SECTION 1. PURPOSE.

    The purpose of this Act is to increase telecommunications ownership
opportunities for small businesses, including small businesses owned or
controlled by socially disadvantaged individuals, through Small
Business Administration participation in a market-oriented
restructuring of the credit aspects of Federal Communications
Commission telecommunications spectrum auctions.

SEC. 2. ASSOCIATE ADMINISTRATOR FOR TELECOMMUNICATIONS FINANCE.

    (a) In General.--Section 4(b)(1) of the Small Business Act (15
U.S.C. 633(b)(1)) is amended--
            (1) in the fifth sentence, by striking ``five'' and
        inserting ``six''; and
            (2) by adding at the end the following new sentence: ``One
        of the Associate Administrators shall be designated at the time
        of appointment as the Associate Administrator for
        Telecommunications Finance and shall have the qualifications
        and responsibilities specified in subsection (g).''.
    (b) Qualifications and Responsibilities.--Section 4 of the Small
Business Act (15 U.S.C. 633) is amended by adding at the end the
following new subsection:
    ``(g) Associate Administrator for Telecommunications Finance.--
            ``(1) In general.--The Associate Administrator for
        Telecommunications Finance--
                    ``(A) shall be an employee in the competitive
                service or in the Senior Executive Service and a career
                appointee;
                    ``(B) shall be responsible to the Administrator for
                the supervision and management of financing in the area
                of telecommunications, including the programs and other
                activities under section 38 and section 39;
                    ``(C) shall establish, with respect to
                telecommunications concerns, the detailed definitions
                or standards referred to in section 3(a)(2);
                    ``(D) shall have authority--
                            ``(i) to prescribe maximum amounts for loan
                        guarantees under any program under section 38
                        or 39;
                            ``(ii) to approve all loan guarantees in
                        telecommunications; and
                            ``(iii) to approve all direct loans under
                        section 38(a)(1); and
                    ``(E) in addition to any other duties under this
                Act, shall have authority to approve loan guarantees
                under section 7(a) with respect to Federal
                Communications Commission spectrum licenses acquired in
                the secondary market.
            ``(2) Neutrality in choice of program by applicant for loan
        or loan guarantee.--In the administration of the
        Telecommunications Spectrum Installment Loan Program under
        section 38 and the Telecommunications Accelerated Certified
        Lender Program under section 39, the Associate Administrator
        for Telecommunications Finance shall observe strict neutrality
        as to the choice that a potential applicant may make as to the
        appropriateness of a program for the applicant. The choice of
        one program over the other shall be solely that of the
        applicant and the Associate Administrator shall neither
        encourage nor discourage any applicant in that choice.''.

SEC. 3. SMALL BUSINESS ADMINISTRATION FINANCING FOR ENTREPRENEUR
              PARTICIPATION IN TELECOMMUNICATIONS SPECTRUM AUCTIONS
              CONDUCTED BY FEDERAL COMMUNICATIONS COMMISSION.

    The Small Business Act (15 U.S.C. 631 et seq.) is amended--
            (1) by redesignating section 37 as section 40; and
            (2) by inserting after section 36 the following new
        sections:

``SEC. 37. TELECOMMUNICATIONS FINANCE OFFICE.

    ``(a) In General.--There is established, within the Administration,
an office to perform functions relating to the policies and programs of
the Administration with respect to financing in the area of
telecommunications. The office--
            ``(1) shall be known as the `Telecommunications Finance
        Office';
            ``(2) shall be headed by the Associate Administrator for
        Telecommunications Finance under section 4(g);
            ``(3) shall be staffed by employees who are from diverse
        backgrounds and who are highly skilled in the areas of
        telecommunications technology and telecommunications financing;
        and
            ``(4) shall be the principal entity within the
        Administration for implementation of the programs under
        sections 38 and 39.
    ``(b) Funding.--The expenses of the Telecommunications Finance
Office shall be paid from the Telecommunications Loan Guarantee Fund,
established under section 715 of the Communications Act of 1934.

``SEC. 38. TELECOMMUNICATIONS SPECTRUM INSTALLMENT LOAN PROGRAM.

    ``(a) In General.--There is established a program, to be known as
the `Telecommunications Spectrum Installment Loan Program', under which
the Administrator--
            ``(1) shall make direct loans to qualified
        telecommunications borrowers for acquisition of spectrum
        licenses through Federal Communications Commission auction; and
            ``(2) shall guarantee loans to qualified telecommunications
        borrowers for telecommunications equipment and working capital
        in connection with any acquisition referred to in paragraph
        (1).
    ``(b) Direct Loan Conditions.--
            ``(1) Limitation on disbursement.--The Administrator may
        not disburse any loan amount under subsection (a)(1) if the
        cost of the license involved exceeds the approved loan amount
        plus, as determined by the Administrator, cash available to the
        applicant for the purpose of paying the difference between the
        approved loan amount and the cost of the license.
            ``(2) Interest at market rate.--The rate of interest on a
        loan shall be the prime interest rate or such other competitive
        market rate as the Administrator determines to be appropriate.
            ``(3) Interest-only period.--The Administrator, in
        accordance with criteria established by regulation, may
        provide, on a case-by-case basis, for an initial period during
        which a borrower under subsection (a)(1) shall pay interest
        only. In the case of such a determination, loan principal shall
        be amortized over the remainder of the loan term. The maximum
        interest-only period under this paragraph is 6 years.
            ``(4) Maximum loan term.--The term of any loan under
        subsection (a)(1) may not exceed the term of the spectrum
        license involved.
    ``(c) Loan Guarantee Condition.--The Administrator may make loan
guarantees under subsection (a)(2) to a borrower under subsection
(a)(1) only for telecommunications equipment and working capital
necessary to carry out the terms of the license to be financed.
    ``(d) Security Interest and Forced Sale Conditions for Direct Loans
and Loan Guarantees.--The Administrator shall require, as a condition
of any direct loan under subsection (a)(1) and any loan guarantee under
subsection (a)(2), that--
            ``(1) any disbursement of a loan amount be fully protected
        by a secured interest in the proceeds of a sale or other
        assignment of the license involved; and
            ``(2) the loan agreement contain specific measures by
        which, in the case of a default by the borrower, the lender may
        require the borrower to sell or otherwise assign the license.
    ``(e) General Applicability; Waiver Exception.--Loans and loan
guarantees under this section shall be subject to all otherwise
applicable provisions of this Act, except that the Administrator may
waive any limitation on the amount of an individual loan or loan
guarantee or on the total amount of loans or loan guarantees to a
single borrower.
    ``(f) Treasury Account.--The Administrator shall notify the
Secretary of the Treasury of each loan transaction entered into under
subsection (a)(1). Upon receipt of notice under the preceding sentence,
the Secretary shall establish an account in the Treasury for the loan.
    ``(g) Definitions.--As used in this section--
            ``(1) the term `qualified telecommunications borrower'
        means a small business concern that, as determined by the
        Administrator, has, in addition to the other requirements of
        this Act, a level of specialized telecommunications expertise
        (including technical knowledge, business skill, and management
        experience) that is appropriate for the purpose for which the
        loan or guarantee involved is made; and
            ``(2) the term `Administrator' means the Administrator,
        acting through the Associate Administrator for
        Telecommunications Finance.
    ``(h) Collection of Data.--The Administrator shall collect data
with respect to the operation of the program under this section. The
data so collected--
            ``(1) shall be accumulated on a calendar year basis;
            ``(2) shall be maintained in an electronic database;
            ``(3) shall include information on the ethnicity, race, and
        sex of all applicants, whether the applications involved are
        approved, denied, withdrawn, or otherwise disposed of; and
            ``(4) shall include other information that, as determined
        by the Administrator, is relevant to the disposition of
        applications.
    ``(i) Report.--Not later than December 31 of each year, the
Administrator shall submit to the Congress a report, with respect to
the preceding calendar year, of the status of the program under this
section. The report shall include--
            ``(1) a statistical analysis (without personal identifying
        information) of the diversity characteristics of applicants and
        borrowers under the program; and
            ``(2) a probability analysis with respect to the diversity
        of applicants who receive loans under the program.

``SEC. 39. TELECOMMUNICATIONS ACCELERATED CERTIFIED LENDER PROGRAM.

    ``(a) In General.--There is established a program, to be known as
the `Telecommunications Accelerated Certified Lender Program', under
which the Administrator--
            ``(1) shall guarantee loans made to qualified
        telecommunications borrowers--
                    ``(A) for acquisition of spectrum licenses through
                Federal Communications Commission auction; and
                    ``(B) for acquisition of spectrum licenses in the
                secondary market for licenses originally acquired
                through Federal Communications Commission auction; and
            ``(2) shall guarantee loans made to qualified
        telecommunications borrowers for telecommunications equipment
        and working capital in connection with any acquisition referred
        to in paragraph (1).
    ``(b) Funding.--The expenses of loan guarantees under subsection
(a) shall be paid from the Telecommunications Loan Guarantee Fund,
established under section 715 of the Communications Act of 1934.
    ``(c) Approved Lenders.--Loans guaranteed under this section shall
be made by lenders that are insured depositary institutions and are
approved by the Administrator. In evaluating an institution for
approval, the Administrator shall take into consideration the financial
stability of the institution, the experience and expertise of the
institution in lending to telecommunications borrowers, and the need
for diversity in the management and ownership of approved institutions.
    ``(d) Loan Guarantee Conditions.--
            ``(1) Limitation on disbursement.--The Administrator shall
        require, as a condition of any loan guarantee under subsection
        (a)(1), that the lender may not disburse any loan amount if the
        cost of the license involved exceeds the approved loan amount
        plus, as determined by the Administrator, cash available to the
        applicant for the purpose of paying the difference between the
        approved loan amount and the cost of the license.
            ``(2) Security interest and forced sale requirements.--The
        Administrator shall require, as a condition of any loan
        guarantee under subsection (a), that--
                    ``(A) any disbursement of a loan amount be fully
                protected by a secured interest in the proceeds of a
                sale or other assignment of the license involved; and
                    ``(B) the loan agreement contain specific measures
                by which, in the case of a default by the borrower, the
                lender may require the borrower to sell or otherwise
                assign the license.
    ``(e) General Applicability; Waiver Exception.--Loan guarantees
under this section shall be subject to all otherwise applicable
provisions of this Act, except that the Administrator may waive any
limitation on the amount of an individual loan guarantee or on the
total amount of loan guarantees to a single borrower.
    ``(f) Definitions.--As used in this section--
            ``(1) the term `qualified telecommunications borrower'
        means a small business concern that, as determined by the
        Administrator, has, in addition to the other requirements of
        this Act, a level of specialized telecommunications expertise
        (including technical knowledge, business skill, and management
        experience) that is appropriate for the purpose for which the
        loan or guarantee involved is made; and
            ``(2) the term `Administrator' means the Administrator,
        acting through the Associate Administrator for
        Telecommunications Finance.
    ``(g) Collection of Data.--The Administrator shall collect data
with respect to the operation of the program under this section. The
data so collected--
            ``(1) shall be accumulated on a calendar year basis;
            ``(2) shall be maintained in an electronic database;
            ``(3) shall include information on the ethnicity, race, and
        sex of all applicants, whether the applications involved are
        approved, denied, withdrawn, or otherwise disposed of; and
            ``(4) shall include other information that, as determined
        by the Administrator, is relevant to the disposition of
        applications.
    ``(h) Report.--Not later than December 31 of each year, the
Administrator shall submit to the Congress a report, with respect to
the preceding calendar year, of the status of the program under this
section. The report shall include--
            ``(1) a statistical analysis (without personal identifying
        information) of the diversity characteristics of applicants and
        borrowers under the program; and
            ``(2) a probability analysis with respect to the diversity
        of applicants who receive loans under the program.''.

SEC. 4. TELECOMMUNICATIONS LOAN GUARANTEE FUND.

    (a) In General.--Title VII of the Communications Act of 1934 is
amended by inserting after section 714 (42 U.S.C. 614) the following
new section:

``SEC. 715. TELECOMMUNICATIONS LOAN GUARANTEE FUND.

    ``(a) Establishment.--
            ``(1) In general.--There is hereby established the
        Telecommunications Loan Guarantee Fund (hereafter in this
        section referred to as the `Fund') in the Department of the
        Treasury under the control of the Secretary of the Treasury
        (hereafter in this section referred to as the `Secretary').
            ``(2) Initial capitalization of fund.--The first
        $10,000,000,000 of proceeds received from the auction of
        spectrum licenses by the Federal Communications Commission
        after the date of the enactment of this section shall be
        deposited in the Fund and shall constitute the capitalization
        of the Fund.
    ``(b) Maintenance of Fund.--
            ``(1) In general.--Amounts in the Fund shall be deposited
        by the Secretary in depositaries designated by the Secretary
        which have also been designated by the Telecommunications
        Finance Office of the Small Business Administration as
        certified telecommunications lenders.
            ``(2) Interest.--Interest paid by depositaries on amounts
        deposited in accordance with paragraph (1) shall be deposited
        in the Fund and be available for the purposes of the Fund.
    ``(c) Purpose of Fund.--Amounts in the Fund shall be available to
meet any obligation of the Small Business Administration arising under
a loan guarantee issued by the Telecommunications Finance Office of the
Small Business Administration in connection with a loan under section
38(a)(2) or section 39(a) of the Small Business Act.''.

SEC. 5. PARTICIPATION IN SPECTRUM AUCTIONS.

    Section 309(j)(5) of the Communications Act of 1934 (47 U.S.C.
309(j)(5)) is amended--
            (1) by striking ``No person'' and inserting the following:
                    ``(A) In general.--No person''; and
            (2) by adding at the end the following:
                    ``(B) Qualified telecommunications borrowers.--With
                respect to any person that meets the qualification
                requirements of this paragraph and that is a qualified
                telecommunications borrower under section 38 or 39 of
                the Small Business Act, the Commission shall accept, in
                lieu of any upfront payment or earnest money deposit
                required by Commission regulation, a letter of credit
                provided to such borrower under such section that
                equals or exceeds the amount of such required payment
                or deposit. In any competitive bidding conducted under
                this subsection in which the Commission identifies any
                such qualified telecommunications borrower as the high
                bidder at the time of declaring that the bidding has
                closed, the Commission shall notify the Administrator
                of the Small Business Administration of the identity of
                such bidder, the amount of the high bid, and the total
                amount required to be deposited with the Commission to
                qualify for the award of the license under Commission
                regulations. In the case of a qualified
                telecommunications borrower under section 38, the
                amount of such deposit may be satisfied by debiting the
                loan account of the borrower at the Treasury.''.

Summary: Amends the Small Business Act to establish within the Small Business Administration (SBA) an Associate Administrator for Telecommunications Finance to supervise and manage SBA financing in the area of telecommunications. Authorizes the Associate Administrator to approve SBA loan guarantees with respect to Federal Communications Commission (FCC) spectrum licenses acquired in the secondary market. Establishes a Telecommunications Finance Office. Establishes the Telecommunications Spectrum Installment Loan Program to: (1) make direct loans to qualified telecommunications borrowers (borrowers) for the acquisition of spectrum licenses through FCC auction. And (2) guarantee loans to borrowers for telecommunications equipment and working capital in connection with spectrum license acquisitions. Establishes the Telecommunications Accelerated Certified Lender Program for the guarantee by certified lenders of loans made to borrowers for: (1) the acquisition of spectrum licenses through either FCC auction or the secondary market. And (2) telecommunications equipment and working capital in connection with spectrum license acquisitions. Requires certified lenders to be insured depository institutions approved by the SBA. Amends the Communications Act of 1934 to: (1) establish the Telecommunications Loan Guarantee Fund for financing loans authorized under this Act. And (2) require the FCC, with respect to FCC spectrum auctions, to accept from a borrower a letter of credit in lieu of any upfront payment or other earnest money required by FCC regulation.

To amend the Small Business Act and the Communications Act of 1934 to increase participation by small businesses in spectrum auctions conducted by the Federal Communications Commission.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guam War Claims Review Commission
Act''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is hereby established a commission to be
known as the ``Guam War Claims Review Commission'' (in this Act
referred to as the ``Commission'').
    (b) Members.--The Commission shall be composed of five members who
by virtue of their background and experience are particularly suited to
contribute to the achievement of the purposes of the Commission. The
members shall be appointed by the Secretary of the Interior not later
than 60 days after funds are made available for this Act. Two of the
members shall be selected as follows:
        (1) One member appointed from a list of three names submitted
    by the Governor of Guam.
        (2) One member appointed from a list of three names submitted
    by the Guam Delegate to the United States House of Representatives.
    (c) Chairperson.--The Commission shall select a Chairman from among
its members. The term of office shall be for the life of the
Commission.
    (d) Compensation.--Notwithstanding section 3, members of the
Commission shall not be paid for their service as members, but in the
performance of their duties, shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with sections 5702 and
5703 of title 5, United States Code.
    (e) Vacancy.--Any vacancy in the Commission shall be filled in the
same manner as the original appointment.

SEC. 3. EMPLOYEES.

    The Commission may appoint an executive director and other
employees as it may require. The executive director and other employees
of the Commission may be appointed without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service. Section 3161 of title 5, United States Code, shall apply to
the executive director and other employees of the Commission.

SEC. 4. ADMINISTRATIVE.

    The Secretary of the Interior shall provide the Commission, on a
reimbursable basis, such administrative support services as the
Commission may request.

SEC. 5. DUTIES OF COMMISSION.

    The Commission shall--
        (1) review the facts and circumstances surrounding the
    implementation and administration of the Guam Meritorious Claims
    Act and the effectiveness of such Act in addressing the war claims
    of American nationals residing on Guam between December 8, 1941,
    and July 21, 1944;
        (2) review all relevant Federal and Guam territorial laws,
    records of oral testimony previously taken, and documents in Guam
    and the Archives of the Federal Government regarding Federal
    payments of war claims in Guam;
        (3) receive oral testimony of persons who personally
    experienced the taking and occupation of Guam by Japanese military
    forces, noting especially the effects of infliction of death,
    personal injury, forced labor, forced march, and internment;
        (4) determine whether there was parity of war claims paid to
    the residents of Guam under the Guam Meritorious Claims Act as
    compared with awards made to other similarly affected United States
    citizens or nationals in territory occupied by the Imperial
    Japanese military forces during World War II;
        (5) advise on any additional compensation that may be necessary
    to compensate the people of Guam for death, personal injury, forced
    labor, forced march, and internment; and
        (6) not later than 9 months after the Commission is established
    submit a report, including any comments or recommendations for
    action, to the Secretary of the Interior, the Committee on
    Resources and the Committee on the Judiciary of the House of
    Representatives and the Committee on Energy and Natural Resources
    and the Committee on the Judiciary of the Senate.

SEC. 6. POWERS OF THE COMMISSION.

    (a) Authority of Chairman.--Subject to general policies that the
Commission may adopt, the Chairman of the Commission--
        (1) shall exercise the executive and administrative powers of
    the Commission; and
        (2) may delegate such powers to the staff of the Commission.
    (b) Hearings and Sessions.--For the purpose of carrying out its
duties under section 5, the Commission may hold hearings, sit and act
at times and places, take testimony, and receive evidence as the
Commission considers appropriate. The Commission may administer oaths
or affirmations to witnesses appearing before it.
    (c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay for GS-15 of the
General Schedule. The services of an expert or consultant may be
procured without compensation if the expert or consultant agrees to
such an arrangement, in writing, in advance.
    (d) Support of Federal Agencies.--Upon request of the Commission,
the head of any Federal department or agency may provide support to the
Commission to assist it in carrying out its duties under section 5.

SEC. 7. TERMINATION OF COMMISSION.

    The Commission shall terminate 30 days after submission of its
report under section 5(6).

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $500,000 to carry out this
Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: Guam War Claims Review Commission Act - Establishes the Guam War Claims Review Commission to: (1) review the facts and circumstances surrounding the implementation and administration of the Guam Meritorious Claims Act and its effectiveness in addressing the war claims of American nationals residing on Guam between December 8, 1941, and July 21, 1944. (2) determine after review of documents and oral testimony whether there was parity of war claims paid to Guam residents under such Act as compared with awards made to other similarly affected US citizens or nationals in territory occupied by the Japanese during World War II. And (3) advise on any additional compensation that may be necessary to compensate the people of Guam for death, personal injury, forced labor, forced march, and internment. Authorizes appropriations.

To establish the Guam War Claims Review Commission.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SMA Treatment Acceleration Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Spinal muscular atrophy (SMA) is the number one genetic
        killer of children under the age of 2.
            (2) SMA is an inherited and often fatal disease that
        destroys the nerves controlling voluntary muscle movement,
        which affects crawling, walking, head and neck control, and
        even swallowing.
            (3) It is estimated that SMA occurs in nearly 1 of every
        6,000 births and is therefore similar in incidence and severity
        to other well-known genetic diseases such as cystic fibrosis
        and Duchenne muscular dystrophy, both of which may also benefit
        from additional focus and progress on SMA.
            (4) SMA is caused by the mutation of a single gene. This is
        extremely advantageous for genetic screening and therapeutic
        development. The gene mutation that causes SMA is carried by
        one in every 40 people, or approximately 7,500,000 Americans.
        Each child of 2 carriers of the mutant gene has a 1 in 4 chance
        of developing SMA.
            (5) The discovery of the gene responsible for the disease,
        SMN1, as well as a disease modifying ``back-up'' SMN2 gene has
        opened the door to new SMA treatments. Modulating genes exist
        not only for SMA but also for other genetic disorders,
        including Duchenne Muscular Dystrophy, Parkinson's, and
        Alzheimer's disease. The modulation of these genes might be
        expected to impact these disorders. Success with SMN2 induction
        for SMA will serve as an important proof of principle and
        impetus for ongoing research in these other conditions.
            (6) Based on the advanced genetic understanding of SMA, the
        disease was selected by the National Institutes of Health (NIH)
        and the National Institute of Neurological Disorders and Stroke
        (NINDS) as the prototype for the National Institutes of
        Health's accelerated drug discovery effort, singling out SMA as
        the disease closest to treatment of more than 600 neurological
        disorders.
            (7) In 2003, the National Institute of Neurological
        Disorders and Stroke (NINDS) established the Spinal Muscular
        Atrophy Project: A Collaborative Program to Accelerate
        Therapeutics Development for SMA. The SMA Project's unique
        collaborative process between private, public, and non-profit
        partners provides a model translational research program that
        can be replicated to accelerate the development of safe and
        effective treatments for a wide variety of disorders.
            (8) National non-profit organizations dedicated to finding
        a treatment and cure for SMA continue to provide substantial
        private funding and are collaborating with private
        biotechnology companies, large pharmaceutical companies, and
        clinical investigators to identify new drug compounds and
        facilitate the rapid translation of promising new therapies to
        individuals with SMA. The aforementioned investment by national
        non-profit organizations towards finding a treatment and cure
        for SMA is approximately equal, on an annual basis, to the
        resources committed by the Federal Government.
            (9) A Food and Drug Administration-approved SMA animal
        model exists that closely mimics the human disease. A number of
        therapeutics have been identified which are effective in animal
        models of spinal muscular atrophy.
            (10) There is an urgent need to provide Federal support
        enabling investigators to mount national clinical trials to
        demonstrate that these treatments are safe and effective for
        SMA patients.
            (11) The establishment and support of a national clinical
        trials network and a data coordinating center will promote
        rigorous patient evaluation using common protocols and allow
        investigators to study large numbers of patients to provide
        answers more rapidly than individual sites acting alone.
            (12) There is a demonstrated need for greater interagency
        coordination on SMA research and involvement by additional
        government partners to support the ongoing work of NINDS on the
        SMA Project as well the work of private SMA voluntary
        organizations, including most notably the need for active
        engagement by the National Institute of Child Health and Human
        Development (NICHD), along with support from the National
        Center for Research Resources, the Centers for Disease Control
        and Prevention, the Food and Drug Administration, and the
        Health Resources and Services Administration
            (13) Despite such landmark legislation as the Orphan Drug
        Act and the Best Pharmaceuticals for Children Act, additional
        incentives for industry to engage early in the drug development
        process and through to drug approval are warranted for diseases
        as severe and devastating in infant and children populations as
        SMA.
            (14) Educating the public and health care community
        throughout the country about this devastating disease is of
        paramount importance and is in every respect in the public
        interest and to the benefit of all communities. Furthermore,
        greater awareness of SMA may lead to the identification of pre-
        symptomatic SMA-afflicted children, which has significant
        benefits relative to clinical trials and the search for a
        treatment and cure.

SEC. 3. CLINICAL TRIALS NETWORK FOR SPINAL MUSCULAR ATROPHY.

    (a) Clinical Trials Network.--The Director of NIH, in coordination
with the Directors of the National Institute of Neurological Disorders
and Stroke and the National Institute of Child Health and Human
Development, shall provide for the upgrading and unification of
existing SMA clinical trial sites to establish a national clinical
trials network for SMA. The Director of NIH shall ensure that such
network--
            (1) conducts coordinated, multisite, clinical trials of
        pharmacological approaches to the treatment of SMA; and
            (2) rapidly and efficiently disseminates scientific
        findings to the field.
    (b) Data Coordinating Center.--The Director of NIH, in coordination
with the Directors of the National Institute of Neurological Disorders
and Stroke and the National Institute of Child Health and Human
Development, shall establish a data coordinating center with respect to
SMA to--
            (1) provide expert assistance in the design, conduct, data
        analysis, and data management of collaborative clinical and
        descriptive research projects;
            (2) provide appropriate and capable leadership and
        expertise in biostatistics, developmental study design, data
        management, data analysis, and project management, including
        staff and site training and quality assurance procedures;
            (3) provide research support activities in designing data
        collection modules, operational and procedure manuals, quality
        control systems, and a communications system for clinical site
        principal investigators, research coordinators, and other
        network staff;
            (4) organize and conduct multi-site monitoring activities;
        and
            (5) provide regular reports to the National Institute of
        Neurological Disorders and Stroke and the National Institute of
        Child Health and Human Development on enrollment and the
        allocation of resources.
    (c) Pre-Clinical Activities.--The Director of NIH, in coordination
with the Directors of the National Institute of Neurological Disorders
and Stroke and the National Institute of Child Health and Human
Development, shall expand and intensify programs of such Institutes
with respect to pre-clinical translation research and medicinal
chemistry related to SMA.

SEC. 4. NATIONAL PATIENT REGISTRY.

    (a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and Prevention,
shall enhance and provide ongoing support to the existing SMA patient
registry to provide for expanded research on the epidemiology of SMA.
    (b) Longitudinal Data.--In carrying out subsection (a), the
Secretary shall ensure the collection and analysis of longitudinal data
related to individuals of all ages with SMA, including infants, young
children, adolescents, and adults of all ages.

SEC. 5. NIH COORDINATING COMMITTEE ON SMA.

    (a) Coordinating Committee.--
            (1) In general.--The Secretary shall establish the Spinal
        Muscular Atrophy Coordinating Committee to coordinate
        activities across the National Institutes of Health and with
        other Federal health programs and activities relating to SMA.
            (2) Composition.--The Coordinating Committee shall consist
        of not more than 15 members to be appointed by the Secretary,
        of which--
                    (A) 2/3 of such members shall represent
                governmental agencies, including--
                            (i) the Directors (or their designees) of
                        the National Institute of Neurological
                        Disorders and Stroke, the National Institute of
                        Child Health and Human Development, other
                        national research institutes involved in
                        research with respect to SMA, and the National
                        Center for Research Resources;
                            (ii) representatives of all other Federal
                        departments, agencies, and advisory committees
                        whose programs involve health functions or
                        responsibilities relevant to SMA, including the
                        Centers for Disease Control and Prevention, the
                        Health Resources and Services Administration,
                        the Food and Drug Administration, and the
                        Advisory Committee on Heritable Disorders and
                        Genetic Diseases in Newborns and Children; and
                            (iii) representatives of other governmental
                        agencies that serve children with SMA, such as
                        the Department of Education; and
                    (B) 1/3 of such members shall be public members,
                including a broad cross section of persons affected
                with SMA, including parents or legal guardians,
                affected individuals, researchers, and clinicians.
            (3) Term.--Members of the Coordinating Committee appointed
        under paragraph (2)(B) shall be appointed for a term of 3
        years, and may serve for an unlimited number of terms if
        reappointed.
            (4) Chair.--
                    (A) In general.--With respect to SMA, the Chair of
                the Coordinating Committee shall serve as the principal
                advisor to the Secretary, the Assistant Secretary for
                Health, and the Director of NIH, and shall provide
                advice to the Director of the Centers for Disease
                Control and Prevention, the Commissioner of Food and
                Drugs, and to the heads of other relevant agencies.
                    (B) Appointment.--The Secretary shall appoint the
                Chair of the Coordinating Committee from among
                individuals nominated by the Coordinating Committee.
                The Chair shall be appointed for a term not to exceed 2
                years and may be reappointed for not more than 1
                additional term.
            (5) Administrative support; terms of service; other
        provisions.--The following shall apply with respect to the
        Coordinating Committee:
                    (A) The Secretary shall provide the Coordinating
                Committee with necessary and appropriate administrative
                support.
                    (B) The Coordinating Committee shall meet as
                determined appropriate by the Secretary, in
                consultation with the Chair of the Coordinating
                Committee, but no less than twice each year.
    (b) Study on Barriers to Drug Development.--
            (1) Study.--The Coordinating Committee shall conduct a
        study to identify current and potential future barriers to the
        development of drugs for treating SMA and other similar genetic
        disorders. Such study shall--
                    (A) identify barriers related to the activities of
                government, industry, and academic medicine;
                    (B) include substantial input from scientists and
                organizations with direct involvement in SMA research
                and drug development; and
                    (C) consider obstacles to drug development at all
                points along the research continuum from preclinical
                research to new drug approval.
            (2) Report to congress.--Not later than 1 year after the
        date of the enactment of this Act, the Coordinating Committee
        shall submit to the Congress a report on the results of the
        study described in paragraph (1) together with such
        recommendations for legislation or administrative action as the
        Coordinating Committee determines appropriate.

SEC. 6. NIH TRANS-INSTITUTE COLLABORATION ON SMA RESEARCH.

    (a) In General.--To ensure the success of the SMA Project that was
initiated and has been led by National Institute of Neurological
Disorders and Stroke, the Director of NIH shall establish a trans-
National Institutes of Health cooperative research initiative on SMA.
    (b) Duties.--The cooperative research initiative established under
subsection (a) shall consist of the following activities:
            (1) The Director of the National Institute of Neurological
        Disorders and Stroke shall report to the Director of NIH on the
        ongoing needs of the SMA Project and required next steps to
        ensure the continued success of the Project.
            (2) Based on the needs of the SMA Project identified in the
        report required by paragraph (1), the Director of the National
        Institute of Child Health and Human Development shall provide
        direct and ongoing support of SMA research and drug
        development.
            (3) The Director of NIH shall identify and promote
        opportunities for greater collaboration and involvement in SMA
        research and drug development by other national research
        institutes.

SEC. 7. DRUG DEVELOPMENT PROMOTION.

    Not later than 6 months after the date of the enactment of this
Act, the Secretary, in direct consultation with the Commissioner of
Food and Drugs and the Coordinating Committee, shall submit specific
recommendations to the Congress to improve and expand on the incentives
provided pursuant to the Orphan Drug Act (Public Law 97-414) and
related statutes to directly and indirectly promote SMA drug
development, such as through the creation of unique incentives for rare
pediatric treatments.

SEC. 8. EDUCATION AND AWARENESS ON SMA FOR HEALTH CARE PROFESSIONALS.

    (a) In General.--The Secretary shall establish and implement a
program to provide information and education on SMA to health
professionals and the general public, including information and
education on advances in the diagnosis and treatment of SMA and
training and continuing education through programs for scientists,
physicians, medical students, and other health professionals who
provide care for patients with SMA.
    (b) Stipends.--The Secretary may award stipends to health
professionals who are enrolled in training programs under this section.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) The term ``Director of NIH'' means the Director of the
        National Institutes of Health.
            (2) The term ``Coordinating Committee'' means the Spinal
        Muscular Atrophy Coordinating Committee.
            (3) The term ``Secretary'' means the Secretary of Health
        and Human Services.
            (4) The term ``SMA'' means spinal muscular atrophy.

Summary: SMA Treatment Acceleration Act - Requires the Director of the National Institutes of Health (NIH) to upgrade and unify existing spinal muscular atrophy (SMA) clinical trial sites to establish a national clinical trials network for SMA. Requires the Director of NIH to ensure that such network: (1) conducts coordinated, multisite, clinical trials of pharmacological approaches to the treatment of SMA. And (2) rapidly and effectively disseminates scientific findings to the field. Requires the Director of NIH to: (1) establish an SMA data coordinating center. And (2) expand and intensify NIH programs with respect to preclinical translation research and medicinal chemistry related to SMA. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance and provide ongoing support to the existing SMA patient registry to provide for expanded research on the epidemiology of SMA. Directs the Secretary to ensure the collection and analysis of longitudinal data related to individuals of all ages with SMA. Requires the Secretary to establish the Spinal Muscular Atrophy Coordinating Committee to: (1) coordinate activities across NIH and with other federal health programs and activities relating to SMA. And (2) conduct a study to identify barriers to the development of drugs for treating SMA and similar genetic disorders. Requires the Director of NIH to establish a trans-National Institutes of Health cooperative research initiative on SMA to ensure the success of the SMA projects led by the National Institute of Neurological Disorders and Stroke. Requires the Secretary to submit recommendations to Congress to improve and expand on incentives provided under the Orphan Drug Act and related statutes to promote SMA drug development.

To authorize the Secretary of Health and Human Services to conduct activities to rapidly advance treatments for spinal muscular atrophy, neuromuscular disease, and other pediatric diseases, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Elgin Stafford Mental Illness
Information Disclosure Act of 2012'' or ``Elgin's Law''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Mental illness is the leading cause of disability, as
        reflected in lost years of productive life, in North America,
        in Europe, and, increasingly, in the world. By 2020, major
        depressive illness will be the leading cause of disability in
        the world for women and children.
            (2) Mental illnesses strike individuals in the prime of
        their lives, often during adolescence and young adulthood. All
        ages are susceptible, but the young and the old are especially
        vulnerable.
            (3) Without treatment, the consequences of mental illness
        for the individual and society are staggering, including
        unnecessary disability, unemployment, substance abuse,
        homelessness, inappropriate incarceration, suicide, wasted
        lives, and an economic cost of more than $100 billion each year
        in the United States.
            (4) The best treatments for serious mental illnesses today
        are highly effective so that between 70 and 90 percent of
        individuals with serious mental illness have significant
        reduction of symptoms and improved quality of life with a
        combination of pharmacological and psychosocial treatments and
        supports.
            (5) Since early identification and treatment is of vital
        importance in treating mental illness, especially for children
        and young adults, the active, knowledgeable, and sympathetic
        involvement of parents and legal guardians is to be encouraged
        to the maximum extent practicable, consistent with generally
        accepted and established clinical practice.

SEC. 3. DISCLOSURE TO PARENTS AND LEGAL GUARDIANS OF MENTAL ILLNESS
              TREATMENT OF CHILDREN UNDER THE AGE OF 26.

    (a) In General.--In the case of a covered individual (as defined in
subsection (e)(1)) who is being treated for mental illness by a health
care professional, subject to subsection (b), the health care
professional shall disclose to a parent (if any) of the individual such
information regarding the mental illness and treatment for mental
illness as may be useful for the appropriate involvement of the parent
with respect to the treatment.
    (b) Exceptions.--Subsection (a) shall not apply in such exceptional
circumstances as the Secretary may provide by regulation where the
involvement of the parent would be counter-productive to the treatment
involved.
    (c) Application of HIPAA Privacy Regulations.--For purposes of
applying the HIPAA privacy regulations, the disclosure of information
under this section shall be treated as a permissible disclosure not
requiring the consent of the covered individual involved.
    (d) Publication and Notice on Department Websites.--The Secretary
shall post information on the requirements of this section on such
websites of the Department of Health and Human Services as may be
appropriate to inform the public and health care professionals.
    (e) Definitions.--In this section:
            (1) Covered individual.--The term ``covered individual''
        means an individual who--
                    (A) is--
                            (i) a minor child;
                            (ii) an uninsured adult under the age of
                        26; or
                            (iii) an adult under the age of 26 who is
                        covered as a dependent under the health
                        benefits coverage of a parent; and
                    (B) is being treated for mental illness by a health
                care professional.
            (2) Health benefits coverage.--The term ``health benefits
        coverage'' has the meaning given the term ``minimum essential
        coverage'' in section 5000A(f)(1) of the Internal Revenue Code
        of 1986.
            (3) HIPAA privacy regulations.--The term ``HIPAA privacy
        regulations'' has the meaning given the term ``HIPAA privacy
        regulation'' in section 1180(b)(3) of the Social Security Act
        (42 U.S.C. 1320d-9(b)(3)).
            (4) Mental illness.--The term ``mental illness'' means a
        chronic illness such as schizophrenia, schizoaffective
        disorder, bipolar disorder, and major clinical depression, and
        such term includes other conditions contained in the Diagnostic
        and Statistical Manual of Mental Disorders IV published by the
        American Psychiatric Association (or any successor publication
        by such Association).
            (5) Parent.--The term ``parent'' includes a legal guardian.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.
            (7) Uninsured.--An individual shall be treated as uninsured
        if the individual is not covered under any health benefits
        coverage.

Summary: Elgin Stafford Mental Illness Information Disclosure Act of 2012 or Elgin's Law - Requires a health care professional to disclose to a parent of a covered individual being treated for a mental illness any information regarding the mental illness and treatment which may be useful for the parent's appropriate involvement with the treatment. Excludes exceptional circumstances where parental involvement would be counter-productive to treatment. Makes such a disclosure permissible under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as not requiring consent of the covered individual. Applies this Act to a minor child, an uninsured adult under age 26, or an adult under age 26 who is included as a dependent under the parent's health benefits coverage.

To require the disclosure to parents of information regarding mental illness treatment for their children under the age of 26.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Device User Fee
Stabilization Act of 2005''.

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

    (a) Device User Fees.--Section 738 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j) is amended--
        (1) in subsection (b)--
            (A) after ``2004;'', by inserting ``and''; and
            (B) by striking ``2005;'' and all that follows through
        ``2007'' and inserting ``2005'';
        (2) in subsection (c)--
            (A) by striking the heading and inserting ``Annual Fee
        Setting.--'';
            (B) by striking paragraphs (1), (2), (3), and (4);
            (C) by redesignating paragraphs (5) and (6) as paragraphs
        (1) and (2), respectively;
            (D) in paragraph (1), as so redesignated, by--
                (i) striking the heading and inserting ``In general.--
            '';
                (ii) striking ``establish, for the next fiscal year,
            and'' and all that follows through ``the fees'' and
            inserting ``publish in the Federal Register fees under
            subsection (a). The fees'';
                (iii) striking ``2003'' and inserting ``2006''; and
                (iv) striking ``$154,000.'' and inserting ``$259,600,
            and the fees established for fiscal year 2007 shall be
            based on a premarket application fee of $281,600.''; and
            (E) by adding at the end the following:
        ``(3) Supplement.--
            ``(A) In general.--For fiscal years 2006 and 2007, the
        Secretary may use unobligated carryover balances from fees
        collected in previous fiscal years to ensure that sufficient
        fee revenues are available in that fiscal year, so long as the
        Secretary maintains unobligated carryover balances of not less
        than 1 month of operating reserves for the first month of
        fiscal year 2008.
            ``(B) Notice to congress.--Not later than 14 days before
        the Secretary anticipates the use of funds described in
        subparagraph (A), the Secretary shall provide notice to the
        Committee on Health, Education, Labor, and Pensions and the
        Committee on Appropriations of the Senate and the Committee on
        Energy and Commerce and the Committee on Appropriations of the
        House of Representatives.'';
        (3) in subsection (d)--
            (A) in paragraph (1), by inserting after the first sentence
        the following: ``For the purposes of this paragraph, the term
        `small business' means an entity that reported $30,000,000 or
        less of gross receipts or sales in its most recent Federal
        income tax return for a taxable year, including such returns of
        all of its affiliates, partners, and parent firms.''; and
            (B) in paragraph (2)(A), by--
                (i) striking ``(i) In general.--'';
                (ii) striking ``subsection,'' and inserting
            ``paragraph,'';
                (iii) striking ``$30,000,000'' and inserting
            ``$100,000,000''; and
                (iv) striking clause (ii);
        (4) in subsection (e)(2)(A), by striking ``$30,000,000'' and
    inserting ``$100,000,000'';
        (5) in subsection (g)(1)--
            (A) in subparagraph (B)--
                (i) by striking clause (i) and inserting the following:
                ``(i) For fiscal year 2005, the Secretary is expected
            to meet all of the performance goals identified for the
            fiscal year if the amount so appropriated for such fiscal
            year, excluding the amount of fees appropriated for such
            fiscal year, is equal to or greater than $205,720,000
            multiplied by the adjustment factor applicable to the
            fiscal year.''; and
                (ii) in clause (ii), by striking the matter preceding
            subclause (I) and inserting the following:
                ``(ii) For fiscal year 2005, if the amount so
            appropriated for such fiscal year, excluding the amount of
            fees appropriated for such fiscal year, is more than 1
            percent less than the amount that applies under clause (i),
            the following applies:'';
            (B) in subparagraph (C)--
                (i) in the matter preceding clause (i), by--

                    (I) striking ``2003 through'' and inserting ``2005
                and''; and
                    (II) inserting ``more than 1 percent'' after
                ``years, is''; and

                (ii) in clause (ii), by striking ``sum'' and inserting
            ``amount''; and
            (C) in subparagraph (D)(i), by inserting ``more than 1
        percent'' after ``year, is'';
        (6) in subsection (h)(3)--
            (A) in subparagraph (C), by striking the semicolon and
        inserting ``; and''; and
            (B) by striking subparagraphs (D) and (E) and inserting the
        following:
            ``(D) such sums as may be necessary for each of fiscal
        years 2006 and 2007.''; and
        (7) by striking ``subsection (c)(5)'' each place it appears and
    inserting ``subsection (c)(1)''.
    (b) Annual Reports.--Section 103 of the Medical Device User Fee and
Modernization Act of 2002 (Public Law 107-250 (116 Stat. 1600)) is
amended--
        (1) by striking ``Beginning with'' and inserting ``(a) In
    General.--Beginning with''; and
        (2) by adding at the end the following:
    ``(b) Additional Information.--For fiscal years 2006 and 2007, the
report described under subsection (a)(2) shall include--
        ``(1) information on the number of different types of
    applications and notifications, and the total amount of fees paid
    for each such type of application or notification, from businesses
    with gross receipts or sales from $0 to $100,000,000, with such
    businesses categorized in $10,000,000 intervals; and
        ``(2) a certification by the Secretary that the amounts
    appropriated for salaries and expenses of the Food and Drug
    Administration for such fiscal year and obligated by the Secretary
    for the performance of any function relating to devices that is not
    for the process for the review of device applications, as defined
    in paragraph (5) of section 737 of the Federal Food, Drug, and
    Cosmetic Act (21 U.S.C. 379i), are not less than such amounts for
    fiscal year 2002 multiplied by the adjustment factor, as defined in
    paragraph (7) of such section 737.''.
    (c) Misbranded Devices.--
        (1) In general.--Section 502(u) of the Federal Food, Drug, and
    Cosmetic Act (21 U.S.C. 352(u)) is amended to read as follows:
    ``(u)(1) Subject to paragraph (2), if it is a reprocessed single-
use device, unless it, or an attachment thereto, prominently and
conspicuously bears the name of the manufacturer of the reprocessed
device, a generally recognized abbreviation of such name, or a unique
and generally recognized symbol identifying such manufacturer.
    ``(2) If the original device or an attachment thereto does not
prominently and conspicuously bear the name of the manufacturer of the
original device, a generally recognized abbreviation of such name, or a
unique and generally recognized symbol identifying such manufacturer, a
reprocessed device may satisfy the requirements of paragraph (1)
through the use of a detachable label on the packaging that identifies
the manufacturer and is intended to be affixed to the medical record of
a patient.''.
        (2) Guidance.--Not later than 180 days after the date of
    enactment of this Act, the Secretary of Health and Human Services
    shall issue guidance to identify circumstances in which the name of
    the manufacturer of the original device, a generally recognized
    abbreviation of such name, or a unique and generally recognized
    symbol identifying such manufacturer, is not ``prominent and
    conspicuous'', as used in section 502(u) of Federal Food, Drug, and
    Cosmetic Act (as amended by paragraph (1)).
    (d) Effective Date.--Section 301(b) of the Medical Device User Fee
and Modernization Act of 2002 (Public Law 107-250 (116 Stat. 1616)), as
amended by section 2(c) of Public Law 108-214 (118 Stat. 575), is
amended to read as follows:
    ``(b) Effective Date.--Section 502(u) of the Federal Food, Drug,
and Cosmetic Act (as amended by section 2(c) of the Medical Device User
Fee Stabilization Act of 2005)--
        ``(1) shall be effective--
            ``(A) with respect to devices described under paragraph (1)
        of such section, 12 months after the date of enactment of the
        Medical Device User Fee Stabilization Act of 2005, or the date
        on which the original device first bears the name of the
        manufacturer of the original device, a generally recognized
        abbreviation of such name, or a unique and generally recognized
        symbol identifying such manufacturer, whichever is later; and
            ``(B) with respect to devices described under paragraph (2)
        of such section 502(u), 12 months after such date of enactment;
        and
        ``(2) shall apply only to devices reprocessed and introduced or
    delivered for introduction in interstate commerce after such
    applicable effective date.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: Medical Device User Fee Stabilization Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to adjust medical device user fees . Repeals the fee revenue target amounts for FY2006 and FY2007. Eliminates the inflation, workload, compensating, and final year adjustments of revenues used for setting fees. Sets the premarket application fee for devices for FY2006 and FY2007. Allows the Secretary of Health and Human Services to use unobligated carryover balances from fees collected in previous fiscal years with notice to the appropriate congressional committees. Increases the annual gross receipts or sales threshold below which businesses are eligible for reduced fees or a waiver of fees by the Secretary. Removes the prohibition against the Secretary assessing fees unless certain cumulative fee revenues were met for FY2003 through 2006. Requires the Secretary to include in annual reports to Congress: (1) information on the number and total amount of fees paid for each different type of application or notification from small businesses. And (2) a certification that the amounts obligated for the performance of functions other than the review of device applications is not less than such amount for FY2002 multiplied by the adjustment factor. Deems as branded any reprocessed single use device unless it identifies the manufacturer, but allows such information to be provided by a detachable label intended to be affixed to the medical record of a patient.

To amend the Federal Food, Drug, and Cosmetic Act with respect to medical device user fees.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marriage Penalty Relief Act of
2003''.

SEC. 2. ACCELERATION OF MARRIAGE PENALTY RELIEF PROVISIONS.

    (a) Elimination of Marriage Penalty in Standard Deduction.--
            (1) In general.--Paragraph (2) of section 63(c) of the
        Internal Revenue Code of 1986 (relating to standard deduction)
        is amended--
                    (A) by striking ``$5,000'' in subparagraph (A) and
                inserting ``200 percent of the dollar amount in effect
                under subparagraph (C) for the taxable year'';
                    (B) by adding ``or'' at the end of subparagraph
                (B);
                    (C) by striking ``in the case of'' and all that
                follows in subparagraph (C) and inserting ``in any
                other case.''; and
                    (D) by striking subparagraph (D).
            (2) Technical amendments.--
                    (A) Subparagraph (B) of section 1(f)(6) of such
                Code is amended by striking ``(other than with'' and
                all that follows through ``shall be applied'' and
                inserting ``(other than with respect to sections
                63(c)(4) and 151(d)(4)(A)) shall be applied''.
                    (B) Paragraph (4) of section 63(c) of such Code is
                amended by adding at the end the following flush
                sentence:
        ``The preceding sentence shall not apply to the amount referred
        to in paragraph (2)(A).''.
            (3) Effective date.--The amendments made by this subsection
        shall apply to taxable years beginning after December 31, 2002.
    (b) Elimination of Marriage Penalty in 15-Percent Bracket.--
            (1) In general.--Section 1(f) of the Internal Revenue Code
        of 1986 (relating to adjustments in tax tables so that
        inflation will not result in tax increases) is amended by
        adding at the end the following new paragraph:
            ``(8) Elimination of marriage penalty in 15-percent
        bracket.--
                    ``(A) In general.--With respect to taxable years
                beginning after December 31, 2002, in prescribing the
                tables under paragraph (1)--
                            ``(i) the maximum taxable income in the 15-
                        percent rate bracket in the table contained in
                        subsection (a) (and the minimum taxable income
                        in the next higher taxable income bracket in
                        such table) shall be 200 percent of the maximum
                        taxable income in the 15-percent rate bracket
                        in the table contained in subsection (c) (after
                        any other adjustment under this subsection),
                        and
                            ``(ii) the comparable taxable income
                        amounts in the table contained in subsection
                        (d) shall be \1/2\ of the amounts determined
                        under clause (i).
                    ``(B) Rounding.--If any amount determined under
                subparagraph (A)(i) is not a multiple of $50, such
                amount shall be rounded to the next lowest multiple of
                $50.''.
            (2) Technical amendments.--
                    (A) Subparagraph (A) of section 1(f)(2) of such
                Code is amended by inserting ``except as provided in
                paragraph (8),'' before ``by increasing''.
                    (B) The heading for subsection (f) of section 1 is
                amended by inserting ``Elimination of Marriage Penalty
                in 15-Percent Bracket;'' before ``Adjustments''.
            (3) Effective date.--The amendments made by this subsection
        shall apply to taxable years beginning after December 31, 2002.
    (c) Marriage Penalty Relief for Earned Income Credit.--
            (1) Increased phaseout amount.--
                    (A) In general.--Section 32(b)(2)(B) of the
                Internal Revenue Code of 1986 (relating to amounts) is
                amended by striking ```increased by--'' and all that
                follows and inserting ``increased by $3,000.''.
                    (B) Inflation adjustment.--Paragraph (1)(B)(ii) of
                section 32(j) of such Code (relating to inflation
                adjustments) is amended to read as follows:
                            ``(ii) in the case of the $3,000 amount in
                        subsection (b)(2)(B), by substituting `calendar
                        year 2003' for `calendar year 1992' in
                        subparagraph (B) of such section 1.''.
                    (C) Effective date.--The amendments made by this
                paragraph shall apply to taxable years beginning after
                December 31, 2002.
            (2) Expansion of mathematical error authority.--
                    (A) In general.--Paragraph (2) of section 6213(g)
                of such Code is amended by striking ``and'' at the end
                of subparagraph (K), by striking the period at the end
                of subparagraph (L) and inserting ``, and'', and by
                inserting after subparagraph (L) the following new
                subparagraph:
                    ``(M) the entry on the return claiming the credit
                under section 32 with respect to a child if, according
                to the Federal Case Registry of Child Support Orders
                established under section 453(h) of the Social Security
                Act, the taxpayer is a noncustodial parent of such
                child.''.
                    (B) Effective date.--The amendment made by this
                paragraph shall take effect on January 1, 2003.
    (d) Conforming Amendments.--
            (1) Repeal of amendments.--Sections 301, 302, and 303(g) of
        the Economic Growth and Tax Relief Reconciliation Act of 2001
        are repealed.
            (2) Repeal of sunset.--Title IX of the Economic Growth and
        Tax Relief Reconciliation Act of 2001 (relating to sunset of
        provisions of such Act) shall not apply to section 303 (other
        than subsection (g) of such section) of such Act (relating to
        marriage penalty relief).

Summary: Marriage Penalty Relief Act of 2003 - Amends the Internal Revenue Code (IRC) to provide that the basic standard deduction on a joint return shall be equal to 200 percent of the dollar amount of an individual who is not married. Makes the maximum taxable income in the lowest joint bracket equal to double the maximum taxable income in the lowest single filer bracket. Increases the earned income credit phaseout amount on a joint return by $3,000.

A bill to eliminate the marriage tax penalty permanently in 2003.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pro-Growth Budgeting Act of 2012''.

SEC. 2. MACROECONOMIC IMPACT ANALYSES.

    (a) In General.--Part A of title IV of the Congressional Budget Act
of 1974 is amended by adding at the end the following new section:

          ``macroeconomic impact analysis of major legislation

    ``Sec. 407.  (a) Congressional Budget Office.--The Congressional
Budget Office shall, to the extent practicable, prepare for each major
bill or resolution reported by any committee of the House of
Representatives or the Senate (except the Committee on Appropriations
of each House), as a supplement to estimates prepared under section
402, a macroeconomic impact analysis of the budgetary effects of such
bill or resolution for the ten fiscal-year period beginning with the
first fiscal year for which an estimate was prepared under section 402
and each of the next three ten fiscal-year periods. Such estimate shall
be predicated upon the supplemental projection described in section
202(e)(4). The Director shall submit to such committee the
macroeconomic impact analysis, together with the basis for the
analysis. As a supplement to estimates prepared under section 402, all
such information so submitted shall be included in the report
accompanying such bill or resolution.
    ``(b) Economic Impact.--The analysis prepared under subsection (a)
shall describe the potential economic impact of the applicable major
bill or resolution on major economic variables, including real gross
domestic product, business investment, the capital stock, employment,
interest rates, and labor supply. The analysis shall also describe the
potential fiscal effects of the bill or resolution, including any
estimates of revenue increases or decreases resulting from changes in
gross domestic product. To the extent practicable, the analysis should
use a variety of economic models in order to reflect the full range of
possible economic outcomes resulting from the bill or resolution. The
analysis (or a technical appendix to the analysis) shall specify the
economic and econometric models used, sources of data, relevant data
transformations, and shall include such explanation as is necessary to
make the models comprehensible to academic and public policy analysts.
    ``(c) Definitions.--As used in this section--
            ``(1) the term `macroeconomic impact analysis' means--
                    ``(A) an estimate of the changes in economic
                output, employment, interest rates, capital stock, and
                tax revenues expected to result from enactment of the
                proposal;
                    ``(B) an estimate of revenue feedback expected to
                result from enactment of the proposal; and
                    ``(C) a statement identifying the critical
                assumptions and the source of data underlying that
                estimate;
            ``(2) the term `major bill or resolution' means any bill or
        resolution if the gross budgetary effects of such bill or
        resolution for any fiscal year in the period for which an
        estimate is prepared under section 402 is estimated to be
        greater than .25 percent of the current projected gross
        domestic product of the United States for any such fiscal year;
            ``(3) the term `budgetary effect', when applied to a major
        bill or resolution, means the changes in revenues, outlays,
        deficits, and debt resulting from that measure; and
            ``(4) the term `revenue feedback' means changes in revenue
        resulting from changes in economic growth as the result of the
        enactment of any major bill or resolution.''.
    (b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget Act of 1974 is amended by
inserting after the item relating to section 406 the following new
item:

``Sec. 407. Macroeconomic impact analysis of major legislation.''.

SEC. 3. ADDITIONAL CBO REPORT TO BUDGET COMMITTEES.

    Section 202(e) of the Congressional Budget Act of 1974 is amended
by adding at the end the following new paragraphs:
            ``(4)(A) After the President's budget submission under
        section 1105(a) of title 31, United States Code, in addition to
        the baseline projections, the Director shall submit to the
        Committees on the Budget of the House of Representatives and
        the Senate a supplemental projection assuming extension of
        current tax policy for the fiscal year commencing on October 1
        of that year with a supplemental projection for the 10 fiscal-
        year period beginning with that fiscal year, assuming the
        extension of current tax policy.
            ``(B) For the purposes of this paragraph, the term `current
        tax policy' means the tax policy in statute as of December 31
        of the current year assuming--
                    ``(i) the budgetary effects of measures extending
                the Economic Growth and Tax Relief Reconciliation Act
                of 2001;
                    ``(ii) the budgetary effects of measures extending
                the Jobs and Growth Tax Relief Reconciliation Act of
                2003;
                    ``(iii) the continued application of the
                alternative minimum tax as in effect for taxable years
                beginning in 2011 pursuant to title II of the Tax
                Relief, Unemployment Insurance Reauthorization, and Job
                Creation Act of 2010, assuming that for taxable years
                beginning after 2011 the exemption amount shall equal--
                            ``(I) the exemption amount for taxable
                        years beginning in 2011, as indexed for
                        inflation; or
                            ``(II) if a subsequent law modifies the
                        exemption amount for later taxable years, the
                        modified exemption amount, as indexed for
                        inflation; and
                    ``(iv) the budgetary effects of extending the
                estate, gift, and generation-skipping transfer tax
                provisions of title III of the Tax Relief, Unemployment
                Insurance Reauthorization, and Job Creation Act of
                2010.
            ``(5) On or before July 1 of each year, the Director shall
        submit to the Committees on the Budget of the House of
        Representatives and the Senate, the Long-Term Budget Outlook
        for the fiscal year commencing on October 1 of that year and at
        least the ensuing 40 fiscal years.''.

            Passed the House of Representatives February 2, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Pro-Growth Budgeting Act of 2012 - Amends the Congressional Budget Act of 1974 (CBA) to require the Congressional Budget Office (CBO) to prepare for each major bill or resolution reported by any congressional committee , as a supplement to CBO cost estimates, a macroeconomic impact analysis of the budgetary effects of such legislation for the 10-fiscal year period beginning with the first fiscal year for which such estimate was prepared and each of the next three 10-fiscal year periods. Defines major bill or resolution as any bill or resolution whose budgetary effects, for any fiscal year in the period for which a CBO cost estimate is prepared, is estimated to be greater than .25 of the current projected US gross domestic product (GDP) for that fiscal year. Requires the analysis to describe: (1) the potential economic impact of the bill or resolution on major economic variables, including real GDP, business investment, the capital stock, employment, interest rates, and labor supply. And (2) the potential fiscal effects of the measure, including any estimates of revenue increases or decreases resulting from changes in GDP. Requires the analysis to specify the economic and econometric models used, sources of data, relevant data transformations, as well as any explanation necessary to make the models comprehensible to academic and public policy analysts. Amends CBA to require the CBO Director, after the President's budget submission and in addition to the baseline projections, to report a supplemental projection to the congressional budget committees, assuming extension of current tax policy for the fiscal year commencing on October 1 of that year, with a supplemental projection for the 10-fiscal year period beginning with that fiscal year, again assuming the extension of current tax policy. Defines current tax policy as the tax policy in statute as of December 31 of the current year, assuming: (1) the budgetary effects of measures extending the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and Growth Tax Relief Reconciliation Act of 2003. (2) the continued application of the alternative minimum tax (AMT) as in effect for taxable years beginning in 2011, with a specified assumption for taxable years beginning after 2011. And (3) the budgetary effects of extending the estate, gift, and generation-skipping transfer tax provisions of title III of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. Requires CBO to report to such committees, on or before July 1 of each year, the Long-Term Budget Outlook for: (1) the fiscal year commencing on October 1 of that year, and (2) at least the ensuing 40 fiscal years.

To amend the Congressional Budget Act of 1974 to provide for macroeconomic analysis of the impact of legislation.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Workplace Fairness Act of 1996''.

SEC. 2. DISCRIMINATION PROHIBITED.

    A covered entity shall not subject an individual to different
standards or treatment on any basis other than factors pertaining to
job performance in connection with employment or employment
opportunities, or beginning on the 91st day of employment following
hire or rehire, the compensation, terms conditions, or privileges of
employment.

SEC. 3. QUOTAS PROHIBITED.

    A covered entity shall not adopt or implement a quota pursuant to
this Act on any basis other than factors pertaining to job performance.

SEC. 4. RELIGIOUS EXEMPTION.

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

SEC. 5. ENFORCEMENT.

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

SEC. 7. STATE AND FEDERAL IMMUNITY.

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

SEC. 8. ATTORNEYS' FEES.

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

SEC. 9. POSTING NOTICES.

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

SEC. 10. REGULATIONS.

    The Commission shall have authority to issue regulations to carry
out this Act.

SEC. 11. RELATIONSHIP TO OTHER LAWS.

    This Act shall not invalidate or limit the rights, remedies, or
procedures available to an individual under title VII of the Civil
Rights Act of 1964, or any other Federal law or any law of a State or
political subdivision of a State.

SEC. 12. SEVERABILITY.

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

SEC. 13. EFFECTIVE DATE.

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

SEC. 14. DEFINITIONS.

    As used in this Act:
            (1) The term ``Commission'' means the Equal Employment
        Opportunity Commission.
            (2) The term ``covered entity'' means an employer,
        employment agency, labor organization, joint labor management
        committee, an entity to which section 717(a) of the Civil
        Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing
        authority to which section 302(a)(1) of the Government Employee
        Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an
        employing authority to which section 201(a) of the
        Congressional Accountability Act of 1995 (Public Law 104-1; 109
        Stat. 3) applies.
            (3) The term ``employer'' has the meaning given such term
        in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(b)), except that a reference in such section to employees
        shall be deemed for purposes of this Act to be a reference to
        full-time employees.
            (4) The term ``employment agency'' has the meaning given
        such term in section 701(c) of the Civil Rights Act of 1964 (42
        U.S.C. 2000e(c)).
            (5) The term ``employment or employment opportunities''
        includes job application procedures, hiring, advancement,
        discharge, compensation, job training, or any other term,
        condition, or privilege of employment.
            (6) The term ``labor organization'' has the meaning given
        such term in section 701(d) of the Civil Rights Act of 1964 (42
        U.S.C. 2000e(d)).
            (7) The term ``person'' has the meaning given such term in
        section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(a)).
            (8) The term ``factors pertaining to job performance''
        means--
                    (A) employment history, including referrals from
                previous employers,
                    (B) ability and willingness to comply with the
                performance requirements (including attendance and
                procedures) of the particular employment involved,
                    (C) educational background,
                    (D) any use of a drug or of alcohol, that may
                adversely affect job performance,
                    (E) any conviction of an offense for which a term
                of imprisonment exceeding 1 year could have been
                imposed,
                    (F) any conflict of interest relating to the
                particular employment involved,
                    (G) seniority recognized under an applicable bona
                fide seniority system,
                    (H) ability to work well with others (cooperation
                and teamwork), and
                    (I) insubordination.
            (9) The term ``religious organization'' means--
                    (A) a religious corporation, association, or
                society, or
                    (B) a college, school, university, or other
                educational institution, not otherwise a religious
                organization, if--
                            (i) it is in whole or substantial part
                        controlled, managed, owned, or supported by a
                        religious corporation, association, or society,
                        or
                            (ii) its curriculum is directed toward the
                        propagation of a particular religion.
            (10) The term ``State'' has the meaning given such term in
        section 701(i) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(i)).

Summary: Workplace Fairness Act of 1996 - Prohibits employment discrimination on any basis other than job performance by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Prohibits quotas. Declares that this Act does not apply to religious organizations . Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies to the same extent as a private person. Allows recovery of attorney's fees. Requires posting notices for employees and applicants. Sets forth factors that pertain to job performance, including ability and willingness to comply with performance requirements , any use of a drug or of alcohol that may adversely affect job performance, any conviction of an offense for which a term of imprisonment exceeding one year could have been imposed, and the ability to work well with others.

Workplace Fairness Act of 1996


<greek-th> x

SECTION 1. SHORT TITLE. <greek-th> x

    This Act may be cited as the ``Child Modeling Exploitation
Prevention Act''.<greek-th> x

SEC. 2. FINDINGS. <greek-th> x

    The Congress finds the following:<greek-th> x
            (1) The use of children in the production of exploitive
        child modeling, including on Internet websites, in photographs,
        films, videos, and other visual depictions, is a form of child
        abuse that can result in physical and psychological harm to the
        children involved. <greek-th> x
            (2) Exploitive child modeling is different from other,
        legitimate, child modeling because exploitive child modeling
        involves marketing the child himself or herself in lascivious
        positions and acts, rather than actually marketing products to
        average American consumers. <greek-th> x
            (3) The purpose of exploitive child modeling is to satisfy
        the demand of pedophiles. <greek-th> x
            (4) Unlike legitimate child modeling, exploitive child
        modeling may involve a direct and personal interaction between
        the child model and the pedophile. The pedophile often knows
        the child's name and has a way of communicating with the child.
        <greek-th> x
            (5) The interaction between the exploited child model and
        the pedophile can lead the child to trust pedophiles and to
        believe that it is acceptable and safe to meet with pedophiles
        in private. <greek-th> x
            (6) Over 70 percent of convicted pedophiles have used child
        pornography or exploitive child modeling depictions to whet
        their sexual appetites. Because children are used in its
        production, exploitive child modeling can place the child in
        danger of being abducted, abused, or murdered by the pedophiles
        who view such depictions. <greek-th> x
            (7) These exploitive exhibitions of children are
        unacceptable by social standards and lead to a direct harm to
        the children involved. <greek-th> x

SEC. 3. EMPLOYMENT IN EXPLOITIVE CHILD MODELING. <greek-th> x

    (a) Prohibition on Employment.--Section 12 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end
the following:<greek-th> x
    ``(e)(1) No employer may employ a child model in exploitive child
modeling.<greek-th> x
    ``(2) Notwithstanding section 16(a), whoever violates paragraph (1)
shall be fined under title 18 or imprisoned not more than 10 years, or
both.<greek-th> x
    ``(3)(A) In this subsection, the term `exploitive child modeling'
means modeling involving the use of a child under 17 years old for
financial gain without the purpose of marketing a product or service
other than the image of the child.<greek-th> x
    ``(B) Such term applies to any such use, regardless of whether the
employment relationship of the child is direct or indirect, or
contractual or noncontractual, or is termed that of an independent
contractor.<greek-th> x
    ``(C) Such term does not apply to an image which, taken as a whole,
has serious literary, artistic, political, or scientific
value.''.<greek-th> x
    (b) Oppressive Child Labor.--Section 3(l) of such Act (29 U.S.C.
203(l)) is amended--<greek-th> x
            (1) by striking ``(1) any'' and inserting ``(A)
        any'';<greek-th> x
            (2) by striking ``(2) any'' and inserting ``(B)
        any'';<greek-th> x
            (3) by inserting ``(1)'' after ``(l)''; and<greek-th> x
            (4) by adding at the end the following new
        paragraph:<greek-th> x
    ``(2) Such term includes employment of a minor in violation of
section 12(e)(1).''.<greek-th> x

SEC. 4. EXPLOITIVE CHILD MODELING OFFENSE. <greek-th> x

    (a) In General.--110 of title 18, United States Code, is amended by
inserting after section 2252A the following:<greek-th> x
``2252B. Exploitive child modeling<greek-th> x
    ``(a) In General.--Except as provided in subsection (b), whoever,
in or affecting interstate or foreign commerce, with the intent to make
a financial gain thereby--displays or offers to provide the image of an
individual engaged in exploitive child modeling (as defined in section
12(e) of the Fair Labor Standards Act of 1938) shall be fined under
this title or imprisoned not more than 10 years, or both.<greek-th> x
    ``(b) Exception.--This section does not apply to an image which,
taken as a whole, has serious literary, artistic, political, or
scientific value.''.<greek-th> x
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 110 of title 18, United States Code, is amended by inserting
after the item relating to section 2252A the following:<greek-th> x

<greek-th> x <greek-th><greek-e>``2252B. Exploitive child
                            modeling.''.<greek-th><greek-e>

Summary: Child Modeling Exploitation Prevention Act - Amends the Fair Labor Standards Act of 1938 to prohibit an employer from employing a child model in exploitive child modeling. Defines exploitive child modeling as modeling involving the use of a child under 17 years old for financial gain without the purpose of marketing a product or service other than the child's image, regardless of whether the employment relationship of the child is direct or indirect, contractual or non-contractual, or is termed that of an independent contractor. Provides that such term does not apply to an image which, taken as a whole, has serious literary, artistic, political, or scientific value. Sets penalties for violations. Includes employment of a minor in violation of such provision within the definition of oppressive child labor. Amends the Federal criminal code to prohibit displaying or offering to provide the image of an individual engaged in exploitive child modeling, in or affecting interstate or foreign commerce, with the intent to make a financial gain, except with respect to an image which has serious literary, artistic, political, or scientific value.

To protect children from exploitive child modeling, and for other purposes.