        issuer providing health insurance coverage in connection with a
        group health plan, or any related party with respect to a group
        health plan; or
            ``(2) any written statement from the plan, issuer, or
        related party to the physician.
    ``(c) Rule of Construction.--Nothing in this section shall be
construed as requiring a group health plan or a health insurance issuer
providing health insurance coverage in connection with a group health
plan to provide coverage for prostate specific antigen tests.
    ``(d) Definition.--In this section, the term `physician' has the
meaning given such term in section 1861(r) of the Social Security Act
(42 U.S.C. 1395x(r)).''.
    (b) Clerical Amendment.--The table of contents in section 1 of such
Act, as amended by section 603 of the Newborns' and Mothers' Health
Protection Act of 1996 and section 702 of the Mental Health Parity Act
of 1996, is amended by inserting after the item relating to section 712
the following new item:

``Sec. 713. Requirement relating to prostate specific antigen test.''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning on or after January 1, 1998.

SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE
              GROUP MARKET.

    (a) In General.--Subpart 2 of part A of title XXVII of the Public
Health Service Act (as added by section 604(a) of the Newborns' and
Mothers' Health Protection Act of 1996 and amended by section 703(a) of
the Mental Health Parity Act of 1996) is amended by adding at the end
the following new section:

``SEC. 2706. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.

    ``(a) Requirement.--If a physician, during a physical examination,
examines the prostate gland of a patient, the physician shall provide
information to the patient concerning the availability of appropriate
diagnostic procedures, including the prostate antigen test, if any of
the following conditions are present:
            ``(1) The patient is over 50 years of age.
            ``(2) The patient manifests clinical symptomatology.
            ``(3) The patient is at an increased risk of prostate
        cancer, as determined pursuant to regulations promulgated by
        the Secretary of Health and Human Services.
            ``(4) The provision of the information to the patient is
        medically necessary, in the opinion of the physician.
    ``(b) Prohibition on Limitation.--The provision of information in
accordance with subsection (a) may not be prohibited under the terms
of--
            ``(1) any written contract or written agreement between the
        physician and any group health plan, any health insurance
        issuer providing health insurance coverage in connection with a
        group health plan, or any related party with respect to a group
        health plan; or
            ``(2) any written statement from the plan, issuer, or
        related party to the physician.
    ``(c) Rule of Construction.--Nothing in this section shall be
construed as requiring a group health plan or a health insurance issuer
providing health insurance coverage in connection with a group health
plan to provide coverage for prostate specific antigen tests.
    ``(d) Definition.--In this section, the term `physician' has the
meaning given such term in section 1861(r) of the Social Security Act
(42 U.S.C. 1395x(r)).''.
    (b) Effective Date.--The amendments made by this section shall
apply with respect to group health plans for plan years beginning on or
after January 1, 1998.

SEC. 5. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE
              INDIVIDUAL MARKET.

    (a) In General.--Subpart 3 of part B of title XXVII of the Public
Health Service Act (as added by section 605(a) of the Newborn's and
Mother's Health Protection Act of 1996) is amended by adding at the end
the following new section:

``SEC. 2752. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST.

    ``The provisions of section 2706 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
    (b) Effective Date.--The amendment made by this section shall apply
with respect to health insurance coverage offered, sold, issued,
renewed, in effect, or operated in the individual market on or after
January 1, 1998.

SEC. 6. RESEARCH AND EDUCATION REGARDING PROSTATE CANCER; CERTAIN
              PROGRAMS OF THE PUBLIC HEALTH SERVICE.

    (a) National Institutes of Health.--Section 417B(c) of the Public
Health Service Act (42 U.S.C. 286a-8(c)) is amended in the first
sentence by striking ``$72,000,000'' and all that follows and inserting
the following: ``$90,250,000 for fiscal year 1998, $108,500,000 for
fiscal year 1999, $126,500,000 for fiscal year 2000, and $145,000,000
for fiscal year 2001.''.
    (b) Agency for Health Care Policy and Research.--Section 902 of the
Public Health Service Act (42 U.S.C. 299a) is amended by adding at the
end the following:
    ``(f) Activities Regarding Prostate Cancer.--The Administrator
shall, with respect to prostate cancer--
            ``(1) conduct and support research on the outcomes,
        effectiveness, and appropriateness of health services and
        procedures; and
            ``(2) in carrying out section 912(a), provide for the
        development, periodic review, and updating of clinically
        relevant guidelines, standards of quality, performance
        measures, and medical review criteria.''.

Summary: Prostate Testing Full Information Act - Requires any physician who has received any Federal payment or assistance under any program under the Public Health Service Act or the Social Security Act, if the physician examines a patient's prostate gland, to provide information on appropriate diagnostic procedures, including the prostate antigen test, if: (1) the patient is over 50, manifests clinical symptoms, or is at increased risk of prostate cancer. Or (2) the provision of the information is, in the opinion of the physician, medically necessary. Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to impose the same requirement as above and to declare that such information may not be prohibited under the terms of: (1) any agreement between the physician and any group health plan, insurance issuer providing group health coverage, or related party. Or (2) any written statement from the plan, issuer, or related party. Amends the Public Health Service Act to declare that such information may not be prohibited under those terms by an issuer in the individual market. Authorizes appropriations to carry out provisions relating to National Cancer Institute prostate cancer research. Requires the Agency for Health Care Policy and Research, with regard to prostate cancer, to: (1) conduct and support research on the outcomes, effectiveness, and appropriateness of health services and procedures. And (2) in carrying out provisions relating to the Forum for Quality and Effectiveness in Health Care, provide for the development, review, and updating of clinically relevant guidelines, quality standards, performance measures, and medical review criteria.

Prostate Testing Full Information Act