SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reward Innovation in America Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administering entity.--The term ``administering
        entity'' means an entity with which the Secretary enters into
        an agreement under section 4(e).
            (2) Competition.--The term ``competition'' means a
        competition for an innovation prize under the program described
        in section 4(a).
            (3) Innovation prize.--The term ``innovation prize'' means
        a prize awarded to a participant who wins a competition.
            (4) Participant.--The term ``participant'' means an
        individual or entity that participates in a competition.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Commerce.

SEC. 3. NATIONAL INNOVATION PRIZES BOARD.

    (a) Establishment.--There is established in the Department of
Commerce a National Innovation Prizes Board (referred to in this Act as
the ``Board'').
    (b) Purposes.--The purposes of the Board are as follows:
            (1) To develop and administer the program described in
        section 4(a).
            (2) To select the research topics for competitions.
            (3) To establish the rules of the competitions and the
        criteria for winning innovation prizes.
            (4) To determine the amount of the innovation prize for
        each competition.
            (5) To certify the winners of the competitions.
            (6) To determine the annual funding requirement for each
        competition.
    (c) Membership.--
            (1) Number of members.--The Secretary shall determine the
        number of members of the Board.
            (2) Chair.--The Secretary, or a designee of the Secretary,
        shall serve as Chair of the Board.
            (3) Members.--
                    (A) From federal agencies.--The Secretary may
                appoint the heads of Federal agencies to serve as full
                members of the Board on a permanent basis.
                    (B) Non-federal members.--The Secretary may appoint
                to the Board individuals who are not officers or
                employees of the Federal Government and who have
                national reputations in the private sector, policy
                sector, or academic institutions.
            (4) Terms.--
                    (A) In general.--Except as provided in subparagraph
                (B), a member of the Board shall serve for a term of 3
                years.
                    (B) Initial terms.--The initial terms of members
                described in paragraph (3)(B) shall be staggered.
            (5) Vacancies.--A member of the Board described in
        paragraph (3)(B) appointed to fill a vacancy occurring other
        than by the expiration of a term shall be appointed for the
        remainder of the term of the former member.
            (6) Status.--Except as provided in paragraph (7), a member
        described in paragraph (3)(B) shall not be deemed to be an
        officer or employee of the United States for purposes of the
        laws or regulations of the United States.
            (7) Travel expenses.--A member described in paragraph
        (3)(B) shall be allowed travel expenses, including per diem in
        lieu of subsistence, at rates authorized for employees of the
        Federal Government under subchapter I of chapter 57 of title 5,
        United States Code.

SEC. 4. INNOVATION PRIZES PROGRAM.

    (a) In General.--The program described in this subsection means a
program of competitions to award innovation prizes to eligible
individuals and entities to advance the research, development, and
commercial application of innovative technologies.
    (b) Eligible Individuals and Entities.--
            (1) In general.--The term ``eligible individual or entity''
        includes an individual, university, or small or large business
        that complies with the requirements of paragraph (2).
            (2) Requirements.--An eligible individual or entity--
                    (A) shall have complied with such eligibility
                requirements for participation in a competition as the
                Board may establish and publish in the Federal Register
                under subsection (d)(2);
                    (B) in the case of a private entity, shall be
                incorporated in and maintain a primary place of
                business in the United States;
                    (C) in the case of an individual, whether
                participating in the program singly or in a group,
                shall be a citizen of, or an alien lawfully admitted
                for permanent residence in, the United States; and
                    (D) may not be--
                            (i) a Federal entity, such as a federally
                        funded research and development center or a
                        government-owned, contractor-operated
                        laboratory;
                            (ii) a Federal employee acting within the
                        scope of employment; or
                            (iii) an employee of a national laboratory
                        acting within the scope of employment.
            (3) Consultation with federal employees.--An individual or
        entity shall not be deemed ineligible under this subsection
        because such individual or entity used Federal facilities or
        consulted with Federal employees during a competition if such
        facilities and employees are made available to all individuals
        and entities participating in the competition on an equitable
        basis.
    (c) Development of Program.--
            (1) Plan.--Not later than 120 days after the date of the
        enactment of this Act, the Secretary shall prepare and submit
        to the Committee on Commerce, Science, and Transportation of
        the Senate and the Committee on Science and Technology of the
        House of Representatives a plan for implementing the program
        described in subsection (a) that includes--
                    (A) a description of how the research topics for
                competitions and the criteria for awarding the
                innovation prizes will be determined;
                    (B) the terms and conditions of the competitions;
                    (C) the time frame for the award of innovation
                prizes; and
                    (D) a description of the plans of the Secretary to
                partner with nonprofit organizations or Federal
                agencies to sponsor competitions or to outsource
                administration of competitions to nonprofit
                organizations under subsection (e).
            (2) Innovation prizes.--In developing the plan under
        paragraph (1), the Secretary shall include the following
        requirements:
                    (A) Categories.--There shall be 2 categories of
                innovation prizes as follows:
                            (i) 21st century innovation prizes.--21st
                        Century Innovation Prizes shall be awarded in
                        multiple competitions in different research
                        areas. The amount of each 21st Century
                        Innovation Prize award may not exceed
                        $2,000,000.
                            (ii) Innovate america grand challenge
                        prizes.--
                                    (I) In general.--Innovate America
                                Grand Challenge Prizes shall be awarded
                                in large, highly complex, and expensive
                                competitions that--
                                            (aa) are held every 2 to 4
                                        years; and
                                            (bb) address research
                                        objectives well beyond the
                                        current state of the art and
                                        that are intended to become
                                        integral to major changes in
                                        complex socio-technological
                                        systems.
                                    (II) Amount of award.--The amount
                                of each Innovate America Grand
                                Challenge Prize award shall be
                                $5,000,000 or more, but not more than
                                $30,000,000.
                    (B) Awards.--The Board shall determine the amount
                of each innovation prize for each competition and may
                elect to award only a first place prize or to award
                first, second, and third place prizes.
    (d) Advertising and Notice to Participants.--
            (1) Advertising.--The Board shall advertise each
        competition widely to encourage broad participation in each
        competition, including by individuals, universities (including
        historically Black colleges and universities and other
        institutions serving minorities), and large and small
        businesses (including businesses owned or controlled by
        socially and economically disadvantaged persons).
            (2) Federal register notice.--The Board shall announce each
        competition by publishing in the Federal Register a notice that
        includes the subject of the competition, the duration of the
        competition, the eligibility requirements for participation in
        the competition, the process for participants to register for
        the competition, the amount of the innovation prize, and the
        criteria for awarding the innovation prize.
    (e) Administering Competitions.--The Board may enter into an
agreement with a private, nonprofit organization to administer
competitions. The duties of the administering entity under the
agreement shall include--
            (1) advertising competitions and the results of
        competitions;
            (2) raising funds from private entities and individuals to
        pay for administrative costs of competitions and to contribute
        to cash innovation prizes;
            (3) working with the Board to develop the criteria for
        selecting winners in competitions, based on goals provided by
        the Secretary;
            (4) determining, in consultation with the Board, the
        appropriate amount of each innovation prize to be awarded;
            (5) selecting judges for competitions using criteria
        developed in consultation with the Board; and
            (6) preventing the unauthorized use or disclosure of the
        intellectual property, trade secrets, and confidential business
        information of participants.
    (f) Funding.--
            (1) Funding sources.--
                    (A) In general.--Innovation prizes awarded under
                the program described in subsection (a) shall consist
                of--
                            (i) funds authorized to be appropriated
                        under section 6; and
                            (ii) any funds raised by the administering
                        entity under subsection (e)(2).
                    (B) Federal agencies.--The Secretary may accept
                funds from other Federal agencies for innovation
                prizes.
            (2) Funding from other entities.--
                    (A) In general.--The Board is authorized to enter
                into agreements with other entities, including
                corporations, nonprofit organizations, and other
                government agencies, to offer joint innovation prizes
                if--
                            (i) the joint innovation prize supports the
                        purposes of this Act;
                            (ii) the entity offering additional funds
                        agrees to deposit the funds into a designated
                        escrow account; and
                            (iii) the Board retains full authority over
                        the competition and the awarding of the cash
                        innovation prizes.
                    (B) Prohibition on special consideration in return
                for donations.--The Secretary may not give any special
                consideration to any private sector entity or
                individual in return for a donation to the
                administering entity to fund a competition.
            (3) Announcement of innovation prizes contingent on
        funding.--
                    (A) In general.--The Secretary may not publish the
                notice in the Federal Register required by subsection
                (d)(2) until all the funds necessary to pay the
                innovation prize have been appropriated or committed in
                writing.
                    (B) Increases in amount of innovation prize.--The
                Secretary may increase the amount of an innovation
                prize after an initial announcement is made under
                subsection (d)(2) if--
                            (i) notice of the increase is published in
                        the Federal Register; and
                            (ii) the funds needed to pay the amount of
                        the increase have been appropriated or
                        committed in writing.
    (g) Liability.--
            (1) Waiver of liability.--
                    (A) In general.--The Secretary may require
                participants to waive claims against the Federal
                Government and the administering entity (except claims
                for willful misconduct) for any injury, death, damage,
                or loss of property, revenue, or profits arising from
                participation in a competition.
                    (B) Notice.--The Secretary shall give notice of any
                waiver required under subparagraph (A) in the notice
                published in the Federal Register under subsection
                (d)(2).
                    (C) Exception.--The Secretary may not require a
                participant to waive claims against the administering
                entity arising out of the unauthorized use or
                disclosure by the administering entity of the
                intellectual property, trade secrets, or confidential
                business information of the participant.
            (2) Liability insurance.--
                    (A) Requirements.--A participant shall be required
                to obtain liability insurance or demonstrate financial
                responsibility, in amounts determined by the Secretary,
                for claims by--
                            (i) a third party for death, bodily injury,
                        or property damage or loss resulting from an
                        activity carried out in connection with
                        participation in a competition; and
                            (ii) the Federal Government for damage or
                        loss to Government property resulting from
                        participation in a competition.
                    (B) Federal government insured.--The Federal
                Government shall be named as an additional insured
                under an insurance policy required under subparagraph
                (A). A registered participant shall be required to
                agree to indemnify the Federal Government against third
                party claims for damages arising from or related to
                participation in a competition.
    (h) Intellectual Property.--
            (1) Prohibition on the government acquiring intellectual
        property rights.--The Federal Government may not gain an
        interest in intellectual property developed by a participant
        for a competition.
            (2) Licenses.--The Federal Government may negotiate a
        license for the use of intellectual property developed by a
        participant for a competition.

SEC. 5. REPORT.

    Not later than one year after the date of the enactment of this
Act, and annually thereafter, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Science and Technology of the House of Representatives
a report describing the activities of the program described in section
4(a), including--
            (1) a description of the methods used to select the
        research topics of competitions and the amounts of the
        innovation prizes;
            (2) a discussion of the features of competitions that
        contribute to the success or lack of success of the
        competitions;
            (3) the number of participants involved in the
        competitions;
            (4) the amount of private funds contributed to the program
        and the sources of such funds;
            (5) the effect of the program on public awareness of
        innovation; and
            (6) the effect of the program on the public image of the
        Department of Commerce.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--
            (1) Awards.--There are authorized to be appropriated to the
        Secretary to carry out the provisions of this Act--
                    (A) for each of fiscal years 2008 through 2012,
                $5,000,000 for awards described in section
                4(c)(2)(A)(i); and
                    (B) for fiscal year 2008, $30,000,000 for awards
                described in section 4(c)(2)(A)(ii).
            (2) Administration.--In addition to the amounts authorized
        to be appropriated under paragraph (1), there are authorized to
        be appropriated to the Secretary for each of fiscal years 2008
        through 2012 $750,000 for the administrative costs of carrying
        out this Act.
    (b) Carryover of Funds.--Funds appropriated to carry out the
provisions of this Act shall remain available until expended.

Summary: Reward Innovation in America Act - Establishes a National Innovation Prizes Board in the Department of Commerce, which shall develop and administer a program of competitions to award innovation prizes to eligible individuals and entities to advance the research, development, and commercial application of innovative technologies. Requires the Secretary of Commerce to submit a plan for implementing such program. Requires that there be two categories of prizes: (1) 21st Century Innovation Prizes, which shall be awarded in multiple competitions in different research areas. And (2) Innovate America Grand Challenge Prizes, which shall be awarded in large, highly complex, and expensive competitions that are held every two to four years and address research objectives well beyond the current state of the art and that are intended to become integral to major changes in complex socio-technological systems. Requires the Board to determine the amount of each prize for each competition. Instructs the Board to: (1) advertise competitions widely to encourage broad participation. And (2) publish notices of competitions in the Federal Register. Authorizes the Board to enter into an agreement with a private, nonprofit organization to administer competitions. Specifies that prizes awarded under the program shall consist of: (1) funds authorized to be appropriated pursuant to this Act. And (2) any funds raised by the administering entity to pay for administrative costs of competitions and to contribute to cash prizes. Requires the Secretary to submit annual reports describing the activities of the program.

A bill to establish a program to award innovation prizes to individuals and entities for researching and developing innovative technologies, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``NOAA Corps Disestablishment Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to disestablish the Corps of Commissioned Officers of
        the National Oceanic and Atmospheric Administration, a
        uniformed service within the Department of Commerce;
            (2) to provide for fair treatment of retired officers and
        officers on the active list of the NOAA Corps, and other
        employees of the National Oceanic and Atmospheric
        Administration and the Department of Commerce; and
            (3) to provide for the retention of professional skills and
        experience required by NOAA to continue to carry out its
        mission effectively.

SEC. 3. CONVERSION.

    (a) In General.--Not later than the disestablishment date each
conversion-eligible officer who has signed a conversion agreement and
the position to which such officer is assigned as of that date shall be
converted into the civilian service.
    (b) Credit for Prior Service.--The total time served in the NOAA
Corps and in any other uniformed service by an officer who is converted
to the civilian service under subsection (a) shall be--
            (1) credited under the Federal Employees' Retirement System
        in accordance with section 8411(c) of title 5, United States
        Code (and subject to any limitations in such section 8411(c) of
        such title), if the officer pays the deposit required by
        section 8422(e) of such title;
            (2) deemed to be creditable civilian service for the
        purposes of section 8410 of such title concerning eligibility
        for annuity, section 8442(b) of such title concerning rights of
        a widow or widower, and section 8451(a) of such title
        concerning disability retirement; and
            (3) credited in accordance with, and subject to limitations
        in, section 3502(a) of such title concerning retention in a
        reduction in force, and section 6303(a) of such title
        concerning annual leave accrual.
    (c) All officers converted to the civilian service under subsection
(a) shall be eligible for health insurance in accordance with chapter
89 of title 5, United States Code, with such coverage effective
retroactively to the effective date of that officer's conversion.

SEC. 4. CONVERSION BENEFIT.

     (a) In General.--The Secretary shall, subject to the availability
of appropriations, provide a conversion benefit to be calculated using
the formula provided in section 1174a(b)(2)(A) of title 10, United
States Code, to each conversion-eligible officer converted to the
civilian service under section 3.
    (b) Repayment of Benefit Upon Leaving Within 180 Days of
Conversion.--Any officer leaving the employment of NOAA within 180 days
after conversion to the civilian service under section 3 shall refund
to the Treasury an amount equal to 5 percent of the product of--
            (1) the member's years of active service, multiplied by
            (2) 12 times the monthly basic pay to which the member is
        entitled on the date of the disestablishment of the NOAA Corps.
    (c) Contributions to the Thrift Savings Fund.--Notwithstanding the
time periods set forth at 5 U.S.C. 8432(b), each conversion-eligible
officer converted to the civilian service under section 3 shall be
eligible immediately to make an election to contribute to the Thrift
Savings Fund.

SEC. 5. LEAVE AND SUPPLEMENTAL RETIREMENT LIABILITY.

    (a) Credit for Unused Leave.--
            (1) Transferred leave.--Each officer who is in the NOAA
        Corps on the date of enactment of this Act and who is converted
        into or appointed to the civilian service without a break in
        service, shall receive a credit for unused leave which shall be
        transferred to that officer's credit in the employing agency in
        accordance with regulations promulgated by the Office of
        Personnel Management. No lump-sum payment shall be made for the
        leave that is transferred.
            (2) Lump-sum payment for leave.--Each officer who is in the
        NOAA Corps on the date of enactment of this Act and who
        receives a lump-sum payment for unused leave and is employed in
        the civilian service prior to the expiration of the period
        covered by the lump-sum payment, shall refund to the employing
        agency an amount equal to the compensation covering the period
        between the date of employment and the expiration of the period
        covered by such leave payment. The leave represented by any
        such refund shall be recredited to that officer by the
        employing agency in accordance with regulations promulgated by
        the Office of Personnel Management.
    (b) Retirement Fund Supplemental Liability.--There is authorized to
be appropriated to the Civil Service Retirement and Disability Fund an
amount equal to the Federal Employee Retirement System supplemental
liability created by granting service credit under section 8411 of
title 5, United States Code, to those NOAA Corps officers converted
into the civilian service under section 3(a) of this Act. Such amount,
as determined by the Office of Personnel Management, shall be credited
to such Fund no later than September 30, 1998.

SEC. 6. ADDITIONAL CIVILIAN POSITIONS.

    (a) In General.--Not later than the disestablishment date, the
Under Secretary shall establish additional civilian positions in NOAA
as determined to be necessary for fulfilling essential mission
functions and may fill such positions in accordance with customary
recruitment procedures.
    (b) Vacancy Information Provided to Retired Officers and Current
Department of Commerce Employees.--Vacancy announcements for any
positions described in subsection (a) shall be provided to each officer
who retires after the date of enactment of this act and vacancy
information shall be made available to current employees of the
Department of Commerce at the initiation of a recruitment action
concerning such positions.

SEC. 7. DISESTABLISHMENT.

    (a) Disestablishment.--The Commissioned Officers Corps of the
National Oceanic and Atmospheric Administration is disestablished as of
October 1, 1997.
    (b) Eligibility for Noncompetitive Appointments.--
            (1) Invountary separations.--Each officer in the NOAA Corps
        on the date of enactment of this Act, shall be afforded
        noncompetitive appointment eligibility for any competitive
        service position within the Department of Commerce for which
        the officer meets the minimum qualification requirements.
        Eligibility for this special noncompetitive appointment shall
        begin on the effective date of this Act and extend for--
                    (A) 1 year, in the case of an officer who has less
                than 3 years of service in the NOAA Corps, after the
                officer is involuntarily separated; and
                    (B) 2 years, in the case of any other officer.
            (2) Appointments and conversions.--Each officer in the NOAA
        Corps on the date of enactment of this Act who has completed at
        least 1 year of continuous service as a NOAA Corps officer will
        acquire competitive status upon appointment or conversion under
        this Act. Officers who have completed at least 3 years of
        service in the NOAA Corps or other uniformed service will
        receive career appointments. All other officers will receive
        career-conditional appointments and their time in the Corps
        will be credited towards career tenure. Annual fitness reports
        shall constitute annual performance ratings for purposes of 5
        CFR Part 351, for any officer who is appointed to or is
        converted into the civilian service, so as to provide
        entitlement to additional service credit for performance where
        needed.

SEC. 8. SEPARATION AND RETIREMENT OF OFFICERS.

    (a) Separation.--Each conversion-eligible officer who has not
signed a conversion agreement shall be involuntarily separated from the
NOAA Corps not later than September 30, 1997.
    (b) Retirement.--Each officer who is on the active list of the NOAA
Corps on the date of the enactment of this Act shall, if eligible to
retire not later than September 30, 1997, under any provision of law,
be retired under such provision not later than such date.
    (c) Separation Pay.--Notwithstanding section 11(b) of this Act, any
officer involuntarily separated from the NOAA Corps by reason of
subsection (a) shall be eligible for separation pay as authorized by
section 9 of the Coast and Geodetic Survey Commissioned Officers Act of
1948 (33 U.S.C. 853h).
    (d) Repeal of Cap on Separation Pay.--Section 9 of the Coast and
Geodetic Survey Commissioned Officers Act of 1948 (33 U.S.C. 853h) is
amended by striking--
            (1) ``, or $30,000, whichever is less'' in subsection
        (b)(1)(B);
            (2) ``, but in no event no more than $15,000'' in
        subsection (b)(2); and
            (3) subsection (d)(2).
    (e) Retirement Eligibility Based on Unused Leave.--
            (1) Officers with 15 years' service.--A conversion-eligible
        officer shall be deemed to have 15 years of active service for
        purposes of all provisions and regulations concerning
        retirement of a member of a uniformed service for which a NOAA
        Corps officer is otherwise eligible if, as of the day prior to
        the disestablishment date the sum of such officer's length of
        active service in the NOAA Corps and other uniformed services
        plus an amount of such officer's unused leave equals or exceeds
        15 years.
            (2) Retirement terms.--An officer described in paragraph
        (1)--
                    (A) is ineligible for conversion into the civilian
                service under section 3(a);
                    (B) shall not qualify as a ``conversion-eligible
                officer'' as defined in section 13(3);
                    (C) shall be retired under subsection (b) of this
                section;
                    (D) shall receive retirement pay computed on the
                sum obtained in paragraph (1); and
                    (E) shall not receive a lump sum payment for leave
                that is used to qualify for retirement under paragraph
                (1).

SEC. 9. STATUS OF OFFICERS AND ADMINISTRATION OF RETIREMENT BENEFITS.

    (a) Active NOAA Service Deemed To Be Service in the Navy.--
Effective on the disestablishment date, and as determined and credited
by the Secretary of Commerce, the active service of each officer in the
NOAA Corps and its predecessors who has retired shall be deemed to have
been active service in the United States Navy for purposes of
determining the rights, privileges, and benefits administered by the
Department of Defense to which such officer and the officer's
dependents and survivors are entitled.
    (b) Administration by Department of Defense of Retired Pay,
Survivor and other Benefits.--Effective on the disestablishment date,
authority and responsibility for the administration of retired pay for
retired officers of the former NOAA Corps, survivor benefit annuities
for their survivors, and all rights, privileges and benefits to which
retired officers of the former NOAA Corps and its predecessors, their
dependents and survivors are entitled in accordance with subsection (a)
is transferred to the Secretary of the Navy. Such retired pay and
survivor benefits shall be paid from the Department of Defense Military
Retirement Fund. The one-time change in unfunded liability in that fund
resulting from this subsection shall be considered to be an actuarial
loss under the provisions of section 1465(c)(3) of title 10, United
States Code. The cost of all other benefits, including those concerning
health and dental care, provided to each officer and the officer's
dependents and survivors in accordance with subsection (a) shall be
paid from amounts appropriated to the Department of Defense.
    (c) Retired Pay Administration.--Effective on the disestablishment
date--
            (1) Section 1461(b) of title 10, United States Code, is
        amended--
                    (A) by striking ``and'' at the end of paragraph
                (2);
                    (B) by striking the period at the end of paragraph
                (3) and inserting ``, and''; and
                    (C) by adding at the end the following new
                paragraph:
            ``(4) the provisions of law that created entitlement to,
        and determined the amount of, retired pay for retired officers
        of the former Commissioned Officers Corps of the National
        Oceanic and Atmospheric Administration and its predecessors (as
        in effect before the disestablishment of that corps by the NOAA
        Corps Disestablishment Act).''.
            (2) Section 1461 of such title is amended by adding at the
        end thereof the following new subsection:
    ``(c) For purposes of subsection (b)(2) and section 1463(a)(4) of
this title, the term `armed forces' shall be considered to include the
former Commissioned Officers Corps of the National Oceanic and
Atmospheric Administration and its predecessors.''.
            (3) Section 1463(a)(1) of such title is amended by
        inserting ``and to retired officers of the former Commissioned
        Officers Corps of the National Oceanic and Atmospheric
        Administration and its predecessors'' before the semicolon at
        the end.
    (d) Actions by Secretary.--The Secretary shall--
            (1) transfer promptly to the Secretary of the Navy all
        records required to implement this section; and
            (2) advise all retired members of the former NOAA Corps and
        its predecessors or their survivors of the functions to be
        assumed by the Secretary of the Navy under this Act.
    (e) Treatment of Prior Active Service.--Effective on the
disestablishment date, and except as provided in subsection (a), the
active service of an officer in the NOAA Corps and its predecessors
(including that of an officer who has retired) shall continue to be
treated as active duty in a uniformed service as provided in applicable
law.

SEC. 10. DISABILITY DETERMINATIONS.

    (a) In General.--Not later than the disestablishment date, the
Secretary of Commerce shall, under section 1210(b) of title 10, United
States Code, and based upon a physical examination, make a final
determination of the case of each officer of the NOAA Corps whose name
is on the temporary disabled retired list under section 1202 of such
title. As provided in the second sentence of section 1210(b) of such
title, if, at the time of that determination, the physical disability
for which the officer's name was carried on the temporary disability
retired list still exists, it shall be considered to be permanent and
stable. Such an officer shall be retired in accordance with section
1210(c) or 1210(d) of such title or separated in accordance with
section 1210(e) of such title, as applicable.
    (b) Substitution of Terms.--For purposes of making the
determination required by subsection (a) under section 1210(b) of title
10, United States Code, ``15 years of service'' shall be substituted
for ``20 years of service'' in sections 1210(d) and 1210(e) of that
title.
    (c) Disposition of Officers Determined Not To Be Disabled.--If,
upon a final determination under subsection (a), it is determined that
the officer is physically fit to perform the duties of the officer's
rank, the officer shall be either--
            (1) converted into the civilian service if eligible in
        accordance with section 3(a), provided that the officer has
        signed a conversion agreement; or
            (2) retired or separated in accordance with section 8.

SEC. 11. AMENDMENTS AND REPEALS.

    (a) Amendments.--The Coast and Geodetic Survey Commissioned
Officers Act of 1948 (33 U.S.C. 853a-853u) is amended--
            (1) by striking subsection (b) in section 8 and
        redesignating subsection (c) as subsection (b); and
            (2) by striking ``under section 8'' in section 9.
    (b) Repeals.--The following provisions of law are repealed
effective on the disestablishment date:
            (1) The Coast and Geodetic Survey Commissioned Officers Act
        of 1948, (33 U.S.C. 853a-853u).
            (2) The Act of February 16, 1929, (Chapter 221, section 5,
        45 Stat. 1187; 33 U.S.C. 852a).
            (3) The Act of January 19, 1942, (Chapter 6; 56 Stat. 6).
            (4) Section 9 of Public Law 87-649, (76 Stat. 495).
            (5) The Act of May 22, 1917, (Chapter 20, Section 16; 40
        Stat. 87; 33 U.S.C. 854 et seq.).
            (6) The Act of December 3, 1942, (Chapter 670; 56
        Stat.1038).
            (7) Sections 1 through 5 of Public Law 91-621, (84 Stat.
        1863; 33 U.S.C. 857-1 et seq.).
            (8) The Act of August 10, 1956, (Chapter 1041, section 3;
        70A Stat. 619; 33 U.S.C. 857a).
            (9) The Act of May 18, 1920, (Chapter 190, section 11; 41
        Stat. 603; 33 U.S.C. 864).
            (10) The Act of July 22, 1947, (Chapter 286; 61 Stat. 400;
        33 U.S.C. 873, 874).
            (11) The Act of August 3, 1956, (Chapter 932; 70 Stat. 988;
        33 U.S.C. 875, 876).
    (c) Continuing Application.--No repeal under this section shall
affect any annuity or other benefit authorized under provision of law
so repealed, based on the separation of any person from the NOAA Corps
or its predecessors.

SEC. 12. IMPLEMENTING AUTHORITIES.

    Without regard to any other provision of law and without prior
notification, the Secretary is authorized to establish, eliminate or
reorganize any office within NOAA as determined by the Secretary to be
necessary or appropriate to carry out the purposes of this Act. Not
later than 2 years after enactment, the Secretary shall submit a report
to the appropriate committees of Congress describing the actions taken
under this section.

SEC. 13. DEFINITIONS.

    For purposes of this Act, the term --
            (1) ``Conversion Agreement'' means an agreement which
        states that a conversion-eligible officer agrees to be
        converted to the civilian service and will remain in the
        position assigned at the time of conversion or in another NOAA
        position as assigned after conversion for 180 days following
        such conversion;
            (2) ``Conversion Eligible Officer'' means an officer in the
        NOAA Corps on the date of enactment of this Act whose active
        service in the NOAA Corps and in any other uniformed service as
        of the disestablishment date will total less than 15 years,
        except as provided in section 8(e);
            (3) ``disestablishment date'' means October 1, 1997;
            (4) ``NOAA'' means the National Oceanic and Atmospheric
        Administration;
            (5) ``NOAA Corps'' means the Corps of Commissioned Officers
        of the National Oceanic and Atmospheric Administration;
            (6) ``Predecessors'' means the former Commissioned Officers
        Corps of the Environmental Sciences Services Administration and
        the former Commissioned Officers Corps of the Coast and
        Geodetic Survey;
            (7) ``Secretary'' means the Secretary of Commerce; and
            (8) ``Under Secretary'' means the Under Secretary of
        Commerce for Oceans and Atmosphere.

Summary: NOAA Corps Disestablishment Act - Converts to civilian service each conversion-eligible officer in the National Oceanic and Atmospheric Administration (NOAA) Corps of Commissioned Officers who has signed a conversion agreement and the position to which the officer is assigned. Provides for a conversion benefit, Thrift Savings Plan eligibility, and credit for unused leave. Authorizes appropriations to the Civil Service Retirement and Disability Fund equal to the Federal Employee Retirement System supplemental liability created by granting service credit. Mandates establishment of additional NOAA civilian positions. Disestablishes the Corps as of October 1, 1997. Provides for noncompetitive appointment eligibility in the Department of Commerce. Separates conversion-eligible officers who do not sign a conversion agreement, with eligibility for separation pay. Amends the Coast and Geodetic Survey Commissioned Officers Act of 1948 to remove dollar caps on separation pay. Provides for retirement eligibility and terms. Deems Corps service to have been active service in the Navy. Provides for the administration of retired pay, survivor, and other benefits. Makes related amendments to Federal law provisions relating to the Department of Defense Military Retirement Fund. Mandates a final determination, based on a physical examination, regarding each officer on the temporarily disabled retired list. Repeals: (1) the Coast and Geodetic Survey Commissioned Officers Act of 1948 and numerous other Federal Acts and provisions related to the Corps. And (2) provisions authorizing extra compensation to members of vessel crews when assigned duties as instrument observer or recorder and to other Federal agencies' employees while observing tides or currents or tending seismographs or magnetographs. Authorizes the establishment, elimination, or reorganization of any office in NOAA as necessary or appropriate to carry out the purposes of this Act. Mandates a report to the Congress describing any such actions.

NOAA Corps Disestablishment Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Quality of Life for Women Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Women's pelvic floor disorders are a group of common
        conditions that cause considerable disability and pain.
            (2) Such disorders include bladder and bowel dysfunction,
        including incontinence. Another such disorder is pelvic organ
        prolapse, which involves a downward shift of uterine or vaginal
        structures from their normal positions. Often these conditions
        coexist.
            (3) Women's pelvic floor disorders are extremely common and
        are barriers to healthy living.
            (4) Women often suffer from a broad overlap of all pelvic
        floor disorders, usually experiencing several disorders
        simultaneously.
            (5) Thirty percent of American women will suffer from a
        form of urinary incontinence.
            (6) Eleven percent of women in the United States have
        surgery for urinary incontinence or pelvic organ prolapse
        during their lifetime, and close to one third will have a
        second surgery. Many more women are treated with nonsurgical
        techniques or remain untreated.
            (7) Of the 3 million vaginal deliveries that occur each
        year in the United States, 900,000 women will develop
        symptomatic urinary incontinence and a smaller number will
        develop pelvic organ prolapse and bowel incontinence.
            (8) An estimated $26.3 billion is spent annually to either
        treat or compensate for urinary incontinence.
            (9) Many health care providers are not prepared to evaluate
        urinary pelvic floor disorders, including incontinence, and are
        unaware of treatment options.
            (10) To address the public health threat posed by women's
        pelvic floor disorders, there is a need for the establishment
        of awareness and education programs directed at the public and
        primary-care providers, including the authorization of research
        focused on urinary incontinence and other pelvic floor
        disorders. Such programs will greatly help promote better care
        and treatment to those women afflicted with these disorders.

SEC. 3. EDUCATION REGARDING WOMEN'S PELVIC FLOOR DISORDERS.

    (a) In General.--Part P of title III of the Public Health Service
Act (42 U.S.C. 280g et seq.) is amended by adding at the end the
following section:

``SEC. 399O. EDUCATION REGARDING WOMEN'S PELVIC FLOOR DISORDERS.

    ``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration and the Director of
the Centers for Disease Control and Prevention, shall carry out a
program to provide education regarding bladder and bowel dysfunction
(including incontinence), pelvic organ prolapse, and other pelvic floor
disorders to health professionals and the general public. Activities
under such program shall be carried out directly by the Secretary and
through awards of grants or contracts to States, political subdivisions
of States, and other public or nonprofit private entities.
    ``(b) Certain Information.--The Secretary shall ensure that
education under subsection (a) includes, at a minimum--
            ``(1) information describing the prevalence of pelvic floor
        disorders in women; and
            ``(2) information regarding treatment options for such
        disorders.
    ``(c) Use of Internet.--The Secretary shall ensure that the means
through which education under subsection (a) is provided includes the
posting of information on the Internet site of the Centers for Disease
Control and Prevention. The Secretary shall ensure that, in the case of
health professionals, such means includes means in addition to the
posting of information on such site.
    ``(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2006 through 2010.''.
    (b) Sense of Congress.--It is the sense of the Congress that the
Director of the Centers for Disease Control and Prevention should
establish a national registry for surgical treatment of pelvic floor
disorders, especially procedures using new technology.

SEC. 4. RESEARCH THROUGH NATIONAL INSTITUTES OF HEALTH.

    (a) In General.--Part B of title IV of the Public Health Service
Act (42 U.S.C. 284 et seq.) is amended by adding at the end the
following:

``SEC. 409J. WOMEN'S PELVIC FLOOR DISORDERS.

    ``(a) In General.--The Directors of the National Institute of
Diabetes and Digestive and Kidney Diseases and the National Institute
of Child Health and Human Development shall expand and intensify the
activities of such Institutes with respect to women's pelvic floor
disorders, including proposals for research on such disorders that are
developed independently of solicitations by the National Institutes of
Health for research proposals.
    ``(b) Networks.--
            ``(1) Urinary incontinence treatment network.--The Director
        of the National Institute of Diabetes and Digestive and Kidney
        Diseases, in consultation with the Director of the National
        Institute of Child Health and Human Development, shall provide
        for the continuing operation of the Urinary Incontinence
        Treatment Network. The Network was established pursuant to
        financial awards from such Institutes, and includes multiple
        continence treatment centers and a single biostatistical
        coordinating committee. The Director shall ensure that not
        fewer than eight such treatment centers are in operation and
        may provide for the establishment of additional treatment
        centers, subject to appropriations Acts.
            ``(2) Clinical trials network for female pelvic
        disorders.--The Director of the National Institute of Child
        Health and Human Development, in consultation with the Director
        of the National Institute of Diabetes and Digestive and Kidney
        Diseases, shall provide for the continuing operation of the
        Clinical Trials Network for Female Pelvic Disorders. The
        Network was established pursuant to financial awards from such
        Institutes, and includes multiple clinical sites and a single
        data coordinating committee. The Director shall ensure that not
        fewer than seven such clinical sites are in operation and may
        provide for the establishment of additional clinical sites,
        subject to appropriations Acts.
    ``(c) Peer Review.--With respect to technical and scientific peer
review under section 492, the Director of NIH shall ensure that groups
that review research proposals under this section include
urogynecologists and other pelvic floor specialists.''.
    (b) Sense of Congress.--
            (1) In general.--The Congress commends--
                    (A) the National Institute of Diabetes and
                Digestive and Kidney Diseases for its financial support
                of the Urinary Incontinence Treatment Network;
                    (B) the National Institute of Child Health and
                Human Development for its financial support of the
                Clinical Trials Network for Female Pelvic Disorders;
                    (C) the successful collaboration of such Institutes
                with respect to the Networks; and
                    (D) each of such Networks for the research it is
                conducting toward improving women's pelvic health.
            (2) Certain activities.--It is the sense of the Congress
        that the Directors of the National Institute of Diabetes and
        Digestive and Kidney Diseases and the National Institute of
        Child Health and Human Development should--
                    (A) increase the size, scope, number, and funding
                for multidisciplinary research through centers and
                clinical sites of the Networks referred to in paragraph
                (1);
                    (B) encourage industry relationships in women's
                pelvic floor health related research;
                    (C) recruit established scientists from other
                relevant areas (such as cardiac or gastrointestinal
                physiology, cell signaling, biomechanical engineering,
                genomics, and proteomics) to apply their work to the
                urinary tract and incontinence by encouraging
                collaborative efforts between basic and clinical
                scientists;
                    (D) increase research funding for studies that use
                cellular and molecular techniques to examine the basic
                mechanisms of bladder and urethral interactions that
                create urinary continence and incontinence;
                    (E) support research to develop appropriate animal
                models of urinary incontinence;
                    (F) develop novel techniques (both invasive and
                noninvasive) for measuring neural, muscular (striated
                and smooth), and vascular function relating to pelvic
                floor health;
                    (G) identify risk factors for pelvic floor
                disorders and urinary incontinence related to
                childbirth and aging so that prevention measures and
                improved disease-specific treatment can be developed;
                    (H) initiate research to develop preventive and
                therapeutic approaches to urinary incontinence that are
                sensitive to gender, race, and culture, and develop the
                means of measuring outcomes for treatments in these
                varied settings;
                    (I) develop a national data registry and tissue
                bank of people suffering from incontinence to meet the
                needs of researchers for well-characterized tissue
                samples; and
                    (J) research the relationship between the anatomic
                changes of pelvic organ prolapse and the functional
                derangement's commonly seen in association with them,
                including voiding dysfunction and incontinence.

SEC. 5. INCLUSION OF WOMEN'S PELVIC FLOOR HEALTH IN NATIONAL CHILDREN'S
              STUDY.

    The Director of the National Institute of Child Health and Human
Development shall include women's pelvic floor health as one of the
matters studied in the prospective cohort study regarding child health
and human development that is being conducted under section 1004(b) of
the Children's Health Act of 2000 (Public Law 106-310; 114 Stat. 1130)
and is known as the National Children's Study.

SEC. 6. CONSULTATION.

    In carrying out this Act, the Secretary of Health and Human
Services shall consult with the American Urogynecologic Society and
such other qualified professional and patient organizations as the
Secretary determines to be appropriate.

Summary: Quality of Life for Women Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA) and the Director of the Centers for Disease Control and Prevention (CDC), to educate health professionals and the public on bladder and bowel dysfunction , pelvic organ prolapse, and other pelvic floor disorders. Expresses the sense of Congress that the Director should establish a national registry for surgical treatment of such disorders. Requires the Directors of the National Institute of Diabetes and Digestive and Kidney Diseases and the National Institute of Child Health and Human Development to: (1) expand and intensify the activities of such Institutes with respect to women's pelvic floor disorders, including developing proposals for research on such disorders. And (2) provide for the continuing operation of the Urinary Incontinence Treatment Network and the Clinical Trials Network for Female Pelvic Disorders. Commends such Institutes for their support of such Networks and such Networks for their research toward improving women's pelvic health. Expresses the sense of Congress as to efforts that such Institutes should undertake, including increasing their research, recruiting established scientists, and developing a national data registry and tissue bank of people suffering from incontinence.

To amend the Public Health Service Act to provide for educational activities and research with respect to women's pelvic floor health through the Centers for Disease Control and Prevention and the National Institutes of Health.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Economic Mobility for Productive
Livelihoods and Expanding Opportunity Act of 2016'' or the ``EMPLEO
Act''.

SEC. 2. FEDERAL MINIMUM WAGE REQUIREMENT FOR ELIGIBLE PUERTO RICO
              EMPLOYEES.

    Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)) is amended--
            (1) by redesignating paragraphs (2) through (4) as
        paragraphs (3) through (5), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) if such employee is an eligible Puerto Rico employee,
        as defined in section 6433(c) of the Internal Revenue Code of
        1986, who receives a qualified wage subsidy payment under
        section 6433 of such Code from a participating employer, $5.00
        an hour (as determined without regard to the qualified wage
        subsidy payment);''.

SEC. 3. WAGE SUBSIDY FOR PUERTO RICO WORKERS.

    (a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:

``SEC. 6433. WAGE SUBSIDY FOR PUERTO RICO WORKERS.

    ``(a) In General.--In the case of a participating employer which
makes qualified wage subsidy payments to eligible Puerto Rico
employees, such participating employer shall be treated for purposes of
this title as having paid to the Secretary, on the date any such
qualified wage subsidy payment is paid, payroll taxes in an amount
equal to such wage subsidy payment.
    ``(b) Participating Employer.--
            ``(1) In general.--For purposes of this section, the term
        `participating employer' means an employer which--
                    ``(A) elects the application of this section,
                    ``(B) makes qualified wage subsidy payments to all
                eligible Puerto Rico employees of such employer,
                    ``(C) provides to each eligible Puerto Rico
                employee (in such form and manner as the Secretary
                shall by regulations prescribe) information about the
                amount of qualified wage subsidy payments paid to such
                employee at the time such payments are made, and
                    ``(D) in the case of an employer which elects to
                receive an advance payment under subsection (g),
                provides to the Secretary the information described in
                paragraph (2) not later than 30 days before the
                beginning of the applicable period.
            ``(2) Information required.--The information required under
        this paragraph is the following:
                    ``(A) An estimate of the number of workers who will
                be employed by the participating employer for the
                applicable period.
                    ``(B) An estimate of the payroll taxes (determined
                without regard to any increase in tax under section
                3111 by reason of subsection (g)(2)) that will be paid
                by the participating employer with respect to all
                employees for such applicable period.
                    ``(C) An estimate of the number of eligible Puerto
                Rico employees who will be employed by the
                participating employer for such applicable period and
                the hourly rate of pay for each such employee
                (determined without regard to any qualified wage
                subsidy payment).
                    ``(D) An estimate of the aggregate amount of
                qualified wage subsidy payments that will be paid by
                such employer to eligible Puerto Rico employees for
                such applicable period.
            ``(3) Failure to make subsidy payments.--For purposes of
        this title (including penalties), the failure by any employer
        which makes an election under paragraph (1)(A) to make any
        qualified wage subsidy payment at the time provided therefor
        shall be treated as the failure at such time to deduct and
        withhold under section 3102 an amount equal to the amount of
        such qualified wage subsidy payment.
    ``(c) Eligible Puerto Rico Employee.--For purposes of this section,
the term `eligible Puerto Rico employee' means, with respect to any
calendar year, any individual who--
            ``(1) is a citizen of the United States,
            ``(2) has a social security number issued to the individual
        by the Social Security Administration, and
            ``(3) certifies, in such form and manner as provided by the
        Secretary, to the employer that such individual is a resident
        of Puerto Rico and intends to remain a resident of Puerto Rico
        for not less than the next 6 months.
    ``(d) Qualified Wage Subsidy Payment.--For purposes of this
section--
            ``(1) In general.--The term `qualified wage subsidy
        payment' means, with respect to any eligible Puerto Rico
        employee for any period, a payment equal to 50 percent of the
        excess (if any) of--
                    ``(A) the median hourly wage for Puerto Rico, over
                    ``(B) the hourly wage paid to the eligible Puerto
                Rico employee.
            ``(2) Median hourly wage for puerto rico.--For purposes of
        paragraph (1)(A), the median hourly wage for Puerto Rico is--
                    ``(A) $10 for calendar years 2017 and 2018, and
                    ``(B) for any calendar year beginning after 2018,
                the amount determined by the Bureau of Labor Statistics
                based on the most recent data available as of 30 days
                before the start of such calendar year.
            ``(3) Determination of hourly wage.--For purposes of
        paragraph (1)(B)--
                    ``(A) In general.--The hourly wage of any employee
                shall be determined without regard to any qualified
                wage subsidy payment under this section.
                    ``(B) Period.--Each hour at which an eligible
                Puerto Rico employee performs services for a different
                rate of pay shall be treated as a separate period.
                    ``(C) Salaried employees.--In the case of a
                salaried employee, the hourly wage for such employee
                for any period shall be determined by dividing the
                annual rate of pay for such period by 2,080.
    ``(e) Payroll Taxes.--For purposes of this section, the term
`payroll taxes' means--
            ``(1) amounts required to be deducted for the payroll
        period under section 3102 (relating to FICA employee taxes),
        and
            ``(2) amounts of the taxes imposed for the payroll period
        under section 3111 (relating to FICA employer taxes).
    ``(f) Other Definitions and Special Rules.--For purposes of this
section--
            ``(1) Applicable period.--For purposes of this section, the
        term `applicable period' means--
                    ``(A) except as provided in subparagraph (B), a
                calendar quarter, and
                    ``(B) in the case of any employer which files
                returns for payroll taxes less frequently than
                quarterly, such period as determined by the Secretary
                under regulations.
            ``(2) Wage subsidy payments in excess of payroll tax
        liability.--To the extent that the amount treated as paid under
        subsection (a) exceeds the amount of such person's liability
        for payroll taxes, the Secretary shall credit and refund such
        excess in the same manner as if it were an overpayment of such
        taxes.
    ``(g) Advanced Payments for Certain Participating Employers.--
            ``(1) In general.--In the case of a participating employer
        which elects the application of this subsection, the Secretary
        shall pay to such participating employer, not later than the
        first day of the applicable period, an amount equal to the
        excess of--
                    ``(A) the aggregate amount of qualified wage
                subsidy payments for such applicable period (as
                determined based on estimates submitted under
                subsection (b)(2)), exceeds
                    ``(B) the aggregate amount of payroll taxes
                (determined without regard to any increase in tax under
                section 3111 by reason of paragraph (2) and based on
                estimates submitted under subsection (b)(2)) for such
                applicable period.
            ``(2) Treatment of payments.--For purposes of this title,
        the amount of taxes imposed under section 3111 on any
        participating employer for any calendar quarter shall be
        increased by an amount equal to any payment made under
        paragraph (1) with respect to such calendar quarter.''.
    (b) Social Security Trust Funds Held Harmless.--In determining the
amount of any amount transferred or appropriated to any fund under the
Social Security Act, section 6433 of the Internal Revenue Code of 1986
shall not be taken into account.
    (c) Conforming Amendments.--
            (1) Section 1324(b)(2) of title 31, United States Code, is
        amended by striking ``or 6431'' and inserting ``6431, or
        6433''.
            (2) The table of sections for subchapter B of chapter 65 of
        the Internal Revenue Code of 1986 is amended by adding at the
        end the following new item:

``Sec. 6433. Wage subsidy for Puerto Rico workers.''.
    (d) Other Provisions.--
            (1) Reporting of wage subsidy information.--Section 6051(a)
        of the Internal Revenue Code of 1986 is amended by striking
        ``and'' at the end of paragraph (13), by striking the period at
        the end of paragraph (14) and inserting ``, and'', and by
        inserting after paragraph (14) the following new paragraph:
            ``(15) in the case of an eligible Puerto Rico employee (as
        defined in section 6433), the amount of any qualified wage
        subsidy payment paid to such employee.''.
            (2) Penalty for failure to provide information to
        employees.--Section 6652 of such Code is amended by adding at
        the end the following new subsection:
    ``(o) Failure To Report Wage Subsidy Information to Employees.--In
the case of a failure to provide the information required under section
6433(b)(1)(C) at the time required for providing such information,
there shall be paid (upon notice and demand by the Secretary and in the
same manner as tax) by the person failing to provide such information,
an amount equal to $50 for each such failure. In the case of any
failure due to negligence or intentional disregard, the preceding
sentence shall be applied by substituting `$100' for `$50'.''.
    (e) Effective Date.--The amendments made by this section shall
apply to wages paid after December 31, 2016.

Summary: Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2016 or the EMPLEO Act This bill amends the Fair Labor Standards Act of 1938 to require every employer to pay to each of his or her eligible Puerto Rican employees who in any workweek are engaged in commerce and who receive qualified wage subsidy payments minimum wages of $5.00 an hour, determined without regard to those wage subsidy payments. The bill amends the Internal Revenue Code to treat certain employers who make qualified wage subsidy payments to eligible Puerto Rico employees as having paid payroll taxes in an amount equal to the wage subsidy payment. An ldquo, eligible Puerto Rico employeerdquo. Is any individual who: (1) is a US citizen, (2) has a Social Security number, and (3) certifies to the employer that he or she is a resident of Puerto Rico and intends to remain a resident for at least the next six months. A ldquo, qualified wage subsidy paymentrdquo. Is a payment equal to 50 of the excess of: (1) the median hourly wage for Puerto Rico , over (2) the hourly wage paid to the eligible Puerto Rico employee. The bill sets forth reporting requirements for participating employers and requirements for determining the median hourly wage for Puerto Rico after 2018.

EMPLEO Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Acid Deposition and Ozone Control
Act of 1997''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1)(A) reducing atmospheric nitrogen oxide will reduce
        acidic deposition, and the serious adverse effects of acidic
        deposition on public health, natural resources, building
        structures, and ecosystems; and
            (B) acidic deposition has been demonstrated to result in
        increased morbidity in fish and severe damage to water bodies
        and forest lands;
            (2)(A) reducing atmospheric nitrogen oxide will provide
        further benefits by decreasing ambient levels of tropospheric
        ozone, fine particulate matter, and regional haze associated
        with poor visibility; and
            (B) such conditions have been demonstrated to result in
        severe threats to public health, including lung irritation,
        increased incidence of asthma and bronchitis, and increased
        human morbidity;
            (3)(A) nitrogen deposition into affected watersheds can
        result in excessive nutrient enrichment leading to algal blooms
        and increased biological oxygen demand; and
            (B) such conditions can lead to increased morbidity in
        marine life and severe degradation of economic and recreational
        opportunities;
            (4) additional reductions in sulfur dioxide beyond levels
        currently required by the Clean Air Act (42 U.S.C. 7401 et
        seq.) will result in decreases in acidic deposition, regional
        haze, and ambient levels of fine particulates;
            (5) the allowance trading program established in the Clean
        Air Act for the reduction of emissions of sulfur dioxide has
        been highly effective at creating cost-effective control
        measures;
            (6) the technology exists to inexpensively reduce sulfur
        dioxide emissions beyond the levels currently required by the
        Clean Air Act;
            (7) the ozone transport region established by the Clean Air
        Act to reduce long-range transport of ozone does not currently
        include all the States necessary to achieve the intended
        reduction; and
            (8) this Act shall support the Environmental Protection
        Agency's stated objective of controlling ground level ozone
        through regional controls, as developed by the Ozone Transport
        Assessment Group and referred to in the January 10, 1997,
        advanced notice of proposed rulemaking for State implementation
        plans under section 110(k)(5) of the Clean Air Act (42 U.S.C.
        7410(k)(5)).
    (b) Purposes.--The purposes of this Act are--
            (1) to recognize the scientific evidence that emissions of
        nitrogen oxide present a substantial threat to public health
        and the environment;
            (2) to require reductions in the emission of nitrogen
        oxide;
            (3) to recognize that the means exist to cost-effectively
        reduce emissions of sulfur dioxide beyond the levels currently
        required by the Clean Air Act;
            (4) to require reductions in the emission of sulfur
        dioxide;
            (5) to recognize that tropospheric ozone is a regional
        problem;
            (6) to recognize that the single ozone transport region
        created by the Clean Air Act does not currently include all the
        States necessary to adequately address the problem of ozone;
        and
            (7) to amend the Clean Air Act to expand the membership in
        the ozone transport region by using the best currently
        available science to include those States that contribute to
        ozone levels in noncompliance areas within the current single
        ozone transport region.

SEC. 3. CONTROL OF INTERSTATE OZONE AIR POLLUTION.

    (a) Additional States.--Section 184(a) of the Clean Air Act (42
U.S.C. 7511c(a)) is amended after the first sentence by inserting the
following: ``The Administrator, using the best available science and
models developed by the Ozone Transport Assessment Group, shall add any
State to the single ozone transport region that contributed 4 parts per
billion or more to ozone via aerial transport to the ozone level of any
noncompliant area in the single ozone transport region for any 1 of the
second through tenth worst ozone days that occurred during the previous
10 years.''.
    (b) Control Measures.--Not later than 18 months after the date of
enactment of this Act, any control measure adopted under section 184(a)
of the Clean Air Act (42 U.S.C. 7511c(a)) before the date of enactment
of this Act shall apply to any State added to the single ozone
transport region under the second sentence of section 184(a) of the
Clean Air Act (42 U.S.C. 7511c(a)) after the date of enactment of this
Act.

SEC. 4. ADDITIONAL NITROGEN OXIDE EMISSIONS REDUCTIONS.

    Section 184 of the Clean Air Act (42 U.S.C. 7511c) is amended by
adding at the end the following:
    ``(e) Additional Emissions Reductions.--
            ``(1) In general.--Not later than 18 months after the date
        of enactment of this subsection, the Administrator shall
        promulgate regulations requiring reductions in the emissions of
        nitrogen oxide and sulfur dioxide in any State added to the
        single ozone transport region under the second sentence of
        subsection (a) to \1/3\ of the 1990 levels by the year 2003.
            ``(2) Affected units.--The regulations shall apply to
        affected units, as defined under section 402.
            ``(3) Allowance program.--The Administrator may establish
        an allowance trading program to carry out this subsection.
            ``(4) Effect on other law.--This subsection shall not
        affect any law (including regulations) that requires a greater
        reduction in emissions of nitrogen oxide or sulfur dioxide than
        is required by this subsection.''.

Summary: Acid Deposition and Ozone Control Act of 1997 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to add to the single ozone transport region any State that contributed at least four parts per billion to ozone via aerial transport to the ozone level of any noncompliant area in the region for any one of the second through tenth worst ozone days that occurred during the previous ten years. Applies to any State so added, not later than 18 months after enactment of this Act, any control measure adopted under the ozone transport regions provisions. Requires the Administrator to promulgate regulations requiring nitrogen oxide and sulfur dioxide emissions reductions in any State added under this Act to one-third of 1990 levels by the year 2003.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Review Panel
Technical Amendments Act of 1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) A vibrant and growing small business sector is critical
        to creating jobs in a dynamic economy.
            (2) Small businesses bear a disproportionate share of
        regulatory costs and burdens.
            (3) Federal agencies must consider the impact of their
        regulations on small businesses early in the rulemaking
        process.
            (4) The Small Business Advocacy Review Panel process that
        was established by the Small Business Regulatory Enforcement
        Fairness Act of 1996 has been effective in allowing small
        businesses to participate in rules that are being developed by
        the Environmental Protection Agency and the Occupational Safety
        and Health Administration.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To provide a forum for the effective participation of
        small businesses in the Federal regulatory process.
            (2) To clarify and strengthen the Small Business Advocacy
        Review Panel process.
            (3) To expand the number of Federal agencies that are
        required to convene Small Business Advocacy Review Panels.

SEC. 3. ENSURING FULL ANALYSIS OF POTENTIAL IMPACTS ON SMALL ENTITIES
              OF RULES PROPOSED BY CERTAIN AGENCIES.

    Section 609(b) of title 5, United States Code, is amended to read
as follows:
    ``(b)(1) Before the publication of an initial regulatory
flexibility analysis that a covered agency is required to conduct under
this chapter, the head of the covered agency shall--
            ``(A) notify the Chief Counsel for Advocacy of the Small
        Business Administration (in this subsection referred to as the
        `Chief Counsel') in writing;
            ``(B) provide the Chief Counsel with information on the
        potential impacts of the proposed rule on small entities and
        the type of small entities that might be affected; and
            ``(C) not later than 30 days after complying with
        subparagraphs (A) and (B)--
                    ``(i) with the concurrence of the Chief Counsel,
                identify affected small entity representatives; and
                    ``(ii) transmit the information referred to in
                subparagraph (B) to the identified small entity
                representatives for the purposes of obtaining advice
                and recommendations about the potential impacts of the
                draft proposed rule.
    ``(2)(A) Not earlier than 30 days after the covered agency
transmits information pursuant to paragraph (1)(C)(ii), the head of the
covered agency shall convene a review panel for the draft proposed
rule. The panel shall consist solely of full-time Federal employees of
the office within the covered agency that will be responsible for
carrying out the proposed rule, the Office of Information and
Regulatory Affairs of the Office of Management and Budget, and the
Chief Counsel.
    ``(B) The review panel shall--
            ``(i) review any material the covered agency has prepared
        in connection with this chapter, including any draft proposed
        rule;
            ``(ii) collect advice and recommendations from the small
        entity representatives identified under paragraph (1)(C)(i) on
        issues related to paragraphs (3), (4), and (5) of section
        603(b) and section 603(c); and
            ``(iii) allow any small entity representative identified
        under paragraph (1)(C)(i) to make an oral presentation to the
        panel, if requested.
    ``(C) Not later than 60 days after the date a covered agency
convenes a review panel pursuant to this paragraph, the review panel
shall report to the head of the covered agency on--
            ``(i) the comments received from the small entity
        representatives identified under paragraph (1)(C)(i); and
            ``(ii) its findings regarding issues related to paragraphs
        (3), (4), and (5) of section 603(b) and section 603(c).
    ``(3) The head of the covered agency shall print in the Federal
Register the report of the review panel under paragraph (2)(C), by the
earlier of--
            ``(A) 120 days after the date the head of the covered
        agency receives the report; or
            ``(B) as part of the publication of the notice of proposed
        rulemaking for the proposed rule.
    ``(4) Where appropriate, the covered agency shall modify the draft
proposed rule, the initial regulatory flexibility analysis for the
draft proposed rule, or the decision on whether an initial regulatory
flexibility analysis is required for the draft proposed rule.''.

SEC. 4. DEFINITIONS.

    Section 609(d) of title 5, United States Code, is amended to read
as follows:
    ``(d) For the purposes of this section--
            ``(1) the term `covered agency' means the Environmental
        Protection Agency, the Occupational Safety and Health
        Administration of the Department of Labor, and the Internal
        Revenue Service of the Department of the Treasury; and
            ``(2) the term `small entity representative' means a small
        entity, or an individual or organization that represents a
        small entity.''.

SEC. 5. EFFECTIVE DATE.

    This Act shall take effect upon the expiration of the 90-day period
beginning on the date of the enactment of this Act.

Summary: Small Business Review Panel Technical Amendments Act of 1999 (sic) - Amends Federal provisions concerning the promulgation of Federal rules to allow representatives of small entities that may be affected to make an oral presentation to a review panel for a proposed rule. Requires the head of an agency covered by the rule to print the report of the review panel in the Federal Register within 120 days after receiving it or as part of the publication of the notice of proposed rulemaking.

To amend provisions of law enacted by the Small Business Regulatory Enforcement Fairness Act of 1996 to ensure full analysis of potential impacts on small entities of rules proposed by certain agencies, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Security and Enforcement Act
of 1997''.

SEC. 2. ESTABLISHMENT OF OFFICE.

    (a) In General.--There is established in the Department of Justice
an office to be known as the Office of Enforcement and Border Affairs.
    (b) Director.--The head of the Office of Enforcement and Border
Affairs shall be the Director of the Office of Enforcement and Border
Affairs, who--
            (1) shall be appointed by the President, by and with the
        advice and consent of the Senate; and
            (2) shall report directly to the Attorney General.
    (c) Compensation.--The Director shall be paid at the rate of basic
pay payable for level III of the Executive Schedule.
    (d) Functions.--The Director shall perform such functions as are
transferred to the Director by this Act or otherwise vested in the
Director by law.

SEC. 3. TRANSFER OF FUNCTIONS.

    There are transferred from the Commissioner of the Immigration and
Naturalization Service to the Director all functions performed under
the following programs, and all personnel, infrastructure, and funding
provided to the Commissioner in support of such programs immediately
before the effective date of this Act:
            (1) The Border Patrol program.
            (2) The detention and deportation program.
            (3) The intelligence program.
            (4) The investigations program.
            (5) The inspections program.

SEC. 4. REFERENCES.

    With respect to any function transferred by this Act and exercised
on or after the effective date of this Act, reference in any other
Federal law, Executive order, rule, regulation, or delegation of
authority, or any document of or pertaining to an office from which a
function is transferred by this Act--
            (1) to the head of such office is deemed to refer to the
        head of the office to which such function is transferred; or
            (2) to such office is deemed to refer to the office to
        which such function is transferred.

SEC. 5. EXERCISE OF AUTHORITIES.

    Except as otherwise provided by law, a Federal official to whom a
function is transferred by this Act may, for purposes of performing the
function, exercise all authorities under any other provision of law
that were available with respect to the performance of that function to
the official responsible for the performance of the function
immediately before the effective date of the transfer of the function
under this Act.

SEC. 6. SAVINGS PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
certificates, licenses, and privileges--
            (1) that have been issued, made, granted, or allowed to
        become effective by the President, the Attorney General, the
        Commissioner of the Immigration and Naturalization Service, the
        Assistant Commissioner for Border Patrol, the Assistant
        Commissioner for Detention and Deportation, the Assistant
        Commissioner for Intelligence, the Assistant Commissioner for
        Investigations, or any other Government official, or by a court
        of competent jurisdiction, in the performance of any function
        that is transferred by this Act; and
            (2) that are in effect on the effective date of such
        transfer (or become effective after such date pursuant to their
        terms as in effect on such effective date);
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, any other authorized official, a court of competent
jurisdiction, or operation of law.
    (b) Proceedings.--This Act shall not affect any proceedings or any
application for any benefits, service, license, permit, certificate, or
financial assistance pending on the date of the enactment of this Act
before an office whose functions are transferred by this Act, but such
proceedings and applications shall be continued. Orders shall be issued
in such proceedings, appeals shall be taken therefrom, and payments
shall be made pursuant to such orders, as if this Act had not been
enacted, and orders issued in any such proceeding shall continue in
effect until modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or by
operation of law. Nothing in this subsection shall be considered to
prohibit the discontinuance or modification of any such proceeding
under the same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this Act had not
been enacted.
    (c) Suits.--This Act shall not affect suits commenced before the
date of the enactment of this Act, and in all such suits, proceeding
shall be had, appeals taken, and judgments rendered in the same manner
and with the same effect as if this Act had not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Department of Justice or the Immigration
and Naturalization Service, or by or against any individual in the
official capacity of such individual as an officer or employee in
connection with a function transferred by this Act, shall abate by
reason of the enactment of this Act.
    (e) Continuance of Suits.--If any Government officer in the
official capacity of such officer is party to a suit with respect to a
function of the officer, and under this Act such function is
transferred to any other officer or office, then such suit shall be
continued with the other officer or the head of such other office, as
applicable, substituted or added as a party.
    (f) Administrative Procedure and Judicial Review.--Except as
otherwise provided by this Act, any statutory requirements relating to
notice, hearings, action upon the record, or administrative or judicial
review that apply to any function transferred by this Act shall apply
to the exercise of such function by the head of the office, and other
officers of the office, to which such function is transferred by this
Act.

SEC. 7. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.

    (a) In General.--The personnel of the Department of Justice
employed in connection with the functions transferred by this Act, and
the assets, liabilities, contracts, property, records, and unexpended
balance of appropriations, authorizations, allocations, and other
funds employed, held, used, arising from, available to, or to be made
available to the Immigration and Naturalization Service in connection
with the functions transferred by this Act, subject to section 202 of
the Budget and Accounting Procedures Act of 1950, shall be transferred
to the Office of Enforcement and Border Affairs for appropriate
allocation by the Director. Unexpended funds transferred pursuant to
this subsection shall be used only for the purposes for which the funds
were originally authorized and appropriated.
    (b) Effect on Personnel.--
            (1) In general.--The transfer under this Act of full-time
        personnel (except special Government employees) and part-time
        personnel holding permanent positions shall not cause any such
        employee to be separated or reduced in grade or compensation
        for 1 year after the date of transfer to the Office of
        Enforcement and Border Affairs.
            (2) Executive schedule.--Any person who, on the day
        preceding the effective date of this Act, held a position
        compensated in accordance with the Executive Schedule
        prescribed in chapter 53 of title 5, United States Code, and
        who, without a break in service, is appointed in the Office of
        Enforcement and Border Affairs to a position having duties
        comparable to the duties performed immediately preceding such
        appointment shall continue to be compensated in such new
        position at not less than the rate provided for such previous
        position, for the duration of the service of such person in
        such new position.

SEC. 8. DELEGATION AND ASSIGNMENT.

    Except as otherwise expressly prohibited by law or otherwise
provided in this Act, an official to whom functions are transferred
under this Act (including the head of any office to which functions are
transferred under this Act) may delegate any of the functions so
transferred to such officers and employees of the office of the
official as the official may designate, and may authorize successive
redelegations of such functions as may be necessary or appropriate. No
delegation of functions under this section or under any other provision
of this Act shall relieve the official to whom a function is
transferred under this Act of responsibility for the administration of
the function.

SEC. 9. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
              WITH RESPECT TO FUNCTIONS TRANSFERRED.

    (a) Determinations.--If necessary, the Director of the Office of
Management and Budget shall make any determination of the functions
that are transferred under this Act.
    (b) Incidental Transfers.--The Director of the Office of Management
and Budget, at such time or times as the Director shall provide, may
make such determinations as may be necessary with regard to the
functions transferred by this Act, and to make such additional
incidental dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds held,
used, arising from, available to, or to be made available in connection
with such functions, as may be necessary to carry out the provisions of
this Act. The Director shall provide for such further measures and
dispositions as may be necessary to effectuate the purposes of this
Act.

SEC. 10. DEFINITIONS.

    For purposes of this Act:
            (1) Except as otherwise provided, the term ``Director''
        means the Director of the Office of Enforcement and Border
        Affairs.
            (2) The term ``function'' includes any duty, obligation,
        power, authority, responsibility, right, privilege, activity,
        or program.
            (3) The term ``office'' includes any office,
        administration, agency, bureau, institute, council, unit,
        organizational entity, or component thereof.

SEC. 11. EFFECTIVE DATE.

    This Act shall take effect on October 1, 1999.

Summary: Border Security and Enforcement Act of 1997 - Establishes in the Department of Justice (DOJ) the Office of Enforcement and Border Affairs, to be headed by a Director. Transfers from the Commissioner of the Immigration and Naturalization Service (INS) to the Director all functions, personnel, infrastructure, and funding of the following programs: (1) the Border Patrol program, (2) the detention and deportation program, (3) the intelligence program, (4) the investigations program. And (5) the inspections program. Transfers DOJ personnel and assets, liabilities, contracts, property, records, and INS funds in connection with such functions to the Office, for allocation by the Director. Sets forth provisions regarding: (1) continuation of proceedings and suits and nonabatement of actions in connection with transferred functions. And (2) delegation and assignment and authority of the Director of the Office of Management and Budget regarding functions transferred.