short title

    Sec. 101. This Act may be cited as the ``Great Lakes Federal
Effectiveness Act''.

                      great lakes research council

    Sec. 102. (a) Establishment of Council.--There is established a
Great Lakes Research Council.
    (b) Duties of Council.--The Council shall--
            (1) advise and promote the coordination of Federal research
        activities to avoid unnecessary duplication and ensure greater
        effectiveness in achieving ecosystem protection of the Great
        Lakes through the goals of the Great Lakes Water Quality
        Agreement;
            (2) no later than one year after the date of enactment of
        this Act, prepare and provide to interested parties, a document
        which includes--
                    (A) an assessment of the research activities needed
                to fulfill the Great Lakes Water Quality Agreement
                goals;
                    (B) an assessment of existing Federal expertise and
                capabilities in those activities needed to fulfill the
                Great Lakes Water Quality Agreement goals, including an
                inventory of existing Federal Great Lakes research
                programs, projects, facilities, and personnel; and
                    (C) recommendations for long-term and short-term
                priorities for Federal research on the Great Lakes,
                based on a comparison of the assessment conducted under
                subparagraph (A) and existing programs;
            (3) identify topics for and participate in meetings,
        workshops, symposia, and conferences on Great Lakes research
        issues;
            (4) make recommendations for the uniform collection of data
        for enhancing research and management protocols relating to the
        Great Lakes ecosystem;
            (5) advise and cooperate in the establishment of a
        comprehensive, multi-media data base for the Great Lakes
        ecosystem; and
            (6) ensure that the results, findings, and information
        regarding Great Lakes research programs conducted or sponsored
        by the Federal Government be disseminated in a timely manner,
        and in useful forms, to interested persons, using as much as
        possible existing mechanisms, such as the Great Lakes Research
        Inventory prepared by the International Joint Commission.
    (c) Membership.--(1) The Council shall be comprised of one research
manager with extensive knowledge, scientific expertise, and experience
in the Great Lakes ecosystem for each of the following agencies--
            (A) the Environmental Protection Agency;
            (B) the National Oceanic and Atmospheric Administration;
            (C) the United States Coast Guard;
            (D) the United States Fish and Wildlife Service; and
            (E) any other relevant Federal department, agency or
        instrumentality, as determined by the Council membership.
    (2) Other persons who are not Federal employees may serve as ex
officio members of the Council, at the request of the Council
membership.
    (d) Chairperson.--The Chairperson of the Council shall be elected
by the members and shall serve for a period of two years. No member of
the Council may serve as Chairperson for more than two consecutive
terms.
    (e) Compensation.--While performing official duties as members of
the Council, members of the Council are entitled to receive
compensation for travel and transportation expenses under section 5703
of title 5, United States Code.
    (f) Interagency Cooperation.--The head of each department, agency,
or other instrumentality of the Federal Government which is a member of
the Council--
            (1) shall cooperate with the Council to implement the
        recommendations developed under subsection (b);
            (2) may, upon written request of the Chairperson of the
        Council, make available, on a reimbursable basis or otherwise,
        personnel, services, or facilities as may be necessary to
        assist the Council in achieving the purposes of this Act; and
            (3) shall, upon written request from the Chairperson,
        furnish data or information necessary to achieve the purposes
        of this Act.

                       international cooperation

    Sec. 103. (a) International Joint Commission.--The Council shall
invite the International Joint Commission to serve as Secretariat and
principal coordinating body for the Council.
    (b) Funding.--Agencies represented on the Council may reimburse
costs associated with activities authorized under this Act conducted by
the International Joint Commission.

                          effect on other laws

    Sec. 104. Nothing in this Act shall be construed to amend,
restrict, or otherwise alter the authority of any Federal department,
agency, or instrumentality, under any law, to undertake Great Lakes
research activities.

                              definitions

    Sec. 105. In this Act--
            (1) ``Council'' means the Great Lakes Research Council
        established under section 102 of this Act.
            (2) ``Great Lakes'' means--
                    (A) Lake Erie, Lake Huron, Lake Michigan, Lake
                Ontario, and Lake Superior;
                    (B) their connecting waters, including the St.
                Marys River; the St. Clair River, Lake St. Clair, the
                Detroit River, and the Niagara River; and
                    (C) the St. Lawrence River.
            (3) ``Great Lakes research'' means the application of
        scientific and/or engineering expertise to explain, understand,
        and predict physical, chemical, biological, and socioeconomic
        processes, and their interaction, in the Great Lakes ecosystem.
            (4) ``Great Lakes Water Quality Agreement'' means the
        bilateral agreement between the United States and Canada which
        was signed in 1978 and amended by the Protocol of 1987.

Summary: Great Lakes Federal Effectiveness Act - Establishes a Great Lakes Research Council to: (1) advise and promote the coordination of Federal research activities to avoid unnecessary duplication and ensure greater effectiveness in achieving ecosystem protection of the Great Lakes through the Great Lakes Water Quality Agreement. (2) prepare and provide to interested parties a document which includes an assessment of research activities needed to fulfill the goals of the Agreement and of existing Federal expertise in such activities and recommendations for research priorities. (3) identify topics for and participate in workshops and conferences on Great Lakes research issues. (4) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem. (5) advise and cooperate in the establishment of a multi-media data base for such ecosystem. And (6) ensure that findings and information regarding such research are disseminated in a timely manner.

A bill to coordinate and promote Great Lakes activities, and for other purposes.


SECTION 1. TEMPORARY EXTENSION OF AGRICULTURAL PROGRAMS.

    (a) Extension.--Except as otherwise provided in this section and
notwithstanding any other provision of law, the authorities provided by
each provision of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 1651) and each amendment made by that
Act (and for mandatory programs at such funding levels), as in effect
on September 30, 2013, pursuant to the extension and amendments made by
section 701 of the American Taxpayer Relief Act of 2012 (Public Law
112-240; 7 U.S.C. 8701 note), shall continue, and the Secretary of
Agriculture shall carry out the authorities, until January 31, 2014,
except as provided in subsection (b)(1) of such section 701.
    (b) Suspension of Permanent Price Support Authorities.--The
provisions of law specified in subsections (a) through (c) of section
1602 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8782)
shall be suspended until January 31, 2014.
    (c) Supplemental Agricultural Disaster Assistance.--Section 531 of
the Federal Crop Insurance Act (7 U.S.C. 1531), as amended by section
702 of the American Taxpayer Relief Act of 2012 (Public Law 112-240),
relating to the provision of supplemental agricultural disaster
assistance, shall apply through January 31, 2014.
    (d) Exceptions.--
            (1) Nutrition.--Subsection (a) does not apply with respect
        to mandatory funding provided by the program authorized by the
        provision of law amended by subsection (d)(2) of section 701 of
        the American Taxpayer Relief Act of 2012 (Public Law 112-240; 7
        U.S.C. 8701 note).
            (2) Conservation.--Subsection (a) does not apply with
        respect to the programs specified in paragraphs (3)(B), (4),
        (6), and (7) of section 1241(a) of the Food Security Act of
        1985 (16 U.S.C. 3841(a)), relating to the conservation
        stewardship program, farmland protection program, environmental
        quality incentives program, and wildlife habitat incentives
        program, for which program authority was extended through
        fiscal year 2014 by section 716 of Public Law 112-55 (125 Stat.
        582).
            (3) Trade.--Subsection (a) does not apply with respect to
        the following provisions of law:
                    (A) Section 3206 of the Food, Conservation, and
                Energy Act of 2008 (7 U.S.C. 1726c) relating to the use
                of Commodity Credit Corporation funds to support local
                and regional food aid procurement projects.
                    (B) Section 3107(l)(1) of the Farm Security and
                Rural Investment Act of 2002 (7 U.S.C. 1736o-1(l)(1))
                relating to the use of Commodity Credit Corporation
                funds to carry out the McGovern-Dole International Food
                for Education and Child Nutrition Program.
            (4) Survey of foods purchased by school food authorities.--
        Subsection (a) does not apply with respect to section 4307 of
        the Food, Conservation, and Energy Act of 2008 (Public Law 110-
        246; 122 Stat. 1893) relating to the use of Commodity Credit
        Corporation funds for a survey and report regarding foods
        purchased by school food authorities.
            (5) Rural development.--Subsection (a) does not apply with
        respect to the following provisions of law:
                    (A) Section 379E(d)(1) of the Consolidated Farm and
                Rural Development Act (7 U.S.C. 2008s(d)(1)), relating
                to funding of the rural microentrepreneur assistance
                program.
                    (B) Section 6029 of the Food, Conservation, and
                Energy Act of 2008 (Public Law 110-246; 122 Stat. 1955)
                relating to funding of pending rural development loan
                and grant applications.
                    (C) Section 231(b)(7)(A) of the Agricultural Risk
                Protection Act of 2000 (7 U.S.C. 1632a(b)(7)(A)),
                relating to funding of value-added agricultural market
                development program grants.
                    (D) Section 375(e)(6)(B) of the Consolidated Farm
                and Rural Development Act (7 U.S.C. 2008j(e)(6)(B))
                relating to the use of Commodity Credit Corporation
                funds for the National Sheep Industry Improvement
                Center.
            (6) Market loss assistance for asparagus producers.--
        Subsection (a) does not apply with respect to section 10404(d)
        of the Food, Conservation, and Energy Act of 2008 (Public Law
        110-246; 122 Stat. 2112).
            (7) Supplemental agricultural disaster assistance.--
        Subsection (a) does not apply with respect to section 531 of
        the Federal Crop Insurance Act (7 U.S.C. 1531) and title IX of
        the Trade Act of 1974 (19 U.S.C. 2497 et seq.) relating to the
        provision of supplemental agricultural disaster assistance.
            (8) Pigford claims.--Subsection (a) does not apply with
        respect to section 14012 of the Food, Conservation, and Energy
        Act of 2008 (Public Law 110-246; 122 Stat. 2209) relating to
        determination on the merits of Pigford claims.
            (9) Heartland, habitat, harvest, and horticulture act of
        2008.--Subsection (a) does not apply with respect to title XV
        of the Food, Conservation, and Energy Act of 2008 (Public Law
        110-246; 122 Stat. 2246), and amendments made by that title,
        relating to the provision of supplemental agricultural disaster
        assistance under title IX of the Trade Act of 1974 (19 U.S.C.
        2497 et seq.), certain revenue and tax provisions, and certain
        trade benefits and other matters.
    (e) Effective Date.--This section takes effect as of September 30,
2013.

            Passed the House of Representatives December 12, 2013.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Extends until January 31, 2014: (1) specified agricultural programs under the Food, Conservation, and Energy Act of 2008, (2) suspension of permanent price support authorities, and (3) supplemental agricultural disaster assistance. Exempts from such extensions: (1) mandatory funding for nutrition education. (2) the conservation stewardship program, the farmland protection program, the environmental quality incentives program, and the wildlife habitat incentives program. (3) Commodity Credit Corporation funding for local and regional food aid procurement projects, the McGovern-Dole International Food for Education and Child Nutrition Program, and a survey of foods purchased by school food authorities. (4) rural development programs for micro entrepreneur assistance, pending rural development loans and grants, value-added agricultural market development grants, and the National Sheep Industry Improvement Center, (5) market loss assistance for asparagus producers, (6) supplemental agricultural disaster assistance, (7) Pigford claims determinations. And (8) specified requirements of the Heartland, Habitat, Harvest, and Horticulture Act of 2008 relating to supplemental agricultural disaster assistance, revenue and tax, and trade. Backdates the effective date of this Act to September 30, 2013.

To provide a temporary extension of the Food, Conservation, and Energy Act of 2008 and amendments made by that Act, as previously extended and amended and with certain additional modifications and exceptions, to suspend permanent price support authorities, and for other purposes.


SECTION 1. ALLOCATION OF NATIONAL LIMITATION ON QUALIFIED SCHOOL
              CONSTRUCTION BONDS; APPLICATION OF DAVIS-BACON ACT TO
              PROJECTS FINANCED WITH BONDS.

    (a) In General.--Title XII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended--
            (1) by redesignating sections 12004 through 12013 as
        sections 12101 through 12110, respectively;
            (2) by inserting before section 12101 (as so redesignated)
        the following:

  ``PART A--GRANTS FOR IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY
                        EDUCATION FACILITIES'';

        and
            (3) by adding at the end the following:

             ``PART B--QUALIFIED SCHOOL CONSTRUCTION BONDS

``SEC. 12201. ALLOCATION WITH RESPECT TO QUALIFIED SCHOOL CONSTRUCTION
              BONDS.

    ``(a) Qualified School Construction Bond.--
            ``(1) In general.--For purposes of this part, the term
        `qualified school construction bond' means any bond issued as
        part of an issue if--
                    ``(A) a taxpayer who holds the bond is allowed a
                credit under the Internal Revenue Code of 1986;
                    ``(B) 95 percent or more of the proceeds of such
                issue are to be used for the construction,
                rehabilitation, or repair of a public school facility;
                    ``(C) the bond is issued by a State or local
                government within the jurisdiction of which such school
                is located; and
                    ``(D) the issuer designates such bond for purposes
                of this section and the Internal Revenue Code of 1986.
            ``(2) Temporary period exception.--A bond shall not be
        treated as failing to meet the requirement of paragraph (1)(B)
        solely by reason of the fact that the proceeds of the issue of
        which such bond is a part are invested for a reasonable
        temporary period (but not more than 36 months) until such
        proceeds are needed for the purpose for which such issue was
        issued. Any earnings on such proceeds during such period shall
        be treated as proceeds of the issue for purposes of applying
        paragraph (1)(B).
    ``(b) National Limitation on Amount of Bonds Designated.--In any
case in which there is imposed a national limitation on the maximum
aggregate face amount of bonds issued during any calendar year which
may be designated as qualified school construction bonds, such
limitation shall be allocated in accordance with this section.
    ``(c) One-Third of Limitation Allocated Among States.--
            ``(1) In general.--One-third of the limitation applicable
        under subsection (b) for any calendar year shall be allocated
        among the States under paragraph (2) by the Secretary. The
        limitation amount allocated to a State under the preceding
        sentence shall be allocated by the State educational agency to
        issuers within such State and such allocations may be made only
        if there is an approved State application.
            ``(2) Allocation formula.--The amount to be allocated under
        paragraph (1) for any calendar year shall be allocated among
        the States in proportion to the respective amounts each such
        State received for Basic Grants under subpart 2 of part A of
        title I of this Act for the most recent fiscal year ending
        before such calendar year. For purposes of the preceding
        sentence, Basic Grants attributable to large local educational
        agencies (as defined in subsection (d)), and Basic Grants
        attributable to high-growth local educational agencies (as
        defined in subsection (e)), shall be disregarded.
            ``(3) Minimum allocations to states.--
                    ``(A) In general.--The Secretary shall adjust the
                allocations under this subsection for any calendar year
                for each State to the extent necessary to ensure that
                the sum of--
                            ``(i) the amount allocated to such State
                        under this subsection for such year; and
                            ``(ii) the aggregate amounts allocated
                        under subsections (d) and (e) to local
                        educational agencies in such State for such
                        year;
                is not less than an amount equal to such State's
                minimum percentage of one-third of the national
                qualified school construction bond limitation referred
                to in subsection (b) for the calendar year.
                    ``(B) Minimum percentage.--A State's minimum
                percentage for any calendar year is the minimum
                percentage described in section 1124(d) for such State
                for the most recent fiscal year ending before such
                calendar year.
            ``(4) Allocations to certain possessions.--The amount to be
        allocated under paragraph (1) to any possession of the United
        States (as such term is used in the Internal Revenue Code of
        1986) other than Puerto Rico shall be the amount which would
        have been allocated if all allocations under paragraph (1) were
        made on the basis of respective populations of individuals
        below the poverty line (as defined by the Office of Management
        and Budget). In making other allocations, the amount to be
        allocated under paragraph (1) shall be reduced by the aggregate
        amount allocated under this paragraph to possessions of the
        United States.
            ``(5) Approved state application.--For purposes of
        paragraph (1), the term `approved State application' means an
        application which is approved by the Secretary and which
        includes--
                    ``(A) the results of a recent publicly available
                survey (undertaken by the State with the involvement of
                local education officials, members of the public, and
                experts in school construction and management) of such
                State's needs for public school facilities, including
                descriptions of--
                            ``(i) health and safety problems at such
                        facilities;
                            ``(ii) the capacity of public schools in
                        the State to house projected enrollments; and
                            ``(iii) the extent to which the public
                        schools in the State offer the physical
                        infrastructure needed to provide a high-quality
                        education to all students; and
                    ``(B) a description of how the State will allocate
                to local educational agencies, or otherwise use, its
                allocation under this subsection to address the needs
                identified under subparagraph (A), including a
                description of how it will--
                            ``(i) give highest priority to localities
                        with the greatest needs, as demonstrated by
                        inadequate school facilities coupled with a low
                        level of resources to meet those needs;
                            ``(ii) use its allocation under this
                        subsection to assist localities that lack the
                        fiscal capacity to issue bonds on their own;
                        and
                            ``(iii) ensure that its allocation under
                        this subsection is used only to supplement, and
                        not supplant, the amount of school
                        construction, rehabilitation, and repair in the
                        State that would have occurred in the absence
                        of such allocation.
        Any allocation under paragraph (1) by a State education agency
        shall be binding if such agency reasonably determined that the
        allocation was in accordance with the plan approved under this
        paragraph.
    ``(d) One-Third of Limitation Allocated Among Largest School
Districts.--
            ``(1) In general.--One-third of the limitation applicable
        under subsection (b) for any calendar year shall be allocated
        under paragraph (2) by the Secretary among local educational
        agencies which are large local educational agencies for such
        year. No qualified school construction bond may be issued by
        reason of an allocation to a large local educational agency
        under the preceding sentence unless such agency has an approved
        local application.
            ``(2) Allocation formula.--The amount to be allocated under
        paragraph (1) for any calendar year shall be allocated among
large local educational agencies in proportion to the respective
amounts each such agency received for Basic Grants under subpart 2 of
part A of title I of this Act for the most recent fiscal year ending
before such calendar year.
            ``(3) Large local educational agency.--For purposes of this
        section, the term `large local educational agency' means, with
        respect to a calendar year, any local educational agency (other
        than a high-growth local educational agency, as defined in
        subsection (e)) if such agency is--
                    ``(A) among the 100 local educational agencies with
                the largest numbers of children aged 5 through 17 from
                families living below the poverty level, as determined
                by the Secretary using the most recent data available
                from the Department of Commerce that are satisfactory
                to the Secretary; or
                    ``(B) 1 of not more than 25 local educational
                agencies (other than those described in clause (i))
                that the Secretary determines (based on the most recent
                data available satisfactory to the Secretary) are in
                particular need of assistance, based on a low level of
                resources for school construction, a high level of
                enrollment growth, or such other factors as the
                Secretary deems appropriate.
            ``(4) Approved local application.--For purposes of
        paragraph (1), the term `approved local application' means an
        application which is approved by the Secretary and which
        includes--
                    ``(A) the results of a recent publicly-available
                survey (undertaken by the local educational agency with
                the involvement of school officials, members of the
                public, and experts in school construction and
                management) of such agency's needs for public school
                facilities, including descriptions of--
                            ``(i) the overall condition of the local
                        educational agency's school facilities,
                        including health and safety problems;
                            ``(ii) the capacity of the agency's schools
                        to house projected enrollments; and
                            ``(iii) the extent to which the agency's
                        schools offer the physical infrastructure
                        needed to provide a high-quality education to
                        all students;
                    ``(B) a description of how the local educational
                agency will use its allocation under this subsection to
                address the needs identified under subparagraph (A);
                and
                    ``(C) a description of how the local educational
                agency will ensure that its allocation under this
                subsection is used only to supplement, and not
                supplant, the amount of school construction,
                rehabilitation, or repair in the locality that would
                have occurred in the absence of such allocation.
        A rule similar to the rule of the last sentence of subsection
        (c)(5) shall apply for purposes of this subsection.
    ``(e) One-Third of Limitation Allocated Among High-Growth School
Districts.--
            ``(1) In general.--One-third of the limitation applicable
        under subsection (b) for any calendar year shall be allocated
        under paragraph (2) by the Secretary among local educational
        agencies which are high-growth local educational agencies for
        such year. No qualified school construction bond may be issued
        by reason of an allocation to a high-growth local educational
        agency under the preceding sentence unless such agency has an
        approved local application (as defined in subsection (d)(4)). A
        rule similar to the rule of the last sentence of subsection
        (c)(5) shall apply for purposes of this subsection.
            ``(2) Allocation formula.--The amount to be allocated under
        paragraph (1) for any calendar year shall be allocated among
        high-growth local educational agencies in proportion to the
        respective amounts each such agency received for Basic Grants
        under subpart 2 of part A of title I of this Act for the most
        recent fiscal year ending before such calendar year.
            ``(3) High-growth local educational agency.--For purposes
        of this section, the term `high-growth local educational
        agency' means, with respect to a calendar year, any local
        educational agency if--
                    ``(A) there has been at least a 7.5 percent
                increase in such agency's enrollment during the 5-year
                period ending with the preceding calendar year; and
                    ``(B) such enrollment increase exceeds 150
                students.
    ``(f) Carryover of Unused Limitation.--If for any calendar year--
            ``(1) the amount allocated under subsection (c) to any
        State; exceeds
            ``(2) the amount of bonds issued during such year which are
        designated as qualified school construction bonds pursuant to
        such allocation;
the limitation amount under such subsection for such State for the
following calendar year shall be increased by the amount of such
excess. A similar rule shall apply to the amounts allocated under
subsections (d) and (e).
    ``(g) Other Definitions.--For purposes of this section:
            ``(1) Local educational agency.--The term `local
        educational agency' has the meaning given to such term by
        section 14101. Such term includes the local educational agency
        that serves the District of Columbia but does not include any
        other State agency.
            ``(2) Bond.--The term `bond' includes any obligation.
            ``(3) Public school facility.--The term `public school
        facility' shall not include any stadium or other facility
        primarily used for athletic contests or exhibitions or other
        events for which admission is charged to the general public.

``SEC. 12202. APPLICATION OF DAVIS-BACON ACT TO PROJECTS FINANCED WITH
              QUALIFIED SCHOOL CONSTRUCTION BONDS.

    ``The wage requirements of the Act of March 3, 1931 (40 U.S.C. 276a
et seq.) (commonly referred to as the `Davis-Bacon Act') shall apply
with respect to individuals employed on school construction,
rehabilitation, or repair projects financed with the proceeds from an
issuance of qualified school construction bonds.''.
    (b) Conforming Amendments.--Title XII of such Act is amended--
            (1) in sections 12101 through 12110 (as so redesignated),
        by striking ``this title'' each place it appears and inserting
        ``this part'';
            (2) in section 12101(a)(1) (as so redesignated)--
                    (A) by striking ``section 12013'' and inserting
                ``section 12110'';
                    (B) by striking ``section 12005'' and inserting
                ``section 12102''; and
                    (C) by striking ``section 12007'' and inserting
                ``section 12104'';
            (3) in section 12101(a)(2) (as so redesignated), by
        striking ``section 12013'' and inserting ``section 12110''; and
            (4) in section 12109(3)(C) (as so redesignated), by
        striking ``section 12006'' and inserting ``section 12103''.

Summary: Amends the Elementary and Secondary Education Act of 1965 to provide for the allocation of any limitation imposed on school construction bonds with respect to which the holders are allowed a credit under the Internal Revenue Code. Applies the wage requirements of the Davis-Bacon Act to projects financed with such bonds.

To amend the Elementary and Secondary Education Act of 1965 to provide for the allocation of any limitation imposed on school construction bonds with respect to which the holders are allowed a credit under the Internal Revenue Code of 1986, and to apply the wage requirements of the Davis-Bacon Act to projects financed with such bonds.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Elections Act of 1993''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress makes the following findings:
            (1) Voting participation in the United States is lower than
        in any other advanced industrialized democracy.
            (2) The rights of eligible citizens to seek election to
        office, vote for candidates of their choice and associate for
        the purpose of taking part in elections, including the right to
        create and develop new political parties, are fundamental in a
        democracy. The rights of citizens to participate in the
        election process, provided in and derived from the first and
        fourteenth amendments to the Constitution, having consistently
        been promoted and protected by the Federal Government. These
        rights include the right to cast an effective vote and the
        right to associate for the advancement of political beliefs,
        which includes the ``constitutional right . . . to create and
        develop new political parties.'' Norman v. Reed, 502
        U.S.______, 112 S.Ct. 699 (1992). It is the duty of the Federal
        Government to see that these rights are not impaired in
        elections for Federal office.
            (3) Certain restrictions on access to the ballot impair the
        ability of citizens to exercise these rights and have a direct
        and damaging effect on citizens' participation in the electoral
        process.
            (4) Many States unduly restrict access to the ballot by
        nonmajor party candidates and nonmajor political parties by
        means of such devices as excessive petition signature
        requirements, insufficient petitioning periods,
        unconstitutionally early petition filing deadlines, petition
        signature distribution criteria, discriminatory petition
        signature fees, and limitations on eligibility to circulate and
        sign petitions.
            (5) Many States require political parties to poll an unduly
        high number of votes or to register an unduly high number of
        voters as a precondition for remaining on the ballot.
            (6) In 1983, the Supreme Court ruled unconstitutional an
        Ohio law requiring a nonmajor party candidate for President to
        qualify for the general election ballot earlier than major
        party candidates. This Supreme Court decision, Anderson v.
        Celebrezze, 460 U.S. 780 (1983) has been followed by many lower
        courts in challenges by nonmajor parties and candidates to
        early petition filing deadlines. See, e.g., Stoddard v. Quinn,
        593 F. Supp. 300 (D.Me. 1984); Cripps v. Seneca County Board of
        Elections, 629 F. Supp. 1335 (N.D.Oh. 1985); Libertarian Party
        of Nevada v. Swackhamer, 638 F. Supp. 565 (D. Nev. 1986);
        Cromer v. State of South Carolina, 917 F.2d 819 (4th Cir.
        1990); New Alliance Party of Alabama v. Hand, 933 F. 2d 1568
        (11th Cir. 1991).
            (7) In 1992, 26 States still required nonmajor party
        candidates for President to qualify for the ballot before the
        second major party national convention (California, Colorado,
        Connecticut, Delaware, Florida, Georgia, Illinois, Indiana,
        Kansas, Maine, Maryland, Michigan, Missouri, Montana, North
        Carolina, Nevada, New Hampshire, New Jersey, Oklahoma,
        Pennsylvania, South Carolina, South Dakota, Texas, Washington,
        West Virginia). Nine of these States required nonmajor party
        candidates to qualify before the first major party national
        convention (Florida, Georgia, Indiana, Maine, Michigan, Nevada,
        North Carolina, Oklahoma, Texas).
            (8) In 1992, nonmajor party candidates for President had to
        obtain 806,401 petition signatures to be listed on the ballots
        of all 50 States and the District of Columbia--32 times more
        signatures than the 25,500 required of Democratic Party
        candidates and 15 times more signatures than the 54,250
        required of Republican Party candidates. To be listed on the
        ballot in all 50 States and the District of Columbia with a
        party label, nonmajor party candidates for President had to
        obtain approximately 649,092 petition signatures and 79,136
        registrants. In 1992, 32 of the 41 States that held
        Presidential primaries required no signatures of major party
        candidates for President (Arkansas, California, Colorado,
        Connecticut, Florida, Georgia, Idaho, Kansas, Kentucky,
        Louisiana, Maryland, Massachusetts, Michigan, Minnesota,
        Mississippi, Missouri, Nebraska, New Hampshire, New Mexico,
        North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island,
        South Carolina, South Dakota, Tennessee, Texas, Virginia,
        Washington, West Virginia, Wisconsin). Only two States required
        no signatures of nonmajor party candidates for President
        (Arkansas and Louisiana; Louisiana, however, requires a $500
        filing fee).
            (9) The number of petition signatures required by the
        States to list a major party candidate for Senate on the ballot
        in 1992 ranged from zero to 15,111. The number of petition
        signatures required to list a nonmajor party candidate for
        Senate ranged from zero to 180,935. Thirty-one States required
        no signatures of major party candidates for Senate (Alabama,
        Alaska, Arkansas, Colorado, Connecticut, Delaware, Florida,
        Georgia, Hawaii, Kansas, Kentucky, Louisiana, Maryland,
        Massachusetts, Minnesota, Mississippi, Missouri, Montana,
        Nebraska, Nevada, New Hampshire, North Carolina, North Dakota,
        Oklahoma, Oregon, South Carolina, Texas, Utah, Washington, West
        Virginia, Wyoming). Only one State required no signatures of
        nonmajor party candidates for Senate, provided they were
        willing to be listed on the ballot without a party label
        (Louisiana, although a $600 filing fee is required, and to run
        with a party label, a candidate must register 106,146 voters
        into his or her party).
            (10) The number of petition signatures required by the
        States to list a major party candidate for Congress on the
        ballot in 1992 ranged from zero to 2,000. The number of
        petition signatures required to list a nonmajor party candidate
        for Congress ranged from zero to 12,252. Thirty-one States
        required no signatures of major party candidates for Congress
        (Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware,
        Florida, Georgia, Hawaii, Kansas, Kentucky, Louisiana,
        Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska,
        Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma,
        Oregon, South Carolina, Texas, Utah, Washington, West Virginia,
        Wyoming). Only one State required no signatures of nonmajor
        party candidates for Congress, provided they were willing to be
        listed on the ballot without a party label (Louisiana, although
        a $600 filing fee is required).
            (11) Eight States required additional signatures to list a
        nonmajor party candidate for President on the ballot with a
        party label (Alabama, Arizona, Idaho, Kansas, Nebraska, North
        Dakota, Ohio, Tennessee). Thirteen States required additional
        signatures to list a nonmajor party candidate for Senate or
        Congress on the ballot with a party label (Alabama, Arizona,
        Arkansas, California, Idaho, Hawaii, Kansas, Louisiana, North
        Dakota, Nebraska, Ohio, Oregon, Tennessee). Two of these States
        (Ohio and Tennessee, respectively) required 5,000 signatures
        and 25 signatures, respectively, to list a nonmajor party
        candidate for President or Senate on the ballot in 1992, but
        required 34,777 signatures and 19,759 signatures, respectively,
        to list the candidate on the ballot with her or his party
        label. One State (California) required a nonmajor party to have
        78,992 registrants in order to have its candidate for President
        listed on the ballot with a party label.
            (12) In 1992 one State (Arizona) required nonmajor party
        candidates for President or Senate to obtain 10,555 signatures
        in 10 days, but allowed major party candidates for Senate 45
        days to obtain approximately half that number of signatures,
        and required no signatures of major party candidates for
        President. Another State (California) required nonmajor party
        candidates for President or Senate to obtain 134,781 signatures
        in 105 days, but required major party candidates for Senate to
        obtain only 65 signatures in 105 days, and required no
        signatures of major party candidates for President. Another
        State (Texas) required nonmajor party candidates for President
        or Senate to obtain 38,900 signatures in 75 days, and required
        no signatures of major party candidates for President or
        Senate.
            (13) Two States required all nonmajor party candidates to
        pay fees of ten and five cents per petition signature, while
        requiring no fees or signatures of major party candidates
        (Florida and North Carolina, respectively).
            (14) Seven States require nonmajor party candidates for
        President or Senate to collect a certain number or percentage
        of their petition signatures in each congressional district or
        in a specified number of congressional districts (Michigan,
        Missouri, Nebraska, New Hampshire, New York, North Carolina,
        Virginia). Only three of these States impose a like requirement
        on major party candidates for President or Senate (Michigan,
        New York, Virginia).
            (15) Twenty States restrict the circulation of petitions
        for nonmajor party candidates to residents of those States
        (California, Colorado, Connecticut, District of Columbia,
        Idaho, Illinois, Kansas, Michigan, Missouri, Nebraska, Nevada,
        New Jersey, New York, Ohio, Pennsylvania, South Dakota, Texas,
        Virginia, West Virginia, Wisconsin). Three States restrict the
        circulation of petitions for nonmajor party candidates to the
        county or congressional district where the circulator lives
        (Kansas, Nebraska, Virginia).
            (16) Four States prohibit people who voted in a primary
        election from signing petitions for nonmajor party candidates
        (Nebraska, New York, Texas, West Virginia). Twelve States
        restrict the signing of petitions to people who indicate intent
        to support or vote for the candidate or party (California,
        Delaware, Hawaii, Illinois, Indiana, Maryland, New Jersey, New
        York, North Carolina, Ohio, Oregon, Utah). Five of these 12
        States require no petitions of major party candidates
        (Delaware, Maryland, North Carolina, Oregon, Utah), and only
        one of the six remaining States restricts the signing of
        petitions for major party candidates to people who indicate
        intent to support or vote for the candidate or party (New
        Jersey).
            (17) Restrictions on the ability of citizens to exercise
        the rights identified in this subsection have
        disproportionately impaired participation in the electoral
        process by various groups, including racial minorities.
            (18) The establishment of fair and uniform national
        standards for access to the ballot in elections for Federal
        office would remove barriers to the participation of citizens
        in the electoral process and thereby facilitate such
        participation and maximize the rights identified in this
        subsection.
            (19) The Congress has authority, under the provisions of
        the Constitution of the United States in sections 4 and 8 of
        article I, section 1 of article II, article VI, the thirteenth,
        fourteenth, and fifteenth amendments, and other provisions of
        the Constitution of the United States, to protect and promote
        the exercise of the rights identified in this subsection.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish fair and uniform standards regulating
        access to the ballot by eligible citizens who desire to seek
        election to Federal office and political parties, bodies, and
        groups which desire to take part in elections for Federal
        office; and
            (2) to maximize the participation of eligible citizens in
        elections for Federal office.

SEC. 3. BALLOT ACCESS RIGHTS.

    (a) An individual shall have the right to be placed as a candidate
on, or to have such individual's political party, body, or group
affiliation in connection with such candidacy placed on, a ballot or
similar voting materials to be used in a Federal election, if such
individual presents a petition stating in substance that the
signatories desire such individual's name and political party, body or
group affiliation, if any, to be placed on the ballot or other similar
voting materials to be used in the Federal election with respect to
which such rights are to be exercised, and
            (1) with respect to a Federal election for the office of
        President, Vice President, or Senator, such petition has a
        number of signatures of persons qualified to vote for such
        office equal to one-tenth of one percent of the number of
        persons who voted in the most recent previous Federal election
        for such office in the State, or 1,000 signatures, whichever is
        greater;
            (2) with respect to a Federal election for the office of
        Representative in, or Delegate or Resident Commissioner to, the
        Congress, such petition has a number of signatures of persons
        qualified to vote for such office equal to one-half of one
        percent of the number of persons who voted in the most recent
        previous Federal election for such office, or, if there was no
        previous Federal election for such office, 1,000 signatures;
            (3) with respect to a Federal election the date of which
        was fixed 345 or more days in advance, such petition was
        circulated during a period beginning on the 345th day and
        ending on the 75th day before the date of the election;
            (4) with respect to a Federal election the date of which
        was fixed less than 345 days in advance, such petition was
        circulated during a period established by the State holding the
        election, or, if no such period was established, during a
        period beginning on the day after the date the election was
        scheduled and ending on the tenth day before the date of the
        election, provided, however, that the number of signatures
        required under paragraph (1) or (2) shall be reduced by \1/
        270\th for each day less than 270 in such period.
    (b) An individual shall have the right to be placed as a candidate
on, or to have such individual's political party, body, or group
affiliation in connection with such candidacy placed on, a ballot or
similar voting materials to be used in a Federal election, without
having to satisfy any requirement relating to a petition under
subsection (a), if that or another individual, as a candidate of that
political party, body, or group, received one percent of the votes cast
in the most recent general Federal election for President or Senator in
that State.

SEC. 4. RULEMAKING.

    The Attorney General shall make rules to carry out this Act.

SEC. 5. GENERAL DEFINITIONS.

    As used in this Act--
            (1) the term ``Federal election'' means a general or
        special election for the office of--
                    (A) President or Vice President;
                    (B) Senator; or
                    (C) Representative in, or Delegate or Resident
                Commissioner to, the Congress;
            (2) the term ``State'' means a State of the United States,
        the District of Columbia, the Commonwealth of Puerto Rico, and
        any other territory or possession of the United States; and
            (3) the term ``individual'' means an individual who has the
        qualifications required by law of a person who holds the office
        for which such individual seeks to be a candidate.

Summary: Fair Elections Act of 1993 - Sets forth ballot access rights for Federal elections.

Fair Elections Act of 1993


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recycled Roads Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) in 2000, there were more than 3,951,000 miles of
        highways in the United States;
            (2) in the early 1990s, as much as 350,000,000 tons of raw
        and recyclable material were used annually for highway
        construction, rehabilitation, and maintenance;
            (3) in 2002, the Federal Government provided
        $26,348,000,000, or more than 34 percent of funding, for
        highways in the United States;
            (4) at least 45 States recycle a total of 73,000,000 tons
        of reclaimed asphalt pavement annually, the use of which
        results in an annual savings of approximately $300,000,000 as
        compared with the cost of using raw material;
            (5) in 2002, the Federal Highway Administration issued a
        policy encouraging States to use recycled material in highway
        construction because recycling and reuse can offer engineering,
        economic, and environmental benefits;
            (6) greater incorporation of recyclable material in highway
        construction would--
                    (A) provide a significant new national market for
                the use of recyclable material;
                    (B) create new markets and incentives for recycling
                in small communities;
                    (C) conserve raw material; and
                    (D) reduce the quantities of waste deposited in
                landfills in the United States (which would produce an
                additional savings for the Federal Government and State
                governments); and
            (7) the increased use of recyclable material in highway
        construction could--
                    (A) provide additional opportunities for rural
                economic development; and
                    (B) encourage expanded use of biomass products.

SEC. 3. USE OF RECYCLABLE MATERIAL IN FEDERAL-AID HIGHWAY CONSTRUCTION.

    (a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is amended by inserting after section 138 the following:
``Sec. 139. Use of recyclable material in Federal-aid highway
              construction
    ``(a) Definition of Recyclable Material.--In this section:
            ``(1) In general.--The term `recyclable material' means any
        material described in paragraph (2) that is determined by the
        Secretary, in consultation with the Administrator of the
        Environmental Protection Agency--
                    ``(A) to be recyclable and usable in construction
                of a Federal-aid highway; and
                    ``(B) to have undergone a recycling process to
                prepare the material for further use.
            ``(2) Materials.--The materials referred to in paragraph
        (1) are--
                    ``(A) glass;
                    ``(B) forest biomass;
                    ``(C) a used tire or tire product;
                    ``(D) reclaimed asphalt;
                    ``(E) plastic; and
                    ``(F) any other suitable material that does not
                contain a total concentration of any toxic constituent
                that poses a risk to human health or the environment--
                            ``(i) during preconstruction activity,
                        including storage, transportation, or
                        preparation of the material for use in road
                        construction;
                            ``(ii) during the useful life of the road;
                        or
                            ``(iii) after the useful life of the road,
                        including subsequent recycling, reuse, or
                        disposal of components of or debris from the
                        road.
    ``(b) Program.--
            ``(1) Establishment.--The Secretary shall establish a
        recycled roads incentive grant program to encourage the
        expanded use by States and Indian tribes of a diverse range of
        recyclable material in the construction of Federal-aid
        highways.
            ``(2) Grants.--In carrying out this section, the Secretary
        shall provide to each State or qualified (as determined by the
        Secretary) Indian tribe--
                    ``(A) a grant, in an amount not to exceed $125,000
                for a fiscal year, to be used by the State or Indian
                tribe in employing a coordinator to promote the use of
                a diverse range of recyclable material in Federal-aid
                highway construction; and
                    ``(B) a grant, on a competitive basis, in an amount
                not to exceed $1,400,000 for a fiscal year, to be used
                by the State or Indian tribe in carrying out projects
                and activities to promote the expanded use of a diverse
                range of recyclable material in Federal-aid highway
                construction and maintenance, such as projects and
                activities to--
                            ``(i) eliminate economic barriers;
                            ``(ii) develop markets;
                            ``(iii) provide outreach, training, or
                        technical assistance; or
                            ``(iv) collect program and performance
                        data.
            ``(3) Administration.--
                    ``(A) Redistribution of funds.--If funds made
                available for use in providing grants under
                subparagraph (A) or (B) of paragraph (2) for a fiscal
                year remain after the Secretary has provided grants
                under the subparagraph for the fiscal year, the
                Secretary--
                            ``(i) may use the remaining funds to
                        provide additional grants under that paragraph
                        for the fiscal year; but
                            ``(ii) notwithstanding any other provision
                        of this title, shall not use the funds to
                        provide grants or assistance under any other
                        program under this title.
                    ``(B) Transportation and environmental
                cooperation.--In providing a grant to a State or Indian
                tribe under paragraph (2)(B), the Secretary shall
                encourage cooperation between transportation and
                environmental programs carried out by the State or
                Indian tribe.
                    ``(C) Equitable treatment of states and indian
                tribes.--To the maximum extent practicable, the
                Secretary shall treat an Indian tribe as a State for
                the purpose of a grant provided under paragraph (2).
            ``(4) State and tribal reports.--For the fiscal year in
        which the program under this section is implemented and each
        fiscal year thereafter, each State and Indian tribe that
        receives a grant under paragraph (2) shall--
                    ``(A) collect a sampling of data pertaining to the
                use by the State or Indian tribe, during the fiscal
                year covered by the report, of recyclable material in
                the projects for construction of Federal-aid highways
                in the State or on land under the jurisdiction of the
                Indian tribe that are carried out under this section or
                any other provision of this title using at least
                $1,000,000 in Federal funds, including a description
                of--
                            ``(i) each type of recyclable material
                        used;
                            ``(ii) the quantity of each recyclable
                        material used; and
                            ``(iii) the proportion that--
                                    ``(I) the quantity of each
                                recyclable material used; bears to
                                    ``(II) the quantity of all
                                recyclable material and raw material
                                used; and
                    ``(B) submit to the Secretary a report describing
                those data.
            ``(5) Quality control.--The Secretary shall ensure, to the
        maximum extent practicable, that data provided by a State or
        Indian tribe under paragraph (4) is of a sufficient quality and
        range to permit the Secretary to assess national
        accomplishments involving the use of recyclable material.
    ``(c) Reports.--
            ``(1) Initial report.--Not later than 180 days after the
        date of enactment of the Recycled Roads Act of 2003, the
        Secretary shall submit to the appropriate committees of
        Congress a report on the program to be carried out under this
        section that includes--
                    ``(A) an overview of program requirements;
                    ``(B) an analysis of any significant issues
                relating to the program; and
                    ``(C) a proposed timeline for implementation of the
                program.
            ``(2) Annual reports.--Not later than 2 years after the
        date of enactment of the Recycled Roads Act of 2003, and
        annually thereafter on the date of issuance of the annual
        program performance report under section 1116 of title 31,
        United States Code, the Secretary shall submit to the
        appropriate committees of Congress a report on the program
        under this section, including, for each recyclable material
        used in the construction of a Federal-aid highway during the
        period covered by the report, the information described in
        subsection (b)(4).
    ``(d) Regulations.--The Secretary shall promulgate such regulations
as are necessary to carry out this section.
    ``(e) Authorization of Appropriations.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account)--
            ``(1) $10,125,000 for use in providing grants under
        subsection (b)(2)(A) for each fiscal year; and
            ``(2) $113,400,000 for use in providing grants under
        subsection (b)(2)(B) for each fiscal year.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter
1 of title 23, United States Code, is amended by inserting after the
item relating to section 138 the following:

``139. Use of recyclable material in Federal-aid highway
                            construction.''.

Summary: Recycled Roads Act of 2003 - Directs the Secretary of Transportation to establish a recycled roads incentive grant program to encourage, and to make grants to States and Indian tribes to employ a coordinator and carry out projects and activities to promote, the expanded use of a diverse range of recyclable material in the construction and maintenance of Federal-aid highways. Directs the Secretary to: (1) encourage cooperation between transportation and environmental programs carried out by the State or Indian tribe. And (2) treat an Indian tribe as a State for the purpose of such grants.

A bill to amend title 23, United States Code, to establish a program to increase the use of recyclable material in the construction of Federal-aid highways.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Manufacturing Advisory Council
Establishment Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Manufacturing is a critical component of the economy of
        the United States.
            (2) A strong manufacturing sector is important to
        maintaining a desirable standard of living for all United
        States citizens.
            (3) United States manufacturers can compete globally as
        long as they are not subjected to anti-competitive trade
        practices.
            (4) The United States manufacturing industry is presently
        facing many challenges, both domestic and international.
            (5) The President would benefit from regular, informed
        advice from a variety of sources within the Unites States
        manufacturing sector, including representatives of small and
        mid-sized businesses, on policies that affect manufacturing.

SEC. 3. ESTABLISHMENT.

    There is established a council to be known as the ``President's
Council of Advisors on Manufacturing''.

SEC. 4. DUTIES.

    The duties of the Council shall be--
            (1) to advise the President on policy matters affecting the
        domestic manufacturing sector;
            (2) to assist in the development of policies that will--
                    (A) reduce production costs within the
                manufacturing sector,
                    (B) promote the competitiveness of products
                manufactured in the United States in international
                markets,
                    (C) encourage innovation, investment, and
                productivity in the manufacturing sector, and
                    (D) ensure an adequate supply of skilled workers in
                the manufacturing sector; and
            (3) to assist the Secretary of Commerce in securing private
        sector involvement for Department of Commerce activities.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Council shall be composed of 25
members appointed by the President as follows:
            (1) 1 member shall be an officer or employee of the Federal
        Government.
            (2) 24 members shall be individuals who--
                    (A) are not officers or employees of the Federal
                Government;
                    (B) have expertise in manufacturing; and
                    (C) represent businesses of various sizes and
                industries within the manufacturing sector.
    (b) Continuation of Membership.--If a member was appointed to the
Council as an officer or employee of the Federal Government and the
member ceases to be an officer or employee of the Federal Government,
or was appointed to the Council because the member was not an officer
or employee of the Federal Government and later becomes an officer or
employee of the Federal Government, that member may continue as a
member for not longer than the 90-day period beginning on the date that
the member ceases to be an officer or employee of the Federal
Government, or becomes such an officer or employee, as the case may be.
    (c) Terms.--
            (1) In general.--Each member shall be appointed for a term
        of 2 years, except as provided in paragraphs (2) and (3).
            (2) Terms of initial appointees.--As designated by the
        President at the time of appointment, of the members first
        appointed--
                    (A) 8 shall be appointed for terms of 4 years;
                    (B) 8 shall be appointed for terms of 3 years;
                    (C) 8 shall be appointed for terms of 2 years; and
                    (D) the member appointed under subsection (a)(1)
                shall be appointed for a term of 2 years.
            (3) Vacancies.--Any member appointed to fill a vacancy
        occurring before the expiration of the term for which the
        member's predecessor was appointed shall be appointed only for
        the remainder of that term. A member may serve after the
        expiration of that member's term until a successor has taken
        office.
    (d) Deadline for Appointment.--The appointments of the members of
the Council shall be made no later than 90 days after the date of the
enactment of this Act.
    (e) Co-chairs.--The co-chairs of the Council shall be the member
appointed under subsection (a)(1) and one member appointed under
subsection (a)(2) who is designated by the President at the time of
appointment.
    (f) Meetings.--
            (1) First meeting.--The Council shall hold its first
        meeting on a date designated by the co-chairs which is not
        later than 30 days after the date on which all members have
        been appointed.
            (2) Subsequent meetings.--After the first meeting, the
        Council shall meet at least semi-annually upon the call of the
        co-chairs.
    (g) No Compensation for Service.--The members shall serve on the
Council without compensation.
    (h) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.

SEC. 6. POWERS OF THE COUNCIL.

    (a) Information and Advice.--As the Council finds appropriate, the
Council may seek information and advice from persons who are not
members of the Council.
    (b) Obtaining Official Data.--The Council may secure directly from
any agency of the United States information necessary to enable it to
carry out this Act. Upon the request of either co-chair, the head of
that department or agency shall furnish that information to the
Council.
    (c) Mails.--The Council may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.

SEC. 7. ADMINISTRATION.

    (a) Expenses.--Any expenses incurred by the Council shall be paid
from the funds available to the Assistant Secretary of Commerce
responsible for manufacturing and services, as determined by the
Secretary of Commerce.
    (b) Administrative Services.--The Assistant Secretary of Commerce
responsible for manufacturing and services, as determined by the
Secretary of Commerce, shall provide any administrative support
services required by the Council.

SEC. 8. NO TERMINATION.

    Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C.
App.; relating to the termination of advisory committees) shall not
apply to the Council.

Summary: Manufacturing Advisory Council Establishment Act of 2004 - Establishes the President's Council of Advisors on Manufacturing to: (1) advise the President on policy matters affecting the domestic manufacturing sector. (2) develop policies that will reduce manufacturing production costs, promote the international competitiveness of US-manufactured products, encourage innovation, investment and productivity in the manufacturing sector, and ensure an adequate supply of skilled manufacturing workers. And (3) assist the Secretary of Commerce in securing private sector involvement for Department of Commerce activities. States that provisions of the Federal Advisory Committee Act relating to the termination of advisory committees shall not apply to the Council.

To establish the President's Council of Advisors on Manufacturing.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shareholder Protection Act of
2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Corporations make significant political contributions
        and expenditures that directly or indirectly influence the
        election of candidates and support or oppose political causes.
        Decisions to use corporate funds for political contributions
        and expenditures are usually made by corporate boards and
        executives, rather than shareholders.
            (2) Corporations, acting through their boards and
        executives, are obligated to conduct business for the best
        interests of their owners, the shareholders.
            (3) Historically, shareholders have not had a way to know,
        or to influence, the political activities of corporations they
        own. Shareholders and the public have a right to know how
        corporations are spending their funds to make political
        contributions or expenditures benefitting candidates, political
        parties, and political causes.
            (4) Corporations should be accountable to their
        shareholders in making political contributions or expenditures
        affecting Federal governance and public policy. Requiring the
        express approval of a corporation's shareholders prior to
        making political contributions or expenditures will establish
        necessary accountability.

SEC. 3. SHAREHOLDER APPROVAL OF CORPORATE POLITICAL ACTIVITY.

    The Securities Exchange Act of 1934 is amended by inserting after
section 14B the following new section:

``SEC. 14C. SHAREHOLDER APPROVAL OF CERTAIN POLITICAL EXPENDITURES AND
              DISCLOSURE OF VOTES OF INSTITUTIONAL INVESTORS.

    ``(a) Shareholder Authorization for Political Expenditures.--Any
solicitation of any proxy or consent or authorization in respect of any
security of an issuer shall--
            ``(1) contain a description of the specific nature of any
        expenditures for political activities proposed to be made by
        the issuer for the forthcoming fiscal year not previously
        approved, to the extent the specific nature is known to the
        issuer and including the total amount of such proposed
        expenditures; and
            ``(2) provide for a separate shareholder vote to authorize
        such proposed expenditures in such amount.
    ``(b) Requirements for Expenditures.--No issuer shall make any
expenditure for political activities in any fiscal year unless--
            ``(1) such expenditure is of the nature of those proposed
        by the issuer pursuant to subsection (a)(1); and
            ``(2) authorization for such expenditures has been granted
        by votes representing a majority of outstanding shares pursuant
        to subsection (a)(2).
    ``(c) Fiduciary Duty; Liability.--A violation of subsection (b)
shall be considered a breach of a fiduciary duty of the officers and
directors who authorized such an expenditure. The officers and
directors who authorize such an expenditure without first obtaining
such authorization of shareholders shall be jointly and severally
liable in any action brought in any court of competent jurisdiction to
any individual or class of individuals who held shares at the time such
expenditure was made for an amount equal to 3 times the amount of such
expenditure.
    ``(d) Definition of Expenditure for Political Activities.--As used
in this section:
            ``(1) The term `expenditure for political activities'
        means--
                    ``(A) an independent expenditure, as such term is
                defined in section 301(17) of the Federal Election
                Campaign Act of 1971 (2 U.S.C. 431(17));
                    ``(B) an electioneering communication, as such term
                is defined in section 304(f)(3) of such Act (2 U.S.C.
                434(f)(3)) and any other public communication (as such
                term is defined in section 301(22) of such Act (2
                U.S.C. 431(22))) that would be an electioneering
                communication if it were a broadcast, cable, or
                satellite communication; or
                    ``(C) dues or other payments to trade associations
                or other tax exempt organizations that are, or could
                reasonably be anticipated to be, used or transferred to
                another association or organization for the purposes
                described in subparagraph (A) or (B).
            ``(2) Such term shall not include--
                    ``(A) direct lobbying efforts through registered
                lobbyists employed or hired by the issuer;
                    ``(B) communications by an issuer to its
                shareholders and executive or administrative personnel
                and their families; or
                    ``(C) the establishment and administration of
                contributions to a separate segregated fund to be
                utilized for political purposes by a corporation.
    ``(e) Disclosure of Votes.--Every institutional investment manager
subject to section 13(f) shall report at least annually how it voted on
any shareholder vote pursuant to subsection (a), unless such vote is
otherwise required to be reported publicly by rule or regulation of the
Commission. Not later than 6 months after the date of enactment of this
section, the Commission shall issue rules and regulations to implement
this subsection. Such rules shall require that such report be made not
later than 30 days after such a vote and be made available to the
public through the EDGAR system as soon as practicable.
    ``(f) Safe Harbor for Certain Divestment Decisions.--
Notwithstanding any other provision of Federal or State law, no person
may bring any civil, criminal, or administrative action against any
institutional investment manager, or any employee, officer, or director
thereof, based solely upon a decision of the investment manager to
divest from, or not to invest in, securities of an issuer because of
expenditures for political activities made by that issuer. This
subsection shall not apply to any institutional investment manager, or
any employee, officer, or director thereof, unless the institutional
investment manager makes disclosures in accordance with regulations
prescribed by the Commission.''.

SEC. 4. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL
              ACTIVITIES.

    (a) Required Vote.--The Securities Exchange Act of 1934 is amended
by adding after section 16 the following new section:

``SEC. 16A. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL
              ACTIVITIES.

    ``(a) Listing on Exchanges.--Effective not later than 180 days
after the date of enactment of this section, the Commission shall, by
rule, direct the national securities exchanges and national securities
associations to prohibit the listing of any class of equity security of
an issuer that is not in compliance with the requirements of any
portion of subsection (b).
    ``(b) Requirement for Vote in Corporate Bylaws.--The corporate
bylaws of an issuer shall expressly provide for a vote of the directors
of the issuer on any individual expenditure for political activities
(as such term is defined in section 14C(d)(1)) in excess of $50,000, or
any expenditure that makes the total amount spent by the issuer for the
particular election (as such term is defined in section 301(1) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431(1))) $50,000 or
more. An issuer shall make publicly available the individual votes of
the directors required by the preceding sentence within 48 hours of the
vote, including in a clear and conspicuous location on the Internet
website of the issuer.''.
    (b) No Effect on Determination of Coordination With Candidates or
Campaigns.--For purposes of determining whether an expenditure for
political activities by an issuer under the Securities Exchange Act of
1934 is an independent expenditure under the Federal Election Campaign
Act of 1971, the expenditure may not be treated as made in concert or
cooperation with, or at the request or suggestion of, any candidate or
committee solely on the grounds that any director of the issuer voted
on the expenditure as required under section 16A(b) of the Securities
Exchange Act of 1934 (as added by subsection (a)).

SEC. 5. REPORTING REQUIREMENTS.

    Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
    ``(r) Reporting Requirements Relating to Certain Political
Expenditures.--
            ``(1) Quarterly reports.--Not later than 180 days after the
        date of enactment of this subsection, the Commission shall
        modify its reporting rules under this section to require
        issuers to disclose quarterly any expenditure for political
        activities (as such term is defined in section 14C(d)(1)) made
        during the preceding quarter and the individual votes by board
        members authorizing such expenditures as required under section
        16A(b). Such a report shall be filed with the Commission and
        provided to shareholders and shall include--
                    ``(A) the date of each expenditure;
                    ``(B) the amount of each expenditure;
                    ``(C) if the expenditure was made for or against a
                candidate, the name of the candidate, the office sought
                by and the political party affiliation of the
                candidate; and
                    ``(D) the name or identity of trade associations or
                other tax-exempt organizations which receive dues or
                other payments as described in section 14C(d)(1)(B).
            ``(2) Annual reports.--Not later than 180 days after the
        date of enactment of this subsection, the Commission shall, by
        rule, require each issuer to include in its annual report to
        shareholders an annual summary of all expenditures for
        political activities (as such term is defined in section
        14C(d)(1)) made during the preceding year in excess of $10,000.
            ``(3) Disclosure of materials purchased by political
        expenditures.--The Commission shall, by rule, require each
        issuer to obtain and disclose in the reports required under
        this section, any materials created with or purchased by any
        expenditure for political activities (as such term is defined
        in section 14C(d)) made by the issuer. Such rule shall also
        require that each issuer disclose such materials in a clear and
        conspicuous location on the Internet website of the issuer
        within 48 hours of obtaining the materials.
            ``(4) Public availability.--The Commission shall ensure
        that, to the greatest extent practicable, the quarterly reports
        required by this subsection are publicly available through the
        Commission website and through the EDGAR system in a manner
        that is searchable, sortable, and downloadable, consistent with
        the requirements of section 24.''.

SEC. 6. REPORTS.

    The Securities and Exchange Commission shall annually assess the
compliance of public corporations and their management with the
requirements of the amendments made by this Act, and shall transmit to
Congress an annual report of its findings. The Comptroller General of
the United States shall periodically evaluate and report to Congress on
the effectiveness of the Securities and Exchange Commission's oversight
of the reporting and disclosure requirements of the amendments made by
this Act.

SEC. 7. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such provision
or amendment to any person or circumstance shall not be affected
thereby.

Summary: Shareholder Protection Act of 2010 - Amends the Securities Exchange Act of 1934 to require that any solicitation of a proxy, consent, or authorization with respect to any security of an issuer: (1) describe the specific nature and total amount of expenditures proposed for political activities for the forthcoming fiscal year. And (2) provide for a separate shareholder vote to authorize such proposed expenditures. Prohibits an issuer from making an expenditure for political activities in any fiscal year unless: (1) such expenditure meets the requirements of this Act. And (2) authorization for such expenditure has been granted by votes representing a majority of outstanding shares. Deems a violation of such prohibition a breach of the fiduciary duty of the officers and directors who authorized the expenditure. Subjects officers and directors who authorize the expenditure without prior shareholder authorization to joint and several liability to any individual shareholder or class of individuals who held shares at the time of such expenditure for three times the expenditure's amount. Requires institutional investment managers to disclose annually in mandatory reports how they voted on corporate political expenditures. Requires the Securities and Exchange Commission (SEC) to promulgate regulations requiring: (1) investment managers to report how they voted within 30 days after the vote. And (2) the report to be made available to the public through the EDGAR system. Prohibits any person from bringing any civil, criminal, or administrative action against an institutional investment manager, or any of its employees, officers, or directors, based solely upon the investment manager's decision to either divest from, or not to invest in, the securities of an issuer based upon political expenditures made by that issuer. Applies this prohibition only to an institutional investment manager, or its employees, officers, or directors, that makes such disclosures in accordance with SEC regulations. Requires the SEC to direct the national securities exchanges and national securities associations to prohibit the listing of any class of equity security of an issuer whose corporate bylaws do not expressly provide for a vote by its board of directors on any individual expenditure: (1) for political activities in excess of $50,000. Or (2) that makes the total expenditures by the issuer for a particular election $50,000 or more. Requires an issuer to make the individual votes of the directors regarding any such expenditure publicly available within 48 hours. Directs the SEC to: (1) require issuers to disclose expenditures for political activities made during the preceding quarter, along with specified details, and the individual votes by board members authorizing such expenditures. (2) make such reports publicly available on its SEC website and through the EDGAR system. And (3) require each issuer to include in its annual report to shareholders a summary of all expenditures for political activities made during the preceding year in excess of $10,000. Directs the SEC to require each issuer to: (1) obtain and disclose in its mandatory reports any materials created with or purchased by any expenditure for political activities. And (2) disclose such materials in a clear and conspicuous location on its Internet website within 48 hours of obtaining the materials. Directs the SEC to assess and report to Congress annually on the compliance of public corporations and their management with the requirements of this Act. Requires the Comptroller General to evaluate and report periodically to Congress on the effectiveness of the SEC's oversight of its reporting and disclosure requirements.

To amend the Securities Exchange Act of 1934 to require shareholder authorization before a public company may make certain political expenditures, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expatriate Health Coverage
Clarification Act of 2014''.

SEC. 2. TREATMENT OF EXPATRIATE HEALTH PLANS UNDER ACA.

    (a) In General.--Subject to subsection (b), the provisions of
(including any amendment made by) the Patient Protection and Affordable
Care Act (Public Law 111-148) and of title I and subtitle B of title II
of the Health Care and Education Reconciliation Act of 2010 (Public Law
111-152) shall not apply with respect to--
            (1) expatriate health plans;
            (2) employers with respect to any such plans for which such
        employers are acting as plan sponsors; or
            (3) expatriate health insurance issuers with respect to
        coverage offered by such issuers under such plans.
    (b) Minimum Essential Coverage and Eligible Employer-Sponsored
Plan.--For purposes of section 5000A(f) of the Internal Revenue Code of
1986, and any other section of the Internal Revenue Code of 1986 that
incorporates the definition of minimum essential coverage provided
under such section 5000A(f) by reference, coverage under an expatriate
health plan shall be deemed to be minimum essential coverage under an
eligible employer-sponsored plan as defined in paragraph (2) of such
section.
    (c) Qualified Expatriates and Dependents Not United States Health
Risk.--
            (1) In general.--For purposes of section 9010 of the
        Patient Protection and Affordable Care Act (26 U.S.C. 4001 note
        prec.), for calendar years after 2014, a qualified expatriate
        (and any dependent of such individual) enrolled in an
        expatriate health plan shall not be considered a United States
        health risk.
            (2) Special rule for 2014.--The fee under section 9010 of
        such Act for calendar year 2014 with respect to any expatriate
        health insurance issuer shall be the amount which bears the
        same ratio to the fee amount determined by the Secretary of the
        Treasury with respect to such issuer under such section for
        such year (determined without regard to this paragraph) as--
                    (A) the amount of premiums taken into account under
                such section with respect to such issuer for such year,
                less the amount of premiums for expatriate health plans
                taken into account under such section with respect to
                such issuer for such year, bears to
                    (B) the amount of premiums taken into account under
                such section with respect to such issuer for such year.
    (d) Definitions.--In this section:
            (1) Expatriate health insurance issuer.--The term
        ``expatriate health insurance issuer'' means a health insurance
        issuer that issues expatriate health plans.
            (2) Expatriate health plan.--The term ``expatriate health
        plan'' means a group health plan, health insurance coverage
        offered in connection with a group health plan, or health
        insurance coverage offered to a group of individuals described
        in paragraph (3)(B) (which may include dependents of such
        individuals) that meets each of the following standards:
                    (A) Substantially all of the primary enrollees in
                such plan or coverage are qualified expatriates, with
                respect to such plan or coverage. In applying the
                previous sentence, an individual shall not be taken
                into account as a primary enrollee if the individual is
                not a national of the United States and resides in the
                country of which the individual is a citizen.
                    (B) Substantially all of the benefits provided
                under the plan or coverage are not excepted benefits
                described in section 9832(c) of the Internal Revenue
                Code of 1986.
                    (C) The plan or coverage provides benefits for
                items and services, in excess of emergency care,
                furnished by health care providers--
                            (i) in the case of individuals described in
                        paragraph (3)(A), in the country or countries
                        in which the individual is present in
                        connection with the individual's employment,
                        and such other country or countries as the
                        Secretary of Health and Human Services, in
                        consultation with the Secretary of the Treasury
                        and the Secretary of Labor, may designate; or
                            (ii) in the case of individuals described
                        in paragraph (3)(B), in the country or
                        countries as the Secretary of Health and Human
                        Services, in consultation with the Secretary of
                        the Treasury and the Secretary of Labor, may
                        designate.
                    (D) In the case of an expatriate health plan that
                is a group health plan offered by a plan sponsor that--
                            (i) also offers a qualifying minimum value
                        domestic group health plan, the plan sponsor
                        reasonably believes that the benefits provided
                        by the expatriate health plan are actuarially
                        similar to, or better than, the benefits
                        provided under a qualifying minimum value
                        domestic group health plan offered by that plan
                        sponsor; or
                            (ii) does not also offer a qualifying
                        minimum value domestic group health plan, the
                        plan sponsor reasonably believes that the
                        benefits provided by the expatriate health plan
                        are actuarially similar to, or better than, the
                        benefits provided under a qualifying minimum
                        value domestic group health plan.
                    (E) If the plan or coverage provides dependent
                coverage of children, the plan or coverage makes such
                dependent coverage available for adult children until
                the adult child turns 26 years of age, unless such
                individual is the child of a child receiving dependent
                coverage.
                    (F) The plan or coverage--
                            (i) is issued by an expatriate health plan
                        issuer, or administered by an administrator,
                        that maintains, with respect to such plan or
                        coverage--
                                    (I) network provider agreements
                                with health care providers that are
                                outside of the United States; and
                                    (II) call centers in more than one
                                country and accepts calls from
                                customers in multiple languages; and
                            (ii) offers reimbursements for items or
                        services under such plan or coverage in more
                        than two currencies.
                    (G) The plan or coverage, and the plan sponsor or
                expatriate health insurance issuer with respect to such
                plan or coverage, satisfies the provisions of title
                XXVII of the Public Health Service Act (42 U.S.C. 300gg
                et seq.), chapter 100 of the Internal Revenue Code of
                1986, and part 7 of subtitle B of title I of the
                Employee Retirement Income Security Act of 1974 (29
                U.S.C. 1181 et seq.), which would otherwise apply to
                such a plan or coverage, and sponsor or issuer, if not
                for the enactment of the Patient Protection and
                Affordable Care Act and title I and subtitle B of title
                II of the Health Care and Education Reconciliation Act
                of 2010.
            (3) Qualified expatriate.--The term ``qualified
        expatriate'' means any of the following individuals:
                    (A) Workers.--An individual who is a participant in
                a group health plan, who is an alien residing outside
                the United States, a national of the United States,
                lawful permanent resident, or nonimmigrant for whom
                there is a good faith expectation by the plan sponsor
                of the plan that, in connection with the individual's
                employment, the individual is abroad for a total of not
                less than 180 days during any period of 12 consecutive
                months.
                    (B) Other individuals abroad.--An individual, such
                as a student or religious missionary, who is abroad,
                and who is a member of a group determined appropriate
                by the Secretary of Health and Human Services, in
                consultation with the Secretary of the Treasury and the
                Secretary of Labor.
            (4) Qualifying minimum value domestic group health plan.--
        The term ``qualifying minimum value domestic group health
        plan'' means a group health plan that is offered in the United
        States that meets the following requirements:
                    (A) Substantially all of the primary enrollees in
                the plan are not qualified expatriates, with respect to
                such plan.
                    (B) Substantially all of the benefits provided
                under the plan are not excepted benefits described in
                section 9832(c) of the Internal Revenue Code of 1986.
                    (C) The application of section 36B(c)(2)(C)(ii) of
                such Code to such plan would not prevent an employee
                eligible for coverage under such plan from being
                treated as eligible for minimum essential coverage for
                purposes of section 36B(c)(2)(B) of such Code.
            (5) Abroad.--
                    (A) United states nationals.--
                            (i) In general.--Except as provided in
                        clause (ii), for purposes of applying paragraph
                        (3) to a national of the United States, the
                        term ``abroad'' means outside the 50 States,
                        the District of Columbia, and Puerto Rico.
                            (ii) Special rule.--For purposes of
                        applying paragraph (3) to a national of the
                        United States who resides in the United States
                        Virgin Islands, the Commonwealth of the
                        Northern Mariana Islands, American Samoa, or
                        Guam, the term ``abroad'' means outside of the
                        50 States, the District of Columbia, Puerto
                        Rico, and such territory or possession.
                    (B) Foreign citizens.--For purposes of applying
                paragraph (3) to an individual who is not a national of
                the United States, the term ``abroad'' means outside of
                the country of which that individual is a citizen.
            (6) United states.--The term ``United States'' means the 50
        States, the District of Columbia, Puerto Rico, the United
        States Virgin Islands, the Commonwealth of the Northern Mariana
        Islands, American Samoa, and Guam.
            (7) Miscellaneous terms.--
                    (A) Group health plan; health insurance coverage;
                health insurance issuer; plan sponsor.--The terms
                ``group health plan'', ``health insurance coverage'',
                ``health insurance issuer'', and ``plan sponsor'' have
                the meanings given those terms in section 2791 of the
                Public Health Service Act (42 U.S.C. 300gg-91), except
                that in applying such terms under this section the term
                ``health insurance issuer'' includes a foreign
                corporation which is predominantly engaged in an
                insurance business and which would be subject to tax
                under subchapter L of chapter 1 of the Internal Revenue
                Code of 1986 if it were a domestic corporation.
                    (B) Foreign state; national of the united states;
                nonimmigrant; reside; lawful permanent resident.--The
                terms ``national of the United States'', and
                ``nonimmigrant'' have the meaning given such terms in
                section 101(a) of the Immigration and Nationality Act
                (8 U.S.C. 1101(a)), the term ``reside'' means having a
                residence (within the meaning of such term in such
                section), and the term ``lawful permanent resident''
                means an alien lawfully admitted for permanent
                residence (as defined in such section).

            Passed the House of Representatives April 29, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Expatriate Health Coverage Clarification Act of 2014 - Exempts expatriate health plans, employers acting as sponsors of such plans, and health insurance issuers providing coverage under such plans from the health care coverage requirements of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. Deems expatriate health coverage to be minimum essential coverage for purposes of meeting the individual responsibility requirements of the Internal Revenue Code. Declares that a qualified expatriate enrolled in an expatriate health plan shall not be considered a US health risk for purposes of assessing the annual fee on health insurance providers that provide health coverage to any US health risk for any year after 2014. Establishes a special rule for calculating the amount of this fee for calendar 2014. Defines a qualified expatriate as: (1) a participant in a group health plan who is an alien residing outside the United States, a US national, a lawful permanent resident, or a nonimmigrant about whom there is a good faith expectation of being abroad, in connection with his or her employment, for at least 180 days in a 12-month period. Or (2) an individual who is abroad as a member of a group determined appropriate by the Secretary of Health and Human Services (HHS).