SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Seniors' Medicare Choices
from Obamacare Act of 2014''.

SEC. 2. ELIMINATING PPACA ENHANCED MEDICAID FMAP FOR PRISONERS AND
              APPLYING SAVINGS TO MEDICARE ADVANTAGE IMPROVEMENT FUND.

    (a) Elimination of PPACA Enhanced Medicaid FMAP for Prisoners.--
            (1) In general.--Section 1905 of the Social Security Act
        (42 U.S.C. 1396d) is amended--
                    (A) in subsection (y)(2)(A), by adding at the end
                the following: ``Such term does not include an
                individual described in such subparagraph during the
                period in which the individual is an inmate in a public
                institution or in which the public institution
                maintains jurisdiction over the individual.''; and
                    (B) in subsection (z)(1)(A), by inserting before
                the period at the end the following: ``and who are not
                inmates of a public institution (or individuals over
                whom a public institution maintains jurisdiction)''.
            (2) Effective date.--The amendments made by paragraph (1)
        shall apply to items and services furnished on or after January
        1, 2015.
    (b) Application of Savings to 2015 to Establishment of 2015
Medicare Advantage Stabilization Program.--Section 1859 of the Social
Security Act (42 U.S.C. 1395w-28) is amended by adding at the end the
following new subsection:
    ``(h) 2015 Medicare Advantage Stabilization Program.--
            ``(1) Establishment.--There is established a Medicare
        Advantage stabilization program (in this subsection referred to
        as the `stabilization program') under which the Secretary
        shall, subject to paragraph (6), provide a PMPM stabilization
        funding amount to each eligible Medicare Advantage plan in
        accordance with this subsection to be used by such plan for
        plan year 2015 to address the beneficiary plan inadequacies
        applicable to such plan (as described in paragraph (5)).
            ``(2) Eligible medicare advantage plans.--For purposes of
        this subsection, an eligible Medicare Advantage plan is a
        Medicare Advantage plan to be offered for plan year 2015 that
        the Secretary determines, based on the bid of such plan
        submitted under section 1854 for such plan year, satisfies at
        least one of the following criteria:
                    ``(A) Increased beneficiary costs.--The total costs
                (including premiums, cost-sharing responsibilities, and
                deductibles) projected to be applicable to individuals
                who enroll in such plan for such plan year are at least
                7 percent more than the such total costs that were
                applicable to individuals enrolled in such plan for
                plan year 2014.
                    ``(B) Decreased supplemental benefits.--The
                supplemental benefits to be offered under such plan for
                such plan year 2015 are less than the supplemental
                benefits offered under such plan for plan year 2014.
                    ``(C) Decreased provider network.--The number of
                physicians in the plan's network has been reduced by 3
                percent or more from plan year 2014 to plan year 2015.
            ``(3) Distribution of pmpm stabilization funding amounts.--
                    ``(A) In general.--Subject to the availability of
                funds under paragraph (6), under the stabilization
                program, the Secretary shall distribute, not later than
                December 31, 2014, to each eligible Medicare Advantage
                plan a PMPM stabilization funding amount, as determined
                by the Secretary in accordance with subparagraph (B).
                    ``(B) PMPM stabilization funding amount.--A PMPM
                stabilization funding amount, with respect to an
                eligible Medicare Advantage plan, shall be determined
                in accordance with the following:
                            ``(i) Such amount shall be an amount, with
                        respect to each month of plan year 2015, for
                        each individual projected to be enrolled in
                        such plan for such plan year.
                            ``(ii) Subject to paragraph (6) and clause
                        (iii), such amount shall be an amount
                        determined by the Secretary to be sufficient
                        for such plan to address for plan year 2015
                        each beneficiary plan inadequacy specified in
                        paragraph (4) applicable to such plan.
                            ``(iii) Such amount shall not be more than
                        $85 per member per month.
            ``(4) Timing of determinations.--Under the stabilization
        program, the Secretary shall determine which Medicare Advantage
        plans are eligible Medicare Advantage plans under paragraph
        (2), and the PMPM stabilization funding amount to be
        distributed to each such eligible Medicare Advantage plan under
        paragraph (3), by not later than October 15, 2014.
            ``(5) Applicable beneficiary plan inadequacies.--For
        purposes of this subsection, a beneficiary plan inadequacy
        applicable to an eligible Medicare Advantage plan is each of
        the criteria described in paragraph (2) that the Secretary
        determined the plan satisfied for qualifying as such an
        eligible Medicare Advantage plan.
            ``(6) Funding.--
                    ``(A) In general.--There shall be available to the
                Secretary from amounts in the general fund in the
                Treasury not otherwise appropriated an amount, not to
                exceed $3,000,000,000, to carry out this subsection.
                Such amounts shall remain so available until December
                31, 2015. Any amounts made so available but not
                expended on or before such date shall be transferred to
                the general fund in the Treasury.
                    ``(B) Clarification.--Payments under the
                stabilization program shall not be taken into account
                for purposes of determining the premium payments
                applicable under part B.''.

Summary: Protecting Seniors' Medicare Choices from Obamacare Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to eliminate the increased Medicaid federal medical assistance percentage for prisoners with respect to their hospital care under the Patient Protection and Affordable Care Act. Amends SSA title XVIII (Medicare) part C (MedicareChoice) to establish a Medicare Advantage (MA) stabilization program under which the Secretary of Health and Human Services (HHS) shall distribute a stabilization funding amount to each eligible MA plan for plan year 2015 to address any beneficiary plan inadequacies.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Embassy Employee Compensation Act''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Claimant.--The term ``claimant'' means an individual
        filing a claim for compensation under section 5(a)(1).
            (2) Collateral source.--The term ``collateral source''
        means all collateral sources, including life insurance, pension
        funds, death benefit programs, and payments by Federal, State,
        or local governments related to the bombings of United States
        embassies in East Africa on August 7, 1998.
            (3) Economic loss.--The term ``economic loss'' means any
        pecuniary loss resulting from harm (including the loss of
        earnings or other benefits related to employment, medical
        expense loss, replacement services loss, loss due to death,
        burial costs, and loss of business or employment opportunities)
        to the extent recovery for such loss is allowed under
        applicable State law.
            (4) Eligible individual.--The term ``eligible individual''
        means an individual determined to be eligible for compensation
        under section 5(c).
            (5) Noneconomic losses.--The term ``noneconomic losses''
        means losses for physical and emotional pain, suffering,
        inconvenience, physical impairment, mental anguish,
        disfigurement, loss of enjoyment of life, loss of society and
        companionship, loss of consortium (other than loss of domestic
        service), hedonic damages, injury to reputation, and all other
        nonpecuniary losses of any kind or nature.
            (6) Special master.--The term ``Special Master'' means the
        Special Master appointed under section 404(a) of the September
        11th Victim Compensation Fund of 2001 (title IV of the Air
        Transportation Safety and System Stabilization Act (Public Law
        107-42; 115 Stat. ____)).

SEC. 3. PURPOSE.

    It is the purpose of this Act to provide compensation to any
individual (or relatives of a deceased individual) who was physically
injured or killed as a result of the bombings of United States
embassies in East Africa on August 7, 1998.

SEC. 4. ADMINISTRATION.

    (a) In General.--The Attorney General, acting through the Special
Master, shall--
            (1) administer the compensation program established under
        this Act;
            (2) promulgate all procedural and substantive rules for the
        administration of this Act; and
            (3) employ and supervise hearing officers and other
        administrative personnel to perform the duties of the Special
        Master under this Act.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to pay the administrative
and support costs for the Special Master in carrying out this Act.

SEC. 5. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.

    (a) Filing of Claim.--
            (1) In general.--A claimant may file a claim for
        compensation under this Act with the Special Master. The claim
        shall be on the form developed under paragraph (2) and shall
        state the factual basis for eligibility for compensation and
        the amount of compensation sought.
            (2) Claim form.--
                    (A) In general.--The Special Master shall develop a
                claim form that claimants shall use when submitting
                claims under paragraph (1). The Special Master shall
                ensure that such form can be filed electronically, if
                determined to be practicable.
                    (B) Contents.--The form developed under
                subparagraph (A) shall request--
                            (i) information from the claimant
                        concerning the physical harm that the claimant
                        suffered, or in the case of a claim filed on
                        behalf of a decedent information confirming the
                        decedent's death, as a result of the bombings
                        of United States embassies in East Africa on
                        August 7, 1998;
                            (ii) information from the claimant
                        concerning any possible economic and
                        noneconomic losses that the claimant suffered
                        as a result of such bombings; and
                            (iii) information regarding collateral
                        sources of compensation the claimant has
                        received or is entitled to receive as a result
                        of such bombings.
            (3) Limitation.--No claim may be filed under paragraph (1)
        after the date that is 2 years after the date on which
        regulations are promulgated under section 7.
    (b) Review and Determination.--
            (1) Review.--The Special Master shall review a claim
        submitted under subsection (a) and determine--
                    (A) whether the claimant is an eligible individual
                under subsection (c);
                    (B) with respect to a claimant determined to be an
                eligible individual--
                            (i) the extent of the harm to the claimant,
                        including any economic and noneconomic losses;
                        and
                            (ii) the amount of compensation to which
                        the claimant is entitled based on the harm to
                        the claimant, the facts of the claim, and the
                        individual circumstances of the claimant.
            (2) Negligence.--With respect to a claimant, the Special
        Master shall not consider negligence or any other theory of
        liability.
            (3) Determination.--Not later than 120 days after that date
        on which a claim is filed under subsection (a), the Special
        Master shall complete a review, make a determination, and
        provide written notice to the claimant, with respect to the
        matters that were the subject of the claim under review. Such a
        determination shall be final and not subject to judicial
        review.
            (4) Rights of claimant.--A claimant in a review under
        paragraph (1) shall have--
                    (A) the right to be represented by an attorney;
                    (B) the right to present evidence, including the
                presentation of witnesses and documents; and
                    (C) any other due process rights determined
                appropriate by the Special Master.
            (5) No punitive damages.--The Special Master may not
        include amounts for punitive damages in any compensation paid
        under a claim under this Act.
            (6) Collateral compensation.--The Special Master shall
        reduce the amount of compensation determined under paragraph
        (1)(B)(ii) by the amount of the collateral source compensation
        the claimant has received or is entitled to receive as a result
        of the bombings of United States embassies in East Africa on
        August 7, 1998.
    (c) Eligibility.--
            (1) In general.--A claimant shall be determined to be an
        eligible individual for purposes of this subsection if the
        Special Master determines that such claimant--
                    (A) is an individual described in paragraph (2);
                and
                    (B) meets the requirements of paragraph (3).
            (2) Individuals.--A claimant is an individual described in
        this paragraph if the claimant is--
                    (A) a citizen of the United States who--
                            (i) was present at the United States
                        Embassy in Nairobi, Kenya, or the United States
                        Embassy in Dar es Salaam, Tanzania, at the
                        time, or in the immediate aftermath, of the
                        bombings of United States embassies in East
                        Africa on August 7, 1998; and
                            (ii) suffered physical harm or death as a
                        result of such a bombing; or
                    (B) in the case of a decedent who is an individual
                described in subparagraph (A), the personal
                representative of the decedent who files a claim on
                behalf of the decedent.
            (3) Requirements.--
                    (A) Single claim.--Not more than one claim may be
                submitted under this Act by an individual or on behalf
                of a deceased individual.
                    (B) Limitation on civil action.--
                            (i) In general.--Upon the submission of a
                        claim under this Act, the claimant waives the
                        right to file a civil action (or to be a party
                        to an action) in any Federal or State court for
                        damages sustained as a result of the bombings
                        of United States embassies in East Africa on
                        August 7, 1998. The preceding sentence does not
                        apply to a civil action to recover collateral
                        source obligations.
                            (ii) Pending actions.--In the case of an
                        individual who is a party to a civil action
                        described in clause (i), such individual may
                        not submit a claim under this Act unless such
                        individual withdraws from such action by the
                        date that is 90 days after the date on which
                        regulations are promulgated under section 7.

SEC. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS.

    (a) In General.--Not later than 20 days after the date on which a
determination is made by the Special Master regarding the amount of
compensation due a claimant under this Act, the Special Master shall
authorize payment to such claimant of the amount determined with
respect to the claimant.
    (b) Payment Authority.--This Act constitutes budget authority in
advance of appropriations Acts and represents the obligation of the
Federal Government to provide for the payment of amounts for
compensation under this Act.
    (c) Additional Funding.--
            (1) In general.--The Attorney General is authorized to
        accept such amounts as may be contributed by individuals,
        business concerns, or other entities to carry out this Act,
        under such terms and conditions as the Attorney General may
        impose.
            (2) Use of separate account.--In making payments under this
        section, amounts contained in any account containing funds
        provided under paragraph (1) shall be used prior to using
        appropriated amounts.

SEC. 7. REGULATIONS.

    Not later than 90 days after the date of enactment of this Act, the
Attorney General, in consultation with the Special Master, shall
promulgate regulations to carry out this Act, including regulations
with respect to--
            (1) forms to be used in submitting claims under this Act;
            (2) the information to be included in such forms;
            (3) procedures for hearing and the presentation of
        evidence;
            (4) procedures to assist an individual in filing and
        pursuing claims under this Act; and
            (5) other matters determined appropriate by the Attorney
        General.

SEC. 8. RIGHT OF SUBROGATION.

    The United States shall have the right of subrogation with respect
to any claim paid by the United States under this Act.

            Passed the House of Representatives May 21, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Summary: Embassy Employee Compensation Act - Directs the Attorney General, through the Special Master appointed under the September 11th Victim Compensation Fund of 2001, to administer compensation to American victims of the August 7, 1998, bombings of the US embassies in Kenya and Tanzania. Authorizes appropriations. Requires claimants to provide information to the Special Master concerning the physical harm suffered and any possible economic and noneconomic losses incurred from the bombings, as well as the collateral sources of compensation received or entitled to be received, defined as life insurance, pension funds, death benefit programs and payments by Federal, State, or local governments. Sets a two-year limit on filing claims, beginning after the promulgation of regulations to implement the Act. Directs the Special Master to determine whether a claimant is eligible for compensation and, if so, the amount to be disbursed based on harm suffered, facts of the claim, and individual circumstances of the claimant. Prohibits the Special Master from considering negligence or any other theory of liability with regard to claimants. Requires completion of the review and determination of a claim within 120 days after it is filed. Makes the Special Master's decision on a claim final and not subject to judicial review. Specifies that punitive damages may not be awarded. Requires that any award be reduced by collateral source compensation a claimant has received or is entitled to receive. Makes eligible to receive compensation any US citizens who suffered physical harm from the bombing of the United States embassy in Nairobi, Kenya, or from the bombing of the embassy in Dar es Salaam, Tanzania. Permits personal representatives of US citizens killed by either bombing to receive compensation on behalf of the deceased. Limits claims to one per individual. Provides that upon filing a claim, an individual waives the right to seek damages in civil suits in Federal or State courts, except for pursuing collateral source compensation. Requires the Special Master to authorize payments to eligible claimants not later than 20 days after the date on which the determination of the amount has been made. Declares that this Act constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of compensation under the Act. Authorizes the Attorney General to accept contributions from individuals, business concerns, and other entities to carry out the Act, and directs the Attorney General to use donated funds before appropriated funds. Declares that the United States has the right of subrogation with respect to any claim paid from US funds under the Act.

To provide compensation for the United States citizens who were victims of the bombings of United States embassies in East Africa on August 7, 1998, on the same basis as compensation is provided to victims of the terrorist-related aircraft crashes on September 11, 2001.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Greater Access to Affordable
Pharmaceuticals Act'' or the ``GAAP Act of 2000''.

SEC. 2. NEW DRUG APPLICATIONS.

    (a) Limitations on the Use of Patents To Prevent Approval of
Abbreviated New Drug Applications.--Section 505(b)(2) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking
                ``the drug for which such investigations were conducted
                or which claims a use for such drug for which the
                applicant is seeking approval under this subsection''
                and inserting ``an active ingredient of the drug for
                which such investigations were conducted, alone or in
                combination with another active ingredient or which
                claims the first approved use for such drug for which
                the applicant is seeking approval under this
                subsection''; and
                    (B) in clause (iv), by striking ``; and'' and
                inserting a period;
            (2) in the matter preceding subparagraph (A), by striking
        ``shall also include--'' and all that follows through ``a
        certification'' and inserting ``shall also include a
        certification'';
            (3) by striking subparagraph (B); and
            (4) by redesignating clauses (i) through (iv) as
        subparagraphs (A) through (D), respectively, and aligning the
        margins of the subparagraphs with the margins of subparagraph
        (A) of section 505(c)(1) of that Act (21 U.S.C. 355(c)(1)).
    (b) Abbreviated New Drug Applications.--Section 505(j)(2)(A) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A)) is
amended--
            (1) in clause (vi), by striking the semicolon and inserting
        ``; and''; and
            (2) in clause (vii)--
                    (A) in the matter preceding subclause (I), by
                striking ``the listed drug referred to in clause (i) or
                which claims a use for such listed drug for which the
                applicant is seeking approval under this subsection''
                and inserting ``an active ingredient of the listed drug
                referred to in clause (i), alone or in combination with
                another active ingredient or which claims the first
                approved use for such drug for which the applicant is
                seeking approval under this subsection'';
                    (B) in subclause (IV), by striking ``; and'' and
                inserting a period; and
                    (C) by striking clause (viii).
    (c) Effective Date.--The amendments made by this section shall only
be effective with respect to a listed drug for which no certification
pursuant to section 505(j)(2)(A)(vii)(IV) of the Federal Food, Drug,
Cosmetic Act was made prior to the date of enactment of this Act.

SEC. 3. CITIZEN PETITION REVIEW.

    Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(5)) is amended--
            (1) by redesignating subparagraphs (C) and (D) as
        subparagraphs (D) and (E), respectively; and
            (2) by inserting after subparagraph (B) the following:
    ``(C) Notwithstanding any other provision of law, the submission of
a citizen's petition filed pursuant to section 10.30 of title 21, Code
of Federal Regulations, with respect to an application submitted under
paragraph (2)(A), shall not cause the Secretary to delay review and
approval of such application, unless such petition demonstrates through
substantial scientific proof that approval of such application would
pose a threat to public health and safety.''.

SEC. 4. BIOEQUIVALENCE TESTING METHODS.

    Section 505(j)(8)(B) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(j)(8)(B)) is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the period and inserting
        ``; or''; and
            (3) by adding at the end the following:
                    ``(iii) the effects of the drug and the listed drug
                do not show a significant difference based on tests
                (other than tests that assess rate and extent of
                absorption), including comparative pharmacodynamic
                studies, limited confirmation studies, or in vitro
                methods, that demonstrate that no significant
                differences in therapeutic effects of active or
                inactive ingredients are expected.''.

SEC. 5. ACCELERATED GENERIC DRUG COMPETITION.

    (a) In General.--Section 505(j)(5) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(5)) is amended--
            (1) in subparagraph (B)(iv), by striking subclause (II) and
        inserting the following:
                    ``(II) the date of a final decision of a court in
                an action described in clause (ii) from which no appeal
                can or has been taken, or the date of a settlement
                order or consent decree signed by a Federal judge, that
                enters a final judgement, and includes a finding that
                the relevant patents that are the subject of the
                certification involved are invalid or not infringed,
                whichever is earlier,'';
            (2) by redesignating subparagraphs (C) and (D) as
        subparagraphs (D) and (E), respectively; and
            (3) by inserting after subparagraph (B), the following:
    ``(C) The one-hundred and eighty day period described in
subparagraph (B)(iv) shall become available to the next applicant
submitting an application containing a certification described in
paragraph (2)(A)(vii)(IV) if the previous applicant fails to commence
commercial marketing of its drug product once its application is made
effective, withdraws its application, or amends the certification from
a certification under subclause (IV) to a certification under subclause
(III) of such paragraph, either voluntarily or as a result of a
settlement or defeat in patent litigation.''.
    (b) Effective Date.--The amendments made by this section shall only
be effective with respect to an application filed under section 505(j)
of the Federal Food, Drug, Cosmetic Act for a listed drug for which no
certification pursuant to 505(j)(2)(A)(vii)(IV) of such Act was made
prior to the date of enactment of this Act.

SEC. 6. SENSE OF CONGRESS.

    It is the sense of Congress that measures should be taken to
effectuate the purpose of the Drug Price Competition and Patent Term
Restoration Act of 1984 (referred to in this section as the ``Hatch-
Waxman Act'') to make generic drugs more available and accessible, and
thereby reduce health care costs, including measures that require
manufacturers of a drug for which an application is approved under
section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
255(c)) desiring to extend a patent of such drug to utilize the patent
extension procedure provided under the Hatch-Waxman Act.

SEC. 7. CONFORMING AMENDMENTS.

    (a) Applications.--Section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) is amended--
            (1) in subsection (b)(3), in subparagraphs (A) and (C), by
        striking ``paragraph (2)(A)(iv)'' and inserting ``paragraph
        (2)'';
            (2) in subsection (c)(3)--
                    (A) in subparagraph (A), by striking ``clause (i)
                or (ii) of subsection (b)(2)(A)'' and inserting
                ``subparagraph (A) or (B) of subsection (b)(2)'';
                    (B) in subparagraph (B), by striking ``clause (iii)
                of subsection (b)(2)(A)'' and all that follows through
                the period and inserting ``subparagraph (C) of
                subsection (b)(2), the approval may be made effective
                on the date certified under subparagraph (C).'';
                    (C) in subparagraph (C), by striking ``clause (iv)
                of subsection (b)(2)(A)'' and inserting ``subparagraph
                (D) of subsection (b)(2)''; and
                    (D) in subparagraph (D)(ii), by striking ``clause
                (iv) of subsection (b)(2)(A)'' and inserting
                ``subparagraph (D) of subsection (b)(2)''; and
            (3) in subsection (j), in paragraph (2)(A), in the matter
        following clause (vii)(IV), by striking ``clauses (i) through
        (viii)'' and inserting ``clauses (i) through (vii)''.
    (b) Pediatric Studies of Drugs.--Section 505A of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355a) is amended--
            (1) in subsection (a)(2)--
                    (A) in clause (i) of subparagraph (A), by striking
                ``(b)(2)(A)(ii)'' and inserting ``(b)(2)'';
                    (B) in clause (ii) of subparagraph (A), by striking
                ``(b)(2)(A)(iii)'' and inserting ``(b)(2)''; and
                    (C) in subparagraph (B), by striking ``subsection
                (b)(2)(A)(iv)'' and inserting ``subsection (b)(2)'';
                and
            (2) in subsection (c)(2)--
                    (A) in clause (i) of subparagraph (A), by striking
                ``(b)(2)(A)(ii)'' and inserting ``(b)(2)'';
                    (B) in clause (ii) of subparagraph (A), by striking
                ``(b)(2)(A)(iii)'' and inserting ``(b)(2)''; and
                    (C) in subparagraph (B), by striking ``subsection
                (b)(2)(A)(iv)'' and inserting ``subsection (b)(2)''.
    (c) Definition.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
    ``(kk) For purposes of the references to court decisions in clauses
(i) and (iii) of section 505(c)(3)(C) and clauses (iii)(I), (iii)(III)
of section 505(j)(5)(B), the term `the court' means the court that
enters final judgment from which no appeal (not including a writ of
certiorari) can or has been taken.''.

Summary: States that the filing of a citizen petition review shall not cause the Secretary of Health and Human Services to delay review and approval of an abbreviated new drug application unless the petition demonstrates through substantial scientific proof that approval would pose a threat to public health and safety. Allows a drug to be considered a bioequivalent to a listed drug if the effects of such drug and the listed drug do not show a significant difference based on certain tests or studies. Provides for an accelerated date of approval of a generic drug application. Expresses the sense of Congress that measures should be taken to effectuate the purpose of the Drug Price Competition and Patent Term Restoration Act of 1984 to make generic drugs more available and accessible, thereby reducing health care costs.

GAAP Act of 2000


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Job Creation and Affordable Housing
Act of 2010''.

SEC. 2. GRANTS TO STATES FOR LOW-INCOME HOUSING PROJECTS IN LIEU OF
              LOW-INCOME HOUSING CREDITS FOR BOND-SUBSIDIZED HOUSING
              PROJECTS.

    (a) In General.--The Secretary of the Treasury shall make a grant
to each State in an amount equal to such State's low-income bond-
subsidized housing election amount.
    (b) Low-Income Bond-Subsidized Housing Election Amount.--For
purposes of this section--
            (1) In general.--The term ``low-income bond-subsidized
        housing election amount'' means, with respect to any State,
        such amount as the State may elect which does not exceed 85
        percent of the State's bond-subsidized credit amount.
            (2) Bond-subsidized credit amount.--The term ``bond-
        subsidized credit amount'' means, with respect to any State,
        the aggregate amount of low-income housing credits which the
        State determines would, but for section 42(i)(9) of the
        Internal Revenue Code of 1986, be awarded under section
        42(h)(4)(B) of such Code times 10 with respect to qualified
        low-income buildings receiving an allocation of qualified
        residential rental project bonds of such State during 2010.
            (3) Qualified residential rental project bonds.--The term
        ``qualified residential rental project bond'' means, with
        respect to any State, any qualified bond (as defined in section
        141(e) of the Internal Revenue Code of 1986) if such bond--
                    (A) is issued as part of an issue 95 percent or
                more of the net proceeds of which are to be used to
                provide qualified residential rental projects (within
                the meaning of section 142 of such Code), and
                    (B) is taken into account under section 146 of such
                Code with respect to the State ceiling applicable to
                such State.
    (c) Subawards for Low-Income Buildings.--
            (1) In general.--A State receiving a grant under this
        section shall use such grant to make subawards to finance the
        construction or acquisition and rehabilitation of qualified
        low-income buildings which have received the corresponding
        allocation of qualified residential rental project bonds
        referred to in subsection (b)(2).
            (2) Subawards subject to same requirements as low-income
        housing credit allocations.--Any such subaward with respect to
        any qualified low-income building may be in the form of a grant
        or a loan of any duration and shall be made in the same manner
        and shall be subject to the same limitations (including rent,
        income, and use restrictions on such building) as an allocation
        of housing credit dollar amount allocated by the State housing
        credit agency of such State under section 42 of the Internal
        Revenue Code of 1986, except that such subawards shall not be
        limited by, or otherwise affect, the State housing credit
        ceiling applicable to such agency.
            (3) Compliance and asset management.--A State receiving a
        grant under this section shall perform asset management
        functions to ensure compliance with section 42 of the Internal
        Revenue Code of 1986 and the long-term viability of buildings
        funded by any subaward under this section. A State may collect
        reasonable fees from a subaward recipient to cover expenses
        associated with the performance of its duties under this
        paragraph, including the reasonable costs of administering such
        subawards. A State may retain an agent or other private
        contractor to satisfy the requirements of this paragraph.
            (4) Recapture.--A State receiving a grant under this
        section shall impose conditions or restrictions, including a
        requirement providing for recapture, on any subaward under this
        section so as to assure that the building with respect to which
        such subaward is made remains a qualified low-income building
        during the compliance period. Any amounts of recapture shall be
        proportional to the length of time of the noncompliance
        compared to the 15-year compliance period and the percentage of
        qualified basis out of compliance compared to the total
        qualified basis. Any such recapture shall be payable to the
        Secretary of the Treasury for deposit in the general fund of
        the Treasury and may be enforced by means of liens or such
        other methods as the Secretary of the Treasury determines
        appropriate. A State housing credit agency may subordinate any
        such lien (or other security interest) to other loans made by
        third parties.
    (d) Reallocation of Bond Authority.--A State housing credit agency
shall establish a process in which applicants that are allocated bonds
and receive a subaward pursuant to subsection (c) are required to
demonstrate good faith efforts to obtain purchasers for such bonds. If
a subawardee is unable to obtain purchasers or if the State makes a
determination that reallocation of bond authority will increase the
total funds available to the State to build and rehabilitate affordable
housing, a subawardee may return its bond allocation to the State
without affecting its subaward under subsection (c) and the State may
reallocate such bond authority only for qualified residential rental
projects. Reallocated bonds shall not be taken into account for
purposes of determining eligibility for low-income housing credits
under section 42(h)(4) of the Internal Revenue Code of 1986 or for
purposes of determining eligibility for grants under subsection (c).
    (e) Return of Unused Grant Funds.--Any grant funds not used to make
subawards under this section before January 1, 2012, shall be returned
to the Secretary of the Treasury on such date. The portion of any
subaward which is not disbursed before such date shall be returned to
the Secretary of the Treasury on such date unless the subawardee has
paid or incurred before January 1, 2012, at least 30 percent of the
subawardee's total adjusted basis in land and depreciable property that
is reasonably expected to be part of the low-income housing building
with respect to which such subaward is made. The portion of any
subaward which is not disbursed before January 1, 2013, shall be
returned to the Secretary of the Treasury on such date. Any subawards
returned to the State housing credit agency on or after January 1,
2012, shall be promptly returned to the Secretary of the Treasury. Any
amounts returned to the Secretary of the Treasury under this subsection
shall be deposited in the general fund of the Treasury.
    (f) Definitions.--Any term used in this section which is also used
in section 42 of the Internal Revenue Code of 1986 shall have the same
meaning for purposes of this section as when used in such section 42.
Any reference in this section to the Secretary of the Treasury shall be
treated as including the Secretary's delegate.
    (g) Appropriations.--There is hereby appropriated to the Secretary
of the Treasury such sums as may be necessary to carry out this
section.

SEC. 3. COORDINATION OF LOW-INCOME HOUSING CREDIT WITH LOW-INCOME
              HOUSING GRANTS.

    (a) In General.--Paragraph (9) of section 42(i) of the Internal
Revenue Code of 1986 is amended by redesignating subparagraph (B) as
subparagraph (C) and by inserting after subparagraph (A) the following
new subparagraphs:
                    ``(B) Denial of credit for bond-subsidized
                buildings receiving subawards with 2010 grant funds.--
                No credit shall be determined under this section with
                respect to any qualified low-income building to the
                extent of the bond-subsidized credit amount determined
                with respect to such building under section 2 of the
                Job Creation and Affordable Housing Act of 2010 if any
                subaward is made with respect to such building under
                such section.''.
    (b) Grants and Loans Not To Reduce Basis.--Subparagraph (C) of
section 42(i)(9) of such Code, as redesignated by this section, is
amended by striking ``by the amount of any grant described in
subparagraph (A)'' and inserting ``by reason of any grant or loan made
under section 1602 of the American Recovery and Reinvestment Tax Act of
2009 or section 2 of the Job Creation and Affordable Housing Act of
2010''.
    (c) Exclusion of Grants From Gross Income.--Paragraph (9) of
section 42(i) of such Code, as amended by this section, is amended by
adding at the end the following new subparagraph:
                    ``(D) Exclusion of grants from gross income.--Any
                grant made under section 1602 of the American Recovery
                and Reinvestment Tax Act of 2009 or section 2 of the
                Job Creation and Affordable Housing Act of 2010 shall
                not be includible in the gross income or alternative
                minimum taxable income of the taxpayer.''.
    (d) Effective Date.--
            (1) In general.--Except as otherwise provided in this
        subsection, the amendments made by this section shall apply to
        taxable years ending after December 31, 2009.
            (2) Exclusion of grants from gross income.--The amendment
        made by subsection (c) shall apply to taxable years ending
        after December 31, 2008.

SEC. 4. FIVE-YEAR CARRYBACK OF LOW-INCOME HOUSING CREDIT.

    (a) In General.--Subsection (a) of section 39 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
            ``(4) 5-year carryback of low-income housing credit.--
                    ``(A) In general.--In the case of an applicable
                low-income housing credit (within the meaning of
                section 38(c)(6)(C))--
                            ``(i) this section shall be applied
                        separately from the business credit (other than
                        the low-income housing credit), and
                            ``(ii) paragraph (1) shall be applied by
                        substituting `each of the 5 taxable years' for
                        `the taxable year' in subparagraph (A)
                        thereof.''.
    (b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2007, and to carrybacks
of credits from such taxable years.

SEC. 5. CARRYBACK OF NEW INVESTMENTS.

    (a) In General.--Section 42(f) of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
            ``(6) Special rule for certain investments in 2010 and
        2011.--
                    ``(A) In general.--In the case of a taxpayer who
                enters into an agreement described in section
                38(c)(6)(D)(i)(I) (without regard to the applicable
                date), which satisfies the requirement of section
                38(c)(6)(D)(i)(II), after December 31, 2009, and before
                January 1, 2012, then solely for purposes of
                determining the taxable year in which the low-income
                housing credit under this section may be taken into
                account for purposes of section 38, and the amount of
                the credit so taken into account--
                            ``(i) the preceding paragraphs of this
                        subsection shall not apply,
                            ``(ii) the credit period with respect to
                        the housing credit dollar amount to be
                        allocated under such agreement shall be the 1
                        taxable year in which the taxpayer enters into
                        such agreement,
                            ``(iii) subsections (b) and (c)(1) shall
                        not apply, and
                            ``(iv) the amount of the credit under this
                        section which is taken into account in the
                        taxable year described in clause (ii) shall be
                        the housing credit dollar amount to be
                        allocated under such agreement.
                    ``(B) Requirements of section unaffected.--Except
                as provided in subparagraph (A), the provisions of this
                section shall apply to any building to which an
                agreement described in subparagraph (A) applies as if
                such subparagraph had not been enacted.
                    ``(C) Recapture of excess credit.--If, at the end
                of the credit period with respect to any building
                (without regard to subparagraph (A)), the amount of the
                credit taken into account under subparagraph (A)(iv)
                with respect to such building exceeds the total amount
                of the credit which would have been allowed under this
                section with respect to such building during such
                credit period but for the application of subparagraph
                (A), then the amount of such excess shall be recaptured
                as if it were included in the credit recapture amount
                under subsection (j).''.
    (b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.

SEC. 6. ALLOWING LOW-INCOME HOUSING CREDITS TO OFFSET 100 PERCENT OF
              FEDERAL INCOME TAX LIABILITY.

    (a) In General.--Subsection (c) of section 38 is amended by adding
at the end the following new paragraph:
            ``(6) Allowing low-income housing credit to offset 100
        percent of federal income tax liability.--
                    ``(A) In general.--In the case of applicable low-
                income housing credits--
                            ``(i) this section shall be applied
                        separately with respect to such credits,
                            ``(ii) in applying paragraph (1) to such
                        credits--
                                    ``(I) the tentative minimum tax
                                shall be treated as being zero, and
                                    ``(II) the limitation under
                                paragraph (1) (as modified by subclause
                                (I)) shall be the net income tax (as
                                defined in paragraph (1)) reduced by
                                the credit allowed under subsection (a)
                                for the taxable year (other than the
                                applicable low-income housing credits),
                                and
                            ``(iii) the excess credit for such taxable
                        year shall, solely for purposes of determining
                        the amount of such excess credit which may be
                        carried back to a preceding taxable year, be
                        increased by the amount of business credit
                        carryforwards which are carried to such taxable
                        year, to which this subparagraph applies, and
                        which are not allowed for such taxable year by
                        reason of the limitation under paragraph (1)
                        (as modified by clause (ii)).
                    ``(B) Increase in limitation for taxable years to
                which excess applicable low-income housing credits are
                carried back.--
                            ``(i) In general.--Solely for purposes of
                        determining the portion of any excess credit
                        described in subparagraph (A)(iii) for which
                        credit will be allowed under subsection (a)(3)
                        for any preceding taxable year, except as
                        provided in clause (ii), the limitation under
                        paragraph (1) for such preceding taxable year
                        shall be determined under rules similar to the
                        rules described in subparagraph (A).
                            ``(ii) Ordering rule.--If the excess credit
                        described in subparagraph (A)(iii) includes
                        business credit carryforwards from preceding
                        taxable years, such excess credit shall be
                        treated as allowed for any preceding taxable
                        year on a first-in first-out basis.
                    ``(C) Applicable low-income housing credits.--For
                purposes of this subpart, the term `applicable low-
                income housing credits' means the credit determined
                under section 42--
                            ``(i) to the extent attributable to
                        buildings placed in service after the date of
                        the enactment of this subparagraph, and
                            ``(ii) in the case of any other buildings,
                        for taxable years beginning in 2008, 2009, and
                        2010 (and to business credit carryforwards with
                        respect to such buildings carried to such
                        taxable years) to the extent provided in
                        subparagraph (D).
                    ``(D) Previously placed in service buildings.--
                            ``(i) In general.--Subparagraph (C)(ii)
                        shall apply to such credits for such a taxable
                        year only--
                                    ``(I) if the taxpayer has entered
                                into a binding commitment to invest
                                equity not later than the applicable
                                date, with respect to an investment in
                                a future project (which is binding on
                                the taxpayer and all successors in
                                interest) which specifies the dollar
                                amount of such investment, and
                                    ``(II) to the extent such credits
                                do not exceed the dollar amount of such
                                proposed investment.
                            ``(ii) Applicable date.--For purposes of
                        this subparagraph, the applicable date is--
                                    ``(I) in the case of taxable years
                                beginning in 2008 and 2009, September
                                15, 2010, or
                                    ``(II) in the case of a taxable
                                year beginning in 2010, the due date
                                (including extensions of time) for
                                filing the taxpayer's return for such
                                taxable year.''.
    (b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2007, and to carrybacks
of credits from such taxable years.

Summary: Job Creation and Affordable Housing Act of 2010 - Directs the Secretary of the Treasury to make a grant to each state equal to such state's low-income bond-subsidized housing election amount. Defines low-income bond-subsidized housing election amount as an amount a state may elect which does not exceed 85 of the state's bond-subsidized credit amount for low-income buildings. Requires states to use grants to make subawards to finance the construction or acquisition and rehabilitation of qualified low-income buildings. Requires the return of grant funds not used to make such subawards before January 1, 2012. Amends the Internal Revenue Code to: (1) deny a low-income housing tax credit for bond-subsidized buildings that received a subaward under this Act. (2) allow a five-year carryback of unused low-income housing tax credit amounts and a carryback for new low-income housing investments in 2010 and 2011. And (3) allow a full offset of low-income housing tax credits against regular income tax liability.

A bill to provide grants to States for low-income housing projects in lieu of low-income housing credits, and to amend the Internal Revenue Code of 1986 to allow a 5-year carryback of the low-income housing credit, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Treatment of Indian Tribal Natural
Resource Income Act of 2001''.

SEC. 2. FEDERAL TAX TREATMENT OF INCOME DERIVED BY INDIANS FROM NATURAL
              RESOURCES-RELATED ACTIVITIES.

    (a) In General.--Subchapter C of chapter 80 of the Internal Revenue
Code of 1986 (relating to provisions affecting more than one subtitle)
is amended by adding at the end the following new section:

``SEC. 7874. FEDERAL TAX TREATMENT OF INCOME DERIVED BY INDIANS FROM
              THE HARVEST OF TRIBALLY OWNED NATURAL RESOURCES.

    ``(a) In General.--
            ``(1) Income and self-employment taxes.--No tax shall be
        imposed by subtitle A on income derived from a natural
        resources-related activity conducted--
                    ``(A) by a member of an Indian tribe directly or
                through a qualified Indian entity, or
                    ``(B) by a qualified Indian entity.
            ``(2) Employment taxes.--No tax shall be imposed by
        subtitle C on remuneration paid for services performed in
        natural resources-related activity by one member of a tribe for
        another member of such tribe or for a qualified Indian entity.
    ``(b) Definitions.--For purposes of this section:
            ``(1) Natural resources-related activity.--
                    ``(A) In general.--The term `natural resources-
                related activity' means, with respect to an Indian
                tribe, any activity directly related to cultivating,
                harvesting, processing, extracting, or transporting
                natural resources held in trust by the United States
                for the benefit of such tribe or directly related to
                selling such natural resources but only if
                substantially all of the selling activity is performed
                by members of such tribe.
                    ``(B) Extraction of minerals, etc. excluded.--Such
                term shall not include any activity directly related to
                extracting minerals, ores, oil, or gas.
            ``(2) Qualified indian entity.--
                    ``(A) In general.--The term `qualified Indian
                entity' means an entity--
                            ``(i) engaged in a natural resources-
                        related activity of one or more Indian tribes,
                            ``(ii) all of whose equity interests are
                        owned by such tribes or members of such tribes,
                        and
                            ``(iii) substantially all of the management
                        functions of the entity are performed by
                        members of such tribes.
                    ``(B) Entities engaged in processing or
                transportation.--Except as provided in regulations
                similar to regulations in effect under section
                7873(b)(3)(A)(iii) on the date of the enactment of this
                section, if an entity is engaged to any extent in any
                processing or transporting of natural resources, the
                term `qualified Indian entity' shall also include an
                entity whose annual gross receipts are 90 percent or
                more derived from natural resources-related activities
                of one or more Indian tribes each of which owns at
                least 10 percent of the equity interests in the entity.
                For purposes of this subparagraph, equity interests
                owned by a member of such a tribe shall be treated as
                owned by the tribe.
    ``(c) Special Rules.--
            ``(1) Distributions from qualified indian entity.--For
        purposes of this section, any distribution with respect to an
        equity interest in a qualified Indian entity of one or more
        Indian tribes to a member of one of such tribes shall be
        treated as derived by such member from a natural resources-
        related activity to the extent such distribution is
        attributable to income derived by such entity from a natural
        resources-related activity.
            ``(2) De minimis unrelated amounts may be excluded.--If,
        but for this paragraph, all but a de minimis amount derived by
        a qualified Indian tribal entity or by a tribal member through
        such entity, or paid to an individual for services, would be
        entitled to the benefits of subsection (a), then the entire
        amount shall be so entitled.
    ``(d) No Inference Created.--Nothing in this title shall create any
inference as to the existence or non-existence or scope of any
exemption from tax for income derived from tribal rights secured as of
January 1, 2001, by any treaty, law, or Executive Order.''.
    (b) Conforming Amendment.--The table of sections for subchapter C
of chapter 80 of the Internal Revenue Code of 1986 is amended by adding
at the end the following new item:

``Sec. 7874. Federal tax treatment of income derived by Indians from
                            the harvest of tribally owned natural
                            resources.''.
    (c) Effective Date.--The amendments made by this section shall
apply to periods before, on, or after the date of the enactment of this
Act.

Summary: Treatment of Indian Tribal Natural Resource Income Act of 2001 - Amends the Internal Revenue Code to prohibit the imposition of income taxes or income derived from a natural resources-related activity conducted by: (1) a member of an Indian tribe directly or through a qualified Indian entity. Or (2) a qualified Indian entity. Prohibits the imposition of employment taxes on remuneration paid for services performed in natural resources-related activity by one member of a tribe for another member of such tribe or for a qualified Indian entity.

A bill to amend the Internal Revenue Code of 1986 to exempt from income taxation income derived from natural resources-related activity by a member of an Indian tribe directly or through a qualified Indian entity.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeland Security Professional
Development Act of 2006''.

SEC. 2. ESTABLISHMENT OF PROFESSIONAL DEVELOPMENT PROGRAMS AT THE
              DEPARTMENT OF HOMELAND SECURITY.

    (a) In General.--Title VIII of the Homeland Security Act of 2002 (6
U.S.C. 361 et seq.) is amended by inserting after section 843 the
following:

``SEC. 844. HOMELAND SECURITY MENTORING PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--Not later than 180 days after the date
        of enactment of this section, the Secretary shall establish the
        Homeland Security Mentoring Program (in this section referred
        to as the `Mentoring Program') for employees of the Department.
        The Mentoring Program shall use applicable best practices,
        including those from the Chief Human Capital Officers Council.
            ``(2) Goals.--The Mentoring Program established by the
        Secretary--
                    ``(A) shall be established in accordance with the
                Department Human Capital Strategic Plan;
                    ``(B) shall incorporate Department human capital
                strategic plans and activities, and address critical
                human capital deficiencies, recruitment and retention
                efforts, and succession planning within the Federal
                workforce of the Department;
                    ``(C) shall enable employees within the Department
                to share expertise, values, skills, resources,
                perspectives, attitudes and proficiencies to develop
                and foster a cadre of qualified employees and future
                leaders;
                    ``(D) shall incorporate clear learning goals,
                objectives, meeting schedules, and feedback processes
                that will help employees, managers, and executives
                enhance skills and knowledge of the Department while
                reaching professional and personal goals;
                    ``(E) shall enhance professional relationships,
                contacts, and networking opportunities among the
                employees of the Department;
                    ``(F) shall complement and incorporate (but not
                replace) mentoring and training programs within the
                Department in effect on the date of enactment of this
                section; and
                    ``(G) may promote cross-disciplinary mentoring and
                training opportunities that include provisions for
                intradepartmental rotational opportunities, in
                accordance with human capital goals and plans that
                foster a more diversified and effective Federal
                workforce of the Department.
            ``(3) Training leaders council.--
                    ``(A) Establishment.--The Training Leaders Council
                established by the Chief Human Capital Officer shall
                administer the Mentoring Program.
                    ``(B) Responsibilities.--The Training Leaders
                Council shall--
                            ``(i) provide oversight of the
                        establishment and implementation of the
                        Mentoring Program;
                            ``(ii) establish a framework that supports
                        the goals of the Mentoring Program and promotes
                        cross-disciplinary mentoring and training;
                            ``(iii) identify potential candidates to be
                        mentors or mentees and select candidates for
                        admission into the Mentoring Program;
                            ``(iv) formalize mentoring assignments
                        within the Department;
                            ``(v) formulate individual development
                        plans that reflect the needs of the Department,
                        the mentor, and the mentee;
                            ``(vi) coordinate with mentoring programs
                        in the Department in effect on the date of
                        enactment of this section; and
                            ``(vii) establish target enrollment numbers
                        for the size and scope of the Mentoring
                        Program, under the human capital goals and
                        plans of the Department.
            ``(4) Selection of participants for mentoring program.--
                    ``(A) In general.--The Mentoring Program shall
                consist of middle and senior level employees of the
                Department with significant experience who shall serve
                as mentors for junior and entry level employees and
                employees who are critical to Department succession
                plans and programs.
                    ``(B) Selection of mentors.--Mentors shall be
                employees who--
                            ``(i) understand the organization and
                        culture of the Department;
                            ``(ii) understand the aims of mentoring in
                        Federal public service;
                            ``(iii) are available and willing to spend
                        time with the mentee, giving appropriate
                        guidance and feedback;
                            ``(iv) enjoy helping others and are open-
                        minded, flexible, empathetic, and encouraging;
                        and
                            ``(v) have very good communications skills,
                        and stimulate the thinking and reflection of
                        mentees.
                    ``(C) Selection of mentees.--Mentees shall be
                motivated employees who possess potential for future
                leadership and management roles within the Department.
            ``(5) Roles and responsibilities of participants in the
        mentoring program.--
                    ``(A) Mentors.--
                            ``(i) Role.--A mentor shall serve as a
                        model, motivator, and counselor to a mentee.
                            ``(ii) Limitation.--Any person who is the
                        immediate supervisor of an employee and
                        evaluates the performance of that employee may
                        not be a mentor to that employee under the
                        Mentor Program.
                            ``(iii) Responsibilities.--The
                        responsibilities of a mentor may include--
                                    ``(I) helping the mentee set short-
                                term learning objectives and long-term
                                career goals;
                                    ``(II) helping the mentee
                                understand the organizational culture
                                of the Department;
                                    ``(III) recommending or creating
                                learning opportunities;
                                    ``(IV) providing informal education
                                and training in areas such as
                                communication, critical thinking,
                                responsibility, flexibility, and
                                teamwork; and
                                    ``(V) pointing out the strengths
                                and areas for development of the
                                mentee.
                    ``(B) Mentees.--The responsibilities of the mentee
                may include--
                            ``(i) defining short-term learning
                        objectives and long-term career goals;
                            ``(ii) participating in learning
                        opportunities to broaden knowledge of the
                        Department; and
                            ``(iii) participating in professional
                        opportunities to improve a particular career
                        area, develop an area of technical expertise,
                        grow professionally, and expand leadership
                        abilities.
            ``(6) Reporting.--Not later than 180 days after the date of
        the establishment of the Mentoring Program, the Secretary shall
        submit a report on the status of the Mentoring Program and
        enrollment, including the number of mentors and mentees in each
        component of the Department and how the Mentoring Program is
        being used in succession planning and leadership development
        to--
                    ``(A) the Committee on Homeland Security and
                Governmental Affairs of the Senate;
                    ``(B) the Committee on Homeland Security of the
                House of Representatives; and
                    ``(C) the Committee on Government Reform of the
                House of Representatives.

``SEC. 845. HOMELAND SECURITY ROTATION PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--Not later than 180 days after the date
        of enactment of this section, the Secretary shall establish the
        Homeland Security Rotation Program (in this section referred to
        as the `Rotation Program') for employees of the Department. The
        Rotation Program shall use applicable best practices, including
        those from the Chief Human Capital Officers Council.
            ``(2) Goals.--The Rotation Program established by the
        Secretary shall--
                    ``(A) be established in accordance with the
                Department Human Capital Strategic Plan;
                    ``(B) provide middle level employees in the
                Department the opportunity to broaden their knowledge
                through exposure to other components of the Department;
                    ``(C) expand the knowledge base of the Department
                by providing for rotational assignments of employees to
                other components;
                    ``(D) build professional relationships and contacts
                among the employees in the Department;
                    ``(E) invigorate the workforce with exciting and
                professionally rewarding opportunities;
                    ``(F) incorporate Department human capital
                strategic plans and activities, and address critical
                human capital deficiencies, recruitment and retention
                efforts, and succession planning within the Federal
                workforce of the Department; and
                    ``(G) complement and incorporate (but not replace)
                rotational programs within the Department in effect on
                the date of enactment of this section.
            ``(3) Training leaders council.--
                    ``(A) In general.--The Training Leaders Council
                established by the Chief Human Capital Officer shall
                administer the Rotation Program.
                    ``(B) Responsibilities.--The Training Leaders
                Council shall--
                            ``(i) provide oversight of the
                        establishment and implementation of the
                        Rotation Program;
                            ``(ii) establish a framework that supports
                        the goals of the Rotation Program and promotes
                        cross-disciplinary rotational opportunities;
                            ``(iii) establish eligibility for employees
                        to participate in the Rotation Program and
                        select participants from employees who apply;
                            ``(iv) establish incentives for employees
                        to participate in the Rotation Program,
                        including promotions and employment
                        preferences;
                            ``(v) ensure that the Rotation Program
                        provides professional education and training;
                            ``(vi) ensure that the Rotation Program
                        develops qualified employees and future leaders
                        with broad-based experience throughout the
                        Department;
                            ``(vii) provide for greater interaction
                        among employees in components of the
                        Department; and
                            ``(viii) coordinate with rotational
                        programs within the Department in effect on the
                        date of enactment of this section.
            ``(4) Allowances, privileges, and benefits.--All
        allowances, privileges, rights, seniority, and other benefits
        of employees participating in the Rotation Program shall be
        preserved.
            ``(5) Reporting.--Not later than 180 days after the date of
        the establishment of the Rotation Program, the Secretary shall
        submit a report on the status of the Rotation Program,
        including a description of the Rotation Program, the number of
        employees participating, and how the Rotation Program is used
        in succession planning and leadership development to--
                    ``(A) the Committee on Homeland Security and
                Governmental Affairs of the Senate;
                    ``(B) the Committee on Homeland Security of the
                House of Representatives; and
                    ``(C) the Committee on Government Reform of the
                House of Representatives.''.
    (b) Technical and Conforming Amendment.--Section 1(b) of the
Homeland Security Act of 2002 (6 U.S.C. 101) is amended by inserting
after the item relating to section 843 the following:

``Sec. 844. Homeland Security Mentoring Program.
``Sec. 845. Homeland Security Rotation Program.''.

SEC. 3. REPORTS TO CONGRESS.

    (a) In General.--Chapter 41 of title 5, United States Code is
amended by adding at the end the following:

``SEC. 4122. REPORTS TO CONGRESS.

    ``The Director of the Office of Personnel Management shall report
annually to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Government Reform of the House of
Representatives on the training, mentoring, and succession plans and
programs of Federal agencies, including the number of participants, the
structure of the programs, and how participants are used for leadership
development and succession planning programs.''.
    (b) Technical and Conforming Amendment.--The table of sections for
chapter 41 of title 5, United States Code, is amended by inserting
after the item relating to section 4121 the following:

``4122.  Reports to Congress.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as necessary to
carry out this Act.

Summary: Homeland Security Professional Development Act of 2006 - Amends the Homeland Security Act of 2002 to direct the Secretary of the Department of Homeland Security (DHS) to establish: (1) the Homeland Security Mentoring Program for DHS employees, the goals of which shall include addressing critical human capital deficiencies, recruitment and retention efforts, and succession planning and promoting cross-disciplinary mentoring and training opportunities. And (2) the Homeland Security Rotation Program to provide middle level DHS employees the opportunity to broaden their knowledge through exposure to other DHS components. Requires such programs to be: (1) established in accordance with DHS's Human Capital Strategic Plan. And (2) administered by the Training Leaders Council . Requires the Director of the Office of Personnel Management (OPM) to report annually to specified congressional committees on the training, mentoring, and succession plans and programs of federal agencies.

to amend the Homeland Security Act of 2002 to establish employee professional development programs at the Department of Homeland Security.


SECTION 1. SHORT TITLE; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``NAFTA Worker
Adjustment Assistance Act''.
    (b) Reference.--Whenever in this Act an amendment is expressed in
terms of an amendment to a section, subsection, or other provision, the
reference shall be considered to be made to a section, subsection, or
other provision of the Trade Act of 1974.

SEC. 2. ELIGIBILITY OF WORKERS AFFECTED BY NORTH AMERICAN FREE TRADE
              AGREEMENT.

    (a) Adjustment Assistance for Workers.--
            (1) In general.--Section 222 (19 U.S.C. 2272) is amended by
        adding at the end thereof the following new subsection:
    ``(c) Special Rule for Workers Affected by North American Free
Trade Agreement.--
            ``(1) In the case of a group of workers affected by the
        North American Free Trade Agreement (including workers in any
        agricultural firm or subdivision thereof), the Secretary shall
        certify such group as eligible for adjustment assistance under
        this chapter, if--
                    ``(A) the Secretary makes the determination under
                paragraphs (1) and (2) of subsection (a), and
                    ``(B) the Secretary determines that--
                            ``(i) increases of imports of articles like
                        or directly competitive with articles which are
                        produced by such workers' firm or appropriate
                        subdivision thereof, contributed importantly to
                        such total or partial separation, or threat
                        thereof, and to such decline in sales,
                            ``(ii) the North American Free Trade
                        Agreement contributed importantly to a shift in
                        production to Mexico of articles like or
                        directly competitive with articles which are
                        produced by such workers' firm or appropriate
                        subdivision thereof, or
                            ``(iii) the group of workers is employed in
                        the manufacture of motor vehicles in the United
                        States.
            ``(2) For purposes of this subsection, the term `North
        American Free Trade Agreement' means an agreement between the
        United States and Mexico (without regard to whether Canada is a
        party to all or part of such agreement) which provides for the
        establishment of a free trade area between the two nations
        through the reduction and elimination of barriers to trade.''.
            (2) Conforming amendment.--Subsection (b) of section 222
        (19 U.S.C. 2272(b)) is amended by inserting ``and subsection
        (c)'' after ``subsection (a)(3)''.
    (b) Determinations by Secretary of Labor.--Section 223 (19 U.S.C.
2273) is amended by striking ``(a)'' and inserting ``(a)(1)'', and by
adding at the end of subsection (a) the following new paragraph:
            ``(2) As soon as possible after the date a notice is
        received under section 239(a)(5), but in no event later than 10
        working days after that date, the Secretary shall determine
        if--
                    ``(A) the group of workers is described in section
                222(c)(1)(B)(iii), or
                    ``(B)(i) there has been a shift in production to
                Mexico of articles like or directly competitive with
                articles which are produced by such workers' firm or
                appropriate subdivision thereof, and
                    ``(ii) the North American Free Trade Agreement
                contributed importantly to such shift, and
        shall issue a certification of eligibility to apply for
        assistance under this chapter covering workers in any group
        with respect to which such determination has been made.''.
    (c) Effective Date.--The amendments made by this section shall take
effect on the day a bill implementing the North American Free Trade
Agreement is enacted into law and shall terminate on the date on which
such Agreement is fully phased in.

SEC. 3. AMENDMENTS TO TITLE II OF THE TRADE ACT OF 1974.

    (a) Reemployment Services.--Section 235 (19 U.S.C. 2295) is amended
to read as follows:

``SEC. 235. EMPLOYMENT SERVICES.

    ``(a) In General.--The Secretary shall ensure that adversely
affected workers covered by a certification under subchapter A of this
chapter are provided early and effective reemployment assistance. Such
assistance should include--
            ``(1) counseling,
            ``(2) testing,
            ``(3) labor market information,
            ``(4) job development,
            ``(5) job search and placement services, and
            ``(6) other supportive services provided for under any
        other Federal law, including services provided by a State
        pursuant to title III of the Job Training Partnership Act.
    ``(b) Agreements With States.--The Secretary shall, whenever
appropriate, procure the services described in subsection (a) by
entering into agreements with States, and shall make available to
States such funds as may be necessary to provide such services.''.
    (b) Training.--
            (1) In general.--Section 236(a)(2)(A) of such Act (19
        U.S.C. 2296(a)(2)(A)) is amended by striking ``$80,000,000''
        and inserting ``$120,000,000''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply to the first fiscal year after the fiscal year in
        which the United States enters into the North American Free
        Trade Agreement, and to each fiscal year thereafter.
    (c) Agreements With States.--
            (1) Section 239(a) (19 U.S.C. 2311(a)) is amended--
                    (A) by striking ``and (4)'' and inserting ``(4)'',
                and
                    (B) by striking the period at the end thereof and
                inserting ``, and (5) will notify the Employment and
                Training Administration of any notice received under
                the Worker Adjustment and Retraining Notification Act
                within 5 working days after receiving such notice.''.
            (2) Section 239 (19 U.S.C. 2311) is amended by adding at
        the end thereof the following new subsection:
    ``(g) Reporting.--
            ``(1) Any agreement entered into under this section shall
        provide for the establishment of a standardized system for
        reporting the operation and effectiveness of the State program
        during the preceding year.
            ``(2) Reports under this subsection shall be submitted by
        the States to the Secretary on an annual basis.''.

SEC. 4. FUNDING FOR NAFTA WORKER ADJUSTMENT ASSISTANCE.

    (a) Temporary Imposition of De Minimus Worker Adjustment Fee.--The
President shall make a determination of the amount necessary to fund
worker assistance programs under chapter 2 of title II of the Trade Act
of 1974 for workers described in section 222(c) of such Act and shall
negotiate an agreement as part of the supplemental agreements to the
North American Free Trade Agreement for the imposition by the United
States of a de minimus uniform fee on all articles imported into the
United States from Mexico. Such fee shall--
            (1) be used to fund programs which assist United States
        workers experiencing dislocation as a result of the
        implementation and operation of the North American Free Trade
        Agreement,
            (2) take effect on the date that is 30 days after the date
        a bill implementing the North American Free Trade Agreement is
        enacted into law, and
            (3) expire on the date which is 30 days after the date on
        which such Agreement is fully phased in.
    (b) Part of Revenues To Fund Trade Adjustment Assistance.--If the
President is unable to negotiate the imposition of a de minimus uniform
fee pursuant to subsection (a), the President shall determine the
amount necessary to fund the programs described in such subsection and
shall designate a portion of the tariffs imposed on articles imported
from Mexico sufficient to fund such programs. Such amount shall be
transferred to the Trade Adjustment Assistance Trust Fund (established
under section 286 of the Trade Act of 1974). In negotiating the
elimination of tariffs under the North American Free Trade Agreement,
the President shall assure revenues from such tariffs are adequate to
provide assistance to United States workers who are dislocated as a
result of such Agreement.
    (c) Special Safeguard Provisions.--Any increase in duties under any
special safeguard provision in the North American Free Trade Agreement,
which are imposed to remedy injury to United States industries
resulting from increased imports, shall be transferred to the Trade
Adjustment Assistance Trust Fund.

SEC. 5. CONFORMING AMENDMENTS TO TRADE ADJUSTMENT ASSISTANCE TRUST
              FUND.

    (a) In General.--Section 286(b)(1) of the Trade Act of 1974 (19
U.S.C. 2396(b)(1)) is amended by striking ``the duty imposed by section
287'' and inserting ``any fees imposed or duties collected pursuant to
section 4 of the NAFTA Worker Adjustment Assistance Act.''.
    (b) Availability of Amounts in Trust Fund; Authorization.--
Subsections (d) and (e) of section 286 (19 U.S.C. 2396) are amended to
read as follows:
    ``(d) Availability of Amounts in Treasury.--
            ``(1) Amounts in the Trust Fund shall be available as
        provided in appropriation Acts for expenditures that are
        required to carry out the provisions of chapter 2 with respect
        to workers described in section 222(c) (including
        administrative costs) and for payments required under
        subsection (e)(2).
            ``(2)(A) If the total amount of funds expended in any
        fiscal year to carry out chapter 2 with respect to such workers
        (including administrative costs) exceeds the amount collected
        under section 4 of the NAFTA Worker Adjustment Assistance Act
        during the preceding 1-year period, the Secretary of Labor and
        the Secretary of Commerce (in consultation with the Secretary
        of the Treasury) shall make a pro rata reduction in the amount
        of trade adjustment allowances that are paid under sections 231
        through 234 to such workers.
            ``(B) The reduction shall be--
                    ``(i) based on estimates of the amount of funds
                that will be necessary to carry out chapter 2 and the
                amount of revenue that will be raised by section 4 of
                the NAFTA Worker Adjustment Assistance Act during the
                remainder of such fiscal year and the succeeding fiscal
                year,
                    ``(ii) made in a manner that ensures that all
                workers eligible for assistance under section 222(c)
                receive some assistance under such chapter 2, and
                    ``(iii) made in a manner that ensures that the
                expenditures for such assistance during the remainder
                of the fiscal year and the succeeding fiscal year do
                not exceed the amount of funds available in the Trust
                Fund.
            ``(C) No reduction may be made under this paragraph in the
        amount of trade readjustment allowance payable under sections
        231 through 234 to a worker who--
                    ``(i) is described in section 222(c), and
                    ``(ii) received a trade readjustment allowance
                under sections 231 through 234 for the week preceding
                the first week for which a reduction is otherwise being
                made under this paragraph.
            ``(D) If a pro rata reduction is in effect at the close of
        a fiscal year, the Secretary of Labor and the Secretary of
        Commerce, in consultation with the Secretary of the Treasury,
        may adjust or modify such reduction at the beginning of the
        fiscal year succeeding such fiscal year, based on estimates of
        the amount of funds that will be necessary to carry out chapter
        2 with respect to workers described in section 222(c), and of
        the amount of revenue that will be raised by section 4 of the
        NAFTA Worker Adjustment Assistance Act during the succeeding
        fiscal year.
            ``(E) Any pro rata reduction made under subparagraph (A),
        and any pro rata reduction which is adjusted or modified under
        subparagraph (D), shall cease to apply after the week in
        which--
                    ``(i) a 1-year period ends during which the total
                amount of funds that would have been expended to carry
                out chapter 2 with respect to workers described in
                section 222(c) (including administrative costs), if
                such reduction were not in effect, did not exceed an
                amount equal to the total amount collected under
                section 4 of the NAFTA Worker Adjustment Assistance Act
                during such 1-year period, or
                    ``(ii) the Secretary of Labor and the Secretary of
                Commerce, in consultation with the Secretary of the
                Treasury, determine that the amount of funds available
                in the Trust Fund are sufficient to carry out chapter 2
                with respect to workers described in section 222(c)
                without such reduction.
    ``(e) Authorization of Appropriations; Repayable Advances.--
            ``(1)(A) There are authorized to be appropriated to the
        Trust Fund, as repayable advances, such sums as may from time
        to time be necessary to make the expenditures described in
        subsection (d)(1).
            ``(B) Any advance appropriated to the Trust Fund under
        subparagraph (A) may be paid to the Trust Fund only to the
        extent that the total amount of advances paid during the fiscal
        year to the Trust Fund from any appropriation authorized under
        subparagraph (A) that are outstanding after such advance is
        paid to the Trust Fund does not exceed the lesser of--
                    ``(i) the excess of--
                            ``(I) the total amount of funds that the
                        Secretary of the Treasury (in consultation with
                        the Secretary of Labor and the Secretary of
                        Commerce) estimates will be necessary for the
                        payments and expenditures described in
                        subsection (d)(1) for such fiscal year, over
                            ``(II) the total amount of funds that the
                        Secretary of the Treasury estimates will be
                        available in the Trust Fund during the fiscal
                        year (determined without regard to any advances
                        made under this subsection during such fiscal
                        year), or
                    ``(ii) the excess of--
                            ``(I) an amount equal to the total amount
                        the Secretary of the Treasury estimates will be
                        collected under section 4 of the NAFTA Worker
                        Adjustment Assistance Act during such fiscal
                        year, over
                            ``(II) the amount described in clause
                        (i)(II).
            ``(2) Advances made to the Trust Fund from appropriations
        authorized under paragraph (1)(A) shall be repaid, and interest
        on such advances shall be paid, to the general fund of the
        Treasury of the United States when the Secretary of the
        Treasury determines that sufficient funds are available in the
        Trust Fund for such purposes.
            ``(3) Interest on advances made from appropriations
        authorized under paragraph (1)(A) shall be at a rate determined
        by the Secretary of the Treasury (as of the close of the
        calendar month preceding the month in which the advance is
        made) to be equal to the current average market yield on
        outstanding marketable obligations of the United States with
        remaining periods to maturity comparable to the anticipated
        period during which the advance will be outstanding.''.
    (c) Effective Date.--Section 1430(c) of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 2397 note) is amended by
striking ``the first date'' and all that follows through the end period
and inserting ``the day on which a bill implementing the North American
Free Trade Agreement is enacted into law.''.

SEC. 6. EXTENSION OF SUNSET.

    Subsection (b) of section 285 (19 U.S.C. 2271, preceding note) is
amended by striking ``no duty shall be imposed under section 287, after
September 30, 1993'' and inserting ``no fee shall be imposed under
section 4 of the NAFTA Worker Adjustment Assistance Act after September
30, 1998''.

Summary: NAFTA Worker Adjustment Assistance Act - Amends the Trade Act of 1974 to provide trade adjustment assistance to workers adversely affected by the North American Free Trade Agreement (NAFTA) between the United States and Mexico. Makes such workers eligible for assistance if the Secretary of Labor determines that: (1) increases of imports like or directly competitive with imports produced by such workers' firm contributed importantly to a separation and decline in sales. (2) NAFTA contributed importantly to a shift in US production in Mexico. Or (3) the workers are employed in the manufacture of motor vehicles in the United States. Makes such assistance available during the phase-in period of the Agreement. Revises provisions under the trade adjustment assistance program concerning reemployment assistance to include labor market information, job development, and job search and placement services. Makes funds available to States to provide such services. Increases the funds available for training under such program. Requires the establishment of a standardized reporting system to determine the effectiveness of State-run programs. Directs the President to negotiate an agreement for the temporary imposition of a de minimis uniform fee on all articles imported into the United States from Mexico to fund trade adjustment assistance programs needed as a result of NAFTA. Requires, if the President is unable to negotiate such an agreement, that a certain portion of tariffs imposed on Mexican imports be used to fund such programs. Transfers any increase in duties to the Trade Adjustment Assistance Trust Fund. Authorizes appropriations to such Fund as necessary.

NAFTA Worker Adjustment Assistance Act