SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hydroelectric Licensing Process
Improvement Act of 1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) hydroelectric power is an irreplaceable source of
        clean, economic, renewable energy with the unique capability of
        supporting reliable electric service while maintaining
        environmental quality;
            (2) hydroelectric power is the leading renewable energy
        resource of the United States;
            (3) hydroelectric power projects provide multiple benefits
        to the United States, including recreation, irrigation, flood
        control, water supply, and fish and wildlife benefits;
            (4) in the next 15 years, the bulk of all non-Federal
        hydroelectric power capacity in the United States is due to be
        relicensed by the Federal Energy Regulatory Commission; and
            (5) the process of licensing hydroelectric projects by the
        Commission--
                    (A) has become inefficient, because Federal
                agencies that participate in the process are not
                required to submit their mandatory and recommended
                conditions to the license by a time certain; and
                    (B) does not produce optimal decisions, because the
                agencies are not required to consider a broad range of
                factors in determining those conditions.

SEC. 3. PURPOSE.

    The purpose of this Act is to improve the hydroelectric licensing
process by--
            (1) authorizing the Federal Energy Regulatory Commission to
        impose deadlines by which Federal agencies must submit proposed
        mandatory and recommended conditions to a license;
            (2) requiring the agencies to consider a broad range of
        factors in determining those conditions and to document the
        consideration of those factors; and
            (3) making other improvements to the licensing process.

SEC. 4. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO
              LICENSES.

    (a) In General.--Part I of the Federal Power Act (16 U.S.C. 791a et
seq.) is amended by adding at the end the following:

``SEC. 32. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS
              TO LICENSES.

    ``(a) Definitions.--In this section:
            ``(1) Condition.--The term `condition' means--
                    ``(A) a condition to a license for a project on a
                Federal reservation determined by a consulting agency
                for the purpose of the first proviso of section 4(e);
                and
                    ``(B) a prescription relating to the construction,
                maintenance, or operation of a fishway determined by a
                consulting agency for the purpose of the first sentence
                of section 18.
            ``(2) Consulting agency.--The term `consulting agency'
        means--
                    ``(A) in relation to a condition described in
                paragraph (1)(A), the Federal agency with
                administrative jurisdiction over the reservation; and
                    ``(B) in relation to a condition described in
                paragraph (1)(B), the Secretary of the Interior or the
                Secretary of Commerce, as appropriate.
    ``(b) Factors To Be Considered.--
            ``(1) In general.--In determining a condition, a consulting
        agency shall take into consideration--
                    ``(A) the impacts of the condition on--
                            ``(i) economic and power values;
                            ``(ii) electric generation capacity and
                        system reliability;
                            ``(iii) air quality; and
                            ``(iv) drinking, flood control, irrigation,
                        navigation, or recreation water supply; and
                    ``(B) compatibility with other conditions to be
                included in the license, including mandatory conditions
                of other agencies, when available.
            ``(2) Documentation.--
                    ``(A) In general.--In the course of the
                consideration of factors under paragraph (1) and before
                any review under subsection (e), a consulting agency
                shall create written documentation detailing, among
                other pertinent matters, all proposals made, comments
                received, facts considered, and analyses made regarding
                each of those factors sufficient to demonstrate that
                each of the factors was given full consideration in
                determining the condition to be submitted to the
                Commission.
                    ``(B) Submission to the commission.--A consulting
                agency shall include the documentation under
                subparagraph (A) in its submission of a condition to
                the Commission.
    ``(c) Scientific Review.--
            ``(1) In general.--Each condition determined by a
        consulting agency shall be subjected to appropriately
        substantiated scientific review.
            ``(2) Data.--For the purpose of paragraph (1), a condition
        shall be considered to have been subjected to appropriately
        substantiated scientific review if the review--
                    ``(A) was based on current empirical data or field-
                tested data; and
                    ``(B) was subjected to peer review.
    ``(d) Relationship to Impacts on Federal Reservation.--In the case
of a condition for the purpose of the first proviso of section 4(e),
each condition determined by a consulting agency shall be directly and
reasonably related to the impacts of the project within the Federal
reservation.
    ``(e) Administrative Review.--
            ``(1) Opportunity for review.--Before submitting to the
        Commission a proposed condition, and before a license applicant
        files a license application with the Commission, a consulting
        agency shall provide a license applicant an opportunity to
        obtain expedited review before an administrative law judge or
        other independent reviewing body of--
                    ``(A) the reasonableness of the condition in light
                of the effect that implementation of the condition will
                have on the energy and economic values of a project;
                and
                    ``(B) compliance by the consulting agency with the
                requirements of this section, including the requirement
                to consider the factors described in subsection (b)(1).
            ``(2) Completion of review.--
                    ``(A) In general.--A review under paragraph (1)
                shall be completed not more than 180 days after the
                license applicant notifies the consulting agency of the
                request for review.
                    ``(B) Failure to make timely completion of
                review.--If a consulting agency does not provide a
                license applicant a timely opportunity to review a
                proposed condition, the Commission may treat a
                condition submitted by the consulting agency as a
                recommendation is treated under section 10(j).
            ``(3) Remand.--If the administrative law judge or reviewing
        body finds that a proposed condition is unreasonable or that
        the consulting agency failed to comply with any of the
        requirements of this section, the administrative law judge or
        reviewing body shall--
                    ``(A) render a decision that--
                            ``(i) explains the reasons for a finding
                        that the condition is unreasonable and may make
                        recommendations that the administrative law
                        judge or reviewing body may have for the
                        formulation of a condition that would not be
                        found unreasonable; or
                            ``(ii) explains the reasons for a finding
                        that a requirement was not met and may describe
                        any action that the consulting agency should
                        take to meet the requirement; and
                    ``(B) remand the matter to the consulting agency
                for further action.
            ``(4) Submission to the commission.--Following
        administrative review under this subsection, a consulting
        agency shall--
                    ``(A) take such action as the consulting agency
                determines to be appropriate to formulate a condition
                that is not unreasonable or to comply with the
                requirements of this section; and
                    ``(B) include with its submission to the Commission
                of a proposed condition--
                            ``(i) the record on administrative review;
                        and
                            ``(ii) documentation of any action taken
                        following administrative review.
    ``(f) Deadline for Submission of Conditions.--
            ``(1) In general.--After an applicant files with the
        Commission an application for a license, the Commission may set
        a date by which a consulting agency shall file with the
        Commission a recommended or established condition.
            ``(2) Limitation.--Except as provided in paragraph (3), the
        date for submission shall be not greater than 1 year after the
        date on which the Commission gives the consulting agency notice
        that a license application is ready for environmental review.
            ``(3) Default.--If a consulting agency does not file a
        recommended or established condition to a license by the date
        set under paragraph (1)--
                    ``(A) the consulting agency shall not thereafter
                have authority to recommend or establish a condition to
                the license; and
                    ``(B) the Commission may, but shall not be required
                to, recommend or establish an appropriate condition to
                the license that--
                            ``(i) furthers the interest sought to be
                        protected by the provision of law that
                        authorizes the consulting agency to propose or
                        establish a condition to the license; and
                            ``(ii) conforms to the requirements of this
                        Act.
            ``(4) Extension.--The Commission may make 1 extension, of
        not more than 30 days, of a deadline set under paragraph (1).
    ``(g) Economic Analysis By the Commission.--The Commission shall
conduct an economic analysis of each condition submitted by a
consulting agency to determine whether the condition would render the
project uneconomic.
    ``(h) Commission Determination on Effect of Conditions.--When
requested by a license applicant in a request for rehearing, the
Commission shall make a written determination on whether a condition
submitted by a consulting agency is--
            ``(1) in the public interest, as measured by the impact of
        the condition on the factors described in subsection (b)(1);
            ``(2) reasonable;
            ``(3) supported by substantial evidence; and
            ``(4) consistent with this Act and other terms and
        conditions to be included in the license.''.
    (b) Conforming and Technical Amendments.--
            (1) Section 4.--Section 4(e) of the Federal Power Act (16
        U.S.C. 797(e)) is amended in the first proviso of the first
        sentence by inserting after ``conditions'' the following: ``,
        determined in accordance with section 32,''.
            (2) Section 18.--Section 18 of the Federal Power Act (16
        U.S.C. 811) is amended in the first sentence by striking
        ``prescribed by the Secretary of Commerce'' and inserting
        ``prescribed, in accordance with section 32, by the Secretary
        of the Interior or the Secretary of Commerce, as appropriate''.

SEC. 5. COORDINATED ENVIRONMENTAL REVIEW PROCESS.

    Part I of the Federal Power Act (16 U.S.C. 791a et seq.) (as
amended by section 3) is amended by adding at the end the following:

``SEC. 33. COORDINATED ENVIRONMENTAL REVIEW PROCESS.

    ``(a) Lead Agency Responsibility.--The Commission, as the lead
agency for environmental reviews under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects licensed under
this part, shall conduct a single consolidated environmental review for
each such project.
    ``(b) Deadlines.--
            ``(1) In general.--The Commission shall set a deadline for
        the submission of comments by Federal, State, and local
        government agencies in connection with the preparation of any
        environmental impact statement or environmental assessment
        required for a project.
            ``(2) Considerations.--In setting a deadline under
        paragraph (1), the Commission shall take into consideration--
                    ``(A) the need of the license applicant for a
                prompt and reasonable decision;
                    ``(B) the resources of interested Federal, State,
                and local government agencies; and
                    ``(C) applicable statutory requirements.''.

SEC. 6. STUDY OF SMALL HYDROELECTRIC PROJECTS.

    (a) In General.--Not later than 18 months after the date of
enactment of this Act, the Federal Energy Regulatory Commission shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Commerce of the House of Representatives a study
of the feasibility of establishing a separate licensing procedure for
small hydroelectric projects.
    (b) Definition of Small Hydroelectric Project.--The Commission may
by regulation define the term ``small hydroelectric project'' for the
purpose of subsection (a), except that the term shall include at a
minimum a hydroelectric project that has a generating capacity of 5
megawatts or less.

Summary: Hydroelectric Licensing Process Improvement Act of 1998 - Amends the Federal Power Act to prescribe factors which Federal agency participants in Federal Energy Regulatory Commission (FERC) hydroelectric license renewal process must consider and document when setting forth conditions for such renewals, including the economic impact of such conditions as well as air quality, flood control, irrigation, navigation, and recreation and drinking water supply. Requires that each condition be subjected to appropriately substantiated scientific peer review based on current empirical data or field-tested data. Requires such consulting agency to provide a license applicant opportunity to obtain expedited administrative review of its proposed conditions before filing a FERC application. Empowers the reviewing body to remand the matter to such agency if the reviewer finds the agency's proposed conditions do not comply with this Act. Sets a one-year deadline by which a consulting agency must file its proposed licensing conditions with FERC. Directs FERC to: (1) conduct an economic analysis of each condition submitted by a consulting agency to determine whether it would render the project uneconomic. (2) conduct a single consolidated environmental review for each licensed project pursuant to its status as lead agency for environmental reviews. And (3) set a deadline for the submission of comments by Federal, State, and local government agencies regarding any environmental impact or assessment required for a project. Instructs FERC to consider the need of license applicants for a prompt decision when setting such deadlines. Directs FERC to study and report to certain congressional committees on the feasibility of establishing a separate licensing procedure for small hydroelectric projects with a generating capacity of five megawatts or less.


SECTION 1. SHORT TITLE AND REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Fair Pay Act of
1997''.
    (b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Fair Labor Standards Act of 1938.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Wage differentials exist between equivalent jobs
        segregated by sex, race, and national origin in Government
        employment and in industries engaged in commerce or in the
        production of goods for commerce:
            (2) The existence of such wage differentials--
                    (A) depresses wages and living standards for
                employees necessary for their health and efficiency;
                    (B) prevents the maximum utilization of the
                available labor resources;
                    (C) tends to cause labor disputes, thereby
                burdening, affecting, and obstructing commerce;
                    (D) burdens commerce and the free flow of goods in
                commerce; and
                    (E) constitutes an unfair method of competition.
            (3) Discrimination in hiring and promotion has played a
        role in maintaining a segregated work force.
            (4) Many women and people of color work in occupations
        dominated by individuals of their same sex, race, and national
        origin.
            (5)(A) A General Accounting Office analysis of wages in the
        civil service of the State of Washington found that in 1985 of
        the 44 jobs studied that paid less than the average of all
        equivalent jobs, approximately 39 percent were female-dominated
        and approximately 16 percent were male dominated.
            (B) A study of wages in Minnesota using 1990 Decennial
        Census data found that 75 percent of the wage differential
        between white and non-white workers was unexplained and may be
        a result of discrimination.
            (6) Section 6(d) of the Fair Labor Standards Act of 1938
        prohibits discrimination in compensation for ``equal work'' on
        the basis of sex.
            (7) Title VII of the Civil Rights Act of 1964 prohibits
        discrimination in compensation because of race, color,
        religion, national origin, and sex. The United States Supreme
        Court, in its decision in County of Washington v. Gunther, 452
        U.S. 161 (1981), held that title VII's prohibition against
        discrimination in compensation also applies to jobs which do
        not constitute ``equal work'' as defined in section 6(d) of the
        Fair Labor Standards Act of 1938. Decisions of lower courts,
        however, have demonstrated that further clarification of
        existing legislation is necessary in order effectively to carry
        out the intent of Congress to implement the Supreme Court's
        holding in its Gunther decision.
            (8) Artificial barriers to the elimination of
        discrimination in compensation based upon sex, race, and
        national origin continue to exist more than 3 decades after the
        passage of section 6(d) of the Fair Labor Standards Act of 1938
        and the Civil Rights Act of 1964. Elimination of such barriers
        would have positive effects, including--
                    (A) providing a solution to problems in the economy
                created by discriminating wage differentials;
                    (B) substantially reducing the number of working
                women and people of color earning low wages, thereby
                reducing the dependence on public assistance; and
                    (C) promoting stable families by enabling working
                family members to earn a fair rate of pay.

SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS.

    (a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at
the end the following:
    ``(g)(1)(A) No employer having employees subject to any provisions
of this section shall discriminate between its employees on the basis
of sex, race, or national origin by paying wages to employees or groups
of employees at a rate less than the rate at which the employer pays
wages to employees or groups of employees of the opposite sex or
different race or national origin for work in equivalent jobs, except
where such payment is made pursuant to a seniority system, a merit
system, or a system which measures earnings by quantity or quality of
production.
    ``(B) An employer who is paying a wage rate differential in
violation of subparagraph (A) shall not, in order to comply with the
provisions of such subparagraph, reduce the wage rate of any employee.
    ``(2) No labor organization or its agents representing employees of
an employer having employees subject to any provision of this section
shall cause or attempt to cause such an employer to discriminate
against an employee in violation of paragraph (1)(A).
    ``(3) For purposes of administration and enforcement of this
subsection, any amounts owing to any employee which have been withheld
in violation of paragraph (1)(A) shall be deemed to be unpaid minimum
wages or unpaid overtime compensation under this section or section 7.
    ``(4) As used in this subsection:
            ``(A) The term `labor organization' means any organization
        of any kind, or any agency or employee representation committee
        or plan, in which employees participate and which exists for
        the purpose, in whole or in part, of dealing with employers
        concerning grievances, labor disputes, wages, rates of pay,
        hours of employment, or conditions of work.
            ``(B) The term `equivalent jobs' means jobs that may be
        dissimilar, but whose requirements are equivalent, when viewed
        as a composite of skills, effort, responsibility, and working
        conditions.''.
    (b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is
amended in the matter before paragraph (1) by striking ``section 6(d)''
and inserting ``sections 6(d) and 6(g)''.

SEC. 4. PROHIBITED ACTS.

    Section 15(a) (29 U.S.C. 215(a)) is amended by striking the period
at the end of paragraph (5) and inserting a semicolon and by adding
after paragraph (5) the following:
            ``(6) to discriminate against any individual because such
        individual has opposed any act or practice made unlawful by
        section 6(g) or because such individual made a charge,
        testified, assisted, or participated in any manner in an
        investigation, proceeding, or hearing under section 6(g); or
            ``(7) to discharge or in any other manner discriminate
        against, coerce, intimidate, threaten, or interfere with any
        employee or any other person because the employee inquired
        about, disclosed, compared, or otherwise discussed the
        employee's wages or the wages of any other employee, or because
        the employee exercised, enjoyed, aided, or encouraged any other
        person to exercise or enjoy any right granted or protected by
        section 6(g).''.

SEC. 5. REMEDIES.

    Section 16 (29 U.S.C. 216) is amended--
            (1) by adding at the end the following:
    ``(f) In any action brought under this section for violation of
section 6(g), the court shall, in addition to any other remedies
awarded to the prevailing plaintiff or plaintiffs, allow expert fees as
part of the costs. Any such action may be maintained as a class action
as provided by the Federal Rules of Civil Procedure.'';
            (2) in subsection (b), by striking ``section 15(a)(3)''
        each place it occurs and inserting ``paragraphs (3), (6), and
        (7) of section 15(a)''; and
            (3) in the fourth sentence of subsection (b), by striking
        ``No employees'' and inserting ``Except with respect to class
        actions brought under subsection (f), no employees''.

SEC. 6. RECORDS.

    Section 11(c) (29 U.S.C. 211(c)) is amended by inserting ``(1)''
after ``(c)'' and by adding at the end the following:
    ``(2)(A) Every employer subject to section 6(g) shall preserve
records which document and support the method, system, calculations,
and other bases used by the employer in establishing, adjusting, and
determining the wages paid to the employees of the employer. Every
employer subject to section 6(g) shall preserve such records for such
periods of time and shall make such reports therefrom to the Equal
Employment Opportunity Commission as shall be prescribed by the Equal
Employment Opportunity Commission by regulation or order as necessary
or appropriate for the enforcement of the provisions of section 6(g) or
any regulations promulgated thereunder.
    ``(B) Every employer subject to section 6(g) shall file annually
with the Equal Employment Opportunity Commission a report signed by its
president, treasurer, or corresponding principal officer containing
information in such detail as may be necessary accurately to disclose
the wage or salary rates paid to each classification, position, job
title, or other wage or salary group of employees employed by the
employer, as well as the sex, race, and national origin of employees at
each wage or salary level in each classification, position, job title,
or other wage or salary group. The report shall not contain the name of
any individual employee.
    ``(C) In order to carry out the purposes of this Act, the contents
of the reports filed with the Equal Employment Opportunity Commission
pursuant to subparagraph (B) shall be public information, and the Equal
Employment Opportunity Commission may publish any information and data
which it obtains pursuant to the provisions of subparagraph (B). The
Equal Employment Opportunity Commission may use the information and
data for statistical and research purposes, and compile and publish
such studies, analyses, reports, and surveys based thereon as it may
deem appropriate.
    ``(D) In order to carry out the purposes of this Act the Equal
Employment Opportunity Commission shall by regulation make reasonable
provision for the inspection and examination by any person of the
information and data contained in any report filed with it pursuant to
subparagraph (B).
    ``(E) The Equal Employment Opportunity Commission shall by
regulation provide for the furnishing of copies of reports filed with
it pursuant to subparagraph (B) to any person upon payment of a charge
based upon the cost of the service.
    ``(F) The Equal Employment Opportunity Commission shall issue rules
and regulations prescribing the form and content of reports required to
be filed under subparagraph (B) and such other reasonable rules and
regulations as it may find necessary to prevent the circumvention or
evasion of such reporting requirements. In exercising its authority
under subparagraph (B), the Equal Employment Opportunity Commission may
prescribe by general rule simplified reports for employers for whom it
finds that by virtue of their size a detailed report would be unduly
burdensome.''.

SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT
              TO CONGRESS.

    Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the
following:
    ``(4) The Equal Employment Opportunity Commission shall undertake
studies and provide information and technical assistance to employers,
labor organizations, and the general public concerning effective means
available to implement the provisions of section 6(g) prohibiting wage
discrimination between employees performing work in equivalent jobs on
the basis of sex, race, or national origin. Such studies, information,
and technical assistance shall be based upon and include reference to
the declared policy of such section to eliminate such discrimination.
In order to achieve the purposes of such section, the Equal Employment
Opportunity Commission shall further carry on a continuing program of
research, education, and technical assistance including--
            ``(A) undertaking and promoting research with the intent of
        developing means to expeditiously correct the conditions
        leading to section 6(g);
            ``(B) publishing and otherwise making available to
        employers, labor organizations, professional associations,
        educational institutions, the various media of communication,
        and the general public the findings of studies and other
        materials for promoting compliance with section 6(g);
            ``(C) sponsoring and assisting State and community
        informational and educational programs; and
            ``(D) providing technical assistance to employers, labor
        organizations, professional associations and other interested
        persons on means of achieving and maintaining compliance with
        the provisions of section 6(g).
    ``(5) The report submitted annually by the Equal Employment
Opportunity Commission to Congress pursuant to paragraph (1) shall
include a separate evaluation and appraisal regarding the
implementation of section 6(g).''.

SEC. 8. EFFECTIVE DATE.

    The amendments made by this Act shall take effect upon the
expiration of one year from the date of its  enactment.

Summary: Fair Pay Act of 1997 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. Prohibits the discharge of or any other discrimination against an individual for opposing any act or practice made unlawful by this Act, or for assisting in an investigation or proceeding under it. Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action. Requires employers subject to such prohibition to: (1) preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the Equal Employment Opportunity Commission (EEOC). And (2) make reports to the EEOC. Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act. (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act. And (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress.

Fair Pay Act of 1997


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Agency Anti-Lobbying Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) Federal agency employees have used appropriated funds
        to foster public support and opposition to legislation pending
        before the Congress;
            (2) there are conflicting interpretations of the existing
        anti-lobbying restrictions; and
            (3) the use of appropriated funds derived from tax revenues
        paid to the Treasury by all Americans to preferentially support
        or oppose pending legislation is inappropriate and improper.
    (b) Purpose.--The purpose of this Act is to establish a civil
prohibition on the expenditure of appropriated funds by Federal
agencies for lobbying purposes and to make clear that such funds may
not be used in any manner or in any amount, however small, to organize
efforts to affect the outcome of congressional action by appealing
directly or indirectly for public support.

SEC. 3. PROHIBITION ON USE OF APPROPRIATED FUNDS FOR LOBBYING BY
              FEDERAL AGENCIES.

    (a) In General.--Subchapter III of chapter 13 of title 31, United
States Code, is amended by adding at the end the following new section:
``Sec. 1354. Prohibition on lobbying by Federal agencies
    ``(a) Prohibition.--Except as provided in subsection (b), until or
unless such activity has been specifically authorized by an Act of
Congress and notwithstanding any other provision of law, no funds made
available to any Federal agency by appropriation shall be used by such
agency for any activity (including the preparation, publication,
distribution, or use of any kit, pamphlet, booklet, public
presentation, news release, radio, television, or film presentation,
video, or other written or oral statement) that is intended to promote
public support or opposition to any legislative proposal (including the
confirmation of the nomination of a public official or the ratification
of a treaty) on which congressional action is not complete.
    ``(b) Exceptions.--
            ``(1) President and vice president.--Subsection (a) shall
        not apply to the President or Vice President.
            ``(2) Congressional communications.--Subsection (a) shall
        not be construed to prevent any officer or employee of a
        Federal agency from--
                    ``(A) communicating directly to a Member of
                Congress (or to any staff of a Member or committee of
                Congress) a request for legislation or appropriations
                that such officer or employee deems necessary for the
                efficient conduct of the public business; or
                    ``(B) responding to a request for information or
                technical assistance made by a Member of Congress (or
                by any staff of a Member or committee of Congress).
            ``(3) Public communications on views of president.--
        Subsection (a) shall not be construed to prevent any Federal
        agency official whose appointment is confirmed by the Senate,
        any official in the Executive Office of the President directly
        appointed by the President or Vice President, or the head of
        any Federal agency described in subsection (d)(2), from
        communicating with the American public, through radio,
        television, or other public communication media, on the views
        of the President for or against any pending legislative
        proposal. The preceding sentence shall not permit any such
        official to delegate to another person the authority to make
        communications subject to the exemption provided by such
        sentence.
    ``(c) Comptroller General.--
            ``(1) Assistance of inspector general.--In exercising the
        authority provided in section 712, as applied to this section,
        the Comptroller General may obtain, without reimbursement from
        the Comptroller General, the assistance of the Inspector
        General within whose Federal agency activity prohibited by
        subsection (a) of this section is under review.
            ``(2) Evaluation.--One year after the date of the enactment
        of this section, the Comptroller General shall report to the
        Committee on Government Reform and Oversight of the House of
        Representatives and the Committee on Governmental Affairs of
        the Senate on the implementation of this section.
            ``(3) Annual report.--The Comptroller General shall, in the
        annual report under section 719(a), include summaries of
        investigations undertaken by the Comptroller General with
        respect to subsection (a).
    ``(d) Definition.--For purposes of this section, the term `Federal
agency' means--
            ``(1) any executive agency, within the meaning of section
        105 of title 5; and
            ``(2) any private corporation created by a law of the
        United States for which the Congress appropriates funds.''.
    (b) Conforming Amendment.--The table of sections for chapter 13 of
title 31, United States Code, is amended by inserting after the item
relating to section 1353 the following new item:

``1354. Prohibition on lobbying by Federal agencies.''.
    (c) Applicability.--The amendments made by this section shall apply
to the use of funds after the date of the enactment of this Act,
including funds appropriated or received on or before such date.

Summary: Federal Agency Anti-Lobbying Act - Prohibits the use of any appropriated funds by Federal agencies for any activity that includes the preparation, publication, or distribution of any written, oral, or visual material promoting public support or opposition to any legislative proposal, including the confirmation of the nomination of a public official or ratification of a treaty on which congressional action is not complete, with the exception of: (1) the President, (2) Vice-President, (3) specified congressional communications. And (4) public communications by any Federal agency official on the views of the President for or against any pending legislative proposal.

Federal Agency Anti-Lobbying Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Care Corps Act of 2014''.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Corps.--The term ``Corps'' means the National Care
        Corps established under section 3 of this Act.
            (2) Director.--The term ``Director'' means the Director of
        the Corps appointed under section 3(b)(1) of this Act.
            (3) Local care corps program.--The term ``local Care Corps
        program'' means a program funded with a grant awarded under
        section 10(b) of this Act that hosts Corps members and arranges
        for them to provide approved services to individuals in need.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.

SEC. 3. ESTABLISHMENT OF NATIONAL CARE CORPS.

    (a) In General.--There is established in the Department of Health
and Human Services a program to be known as the ``National Care Corps''
through which Corps members provide approved services to individuals in
need via participation in local Care Corps programs.
    (b) Staff.--
            (1) Appointment of director.--The Secretary, acting through
        the Administrator for Community Living, shall appoint a
        Director of the Corps.
            (2) Duties of director.--The Director shall--
                    (A) design, develop, and administer Corps programs;
                    (B) manage the daily operations of the Corps; and
                    (C) report to the Administrator for Community
                Living.
            (3) Authority to employ staff.--The Director may employ
        such staff as is necessary to carry out this Act.

SEC. 4. SELECTION AND ELIGIBILITY OF MEMBERS.

    (a) In General.--
            (1) Selection.--The Director shall select eligible
        individuals for membership in the Corps.
            (2) Nondiscrimination.--In selecting Corps members, the
        Director shall comply with all applicable provisions of State
        and Federal laws and regulations pertaining to
        nondiscrimination and equal employment opportunity.
    (b) Eligible Individuals.--To be eligible for membership in the
Corps, an individual shall--
            (1) be at least 18 years of age on or before December 31 of
        the calendar year in which the individual begins participation
        in the Corps;
            (2) agree to participate in the Corps for a period of not
        more than 24 months;
            (3) submit an application to the Director at such time, in
        such manner, and containing such information as the Director
        may require;
            (4) pass a criminal background check as described in
        subsection (c); and
            (5) agree to comply with such terms and conditions as the
        Director may require.
    (c) Criminal Background Check.--
            (1) In general.--Before selecting any individual for
        membership in the Corps, the Director shall request a criminal
        background check of such individual.
            (2) Membership prohibitions.--An individual shall be
        ineligible to be a Corps member if--
                    (A) such individual refuses to consent to the
                criminal background check; or
                    (B) the criminal background check does not
                demonstrate to the Director's satisfaction that such
                individual is fit for Corps service.

SEC. 5. AUTHORIZED BENEFITS FOR CORPS MEMBERS.

    (a) In General.--The Director shall provide for members of the
Corps to receive allowances, health insurance, and post-service
educational awards authorized by this section.
    (b) Allowances.--The Director shall provide each Corps member with
such living, travel, and leave allowances, and such housing
transportation, supplies, equipment, and subsistence as the Director
may determine to be necessary for the member's maintenance and to
ensure the member's health and capacity to serve effectively.
    (c) Health Insurance.--
            (1) In general.--The Director shall provide for each Corps
        member to receive health insurance coverage.
            (2) Minimum essential coverage.--The health insurance
        coverage described paragraph (1) shall meet the requirements of
        section 5000A(f) of the Internal Revenue Code of 1986.
    (d) Post-Service Educational Award.--
            (1) In general.--The Director shall establish an
        educational award for Corps members.
            (2) Amounts.--
                    (A) Amount for full-time service.--In the case of a
                Corps member who completes a 12-month term of full-time
                service as determined by the Director, such member
                shall receive an educational award having a value equal
                to the maximum amount of a Federal Pell Grant under
                section 401 of the Higher Education Act of 1965 (20
                U.S.C. 1070a) that a student eligible for such grant
                may receive in the aggregate (without regard to whether
                the funds are provided through discretionary or
                mandatory appropriations) for the award year. A Corps
                member may receive up to 2 such awards.
                    (B) Amount for other periods of service.--In the
                case of a Corps member who completes less than a 12-
                month term of full-time service as determined by the
                Director, such member may receive a portion of the
                educational award described in subparagraph (A) that
                corresponds to the quantity of service actually
                completed by the member.
            (3) Uses of award.--An educational award shall be used to
        pay--
                    (A) costs of attendance at an institution of higher
                education; or
                    (B) government or commercial loans received by an
                individual for costs of attendance at an institution of
                higher education.
            (4) Definitions.--For purposes of this subsection, the
        following definitions shall apply:
                    (A) Cost of attendance.--The term ``cost of
                attendance'' has the meaning given such term by section
                472 of the Higher Education Act of 1965 (20 U.S.C.
                1087ll).
                    (B) Institution of higher education.--The term
                ``institution of higher education'' has the meaning
                given such term by section 101(a) of the Higher
                Education Act of 1965 (20 U.S.C. 1001(a)).
    (e) Regulations.--The Director shall issue any regulations that the
Director determines to be necessary to carry out this section.

SEC. 6. ASSIGNMENT OF CORPS MEMBERS TO SENIORS AND INDIVIDUALS WITH
              DISABILITIES.

    (a) Assignment of Corps Members.--
            (1) In general.--The Director shall assign each Corps
        member to participate in a local Care Corps program.
            (2) Priority of assignment.--In assigning Corps members to
        local Care Corps programs, the Director shall assign not less
        than 20 percent of members to programs that serve geographic
        areas in which the Director determines there is a shortage of
        approved services available to individuals in need, with
        consideration given to low-income and minority populations.
    (b) Services Provided by Corps Members.--
            (1) In general.--Corps members may only provide approved
        services to individuals in need through participation in local
        Care Corps programs.
            (2) Approved services.--Approved services are services
        provided directly to individuals in need in home-based settings
        that--
                    (A) result in person-to-person, supportive
                relationships with each individual served;
                    (B) support the achievement and maintenance of the
                highest level of independent living for each individual
                in need;
                    (C) are meaningful to the Corps member; and
                    (D) are supported by appropriate orientation,
                training, and supervision.
            (3) Prohibited services.--In performing duties as a Corps
        member, no member shall provide--
                    (A) professional medical services;
                    (B) administrative support services to a local
                Corps program;
                    (C) care in an institutional setting;
                    (D) care prohibited under State law; or
                    (E) any other services determined by the director
                to be inconsistent with the purposes of the Corps.
            (4) Guidance regarding scope of services.--The Director may
        issue guidance describing the scope of services that may be
        provided by Corps members. In issuing such guidance, the
        Director shall provide for a public notice and comment period
        of not less than 30 days before issuing the guidance in final
        form.
    (c) Individual in Need.--The term ``individual in need'' means an
individual who--
            (1) is at least 65 years of age or has a disability as
        defined in section 3 of the Americans With Disabilities Act of
        1990 (42 U.S.C. 12102);
            (2) has difficulty with self-care; and
            (3) meets such other criteria as the Director determines to
        be appropriate.

SEC. 7. TRAINING AND STANDARDS OF CONDUCT.

    (a) Pre-Assignment Training Program.--The Director shall develop a
training program that provides Corps members with instruction in the
skills necessary to carry out an assignment in a local Care Corps
program. Such training program shall include--
            (1) at least 20 hours of instruction for each Corps member;
        and
            (2) any other requirements the Director determines to be
        appropriate.
    (b) Standards of Conduct.--The Director shall establish and enforce
standards to promote proper conduct and discipline within the Corps.

SEC. 8. STATUS OF CORPS MEMBERS UNDER FEDERAL LAW.

    (a) In General.--Except as otherwise provided in this section,
members of the Corps shall not, by reason of their status as members,
be treated as Federal employees or be subject to the provisions of law
relating to Federal employment.
    (b) Work-Related Injuries.--
            (1) In general.--For purposes of subchapter I of chapter 81
        of title 5, United States Code, relating to the compensation of
        Federal employees for work injuries, members of the Corps shall
        be treated as employees of the United States within the meaning
        of the term ``employee'', as defined in section 8101 of such
        title.
            (2) Special rule.--In the application of the provisions of
        subchapter I of chapter 81 of title 5, United States Code, to a
        member of the Corps, the member shall not be treated to be in
        the performance of duty while absent from the member's assigned
        post of duty unless the absence is authorized in accordance
        with procedures prescribed by the Director.
    (c) Tort Claims Procedure.--A member of the Corps shall be treated
as an employee of the United States for purposes of chapter 171 of
title 28, United States Code, relating to tort claims liability and
procedure.

SEC. 9. REPORTING REQUIREMENTS.

    The Secretary of Health and Human Services, acting through the
Administrator for Community Living, shall transmit to Congress at least
once in each fiscal year a report on the Corps. At minimum, such report
shall include--
            (1) a description of the population served by the Corps
        during the preceding fiscal year;
            (2) an evaluation of Corps operations; and
            (3) recommendations, if any, for improving Corps
        operations.

SEC. 10. LOCAL CARE CORPS PROGRAMS.

    (a) Functions of Local Care Corps Programs.--Local Care Corps
programs shall--
            (1) conduct in-person orientation and training for Corps
        members;
            (2) develop and monitor member assignments, which shall
        include selecting the individuals in need to be served by Corps
        members, matching members to assignments, and supervising
        members;
            (3) maintain records and prepare reports as required by the
        Director; and
            (4) carry out any other activities determined to be
        appropriate by the Director.
    (b) Grants for Local Care Corps Programs.--The Director may award
grants to qualified entities for the operation of local Care Corps
programs.
            (1) Qualified entity.--The term ``qualified entity'' means
        a public or private nonprofit entity that is--
                    (A) part of an aging network, as defined by section
                102(5) of the Older Americans Act of 1965 (42 U.S.C.
                3002(5));
                    (B) a time-banking or volunteer organizing agency;
                    (C) a State, county, or local government; or
                    (D) any other entity determined to be appropriate
                by the Director.
            (2) Application process.--To be eligible for a grant under
        this subsection, a qualified entity shall--
                    (A) submit an application to the Director at such
                time, in such manner, and containing such information
                as the Director may require; and
                    (B) abide by such terms and conditions as the
                Director determines to be appropriate.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated
$350,000,000 for each of the fiscal years beginning after the date of
the enactment of this Act.
    (b) Continued Availability of Funds.--Amounts authorized to be
appropriated under subsection (a) for a fiscal year are authorized to
remain available for that fiscal year and the subsequent fiscal year.

Summary: National Care Corps Act of 2014 - Establishes in the Department of Health and Human Services (HHS) the National Care Corps through which Corps Members provide certain services to individuals in need who are age 65 or older or have a disability and have difficulty with self-care.

National Care Corps Act of 2014


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop the Sale of Murderabilia Act of
2013''.

SEC. 2. RESTRICTIONS ON THE MAILING AND DELIVERY PRIVILEGES OF STATE
              AND FEDERAL PRISONERS FOR COMMERCIAL PURPOSES.

    (a) In General.--Chapter 87 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1794. Restrictions on the mailing and delivery privileges of
              State and Federal prisoners for commercial purposes
    ``(a) In General.--Except as provided in subsection (d), an inmate
of a prison convicted of a crime of violence who knowingly deposits for
mailing or delivery, or knowingly causes to be delivered by mail, any
property, article, or object, with intent that the property, article,
or object be placed in interstate or foreign commerce, shall be fined
under this title and imprisoned not less than 6 months and not more
than 10 years. Any term of imprisonment imposed under this subsection
shall run consecutive to any other term of imprisonment.
    ``(b) Period of Limitations.--An indictment for any offense
punishable under this section may be found at any time without
limitation.
    ``(c) Guidelines.--The Director of the Bureau of Prisons and the
head of the department of corrections, or other similar agency, for any
State may promulgate uniform guidelines to restrict the privileges of
any inmate of a prison that violates this section.
    ``(d) Exception.--An inmate of a prison may mail or deliver or
cause to be delivered by mail title to real property, title to motor
vehicles, or a security if--
            ``(1) the mailing or delivery is to satisfy debt that is--
                    ``(A) imposed by law or a court order, including--
                            ``(i) support obligations;
                            ``(ii) property taxes;
                            ``(iii) income taxes;
                            ``(iv) back taxes;
                            ``(v) a legal judgment, fine, or
                        restitution;
                            ``(vi) fees to cover the cost of
                        incarceration, including fees for health care
                        while incarcerated imposed under section 4048;
                        and
                            ``(vii) other financial obligations
                        mandated by law or a court order; or
                    ``(B) incurred through a contract for--
                            ``(i) legal services;
                            ``(ii) a mortgage on the primary residence
                        of the immediate family of the inmate;
                            ``(iii) the education or medical care of
                        the inmate or a member of the immediate family
                        of the inmate; or
                            ``(iv) life, health, home, or car
                        insurance; or
            ``(2) the consent of the inmate is required by law to
        transfer title for real property, a motor vehicle, or security,
        where a person who is not incarcerated in a prison is the owner
        or a co-owner of that real property, motor vehicle, or
        security.
    ``(e) Definitions.--In this section--
            ``(1) the term `prison'--
                    ``(A) means a Federal or State correctional,
                detention, or penal facility or any prison,
                institution, or facility in which persons are held in
                custody by direction of, or pursuant to a contract or
                agreement with, the Attorney General of the United
                States or a State; and
                    ``(B) does not include a halfway house or location
                where an individual is under home confinement;
            ``(2) the term `security' means--
                    ``(A) a note, stock certificate, treasury stock
                certificate, bond, treasury bond, debenture,
                certificate of deposit, interest coupon, bill, check,
                draft, warrant, debit instrument (as that term is
                defined in section 916(c) of the Electronic Fund
                Transfer Act (15 U.S.C. 1693n(c))), money order,
                traveler's check, letter of credit, warehouse receipt,
                negotiable bill of lading, evidence of indebtedness,
                certificate of interest in or participation in a
                profit-sharing agreement, collateral-trust certificate,
                pre-reorganization certificate of subscription,
                transferable share, investment contract, or voting
                trust certificate;
                    ``(B) a certificate of interest in, certificate of
                participation in, certificate for, receipt for, or
                warrant or option or other right to subscribe to or
                purchase any item described in subparagraph (A); or
                    ``(C) a blank form of any item described in
                subparagraph (A) or (B); and
            ``(3) the terms `State' and `support obligation' have the
        meanings given those terms in section 228.''.
    (b) Technical and Conforming Amendment.--The table of sections for
chapter 87 of title 18, United States Code, is amended by adding at the
end the following:

``1794. Restrictions on the mailing and delivery privileges of State
                            and Federal prisoners for commercial
                            purposes.''.

SEC. 3. CRIMINAL FORFEITURE.

    Section 982(a) of title 18, United States Code, is amended by
adding at the end the following:
    ``(9) The court, in sentencing a defendant convicted of an offense
under section 1794, or of a conspiracy to commit such an offense, shall
order that the defendant forfeit to the United States any real or
personal property--
            ``(A) used or intended to be used to commit, facilitate, or
        promote the commission of such offense; and
            ``(B) constituting, derived from, or traceable to the gross
        proceeds that the defendant obtained directly or indirectly as
        a result of the offense.''.

SEC. 4. CIVIL FORFEITURE.

    Any property subject to forfeiture under section 982(a)(9) of title
18, United States Code, as added by this Act, may be forfeited to the
United States in a civil action in accordance with the procedures set
forth in chapter 46 of title 18, United States Code.

SEC. 5. CIVIL REMEDIES.

    (a) In General.--Any person aggrieved by reason of conduct
prohibited under section 1794 of title 18, United States Code, as added
by this Act, may bring a civil action in an appropriate United States
district court for the relief described in subsection (b).
    (b) Relief.--In any civil action brought under subsection (a), the
court may award appropriate relief, including--
            (1) temporary, preliminary, or permanent injunctive relief;
            (2) compensatory and punitive damages; and
            (3) the costs of the civil action and reasonable fees for
        attorneys and expert witnesses.

Summary: Stop the Sale of Murderabilia Act of 2013 - Amends the federal criminal code to prohibit a federal or state prison inmate convicted of a crime of violence from knowingly placing in the mail or causing to be delivered in interstate or foreign commerce any property, article, or object. Sets forth exceptions for a mailing or delivery of title to real property, title to motor vehicles, or a security to satisfy debt that is: (1) imposed by law or a court order. Or (2) incurred through a contract for legal services, a mortgage on the primary residence of the immediate family of the inmate, the education or medical care of the inmate or a member of the immediate family of the inmate, or life, health, home, or car insurance. Provides for civil and criminal forfeiture of real or personal property used to commit such a crime or obtained as a result of such crime. Provides civil remedies, including injunctions, damages, and attorney fees, for persons aggrieved by prisoners using the mail in violation of this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hope Offered through Principled,
Ethically-Sound Stem Cell Research Act'' or the ``HOPE Act''.

SEC. 2. PURPOSES.

    It is the purpose of this Act to--
            (1) intensify research that may result in improved
        understanding of or treatments for diseases and other adverse
        health conditions; and
            (2) promote the derivation of pluripotent stem cell lines
        without the creation of human embryos for research purposes or
        discarding, destroying, or knowingly harming a human embryo.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Altered nuclear transfer.--The term ``altered nuclear
        transfer'' means a method for obtaining pluripotent stem cells
        using a modified form of somatic cell nuclear transfer to
        produce a biological artifact.
            (2) Biological artifact.--The term ``biological artifact''
        means an artificially created non-embryonic cellular system,
        engineered to lack the essential elements of embryogenesis but
        still capable of some cell division and growth.
            (3) Direct reprogramming of adult cells.--The term ``direct
        reprogramming of adult cells'' means a procedure whereby
        differentiated, somatic cells are restored to a more
        undifferentiated, multipotent condition. Such process is also
        known as ``dedifferentiation''.
            (4) Embryo adoption.--The term ``embryo adoption'' means
        the occurrence of a woman receiving into her uterus a human
        embryo or embryos to which neither she nor her partner has
        contributed a gamete for the purpose of child bearing.
            (5) Embryonic stem cells.--The term ``embryonic stem
        cells'' means primitive cells derived from the inner cell mass
        of the human embryo or embryos, that have the potential to
        become a wide variety of specialized cell types.
            (6) Human embryo or embryos.--The term ``human embryo or
        embryos'' includes any organism, not protected as a human
        subject under part 46 of title 45, Code of Federal Regulations,
        as of the date of enactment of this section, that is derived by
        fertilization, parthenogenesis, cloning, or any other means
        from one or more human gametes or human diploid cells.
            (7) In vitro fertilization.--The term ``in vitro
        fertilization'' means the union of an egg and sperm, where the
        event takes place outside the body and in an artificial
        environment.
            (8) Oocyte.--The term ``oocyte'' means an unfertilized
        human egg cell.
            (9) Organismically dead embryo.--The term ``organismically
        dead embryo'' means the irreversible loss of the capacity of
        continued and integrated cellular division, growth and
        differentiation.
            (10) Pluripotent cell.--The term ``pluipotent cell'' means
        a cell that can produce all the cell types of the developing
        body. Embryonic stem cells, as well as the inner cell mass
        cells of the blastocyst, are pluripotent cells.
            (11) Pluripotent stem cells.--The term ``pluripotent stem
        cells'' means precursor cells that are capable both of
        perpetuating themselves as stem cells and of producing all or
        almost all the cell types of the developing body, and that have
        functional capacity (stable pluripotency) as an embryonic stem
        cell, though not necessarily the same origin.
            (12) Review board.--The term ``Review Board'' means the
        National Stem Cell Review Board established under section 5.
            (13) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.
            (14) Stem cell line.--The term ``stem cell line'' means
        stem cells which have been cultured under in vitro conditions
        that allow proliferation without differentiation from months to
        years.

SEC. 4. PROVISION OF FEDERAL FUNDING.

    (a) Basic and Applied Research.--
            (1) In general.--The Secretary shall conduct and support
        basic and applied research to develop techniques for the
        isolation, derivation, production, or testing of pluripotent
        stem cells that have the flexibility of embryonic stem cells
        (whether or not they have an embryonic source), and may result
        in improved understanding of or treatments for diseases and
        other adverse health conditions, provided that such isolation,
        derivation, production, or testing will not involve--
                    (A) the creation of a human embryo or embryos for
                research purposes; or
                    (B) the destruction or discarding of a human embryo
                or embryos, or knowingly subjecting a human embryo or
                embryos to risk of injury or death greater than that
                allowed for research on fetuses in utero under section
                498(b) of this Act and section 46.204(b) of title 45,
                Code of Federal Regulations.
            (2) Inclusions.--Research under paragraph (1) may include--
                    (A) Methods that use--
                            (i) cells derived from altered nuclear
                        transfer; or
                            (ii) cells derived from organismically dead
                        embryos; and
                    (B) the investigation of evidence for pluripotent
                potential in adult stem cells from various sources; or
                    (C) the direct reprogramming of adult cells, the
                derivation of stem cells from human germ cells, and
                other methods that do not harm or destroy a human
                embryo or embryos and that are certified by the Review
                Board.
    (b) Limitations.--If any research described in subsection (a) is
determined by the Secretary to create an embryo or embryos for research
purposes, or harm or destroy a human embryo or embryos, such research
shall immediately be terminated until such determination is reviewed
and resolved to the satisfaction of the Review Board.
    (c) Guidelines.--Not later than 90 days after the date of the
enactment of this section, the Secretary, after consultation with the
Director, shall issue final guidelines that--
            (1) provide guidance concerning the next steps required for
        additional research, which shall include a determination of the
        extent to which specific techniques may require additional
        basic or animal research to ensure that any research involving
        human cells using these techniques would clearly be consistent
        with subsection (a);
            (2) prioritize research with the greatest potential for
        near-term clinical benefit; and
            (3) consistent with subsection (a), take into account
        techniques outlined by the President's Council on Bioethics and
        any other appropriate techniques and research.
    (d) Reporting Requirements.--Not later than January 1 of each year,
the Secretary shall prepare and submit to the appropriate committees of
the Congress a report describing the activities carried out under this
section during the fiscal year, including a description of the research
conducted under this section.
    (e) Rule of Construction.--Nothing in this section shall be
construed as altering the policy in effect on the date of enactment of
this section regarding the eligibility of stem cell lines for funding
by the National Institutes of Health.

SEC. 5. NATIONAL STEM CELL RESEARCH REVIEW BOARD.

    (a) In General.--There shall be established within the Department
of Health and Human Services a board to be known as the ``National Stem
Cell Research Review Board'' which shall be responsible for--
            (1) monitoring research to ensure that it is in compliance
        with the principles of this Act;
            (2) prioritizing research with the greatest potential for
        near term benefits;
            (3) ensuring fair consideration of both embryonic stem cell
        and adult stem cell research for funding; and
            (4) completing their duties under this section in a timely
        matter to promote rather than hinder appropriate research.
    (b) Composition.--
            (1) In general.--The Review Board shall be composed of 11
        individuals, to be appointed by the Secretary.
            (2) Requirements.--The members appointed under paragraph
        (1) shall include--
                    (A) scientists or physicians with relevant
                expertise (including areas of assisted reproduction,
                developmental biology, and clinical medicine),
                including scientists that are not directly engaged in
                the research considered by the Board;
                    (B) ethicists or professionals from other
                disciplines with a specialized ability to interpret the
                moral justifications and implications of the research
                considered by the Board;
                    (C) members or advisors familiar with relevant
                national legal statutes governing the research
                considered by the Board; and
                    (D) community members, unaffiliated with the
                institutions involved through employment or other
                remunerative relationships, who are objective and
                reasonably familiar with the views and needs of
                research subjects, patients and patient communities who
                could be benefitted or harmed by stem cell research,
                and community standards.
            (3) Terms of office.--
                    (A) In general.--The term of office of a member of
                a the Review Board appointed under paragraph (1) shall
                be 4 years, except that any member appointed to fill a
                vacancy for an unexpired term shall serve for the
                remainder of such term. The Secretary shall ensure that
                appointments are made to the Board in such a manner as
                to ensure that the terms of the members not all expire
                in the same year and that not all members' terms concur
                with the 4-year Presidential term. A member of the
                Board may serve after the expiration of such member's
                term until a successor has been appointed and taken
                office.
                    (B) Time for appointment.--If a vacancy occurs
                among the members of the Review Board, the Secretary
                shall ensure that an appointment to fill such vacancy
                occurs within 90 days from the date the vacancy occurs.
    (c) Limitation.--The Review Board shall not be responsible for
dispersing funds. The Board shall ensure that funds which are to be
provided by the Federal Government are being used appropriately and
under the provisions of this Act.
    (d) Additional Administrative Provisions.--
            (1) Compensation.--Members of the Review Board who are
        officers or employees of the United States shall not receive
        any compensation for service on the Board. The remaining
        members of the Board shall receive, for each day (including
        travel time) they are engaged in the performance of the
        functions of the advisory council, compensation at rates not to
        exceed the daily equivalent to the annual rate in effect for
        grade GS-15 of the General Schedule.
            (2) Executive secretary and staff.--The Review Board may
        appoint an individual to serve as the Executive Secretary of
        the Board. The Secretary shall make available to the Board such
        staff, information, and other assistance as it may require to
        carry out its functions.

SEC. 6. INFORMED CONSENT PROVISIONS.

    (a) Purpose.--It is the purpose of this section to ensure that
individuals are empowered to make voluntary and informed decisions
regarding the use of human embryo or embryos created using their
biological materials or their oocytes.
    (b) Timing of Consent.--Consent from an individual for the donation
of materials for research described in this Act shall be obtained from
such individual, in writing, at the time of the proposed transfer of
the donated materials from the storage site to the research team.
    (c) Provision of Information to Donors.--At the time that the
consent described in subsection (b) is given, the donor shall be
informed, verbally and in writing, that the donor retains the right to
withdraw such consent until such time as the donated materials involved
are actually utilized in research.

SEC. 7. PRIVACY.

    Provisions protecting individually identifiable information under
the regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2
note) shall apply to donors under this Act.

SEC. 8. PROHIBITION ON PROFITEERING FROM COMMERCE IN EMBRYOS, HUMAN
              OVUMS, OR EMBRYONIC STEM CELL LINES.

    (a) No Valuable Consideration.--Section 301 of the National Organ
Transplant Act (42 U.S.C. 274e) is amended--
            (1) in subsection (a), by inserting ``, human ovum, human
        blastocyst, human embryo, or stem cell derived from a human
        embryo'' after ``any human organ''; and
            (2) in subsection (c)(2)--
                    (A) by striking ``human organ'' each place the term
                appears and inserting ``human organ, human ovum, human
                blastocyst, human embryo, or stem cell derived from a
                human embryo''; and
                    (B) by inserting ``, ovum, blastocyst, embryo, or
                stem cell'' after ``the organ''.
    (b) No Profits From Therapies That Destroy Human Embryos.--Part H
of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is
amended by adding at the end the following:

``SEC. 498D. REQUIREMENTS FOR RESEARCH INVOLVING HUMAN EMBRYOS.

    ``(a) Ensuring Access to Affordable Treatments.--
            ``(1) In general.--It shall be unlawful for any person to
        knowingly receive any valuable consideration for any therapy
        that--
                    ``(A) affects interstate commerce or is funded, in
                full or in part, by Federal assistance; and
                    ``(B) utilizes cells from a human embryo, if the
                process of deriving such cells destroyed the embryo.
            ``(2) Definition of valuable consideration.--In this
        subsection, the term `valuable consideration' does not include
        the reasonable production and administrative costs associated
        with developing a therapy described in paragraph (1).''.

SEC. 9. FUNDING FOR STEM CELL RESEARCH.

    (a) In General.--There is authorized to be appropriated to carry
out this Act, $5,000,000,000 for the period beginning with fiscal year
2008 and ending with fiscal year 2017.
    (b) Distribution of Funds.--
            (1) In general.--Not less than 90 percent of the amount
        appropriated in each fiscal year under subsection (a) shall be
        allocated by the Secretary for the research and administrative
        costs described in this Act.
            (2) Remainder.--Not more than 10 percent of the amount
        appropriated in each fiscal year under subsection (a) shall be
        allocated by the Secretary for--
                    (A) the Federal promotion of human embryo or
                embryos adoption from in vitro fertilization clinics;
                    (B) research towards prevention and medical
                treatment of genetic conditions consistent with this
                Act that do not involve harming or destroying human
                embryos in order to promote the health of the
                population; and
                    (C) research to advance the understanding of
                clinical techniques to minimize the creation of human
                embryo or embryos that remain unimplanted after
                clinical in vitro fertilization treatments.

Summary: Hope Offered through Principled, Ethically-Sound Stem Cell Research Act or the HOPE Act - Requires the Secretary of Health and Human Services to conduct and support research to develop techniques for the isolation, derivation, production, or testing of pluripotent stem cells that have the flexibility of embryonic stem cells and that may result in improved understanding of, or treatments for, diseases and other adverse health conditions, provided that such techniques do not involve: (1) the creation of a viable human embryo for research purposes, (2) the destruction or discarding of a human embryo. Or (3) knowingly subjecting a human embryo to risk of injury or death greater than that allowed on fetuses in utero. Establishes the National Stem Cell Research Review Board to: (1) monitor research to ensure that it is in compliance with this Act. (2) prioritize research with the greatest potential for near term benefits. And (3) ensure fair consideration of both embryonic and adult stem cell research for funding. Sets forth consent requirements for the donation of materials for research. Applies federal provisions protecting individually identifiable health information to donors. Amends the National Organ Transplant Act to prohibit the transfer of any human ovum, human blastocyst, human embryo, or stem cell derived from a human embryo for valuable consideration. Amends the Public Health Service Act to prohibit any person from knowingly receiving any valuable consideration for any therapy that: (1) affects interstate commerce or is funded by federal assistance. And (2) utilizes cells from a human embryo if the process of deriving such cells destroyed the embryo.

A bill to provide increased Federal funding for stem cell research, to expand the number of embryonic stem cell lines available for Federally funded research, to provide ethical guidelines for stem cell research, to derive human pluripotent stem cell lines using techniques that do not create an embryo or embryos for research or knowingly harm human embryo or embryos, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Capital Area Physician
Emergency Assistance Act''.

SEC. 2. CERTAIN LEGAL WAIVERS IN NATIONAL CAPITAL AREA REGARDING
              PROVISION OF ASSISTANCE DURING PUBLIC HEALTH EMERGENCIES.

    (a) Declaration by President.--If the President declares that a
public health emergency is in effect in the National Capital Area, then
during the period in which the emergency is in effect, any physician
who holds a valid medical license issued by an Area State government--
            (1) may provide, in any part of such Area, health services
        to victims of the emergency to the same extent as the physician
        is authorized to provide health services within the
        jurisdiction of the Area State government that issued the
        license, notwithstanding the law of the other Area State
        governments; and
            (2) is not liable for any harm caused by any act or
        omission of the physician in providing, in any part of such
        Area, health services to victims of the emergency,
        notwithstanding the law of any of the Area State governments,
        unless the harm is caused by willful or criminal misconduct,
        gross negligence, reckless misconduct, or a conscious, flagrant
        indifference to the rights or safety of others.
    (b) Declaration by Chief Executive Official of Area State
Government.--
            (1) Maryland.--For any period during which a public health
        emergency is in effect in an Area portion of the State of
        Maryland, pursuant to a qualifying declaration by the Governor
        of Maryland, subsection (a) applies to health services provided
        within such Area portion by a physician who holds a valid
        medical license issued by an Area State government to the same
        extent and in the same manner as such subsection would apply
        within the entire National Capital Area if the President were
        to declare a public health emergency for the National Capital
        Area under such subsection.
            (2) Virginia.--For any period during which a public health
        emergency is in effect in an Area portion of the State of
        Virginia, pursuant to a qualifying declaration by the Governor
        of Virginia, subsection (a) applies to health services provided
        within such Area portion by a physician who holds a valid
        medical license issued by an Area State government to the same
        extent and in the same manner as such subsection would apply
        within the entire National Capital Area if the President were
        to declare a public health emergency for the National Capital
        Area under such subsection.
            (3) District of columbia.--For any period during which a
        public health emergency is in effect in the District of
        Columbia, pursuant to a qualifying declaration by the Mayor of
        such District, subsection (a) applies to health services
        provided within the District by a physician who holds a valid
        medical license issued by an Area State government to the same
        extent and in the same manner as such subsection would apply
        within the entire National Capital Area if the President were
        to declare a public health emergency for the National Capital
        Area under such subsection.
            (4) Qualifying declaration.--
                    (A) In general.--A declaration by the Governor of
                Maryland, the Governor of Virginia, or the Mayor of the
                District of Columbia, as the case may be, that a public
                health emergency is in effect is, for purposes of this
                subsection, a qualifying declaration if--
                            (i) before officially declaring such
                        emergency, such chief executive official
                        notifies the Secretary of Health and
Human Services of the intent to officially declare the emergency; and
                            (ii) the Secretary does not, within 12
                        hours after such official provides the notice,
                        inform the official that the Secretary has
                        disapproved the declaration on the basis that
                        the Secretary has determined that the
                        declaration is not necessary to protect the
                        public health.
                    (B) Delegation of functions of secretary.--The
                Secretary of Health and Human Services may, temporarily
                or otherwise, delegate the functions of the Secretary
                under subparagraph (A) to the Assistant Secretary for
                Health or any of the heads of the agencies of the
                Public Health Service.
            (5) Relationship between declarations.--With respect to the
        public health emergency involved, a declaration by the
        President under subsection (a), including the period in which
        the emergency is declared to be in effect, supersedes any
        declaration under this subsection by the Governor of Maryland,
        the Governor of Virginia, or the Mayor of the District of
        Columbia.

SEC. 3. EMERGENCY SYSTEM IN NATIONAL CAPITAL AREA FOR VERIFICATION OF
              CREDENTIALS OF PHYSICIAN VOLUNTEERS.

    (a) In General.--The Secretary of Health and Human Services shall,
directly or through an award of a grant, contract, or cooperative
agreement, establish and maintain a system for verifying the
credentials, licenses, and hospital privileges of individuals who,
during a public health emergency in the National Capital Area or
portion thereof as declared under section 2, volunteer to serve in such
Area as physicians (referred to in this section as the ``verification
system''). In carrying out the preceding sentence, the Secretary shall
provide for an electronic database for the verification system.
    (b) Certain Criteria.--The Secretary shall establish criteria
regarding the verification system under subsection (a), including
provisions regarding the promptness and efficiency of the system in
collecting, storing, updating, and disseminating information on the
credentials, licenses, accreditations, and hospital privileges of
volunteers described in subsection (a).
    (c) Advance Registration of Volunteers.--In order to facilitate the
availability of physicians during a public health emergency in the
National Capital Area, the Secretary shall provide for the advance
registration with the system of physicians who are willing to serve as
volunteers described in subsection (a), and may carry out activities to
encourage physicians to register with the system.
    (d) Other Assistance.--The Secretary may make grants and provide
technical assistance to Area State governments and other public or
nonprofit private entities for activities relating to the verification
system developed under subsection (a).
    (e) Rule of Construction.--This section may not be construed as
authorizing the Secretary to issue requirements regarding the provision
by the Area State governments of credentials, licenses, accreditations,
or hospital privileges.
    (f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $2,000,000
for fiscal year 2003, and such sums as may be necessary for each of the
fiscal years 2004 through 2007.

SEC. 4. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Area portion'' means the portion of the
        State of Maryland or the State of Virginia, as the case may be,
        that is within the National Capital Area.
            (2) The term ``Area State governments'' means the
        governments of the States of Maryland and Virginia and the
        government of the District of Columbia.
            (3) The term ``National Capital Area'' means--
                    (A) the District of Columbia;
                    (B) the counties of Montgomery and Prince George's
                in the State of Maryland;
                    (C) the cities of Alexandria, Fairfax, Falls
                Church, and Manassas in the State of Virginia, and the
                counties of Arlington, Fairfax, Loudon, and Prince
                William in such State; and
                    (D) such additional jurisdictions in the State of
                Maryland or Virginia as the President may designate in
                a declaration under subsection (a) that a public health
                emergency is in effect.
            (4) The term ``Secretary'' means the Secretary of Health
        and Human Services.

Summary: National Capital Area Physician Emergency Assistance Act - Permits physicians licensed in Virginia, Maryland, or the District of Columbia to provide services to victims of emergencies in any of such jurisdictions regardless of the jurisdiction of their licensure whenever and wherever a public health emergency is declared by the relevant Governor or Mayor or by the President for the entire National Capital Area. Protects physicians from liability for all but willful, criminal, or reckless misconduct, gross negligence, or a conscious, flagrant indifference to the rights or safety of others while performing such volunteer emergency service. Directs the Secretary of Health and Human Services to provide an advance registration system for physician volunteers which verifies their credentials, licences, and hospital privileges.

To establish certain legal waivers for physicians who provide assistance in the National Capital Area during any period in which a public health emergency is in effect in such Area.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keeping Salvadoran Families Together
Act''.

SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF EL SALVADOR
              GRANTED OR ELIGIBLE FOR TEMPORARY PROTECTED STATUS.

    (a) In General.--Title II of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended by inserting after section 244 the
following:

``SEC. 244A. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF EL SALVADOR
              GRANTED OR ELIGIBLE FOR TEMPORARY PROTECTED STATUS.

    ``(a) In General.--The status of any alien described in subsection
(c) shall be adjusted by the Secretary of Homeland Security to that of
an alien lawfully admitted for permanent residence, if the alien--
            ``(1) applies for such adjustment within 3 years after the
        date of the enactment of this section;
            ``(2) is determined to be admissible to the United States
        for permanent residence; and
            ``(3) meets the criteria established under subsection (c).
    ``(b) Certain Grounds for Inadmissability Inapplicable.--
            ``(1) In general.--For purposes of determining
        admissibility under subsection (a)(2), the grounds for
        inadmissibility specified in paragraphs (4), (5), (6)(A), and
        (7)(A) of section 212(a) of the Immigration and Nationality Act
        shall not apply.
            ``(2) Additional waiver for individual aliens.--The
        Secretary may waive any other provision of section 212(a) in
        the case of an individual alien for humanitarian purposes, to
        assure family unity, or when it is otherwise in the public
        interest.
    ``(c) Aliens Eligible for Adjustment of Status.--An alien shall be
eligible for adjustment of status if the alien--
            ``(1) is a national of El Salvador who was granted
        temporary protected status, or was otherwise eligible for
        temporary protected status, on or before the date of the
        enactment of this section; and
            ``(2) has been continuously physically present in the
        United States for a period of not less than 3 years before the
        date of the enactment of this section.
    ``(d) Waiver Authorized.--Notwithstanding any provision of this
Act, an alien who fails to meet the continuous physical presence
requirement under paragraph (2) of subsection (c) shall be considered
eligible for status adjustment as provided in this section if the
Attorney General or the Secretary determines that the removal of the
alien from the United States would result in extreme hardship to the
alien, their spouse, their children, their parents, or their domestic
partner.
    ``(e) Effect of Application on Certain Orders.--An alien present in
the United States who has been ordered removed or has been granted
voluntary departure from the United States may, notwithstanding such
order, apply for adjustment of status under this section. Such alien
shall not be required to file a separate motion to reopen, reconsider,
or vacate the order of removal. If the Secretary approves the
application, the Secretary shall cancel the order of removal. If the
Secretary renders a final administrative decision to deny the
application, the order of removal shall be effective and enforceable to
the same extent as if the application had not been made.
    ``(f) Work Authorization.--The Secretary shall authorize an alien
who has applied for adjustment of status under this section to engage
in employment in the United States during the pendency of such
application and shall provide the alien with an appropriate document
signifying authorization of employment.
    ``(g) Adjustment of Status for Certain Family Members.--
            ``(1) In general.--The status of an alien shall be adjusted
        by the Secretary to that of an alien lawfully admitted for
        permanent residence if the alien--
                    ``(A) is the spouse, parent, or unmarried son or
                daughter of an alien whose status is adjusted under
                this section;
                    ``(B) applies for adjustment under this section
                within 3 years after the date of the enactment of this
                section; and
                    ``(C) is determined to be admissible to the United
                States for permanent residence.
            ``(2) Certain grounds for inadmissibility inapplicable.--
        For purposes of determining admissibility under subsection
        (g)(1)(C), the grounds for inadmissibility specified in
        paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) shall
        not apply.
    ``(h) Availability of Administrative Review.--The Secretary shall
provide to aliens applying for adjustment of status under this section
the same right to, and procedures for, administrative review as are
provided to--
            ``(1) applicants for adjustment of status under section
        245; and
            ``(2) aliens subject to removal proceedings under section
        240.
    ``(i) No Offset in Number of Visas Available.--The granting of
adjustment of status under this section shall not reduce the number of
immigrant visas authorized to be issued under any provision of this
Act.
    ``(j) Treatment of Brief, Casual, and Innocent Departures and
Certain Other Absences.--An alien who has failed to maintain the 3-year
continuous physical presence requirement under subsection (c) because
of brief, casual, and innocent departures or, emergency travel, or
extenuating circumstances outside of the control of the alien, shall
not be considered to have failed to maintain continuous physical
presence in the United States.
    ``(k) Definition.--In this section, the term `domestic partner'
means an adult of at least 18 years of age in a committed relationship
with an alien applying for adjustment of status under this section. A
committed relationship is one in which the employee and the domestic
partner of the employee are each other's sole domestic partner (and are
not married to or domestic partners with anyone else) and share
responsibility for a significant measure of each other's common welfare
and financial obligations. This includes any relationship between two
individuals of the same or opposite sex that is granted legal
recognition by a State or by the District of Columbia as a marriage or
analogous relationship (including a civil union).''.
    (b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 244 the following:

``Sec. 244A. Adjustment of status for certain nationals of El Salvador
                            granted or eligible for temporary protected
                            status.''.

SEC. 3. ADJUSTMENT OF RELATION OF PERIOD OF TEMPORARY PROTECTED STATUS
              TO CANCELLATION OF REMOVAL.

    Section 244(e) of the Immigration and Nationality Act (8 U.S.C.
1254a(e)) is amended--
            (1) by striking ``With respect to an alien'' and inserting
        the following:
            ``(1) In general.--With respect to an alien''; and
            (2) by adding at the end the following:
            ``(2) Waiver for certain temporary protected status
        holders.--The provisions in subsection (e) shall not apply to
        an alien who is eligible for adjustment of status pursuant to
        section 244A.''.

SEC. 4. ELIGIBILITY FOR NATURALIZATION.

    (a) In General.--Notwithstanding sections 319(b), 328, and 329 of
the Immigration and Nationality Act (8 U.S.C. 1430(b), 1439, and 1440),
an alien whose status is adjusted under section 244A of the Immigration
and Nationality Act, as added by section 2 of this Act, to that of an
alien lawfully admitted for permanent residence may apply for
naturalization under chapter 2 of title III of the Immigration and
Nationality Act (8 U.S.C. 1421 et seq.) not earlier than 5 years after
such adjustment of status.
    (b) Language Requirement Waiver.--Section 312(b)(2) of the
Immigration and Nationality Act (8 U.S.C. 1423(b)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by striking
        ``334, either--'' and inserting ``334--'';
            (2) in subparagraph (A), by striking ``, or'' at the end
        and inserting a semicolon;
            (3) in subparagraph (B), by striking the period at the end
        and inserting ``; or''; and
            (4) by adding at the end the following:
                    ``(C) is an alien who received adjustment of status
                under section 244A.''.

Summary: Keeping Salvadoran Families Together Act This bill amends the Immigration and Nationality Act to permit an alien who is a national of El Salvador in temporary protected status (TPS) to apply for legal permanent resident status if such alien: is eligible for permanent resident status, applies for adjustment within three years, was granted or was eligible for TPS status, and has been continuously physically present in the United States for at least three years. The bill: waives certain grounds of inadmissibility. Authorizes the waiver of the continuous physical presence requirement if an alien's removal would cause extreme hardship to the alien or to the alien's spouse, children, parents, or domestic partner. Authorizes an alien who has applied for status adjustment to work. And authorizes an alien who has been ordered removed or granted voluntary departure to apply for status adjustment. An alien's spouse, parent, or unmarried child shall have his or her status adjusted to legal permanent resident if such person is eligible for status adjustment and applies within three years.