SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Caregiver Assistance and Resource
Enhancement Act''.

SEC. 2. SUPPORT SERVICES FOR CAREGIVERS.

    (a) Definitions.--Section 1701 of title 38, United States Code, is
amended by adding at the end the following new paragraphs:
            ``(10) The term `caregiver services' means noninstitutional
        extended care (as used in paragraph (6)).
            ``(11) The term `caregiver' means an individual who--
                    ``(A) with respect to a disabled veteran who is
                enrolled in the health care system established under
                section 1705(a) of this title, provides caregiver
                services to such veteran for such disability; and
                    ``(B) is not a member of the family (including
                parents, spouses, children, siblings, step-family
                members, and extended family members) of such veteran.
            ``(12) The term `family caregiver' means an individual
        who--
                    ``(A) with respect to a disabled veteran who is
                enrolled in the health care system established under
                section 1705(a) of this title, provides caregiver
                services to such veteran for such disability;
                    ``(B) is a member of the family (including parents,
                spouses, children, siblings, step-family members, and
                extended family members) of such veteran; and
                    ``(C) may or may not reside with such veteran.''.
    (b) Support Services.--
            (1) In general.--Subchapter II of chapter 17 of title 38,
        United States Code, is amended by adding at the end the
        following new section:
``Sec. 1720G. Support services for caregivers and family caregivers
    ``(a) Establishment of Program.--The Secretary shall develop and
carry out a program for caregivers and family caregivers that includes
the following:
            ``(1) The educational sessions, stipends, and access to
        support services provided under this section.
            ``(2) Counseling and other services provided under section
        1782 of this title.
            ``(3) Respite care provided under section 1720B of this
        title.
            ``(4) With respect to family caregivers, medical care
        provided under section 1781(e) of this title.
            ``(5) Travel expenses provided under section 111(e) of this
        title.
    ``(b) Educational Sessions.--(1) The Secretary shall make available
educational sessions for caregivers, family caregivers, and individuals
described in paragraph (2). Such educational sessions shall--
            ``(A) be made available both in person and on an Internet
        website;
            ``(B) incorporate available technology, including
        telehealth technology to the extent practicable; and
            ``(C) teach techniques, strategies, and skills for caring
        for a disabled veteran, including, at a minimum, a veteran
        who--
                    ``(i) was deployed in support of Operation Enduring
                Freedom or Operation Iraqi Freedom; and
                    ``(ii) has post-traumatic stress disorder, a
                traumatic brain injury, or other severe injury or
                illness.
    ``(2) Individuals described in this paragraph are individuals who
provide caregivers and family caregivers with support under this
chapter or through an aging network (as defined in section 102(5) of
the Older Americans Act of 1965 (42 U.S.C. 3002(5)), including--
            ``(A) respite care providers;
            ``(B) nursing care providers; and
            ``(C) counselors.
    ``(c) Stipends.--(1) The Secretary shall provide monthly stipends
to eligible family caregivers described in paragraph (2).
    ``(2) An eligible family caregiver described in this paragraph is a
family caregiver who--
            ``(A) provides caregiver services to a veteran who--
                    ``(i) was deployed in support of Operation Enduring
                Freedom or Operation Iraqi Freedom; and
                    ``(ii) for purposes of this subsection, is
                determined by the Secretary--
                            ``(I) to have a service-connected
                        disability or illness that is severe;
                            ``(II) to be in need of caregiver services,
                        such that without such services, the veteran
                        would require hospitalization, nursing home
                        care, or other residential institutional care;
                        and
                            ``(III) based on an examination by a
                        physician employed by the Department (or, in
                        areas where no such physician is available, by
                        a physician carrying out such function under a
                        contract or fee arrangement), to be unable to
                        carry out the activities (including
                        instrumental activities) of daily living;
            ``(B) with respect to such veteran, meets the definition of
        the term `family caregiver' under section 1701(12) of this
        title;
            ``(C) is designated by such veteran as the primary family
        caregiver for such veteran; and
            ``(D) is not--
                    ``(i) employed by a home health care agency to
                provide such caregiver services; or
                    ``(ii) otherwise receiving payment for such
                services.
    ``(3) The authority of the Secretary to provide a stipend to an
eligible family caregiver under this subsection shall expire on October
1, 2012.
    ``(d) Access to Support Services.--The Secretary shall provide
caregivers and family caregivers with information concerning public,
private, and non-profit agencies that offer support to caregivers. In
providing such information, the Secretary shall--
            ``(1) collaborate with the Assistant Secretary for Aging of
        the Department of Health and Human Services in order to provide
        caregivers and family caregivers access to aging and disability
        resource centers under the Administration on Aging of the
        Department of Health and Human Services; and
            ``(2) include on an Internet website that is dedicated to
        caregivers and family caregivers--
                    ``(A) a directory of services available for
                caregivers and family caregivers at the county level;
                and
                    ``(B) tools that provide caregivers and family
                caregivers with the ability to interact with each other
                for the purpose of fostering peer support and creating
                support networks.
    ``(e) Information and Outreach.--(1) The Secretary shall conduct
outreach to inform disabled veterans and the families of such veterans
of the following:
            ``(A) Medical care, educational sessions, stipends, and
        other services available for caregivers and family caregivers
        under this chapter.
            ``(B) The ability of a family caregiver to be trained and
        certified by a home health care agency in order to be paid by
        such agency for providing caregiver services.
    ``(2) Outreach under this subsection shall include, at a minimum,
the following:
            ``(A) Public service announcements.
            ``(B) Brochures and pamphlets.
            ``(C) Full use of Internet-based outreach methods,
        including such methods designed specifically for veterans and
        the families of such veterans who reside in rural areas.
    ``(3) With respect to a Department employee providing case
management services (as defined in section 1720C(b)(2) of this title)
to a disabled veteran, the Secretary shall ensure that such employee
provides a caregiver or family caregiver of such veteran with
information on the services described in subparagraphs (A) and (B) of
paragraph (1).''.
            (2) Clerical amendment.--The table of sections at the
        beginning of chapter 17 of title 38, United States Code, is
        amended by inserting after the item related to section 1720F
        the following new item:

``1720G. Support services for caregivers and family caregivers.''.
    (c) Plan.--Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Veterans'
Affairs of the House of Representatives and the Committee on Veterans'
Affairs of the Senate a plan for carrying out section 1720G of title
38, United States Code, as added by subsection (b) of this section.
    (d) Reports.--Not later than 180 days after the date on which the
plan is submitted under subsection (c), and annually thereafter for the
following five years, the Secretary shall submit to the Committee on
Veterans' Affairs of the House of Representatives and the Committee on
Veterans' Affairs of the Senate a report describing the implementation
of the plan.

SEC. 3. COUNSELING AND MENTAL HEALTH SERVICES FOR CAREGIVERS AND FAMILY
              CAREGIVERS.

    (a) In General.--Section 1782 of title 38, United States Code, is
amended--
            (1) in the section heading, by adding at the end the
        following: ``, caregivers, and family caregivers''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``; or'' and
                inserting a semicolon;
                    (B) by redesignating paragraph (2) as paragraph
                (3); and
                    (C) by inserting after paragraph (1) the following
                new paragraph (2):
            ``(2) a caregiver or family caregiver of a veteran; or''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of title 38, United States Code, is amended by striking the
item relating to section 1782 and inserting the following new item:

``1782. Counseling, training, and mental health services for immediate
                            family members, caregivers, and family
                            caregivers.''.

SEC. 4. RESPITE CARE TO ASSIST FAMILY CAREGIVERS.

    Section 1720B of title 38, United States Code, is amended--
            (1) in subsection (a), by striking ``title.'' and inserting
        ``title or who receives care from a family caregiver.''; and
            (2) by adding at the end the following new subsection:
    ``(d) In furnishing respite care services under this section, the
Secretary shall ensure that such services--
            ``(1) fulfill the needs of the veteran receiving care
        (including 24-hour in-home respite care); and
            ``(2) are appropriate for the veteran with respect to the
        age of the veteran.''.

SEC. 5. MEDICAL CARE FOR FAMILY CAREGIVERS.

    Section 1781 of title 38, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``and'' at the
                end;
                    (B) in paragraph (3), by inserting ``and'' at the
                end; and
                    (C) by inserting after paragraph (3) the following
                new paragraph:
            ``(4) in accordance with subsection (e), a family
        caregiver,'';
            (2) in the third sentence of subsection (b), by striking
        ``dependent or survivor'' and inserting ``dependent, survivor,
        or family caregiver''; and
            (3) by adding at the end the following new subsection:
    ``(e)(1) The Secretary shall provide medical care to a family
caregiver under this section if the Secretary determines that the
family caregiver is not entitled to care or services under a health-
plan contract as defined under section 1725(f)(2) of this title
(determined, in the case of a health-plan contract as defined in
subsection (f)(2)(B) or (f)(2)(C) of such section, without regard to
any requirement or limitation relating to eligibility for care or
services from any department or agency of the United States).
    ``(2) In this subsection, a family caregiver is an individual who--
            ``(A) provides caregiver services to a veteran who--
                    ``(i) was deployed in support of Operation Enduring
                Freedom or Operation Iraqi Freedom; and
                    ``(ii) for purposes of this subsection, is
                determined by the Secretary--
                            ``(I) to have a service-connected
                        disability or illness that is severe;
                            ``(II) to be in need of caregiver services,
                        such that without such services, the veteran
                        would require hospitalization, nursing home
                        care, or other residential institutional care;
                        and
                            ``(III) based on an examination by a
                        physician employed by the Department (or, in
                        areas where no such physician is available, by
                        a physician carrying out such function under a
                        contract or fee arrangement), to be unable to
                        carry out the activities (including
                        instrumental activities) of daily living;
            ``(B) with respect to such veteran, meets the definition of
        the term `family caregiver' under section 1701(12) of this
        title; and
            ``(C) is designated by such veteran as the primary family
        caregiver for such veteran.
    ``(3) The authority of the Secretary to provide medical care to a
family caregiver under this section shall expire on October 1, 2012.''.

SEC. 6. LODGING AND SUBSISTENCE FOR FAMILY CAREGIVERS.

    Section 111(e) of title 38, United States Code, is amended--
            (1) by striking ``When'' and inserting the following: ``(1)
        Except as provided in paragraph (2), when''; and
            (2) by adding at the end the following new paragraphs:
    ``(2) Without regard to whether a covered veteran entitled to
mileage under this section requires an attendant in order to perform
such travel, an attendant of such covered veteran may be allowed
expenses of travel (including lodging and subsistence) upon the same
basis as such veteran during--
            ``(A) the period of time in which such veteran is traveling
        to and from a treatment facility; and
            ``(B) the duration of the treatment episode for such
        veteran.
    ``(3) The Secretary may prescribe regulations to carry out this
subsection. Such regulations may include provisions--
            ``(A) to limit the number of attendants that may receive
        expenses of travel under paragraph (2) for a single treatment
        episode of a covered veteran; and
            ``(B) to require such attendants to use certain travel
        services.
    ``(4) In this subsection, the term `covered veteran' means a
veteran who--
            ``(A) was deployed in support of Operation Enduring Freedom
        or Operation Iraqi Freedom; and
            ``(B) for purposes of this subsection, is determined by the
        Secretary--
                    ``(i) to have a service-connected disability or
                illness that is severe;
                    ``(ii) to be in need of caregiver services, such
                that without such services, the veteran would require
                hospitalization, nursing home care, or other
                residential institutional care; and
                    ``(iii) based on an examination by a physician
                employed by the Department (or, in areas where no such
                physician is available, by a physician carrying out
                such function under a contract or fee arrangement), to
                be unable to carry out the activities (including
                instrumental activities) of daily living.''.

SEC. 7. SURVEY ON CAREGIVERS AND FAMILY CAREGIVERS.

    (a) In General.--Not later than 270 days after the date of the
enactment of this Act, and not less than once in each three-year period
thereafter, the Secretary of Veterans Affairs shall design and conduct
a survey of caregivers and family caregivers. In carrying out the
survey, the Secretary shall collect the following information:
            (1) The number of caregivers.
            (2) The number of family caregivers.
            (3) The number of veterans receiving caregiver services
        from caregivers and family caregivers, including the era in
        which each veteran served in the Armed Forces.
            (4) The range of caregiver services provided by caregivers
        and family caregivers, including--
                    (A) the average schedule of such services; and
                    (B) the average amount of time a caregiver and
                family caregiver has spent providing such services.
            (5) The average age of a caregiver and family caregiver.
            (6) The health care coverage of caregivers and family
        caregivers, including the sources of such coverage.
            (7) The employment status of caregivers and family
        caregivers.
            (8) Incidents of significant life changes related to being
        a caregiver or family caregiver, including unemployment and
        disenrollment from a course of education.
            (9) The number of family caregivers trained and certified
        through a home health care agency.
            (10) Other information the Secretary considers appropriate.
    (b) Survey Sample.--In carrying out the survey required by
subsection (a), the Secretary shall ensure that--
            (1) a statistically representative sample of caregivers and
        family caregivers is included in the survey; and
            (2) such sample covers veterans in each Veterans Integrated
        Service Network.
    (c) Findings.--The Secretary shall consider the findings of the
survey when carrying out programs related to caregivers and family
caregivers.
    (d) Reports.--Not later than 180 days after the date on which each
survey is completed, the Secretary shall submit to the Committee on
Veterans' Affairs of the House of Representatives and the Committee on
Veterans' Affairs of the Senate a report on caregivers and family
caregivers. Each such report shall include--
            (1) the findings of the survey required by subsection (a);
            (2) a summary of the services made available to caregivers
        and family caregivers by the Secretary;
            (3) the number of caregivers and family caregivers who
        receive such services;
            (4) the cost to the Department of Veterans Affairs of
        providing each such service; and
            (5) other information the Secretary considers appropriate.
    (e) Definitions.--In this section:
            (1) The term ``caregiver'' has the meaning given such term
        in section 1701(11) of title 38, United States Code, as added
        by section 2(a) of this Act.
            (2) The term ``family caregiver'' has the meaning given
        such term in section 1701(12) of title 38, United States Code,
        as added by section 2(a) of this Act.

            Passed the House of Representatives July 27, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Caregiver Assistance and Resource Enhancement Act - Directs the Secretary of Veterans Affairs (VA) to develop and carry out a program of support services for family and non-family caregivers providing noninstitutional extended care to disabled veterans enrolled in the VA health care system. Requires such support services to include: (1) educational sessions, stipends, and access to support services, (2) counseling and related services, (3) respite care, (4) medical care for family caregivers. And (5) travel expenses in connection with the outpatient care of such veterans. Requires the Secretary to: (1) conduct outreach to inform disabled veterans and their families of services available for caregivers, as well as the ability of a caregiver to be trained and certified by a home health care agency in order to be paid for providing such services. (2) submit to the congressional veterans' committees a plan for implementation of such program. And (3) report annually thereafter for five years on plan implementation. Makes counseling and mental health services available to family and non-family caregivers of enrolled veterans. Directs the Secretary to ensure that respite care meets the needs of the veteran receiving such care, including 24-hour home respite care, and is appropriate with respect to the veteran's age. Authorizes the provision of medical care through the VA for family caregivers of eligible veterans, if the caregiver is without health insurance and ineligible for other public health insurance. Defines a family caregiver as an individual who provides care to a veteran who was deployed in support of Operations Iraqi Freedom or Enduring Freedom and are determined by the Secretary to: (1) have a severe service-connected disability or illness. (2) be in need of caregiver services since, without such services, the veteran would require hospitalization, nursing home care, or other residential institutional care. And (3) be unable to carry out the activities of daily living. Authorizes a lodging and subsistence allowance for family caregivers of eligible veterans described above, to cover the time in which the veteran is traveling to and from a treatment facility as well as the duration of the treatment period. Requires the Secretary to: (1) at least once every three years, design and conduct a survey of family and non-family caregivers. (2) consider survey findings when carrying out programs related to caregivers. And (3) report to the veterans' committees on survey results and services made available to caregivers.

To amend title 38, United States Code, to provide certain caregivers of veterans with training, support, and medical care, and for other purposes.


SECTION. 1. SHORT TITLE.

    This Act may be referred to as the ``Small Business Emancipation
Act of 1996''.

SEC. 2. DEFINITION.

    For purposes of this Act the term small-business concern has the
meaning given such term in section 3(a)(1) of the Small Business Act
(15 U.S.C. 632(a)(1)).

                       TITLE I--LABOR PROVISIONS

SEC. 101. SIMPLIFICATION OF EMPLOYEE'S ``REGULAR RATE'' FOR PURPOSES OF
              CALCULATING OVERTIME COMPENSATION.

    Notwithstanding 7(e) of the Fair Labor Standards Act of 1938 (29
U.S.C. 207(e)), the ``regular rate'' at which an employee of a small-
business concern is employed shall not be deemed to include sums paid
in recognition of services performed during a given period if the
payments are made to reward an employee or group of employees for
meeting or exceeding the productivity, quality, efficiency, or sales
goals as specified in a gainsharing, incentive bonus, commission, or
performance contingent bonus plan.

SEC. 102. COMPENSATORY TIME.

    Notwithstanding section 7(o) of the Fair Labor Standards Act of
1938 (29 U.S.C. 207(o))--
            (1) An employee of a small-business concern may receive, in
        accordance with this subsection and in lieu of monetary
        overtime compensation, compensatory time off at a rate not less
        than 1\1/2\ hours for each hour of employment for which
        overtime compensation is required by this subsection.
            (2) An employer may provide compensatory time under
        paragraph (1) only pursuant to--
                    (A) applicable provisions of a collective
                bargaining agreement, memorandum of understanding, or
                any other agreement between the employer and
                representative of such employees; or
                    (B) in the case of employees not covered by
                subparagraph (A), an agreement or understanding arrived
                at between the employer and employee before the
                performance of the work.
            (3) An employee may accrue not more than 240 hours of
        compensatory time. Not later than January 31 of each calendar
        year, the employee's employer shall provide monetary
        compensation for any compensatory time off accrued during the
        preceding calendar year which was not used prior to December 31
        of the preceding year at a rate not less than 1\1/2\ times the
        regular rate earned by the employee at the time the employee
        receives such payment. An employer may designate and
        communicate to the employer's employees a 12-month period other
        than the calendar year, in which case such compensation shall
        be provided not later than 31 days after the end of such 12-
        month period.
            (4) An employee who has accrued compensatory time off
        authorized to be provided under paragraph (1) shall, upon
        termination of employment, be paid for the unused compensatory
        time at a rate of compensation not less than--
                    (A) the average regular rate received by such
                employee during the last 3 years of the employee's
                employment, or
                    (B) the final regular rate received by such
                employee, whichever is higher.
            (5) An employee--
                    (A) who has accrued compensatory time off
                authorized to be provided under paragraph (1), and
                    (B) who has requested the use of such compensatory
                time,
shall be permitted by the employee's employer to use such time within a
reasonable period after making the request if the use of the
compensatory time does not unduly disrupt the operations of the
employer.
            (6) For purposes of this subsection the terms
        ``compensatory time'' and ``compensatory time off'' mean hours
        during which an employee is not working, which are not counted
        as hours worked during the applicable workweek or other work
        period for purposes of overtime compensation, and for which the
employee is compensated at the employee's regular rate.

SEC. 103. FLEXIBLE AND COMPRESSED SCHEDULES.

    (a) Compressed Schedules.--Notwithstanding any other provision of
law, a small-business concern employer may establish programs that
allow the use of a compressed schedule that consists of--
            (1) in the case of a schedule of a full-time employee, a
        160-hour basic work requirement, over a 4-week period, that is
        scheduled for less than 20 workdays; and
            (2) in the case of a schedule of a part-time employee, a
        basic work requirement of less than 160 hours, over a 4-week
        period, that is scheduled for less than 20 workdays.
    (b) Flexible Schedules.--Notwithstanding any other provision of
law, a small-business concern employer may establish programs that
allow the use of flexible schedules that include--
                    (1) designated hours and days during which an
                employee on such a schedule must be present for work;
                and
                    (2) designated hours during which an employee on
                such a schedule may elect the time of the arrival of
                such employee at and departure of such employee from
                work, solely for such purpose or, if and to the extent
                permitted, for the purpose of accumulating credit hours
                to reduce the length of the workweek or another
                workday.

SEC. 104. SMALL-BUSINESS CONCERN AUDIT EXEMPTION.

    Notwithstanding any other provision of law, a small-business
concern shall not be required to disclose any information obtained
through a voluntary internal audit to any regulatory agency.

SEC. 105. EXEMPTION FROM THE DAVIS-BACON ACT.

    The provisions of the Act of March 3, 1931 (40 U.S.C. 276a et seq.)
(commonly referred to as the Davis-Bacon Act) shall not apply to any
laborers or mechanics employed by small-business concerns.

SEC. 106. OCCUPATIONAL SAFETY AND HEALTH STANDARDS.

    (a) Standard Basis.--Section 6(b) of the Occupational Safety and
Health Act (29 U.S.C. 655(b)) is amended by inserting after paragraph
(8) the following:
            ``(9) In establishing standards under this section, the
        Secretary shall consider and make findings concerning whether
        there is a reasonable relationship between the costs and
        benefits of the standard, and the particular effects of the
        standard on small-business concerns.''.
    (b) Violations.--Section 17 of the Occupational Safety and Health
Act (29 U.S.C. 666) is amended by redesignating subsection (l) as
subsection (m) inserting after subsection (k) the following:
    ``(l) In the case of any small-business concern employer who
received a citation for a violation of the requirements of section 5,
any standard, rule, or order promulgated pursuant to section 6 or of
any regulations prescribed under this Act, the Secretary shall waive up
to 100 percent of such penalty to the extent that the employer uses the
amount which would have been paid as penalty for correction of the
violation. This subsection shall apply where
            ``(1) the employer has made a good faith effort to comply
        with applicable regulation, and
            ``(2) the violation does not constitute a significant
        threat to an employee's health or safety or is not a criminal
        violation.''.
    (c) Employee Participation.--The Occupational Safety and Health Act
(29 U.S.C. 651 et seq.) is amended by adding at the end the following:

                        ``employee participation

    ``Sec. 33. In order to carry out the purposes of this Act to
encourage employers and employees in their efforts to reduce the number
of occupational safety and health hazards, an employee participation
committee or other mechanism--
            ``(1) in which employees participate,
            ``(2) which exists for the purpose, in whole or in part, of
        dealing with employees concerning the safety or health of
        working conditions or related matters, and
            ``(3) which does not have, claim, or seek authority to
        negotiate or enter into collective bargaining agreements with
        an employer or to amend existing collective bargaining
        agreements between and employer and any labor organization,
shall not constitute a `labor organization' for purposes of section
8(a)(2) of the National Labor Relations Act or a representative for
purposes of sections 1 and 2 of the Railway Labor Act.''.
    (d) Small Business Assistance and Training.--The Occupational
Safety and Health Act, as amended by paragraph (3), is amended by
adding after section 33 the following:

                ``small business assistance and training

    ``Sec. 34. (a) The Secretary shall establish and implement a
program to provide technical assistance and consultative services for
employers and employees, either directly or by grant or contract,
concerning worksite safety and health and compliance with this Act.
Such assistance shall be targeted at small employers and the most
hazardous industries.
    ``(b) This subsection authorizes the consultative services to
employers provided under cooperative agreements between the States and
the Occupational Safety and Health Administration and described in part
1908 of title 39 of the Code of Federal Regulations.
    ``(c) Not less than one-fourth of the annual appropriation made to
the Secretary to carry out this Act shall be expended for the purposes
described in this section.''.
    (e) Voluntary Protection Program Award.--The Occupational Safety
and Health Act, as amended by paragraph (4), is amended by adding after
section 34 the following:

                  ``voluntary protection program award

    ``Sec. 35. (a) The Secretary shall establish an award which shall
periodically be made to small-business concerns which have implemented
particularly effective approaches to addressing occupational safety and
health in the workplace, including those which provide for effective
employee involvement in improving safety and health and which are as a
consequence deserving of special recognition.
    ``(b) A company or organization to which an award is made under
subsection (a) and which agrees to help other American companies or
organizations improve their occupational safety and health may
publicize its receipt of such award and use the award in its
advertising, but it shall be ineligible to receive another such award
in the same category for a period of 5 years.
    ``(c)(1) Subject to paragraph (2), separate awards shall be made to
qualifying organizations and companies in each of the following
categories--
                    ``(A) manufacturing;
                    ``(B) agricultural;
                    ``(C) concerns providing services;
                    ``(D) retail; and
                    ``(E) construction.
    ``(2) Not more than 1 award may be made within any subcategory in
any year (and no award shall be made within any category if there are
no qualifying enterprises in that category.
    ``(d) An organization or company may qualify for an award under
subsection (a) only if it--
            ``(1) applies to the Secretary in writing, for the award,
            ``(2) permits a rigorous evaluation of its occupational
        safety and health operations, and
            ``(3) meets such requirements and specifications as the
        Secretary determines to be appropriate to achieve the
        objectives of this section.
In applying paragraph (3) with respect to any organization or company,
the Secretary shall rely upon an intensive evaluation of the
occupational safety and health operation. The examination should
encompass all aspects of the organization's or company's current
occupational safety and health practice. The award shall be given only
to organizations and companies which have made outstanding improvements
in their occupational safety and health practices and which demonstrate
effective occupational safety and health practices through the training
and involvement of all levels of personnel.
    ``(e) The Secretary shall ensure that all program participants
receive the complete results of their audits as well as detailed
explanations of all suggestions for improvements. The Secretary shall
also provide information about the awards and the successful quality
improvement strategies and programs of the award-winning participants
to all participants and other appropriate groups.
    ``(f) The Secretary is authorized to seek and accept gifts from
public and private sources to carry out the program under this section.
If additional sums are needed to cover the full cost of the program,
the Secretary shall impose fees upon the organizations and companies
applying for the award in amounts sufficient to provide such additional
sums.
    ``(g) The Secretary shall prepare and submit to the President and
the Congress, within 3 years after the date of the enactment of this
section, a report on the progress, findings, and conclusions of
activities conducted pursuant to this section along with
recommendations for possible modifications thereof.''.

SEC. 107. PROHIBITION OF PREFERENTIAL TREATMENT.

    (a) It shall be an unlawful employment practice for any small
business concern employer to grant preferential treatment to any
individual or group with respect to selection for, discharge from,
compensation for, or the terms, conditions, or privileges of,
employment or union membership, on the basis of the race, color,
religion, sex, or national origin of such individual or group, for any
purpose, except as provided in subsection (b).
    (b) It shall not be unlawful employment practice for an entity
described in subsection (a) to undertake affirmative action designed to
recruit individuals of an underrepresented race, color, religion, sex,
or national origin, to expand the applicant pool of the individuals
seeking employment or union membership with the entity.
    (c) Nothing in the amendments made by this subsection shall be
construed to affect the authority of courts to remedy intentional
discrimination under section 706(g) of the Civil Rights Act of 1964
(Public Law 88-352).

                        TITLE II--TAX PROVISIONS

SEC. 201. EXCLUSION FROM GROSS ESTATE OF INTERESTS IN CERTAIN SMALL
              BUSINESSES.

    (a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
adding at the end the following new section:

``SEC. 2047. EXCLUSION OF QUALIFIED SMALL BUSINESS INTERESTS.

    ``(a) In General.--If the executor elects the application of this
section, the value of the gross estate shall not include the value of
the qualified small business interests of the decedent which are
otherwise includible in the estate.
    ``(b) Qualified Small Business Interest.--For purposes of this
section--
            ``(1) In general.--The term `qualified small business
        interest' means--
                    ``(A) an interest as a proprietor in a small-
                business concern which is a trade or business carried
                on as a proprietorship, or
                    ``(B) an interest as a partner in a small-business
                concern which is a partnership, or stock in a small-
                business concern which is a corporation, carrying on a
                trade or business, if more than 50 percent of such
                partnership or corporation (by vote or value) is owned
                by the decedent.
            ``(2) Small-business concern.--For purposes of this
        subsection, the term `small-business concern' has the meaning
        given such term in section 3(a)(1) of the Small Business Act.
            ``(3) Indirect ownership.--For purposes of determining
        ownership under paragraph (1), the rules of section 318 shall
        apply.
            ``(4) Limitation to small-business concerns in united
        states.--The term `qualified small business interest' shall not
        include any interest in a small-business concern the principal
        place of business of which is not in the United States or its
        possessions.''
    (b) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 of such Code is amended by adding at the end
the following new item:

                              ``Sec. 2047. Exclusion of qualified small
                                        business interests.''
    (c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act.

SEC. 202. EXCLUSION OF 401(k) PLANS FROM TOP-HEAVY RULES.

    (a) In General.--Paragraph (4) of section 416(g) of the Internal
Revenue Code of 1986 (relating to special rules for top-heavy plans) is
amended by adding at the end the following new subparagraph:
                    ``(H) 401(k) plans.--The term `top heavy plan'
                shall not include a qualified cash or deferred
                arrangement, as defined in section 401(k).''
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to plan years ending after the date of the enactment of this Act.

SEC. 203. NO DISQUALIFICATION BY REASON OF GOOD FAITH ADMINISTRATIVE
              ERROR.

    (a) In General.--Section 401 of the Internal Revenue Code of 1986
(relating to qualified pension, profit-sharing, and stock bonus plans)
is amended by redesignating subsection (o) as subsection (p) and by
inserting after subsection (n) the following new subsection:
    ``(o) No Disqualification By Reason of Good Faith Administrative
Error.--
            ``(1) In general.--A trust shall not be disqualified for
        purposes of this part by reason of a good faith administrative
        error which is--
                    ``(A) de minimis, or
                    ``(B) inadvertent,
        if such error is corrected within a reasonable period of time
        after the employer is notified (by the Secretary or by any
        other person) of the error.
            ``(2) Inadvertent.--For purposes of paragraph (1), an error
        shall be treated as inadvertent if made without knowledge or
        reason to know of the error.''
    (b) Report on Definitions.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Treasury shall
submit to the Congress a report setting forth the proposed
interpretation by the Secretary of the terms ``good faith
administrative error'' and ``de minimis'' for purposes of subsection
(o) of section 401 of the Internal Revenue Code of 1986, as added by
this section.
    (c) Effective Date.--The amendment made by subsection (a) shall
apply to plan years ending after the date of the enactment of this Act.

Summary: TABLE OF CONTENTS: Title I: Labor Provisions Title II: Tax Provisions Small Business Emancipation Act of 1996 - Title I: Labor Provisions - States that the regular rate at which a small business employee (SBE) is employed shall not include sums paid under a performance plan as a reward for meeting or exceeding productivity, quality, efficiency, or sales goals. Authorizes an SBE to receive, in lieu of overtime compensation, compensatory time off at a rate of not less than one and one-half hours off for each hour of employment for which overtime compensation would have been paid. Limits the annual accrual of compensatory time to 240 hours. Provides for the payment of unused compensatory time upon termination. Authorizes a small business employer to establish compressed and flexible work schedules. States that a small business shall not be required to disclose to any regulatory agency any information obtained through a voluntary internal audit. Exempts laborers or mechanics employed by a small business from the provisions of the Davis-Bacon Act. Amends the Occupational Safety and Health Act to: (1) direct the Secretary of Labor, in establishing occupational safety and health (OSH) standards, to consider the relationship between the costs and benefits of a standard and its effect on small businesses. (2) authorize the Secretary to waive up to 100 percent of an OSH violation penalty to be paid by a small business to the extent that the employer uses the amount to correct the violation. And (3) provide that an employee participation committee formed to attempt to reduce the number of OSH hazards shall not be considered a labor organization for purposes of specified labor representation provisions. Directs the Secretary to: (1) establish and implement a program to provide technical assistance and consultative services for small business employers and employees concerning worksite OSH and compliance with the Act. (2) establish an award to be periodically made to small businesses which have implemented effective approaches to addressing OSH in the workplace. And (3) prepare and submit to the President and the Congress a report on the progress, findings, and conclusions of activities conducted under this section, along with recommendations for modifications. Prohibits a small business employer from granting preferential treatment to any individual or group on the basis of race, color, religion, sex, or national origin. Title II: Tax Provisions - Amends the Internal Revenue Code to: (1) exclude from the gross estate the value of a qualified small business interest of a decedent. (2) exclude a qualified cash or deferred arrangement from the definition of a top heavy plan. And (3) provide that a trust shall not be disqualified from consideration as a qualified pension, profit-sharing, or stock-bonus plan by reason of a good faith administrative error.

Small Business Emancipation Act of 1996


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Emergency Management Agency
Restoration Act''.

SEC. 2. FEDERAL EMERGENCY MANAGEMENT AGENCY.

    (a) Independent Establishment.--The Federal Emergency Management
Agency shall be a cabinet-level independent establishment in the
executive branch that is responsible for emergency preparedness,
response, recovery, and mitigation for all hazards, including major
disasters, acts of terrorism, and other emergencies.
    (b) Director.--
            (1) In general.--The Agency shall be headed by a Director,
        who shall be appointed by the President, by and with the advice
        and consent of the Senate, and who shall report directly to the
        President. The Director of the Federal Emergency Management
        Agency shall be compensated at the rate provided for at level I
        of the Executive Schedule under section 5312 of title 5, United
        States Code.
            (2) Qualification.--The Director shall be appointed from
        among persons who have extensive experience in emergency
        preparedness, response, recovery, and mitigation for all
        hazards, including major disasters, acts of terrorism, and
        other emergencies.
            (3) Term of office.--The term of office of an individual
        appointed as the Director shall be 5 years. Such individual may
        be appointed in accordance with paragraph (1) for an additional
        term of 5 years.
            (4) Conforming amendment.--Section 5312 of title 5, United
        States Code, is amended by adding at the end the following:
            ``Director of the Federal Emergency Management Agency.''.
    (c) Deputy Director.--
            (1) In general.--The Federal Emergency Management Agency
        shall have one deputy director appointed in the competitive
        service by the Director.
            (2) Qualifications.--The Deputy Director shall be appointed
        from among persons who have extensive experience in emergency
        preparedness, response, recovery, and mitigation for all
        hazards, including major disasters, acts of terrorism, and
        other emergencies.
            (3) Duties.--The Deputy Director shall--
                    (A) carry out duties and powers prescribed by the
                Director;
                    (B) serve as a liaison to the Department of
                Homeland Security in the event of an act of terrorism;
                and
                    (C) act for the Director when the Director is
                absent or unable to serve or when the position of the
                Director is vacant.
    (d) Limitations on Definition of Emergency Preparedness.--For
purposes of this Act, the term ``emergency preparedness'' does not
include law enforcement efforts to prevent or deter acts of terrorism,
protect critical infrastructure, and conduct intelligence activities.

SEC. 3. TRANSFER OF FUNCTIONS.

    (a) In General.--There shall be transferred to the Director of the
Federal Emergency Management Agency the functions, personnel, assets,
and liabilities of the Department of Homeland Security relating to the
Federal Emergency Management Agency, including the functions of the
Department under paragraphs (3) and (8) of section 430(c) and sections
502 (other than paragraph (2)) and 503(1) of the Homeland Security Act
of 2002 (6 U.S.C. 238(c), 312, 313) and other functions of the
Preparedness Directorate of the Department (other than those functions
relating to law enforcement efforts to prevent and deter acts of
terrorism, protect critical infrastructure, and conduct intelligence
activities), the functions relating to firefighter assistance grants
under the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229 et seq.), and the functions relating to the Federal Emergency
Management Agency under any other law, including those functions
relating to emergency management performance grants, under the National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), the Earthquake Hazards Reductions Act of 1977 (42 U.S.C. 7701
et seq.), the National Dam Safety Program Act (33 U.S.C. 467 et seq.),
and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.).
    (b) Transition Period.--The transfers under this section shall be
carried out as soon as practicable after the date of enactment of this
Act, but not later than the 120th day following the date of enactment
of this Act. During the transition period, the Secretary of Homeland
Security shall provide to the Director of the Federal Emergency
Management Agency such assistance, including the use of personnel and
assets, as the Director may request in preparing for the transfer.

SEC. 4. SAVINGS PROVISIONS.

    (a) Personnel Provisions.--
            (1) Appointments.--The Director of the Federal Emergency
        Management Agency may appoint and fix the compensation of such
        officers and employees, including investigators, attorneys, and
        administrative law judges, as may be necessary to carry out the
        respective functions transferred under section 3. Except as
        otherwise provided by law, such officers and employees shall be
        appointed in accordance with the civil service laws and their
        compensation fixed in accordance with title 5, United States
        Code.
            (2) Experts and consultants.--The Director may obtain the
        services of experts and consultants in accordance with section
        3109 of title 5, United States Code, and compensate such
        experts and consultants for each day (including traveltime) at
        rates not in excess of the rate of pay for level IV of the
        Executive Schedule under section 5315 of such title. The
        Director may pay experts and consultants who are serving away
        from their homes or regular place of business, travel expenses
        and per diem in lieu of subsistence at rates authorized by
        sections 5702 and 5703 of such title for persons in Government
        service employed intermittently.
    (b) Delegation and Assignment.--Except where otherwise expressly
prohibited by law or otherwise provided by this Act, the Director may
delegate any of the functions transferred to the Director by section 3
and any function transferred or granted to the Director after the date
of the transfers by section 3 to such officers and employees of the
Federal Emergency Management Agency as the Director may designate and
may authorize successive redelegations of such functions as may be
necessary or appropriate. No delegation of functions by the Director
under this subsection or under any other provision of this Act shall
relieve the Director of responsibility for the administration of such
functions.
    (c) Reorganization.--The Director is authorized to allocate or
reallocate any function transferred under section 3 among the officers
of the Federal Emergency Management Agency, and to establish,
consolidate, alter, or discontinue such organizational entities in the
Federal Emergency Management Agency as may be necessary or appropriate
if the Director, on or before the 30th day preceding the date of the
allocation or reallocation, provides to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Homeland Security and Government Affairs of the Senate written notice
of the allocation or reallocation.
    (d) Rules.--The Director is authorized to prescribe, in accordance
with the provisions of chapters 5 and 6 of title 5, United States Code,
such rules and regulations as the Director determines necessary or
appropriate to administer and manage the functions of the Federal
Emergency Management Agency.
    (e) Transfer and Allocations of Appropriations and Personnel.--
Except as otherwise provided in this section, the personnel employed in
connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising from,
available to, or to be made available in connection with the functions
transferred by section 3, subject to section 1531 of title 31, United
States Code, shall be transferred to the Federal Emergency Management
Agency. Unexpended funds transferred pursuant to this subsection shall
be used only for the purposes for which the funds were originally
authorized and appropriated.
    (f) Incidental Transfers.--The Director of the Office of Management
and Budget, at such time or times as the Director shall provide, is
authorized to make such determinations as may be necessary with regard
to the functions transferred by section 3, and to make such additional
incidental dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds held,
used, arising from, available to, or to be made available in connection
with such functions, as may be necessary to carry out the provisions of
this Act. The Director of the Office of Management and Budget shall
provide for the termination of the affairs of all entities terminated
by this Act and for such further measures and dispositions as may be
necessary to effectuate the purposes of this Act.
    (g) Effect on Personnel.--
            (1) In general.--Except as otherwise provided by this
        section, the transfer pursuant to this section of full-time
        personnel (except special Government employees) and part-time
        personnel holding permanent positions shall not cause any such
        employee to be separated or reduced in grade or compensation
        for one year after the date of transfer of such employee under
        this section.
            (2) Executive schedule positions.--Except as otherwise
        provided in this section, any person who, on the day preceding
        the date of the transfers of functions under section 3, held a
        position compensated in accordance with the Executive Schedule
        prescribed in chapter 53 of title 5, United States Code, and
        who, without a break in service, is appointed in the Federal
        Emergency Management Agency to a position having duties
        comparable to the duties performed immediately preceding such
        appointment shall continue to be compensated in such new
        position at not less than the rate provided for such previous
        position, for the duration of the service of such person in
        such new position.
    (h) Savings Provisions.--
            (1) Continuing effect of legal documents.--All orders,
        determinations, rules, regulations, permits, agreements,
        grants, contracts, certificates, licenses, registrations,
        privileges, and other administrative actions--
                    (A) which have been issued, made, granted, or
                allowed to become effective by the President, any
                Federal agency or official thereof, or by a court of
                competent jurisdiction, in the performance of functions
                which are transferred under section 3, and
                    (B) which are in effect on the date of the
                transfers of functions under section 3, or were final
                before such date and are to become effective on or
                after such date,
        shall continue in effect according to their terms until
        modified, terminated, superseded, set aside, or revoked in
        accordance with law by the President, the Director of the
        Federal Emergency Management Agency or other authorized
        official, a court of competent jurisdiction, or by operation of
        law.
            (2) Proceedings not affected.--The provisions of this
        section and section 3 shall not affect any proceedings,
        including notices of proposed rulemaking, or any application
        for any license, permit, certificate, or financial assistance
        pending before the Federal Emergency Management Agency on the
        date of the transfers of functions under section 3, with
        respect to functions transferred by section 3 but such
        proceedings and applications shall continue. Orders shall be
        issued in such proceedings, appeals shall be taken therefrom,
        and payments shall be made pursuant to such orders, as if this
        section and section 3 had not been enacted, and orders issued
        in any such proceedings shall continue in effect until
        modified, terminated, superseded, or revoked by a duly
        authorized official, by a court of competent jurisdiction, or
        by operation of law. Nothing in this paragraph shall be deemed
        to prohibit the discontinuance or modification of any such
        proceeding under the same terms and conditions and to the same
        extent that such proceeding could have been discontinued or
        modified if this section and section 3 had not been enacted.
            (3) Suits not affected.--The provisions of this section and
        section 3 shall not affect suits commenced before the date of
        the transfers of functions under section 3, and in all such
        suits, proceedings shall be had, appeals taken, and judgments
        rendered in the same manner and with the same effect as if this
        section and section 3 had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other
        proceeding commenced by or against the Federal Emergency
        Management Agency, or by or against any individual in the
        official capacity of such individual as an officer of the
        Federal Emergency Management Agency, shall abate by reason of
        the enactment of this section or section 3.
            (5) Administrative actions relating to promulgation of
        regulations.--Any administrative action relating to the
        preparation or promulgation of a regulation by the Federal
        Emergency Management Agency relating to a function transferred
        under section 3 may be continued by the Federal Emergency
        Management Agency with the same effect as if this section and
        section 3 had not been enacted.
    (i) References.--Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or pertaining to a department, agency, or office from which a function
is transferred by section 3--
            (1) to the head of such department, agency, or office is
        deemed to refer to the head of the department, agency, or
        office to which such function is transferred; or
            (2) to such department, agency, or office is deemed to
        refer to the department, agency, or office to which such
        function is transferred.
    (j) Repeals.--The following provisions of the Homeland Security Act
of 2002 (6 U.S.C. 101 et seq.) are repealed:
            (1) Section 503(1).
            (2) Section 507.

Summary: Federal Emergency Management Agency Restoration Act - Establishes the Federal Emergency Management Agency (FEMA) as a cabinet-level independent establishment in the executive branch that is responsible for emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies. Requires the FEMA Director to be appointed by the President, by and with the advice and consent of the Senate, from among persons who have extensive experience in emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies.

To reestablish the Federal Emergency Management Agency as a cabinet-level independent establishment in the executive branch that is responsible for the Nation's preparedness and response to disasters, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Judgment Evading Foreign States
Accountability Act of 2008''.

SEC. 2. STATEMENT OF PURPOSE.

    The purpose of this Act is to protect the economic interests of the
United States and its citizens from the irresponsible conduct of
certain foreign states, and agencies and instrumentalities of such
states, that willfully refuse to satisfy United States court judgments.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Foreign states and instrumentalities that do business
        or raise capital in the United States, and then refuse to
        satisfy judgments of United States courts entered against them
        in connection with disputes resulting from these activities,
        inflict billions of dollars of damage on United States
        taxpayers, and undermine the credibility of the United States
        courts.
            (2) The Republic of Argentina is a recent and egregious
        example of such behavior. Argentina has borrowed tens of
        billions of dollars in the United States capital markets
        through the issuance of bonds, notes, and other securities
        pursuant to which it agreed to be subject to the jurisdiction
        of the United States courts in actions relating to those bonds
        notes and securities, and both waived and pledged not to assert
        immunity in such actions. Argentina defaulted on its debt to
        foreign creditors in 2001, and scores of judgments, totaling
        more than $2,000,000,000, have been entered against it by the
        United States courts based on its default. Rather than satisfy
        these obligations, Argentina has expressed its intention never
        to pay any of the resulting judgments.
            (3) Since its default in 2001, Argentina's economy has
        recovered dramatically. This recovery has enabled Argentina to
        accumulate foreign exchange reserves worth tens of billions of
        dollars, and to use those reserves to pay some creditors
        preferentially over United States citizens and holders of
        United States court judgments.
            (4) Other foreign states have expressed interest in
        following Argentina's lead. For example, the Republic of
        Ecuador has recently threatened to default on and repudiate
        part of its sovereign debt, citing Argentina's default
        approvingly as a precedent.
            (5) Foreign states that engage in such behavior can infect
        the management of businesses within their borders with their
        profligate and irresponsible habits. When the lax ethical
        standards that permit government officials to flout lawful
        judgments corrupt the corporate behavior as well, the injury to
        United States taxpayers is intensified.
            (6) United States taxpayers who are injured by such
        irresponsible conduct often have little or no recourse. The
        existing laws of the United States are highly protective of
        foreign states, and public and private corporations of judgment
        evading foreign states often enjoy a safe haven within their
        home country's borders from those who are injured by their
        behavior.
            (7) Action by the United States Government to combat this
        growing problem must include measures that both protect United
        States taxpayers against the irresponsible conduct of judgment
        evading foreign states and their domestic corporations, and
        motivate such states and corporations to raise their standards
        of behavior.
            (8) An effective means of achieving this important
        objective without impinging on the President's freedom to act
        in the foreign policy arena is to deprive judgment evading
        foreign states and their domestic corporations of the privilege
        of raising capital in the United States until those states
        demonstrate that such measures are no longer necessary by
        satisfying all outstanding judgments of the United States
        courts.

SEC. 4. DEFINITIONS.

    For purposes of this Act:
            (1) Judgment evading foreign state.--The term ``judgment
        evading foreign state'' means any foreign state that--
                    (A) has one or more judgments entered against the
                foreign state by any United States district court or
                the court of any State, the combined amount of which
                exceeds $1,000,000; and
                    (B) fails to satisfy in full any such judgment for
                a period of more than 6 months after the judgment
                becomes a final judgment.
            (2) Domestic corporation of a judgment evading foreign
        state.--The term ``domestic corporation of a judgment evading
        foreign state'' means any corporation or entity, other than a
        natural person--
                    (A) that is organized under the laws of a judgment
                evading foreign state; or
                    (B) a majority of the shares or other ownership
                interest of which is held, either directly or
                indirectly, by a judgment evading foreign state, or by
                one or more corporations or entities that is organized
                under the laws of a judgment evading foreign state.
            (3) Final judgment.--The term ``final judgment'' means any
        judgment of a United States district court or the court of any
        State, that is no longer eligible to be appealed to any court
        in the United States.
            (4) Foreign state.--The term ``foreign state'' has the
        meaning given that term in 1603(a) of title 28, United States
        Code.
            (5) International organization.--The term ``international
        organization'' means an entity designated by the President as
        being entitled to enjoy the privileges, exemptions, and
        immunities provided by the International Organizations
        Immunities Act (22 U.S.C. 288 et seq.).
            (6) State.--The term ``State'' means each of the several
        States, the District of Columbia, and any commonwealth,
        territory, or possession of the United States.

SEC. 5. STATEMENT OF POLICY.

    It shall be the policy of the United States--
            (1) to advocate within the governing bodies of
        international organizations and in other foreign policy
        settings for the full compensation and fair treatment of United
        States citizens and other persons in whose favor judgments have
        been awarded by the United States courts;
            (2) to seek to protect the economic interests of United
        States taxpayers by restricting the access to the United States
        capital markets of judgment evading foreign states, and
        subjecting to Congressional scrutiny requests for aid made by
        judgment evading foreign states to the United States
        Government;
            (3) to seek to protect the authority of the United States
        courts by preventing judgment evading foreign states from
        willfully flouting the judgments of those courts; and
            (4) to enforce a series of mandatory penalties, increasing
        over time, to prevent judgment evading foreign states from
        engaging in such misconduct.

SEC. 6. BAR ON ACCESS TO UNITED STATES CAPITAL MARKETS.

    The Securities and Exchange Commission shall take all effective
measures to deny every judgment evading foreign state access to United
States capital markets, including the ability, directly or indirectly,
to borrow or sell securities in the United States unless the proceeds
of such borrowing or sale are to be used, in the first instance, to
satisfy in full all final judgments that form the basis for that
foreign state's designation as a judgment evading foreign state. If any
judgment evading foreign state remains in default on any such final
judgment for more than 2 years, the Securities and Exchange Commission
shall take all measures to deny any domestic corporation of a judgment
evading foreign state access to the United States capital markets.

SEC. 7. REQUESTS FOR AID OR ASSISTANCE FROM JUDGMENT EVADING FOREIGN
              STATES.

    (a) Bilateral Assistance.--Whenever any proposal is made to a
department, agency, or other instrumentality of the United States
Government to extend aid, a loan, or any other form of assistance to a
judgment evading foreign state, the head of the department, agency, or
other instrumentality may consider the proposal only if it bears
prominently the legend described in subsection (c).
    (b) Multilateral Assistance.--Whenever any proposal is made to an
international organization of which the United States is a member to
extend aid, a loan, or any other form of assistance to a judgment
evading foreign state, the Secretary of State shall provide notice of
such proposal to the Congress in a prompt manner. Such notice shall
bear prominently the legend described in subsection (c).
    (c) Legend Described.--The legend of a proposal referred to in
subsection (a) and the legend of a notice referred to in subsection (b)
is the following: ``REQUEST FOR GRANT-IN-AID OR LOAN BY A JUDGMENT
EVADING FOREIGN STATE''.

SEC. 8. REPORTS; RECOMMENDATIONS OF ADDITIONAL MEASURES.

    (a) Report.--Not later than January 31 of each year, the Secretary
of the Treasury shall provide a report, in writing, to the Congress
identifying each judgment evading foreign state, and, for each such
judgment evading foreign state--
            (1) setting forth the basis of the Secretary's
        determination that it meets the definition of judgment evading
        foreign state;
            (2) quantifying the impact on the United States economy,
        and the cost to United States taxpayers, of the unsatisfied
        final judgments that form the basis for the foreign state's
        designation as a judgment evading foreign state; and
            (3) describing all measures that the Department of the
        Treasury, the Department of Commerce, the Securities and
        Exchange Commission, the Commodity Futures Trading Commission,
        and representatives of the United States before international
        organizations have taken in the preceding year to carry out
        this Act.
    (b) Termination of Designation as Judgment Evading Foreign State.--
At such time as the Secretary of the Treasury determines that a foreign
state no longer qualifies as a judgment evading foreign state, the
Secretary shall so certify to the Congress no later than in the next
annual report to Congress under subsection (a), at which time the
requirements and prohibitions under this Act shall no longer apply to
such former judgment evading foreign state.
    (c) Responsibilities of Other Departments.--In every report
prepared by the Secretary of State, the Secretary of the Treasury, or
the Secretary of Commerce for the public relating to the economic risk
or investment climate of a judgment evading foreign state, such
Secretary shall reference the findings of the Secretary of the Treasury
from the Secretary of the Treasury's most recent annual report to
Congress under subsection (a) relating to the unsatisfied final
judgments outstanding against the judgment evading foreign state.
    (d) Recommendations to Congress.--The Secretary of the Treasury
shall provide to the Congress written recommendations on additional
measures to carry out the purposes of this Act.

Summary: Judgment Evading Foreign States Accountability Act of 2008 - Directs the Securities and Exchange Commission (SEC) to deny a judgment evading foreign state access to US capital markets unless the proceeds of such borrowing or sale are to be used to satisfy in full all final judgments that form the basis for such designation as a judgment evading foreign state. Requires: (1) a proposal to extend bilateral or multilateral assistance to a judgment evading state to bear notice that such state is a judgment evading state. And (2) the Secretary of the Treasury to report annually to Congress identifying each such state.

To take certain measures against countries that fail to satisfy judgments totaling more than $1,000,000 entered against them in courts in the United States.


SECTION 1. DISTRIBUTION OF JUDGMENT FUNDS.

    (a) Funds To Be Deposited Into Separate Accounts.--
            (1) In general.--Subject to section 2, not later than 30
        days after the date of enactment of this Act, the funds
        appropriated on September 19, 1989, in satisfaction of an award
        granted to the Quinault Indian Nation under Dockets 772-71,
        773-71, 774-71, and 775-71 before the United States Claims
        Court, less attorney fees and litigation expenses, and
        including all interest accrued to the date of disbursement,
        shall be distributed by the Secretary and deposited into 3
        separate accounts to be established and maintained by the
        Quinault Indian Nation (referred to in this Act as the
        ``Tribe'') in accordance with this subsection.
            (2) Account for principal amount.--
                    (A) In general.--The Tribe shall--
                            (i) establish an account for the principal
                        amount of the judgment funds; and
                            (ii) use those funds to establish a
                        Permanent Fisheries Fund.
                    (B) Use and investment.--The principal amount
                described in subparagraph (A)(i)--
                            (i) except as provided in subparagraph
                        (A)(ii), shall not be expended by the Tribe;
                        and
                            (ii) shall be invested by the Tribe in
                        accordance with the investment policy of the
                        Tribe.
            (3) Account for investment income.--
                    (A) In general.--The Tribe shall establish an
                account for, and deposit in the account, all investment
                income earned on amounts in the Permanent Fisheries
                Fund established under paragraph (2)(A)(ii) after the
                date of distribution of the funds to the Tribe under
                paragraph (1).
                    (B) Use of funds.--Funds deposited in the account
                established under subparagraph (A) shall be available
                to the Tribe--
                            (i) subject to subparagraph (C), to carry
                        out fisheries enhancement projects; and
                            (ii) pay expenses incurred in administering
                        the Permanent Fisheries Fund established under
                        paragraph (2)(A)(ii).
                    (C) Specification of projects.--Each fisheries
                enhancement project carried out under subparagraph
                (B)(i) shall be specified in the approved annual budget
                of the Tribe.
            (4) Account for income on judgment funds.--
                    (A) In general.--The Tribe shall establish an
                account for, and deposit in the account, all investment
                income earned on the judgment funds described in
                subsection (a) during the period beginning on September
                19, 1989, and ending on the date of distribution of the
                funds to the Tribe under paragraph (1).
                    (B) Use of funds.--
                            (i) In general.--Subject to clause (ii),
                        funds deposited in the account established
                        under subparagraph (A) shall be available to
                        the Tribe for use in carrying out tribal
                        government activities.
                            (ii) Specification of activities.--Each
                        tribal government activity carried out under
                        clause (i) shall be specified in the approved
                        annual budget of the Tribe.
    (b) Determination of Amount of Funds Available.--Subject to
compliance by the Tribe with paragraphs (3)(C) and (4)(B)(ii) of
subsection (a), the Quinault Business Committee, as the governing body
of the Tribe, may determine the amount of funds available for
expenditure under paragraphs (3) and (4) of subsection (a).
    (c) Annual Audit.--The records and investment activities of the 3
accounts established under subsection (a) shall--
            (1) be maintained separately by the Tribe; and
            (2) be subject to an annual audit.
    (d) Reporting of Investment Activities and Expenditures.--Not later
than 120 days after the date on which each fiscal year of the Tribe
ends, the Tribe shall make available to members of the Tribe a full
accounting of the investment activities and expenditures of the Tribe
with respect to each fund established under this section (which may be
in the form of the annual audit described in subsection (c)) for the
fiscal year.

SEC. 2. CONDITIONS FOR DISTRIBUTION.

    (a) United States Liability.--On disbursement to the Tribe of the
funds under section 1(a), the United States shall bear no trust
responsibility or liability for the investment, supervision,
administration, or expenditure of the funds.
    (b) Application of Other Law.--All funds distributed under this Act
shall be subject to section 7 of the Indian Tribal Judgment Funds Use
or Distribution Act (25 U.S.C. 1407).

Summary: Specifies the distribution and use of funds appropriated on September 19, 1989, in satisfaction of an award granted to the Quinault Indian Nation under Dockets 772-71, 773-71, 774-71, and 775-71 before the United States Claims Court. Requires distribution and deposit of such funds into three accounts , to be established by the Tribe, maintained separately, and audited annually. Requires use of the Account for Principal Amount to establish a Permanent Fisheries Fund. Exempts the United States from any trust responsibility or liability for funds upon their disbursement to the Tribe.

To provide for the use and distribution of the funds awarded to the Quinault Indian Nation under United States Claims Court Dockets 772-71, 773-71, 774-71, and 775-71, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Broadband Conduit Deployment Act of
2015''.

SEC. 2. INCLUSION OF BROADBAND CONDUIT INSTALLATION IN CERTAIN HIGHWAY
              CONSTRUCTION PROJECTS.

    (a) In General.--Chapter 3 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 330. Inclusion of broadband conduit installation in certain
              highway construction projects
    ``(a) Requirement.--
            ``(1) In general.--The Secretary shall require States to
        evaluate the need for broadband conduit in accordance with this
        section as part of any covered highway construction project.
            ``(2) Consultation.--This evaluation shall be done in
        consultation with local and national telecommunications
        providers, including telecommunications service and equipment
        providers.
            ``(3) Results of evaluation.--If the evaluation reveals an
        anticipated need in the next 15 years for broadband conduit
        beneath hard surfaces to be constructed by the project, the
        conduit shall be installed under the hard surfaces as part of
        the covered highway construction project.
    ``(b) Installation Requirements.--In carrying out subsection (a),
the Secretary shall ensure with respect to a covered highway
construction project that--
            ``(1) an appropriate number of broadband conduits, as
        determined by the Administrator of the National
        Telecommunications and Information Administration, are
        installed along such highway to accommodate multiple broadband
        providers, with consideration given to the availability of
        existing conduits;
            ``(2) the size of each such conduit is consistent with
        industry best practices and is sufficient to accommodate
        potential demand, as determined by the Administrator; and
            ``(3) hand holes and manholes for fiber access and pulling
        with respect to each such conduit are placed at intervals
        consistent with industry best practices, as determined by the
        Administrator.
    ``(c) Standards.--The Secretary, in consultation with the
Administrator, shall establish standards, consistent with applicable
requirements in section 156 of this title, section 1.23, part 645, and
part 710 of title 23, Code of Federal Regulations, and the Approved
Utility Accommodation Manual, to carry out subsection (b) that
consider--
            ``(1) the ability to accommodate broadband installation
        without impacting the safety, operations, and maintenance of
        the highway facility, its users, or others;
            ``(2) population density in the area of a covered highway
        construction project;
            ``(3) the type of highway involved in such project; and
            ``(4) existing broadband access in the area of such
        project.
    ``(d) Pull Tape.--The Secretary shall ensure that each broadband
conduit installed pursuant to this section includes a pull tape and is
capable of supporting fiber optic cable placement techniques consistent
with industry best practices, as determined by the Secretary.
    ``(e) Depth of Installation.--The Secretary shall ensure that each
broadband conduit installed pursuant to this section is placed at a
depth consistent with industry best practices, as determined by the
Secretary, and that, in determining the depth of placement,
consideration is given to the location of existing utilities and the
cable separation requirements of State and local electrical codes.
    ``(f) Access.--The Secretary shall ensure that any requesting
broadband provider has access to each broadband conduit installed
pursuant to this section, on a competitively neutral and
nondiscriminatory basis, for a charge not to exceed a cost-based rate.
    ``(g) Waiver Authority.--The Secretary may waive the application of
this section if the Secretary determines that the waiver is appropriate
with respect to a covered highway construction project based upon--
            ``(1) a showing of undue burden;
            ``(2) a determination that the installation of broadband
        conduit beneath hard surfaces to be constructed as part of a
        covered highway construction project is not necessary based on
        the availability of existing broadband infrastructure;
            ``(3) a cost-benefit analysis; or
            ``(4) the consideration of other relevant factors.
    ``(h) Coordination With FCC.--In carrying out this section, the
Secretary and the Administrator shall coordinate with the Federal
Communications Commission, including in making determinations with
respect to an appropriate number of broadband conduits under subsection
(b)(1), potential demand under subsection (b)(2), and existing
broadband access under subsection (c).
    ``(i) Publication of Conduit Availability.--Not later than 1 year
after the date of enactment of this section, the Secretary shall
provide information to the Federal Communications Commission and the
Administrator for inclusion within the National Broadband Map.
    ``(j) Definitions.--In this section, the following definitions
apply:
            ``(1) Administrator.--The term `Administrator' means the
        Administrator of the National Telecommunications and
        Information Administration.
            ``(2) Broadband.--The term `broadband' means an Internet
        Protocol-based transmission service that enables users to send
        and receive voice, video, data, graphics, or a combination
        thereof.
            ``(3) Broadband conduit.--The term `broadband conduit'
        means a conduit for fiber optic cables that support broadband
        or, where appropriate, wireless facilities for broadband
        service.
            ``(4) Covered highway construction project.--The term
        `covered highway construction project' means a project to
        construct a new highway or to construct an additional lane or
        paved shoulder for an existing highway that is commenced after
        the date of enactment of this section and that receives funding
        under this title.
            ``(5) Hard surfaces.--The term `hard surfaces' means
        asphalt and concrete pavement, curb and gutter, and
        sidewalk.''.
    (b) Clerical Amendment.--The analysis for chapter 3 of title 23,
United States Code, is amended by adding at the end the following:

``330. Inclusion of broadband conduit installation in certain highway
                            construction projects.''.

Summary: Broadband Conduit Deployment Act of 2015 This bill directs the Department of Transportation (DOT) to require states to evaluate the need for broadband conduit as part of any covered highway construction project , in consultation with telecommunications providers. If the evaluation reveals a need in the next 15 years for broadband conduit beneath hard surfaces to be constructed by the project, the conduit shall be installed. DOT shall establish standards to carry out installation requirements that consider: the ability to accommodate broadband installation without impacting the safety, operations, and maintenance of the highway facility, its users, or others, population density in the area, the type of highway involved. And existing broadband access in the area. DOT shall ensure that: an appropriate number of broadband conduits are installed along such highway to accommodate multiple broadband providers, the size of conduit is consistent with industry best practices and sufficient to accommodate potential demand, hand holes and manholes for fiber access and pulling such conduit are placed at intervals consistent with industry best practices, installed conduit includes a pull tape and is capable of supporting fiber optic cable placement techniques consistent with industry best practices, installed conduit is placed at a depth consistent with industry best practices and cable separation requirements of electrical codes, and any requesting broadband provider has access to each broadband conduit installed on a competitively neutral and nondiscriminatory basis for a charge not to exceed a cost-based rate. DOT may waive the requirements of this Act upon determining that the waiver is appropriate based upon: a showing of undue burden, a determination that the installation of conduit beneath hard surfaces is not necessary based on the availability of existing broadband infrastructure, or a cost-benefit analysis.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Earmark Transparency Act of 2010''.

SEC. 2. UNIFIED AND SEARCHABLE DATABASE FOR CONGRESSIONALLY DIRECTED
              SPENDING ITEMS.

    (a) In General.--Title III of the Congressional Budget Act of 1974
is amended by adding at the end the following new section:

``unified and searchable database for congressionally directed spending
                                 items

    ``Sec. 316.  (a) Establishment of Database.--Within six months
after the date of enactment of this section, the Clerk of the House of
Representatives and the Secretary of the Senate shall jointly establish
a searchable website, available to the public at no cost, listing all
requests by Members of Congress for congressionally directed spending
items.
    ``(b) Content.--The website established under subsection (a) shall
be comprised of a database including the following information for each
congressionally directed spending item requested by a Member of
Congress:
            ``(1) The fiscal year in which the item would be funded.
            ``(2) The number of the bill or joint resolution for which
        the request is made, if available.
            ``(3) The amount of the initial request made by the Member
        of Congress.
            ``(4) The amount approved by the committee of jurisdiction.
            ``(5) The amount carried in the bill or joint resolution
        (or accompanying report) as passed by the House, as passed by
        the Senate, and as transmitted to the President, as applicable.
            ``(6) The name of the department or agency, and the account
        or program, through which the item will be funded.
            ``(7) The name and the State or district of the Member of
        Congress who made the request.
            ``(8) The name and address of the intended recipient.
            ``(9) The type of organization (public, private nonprofit,
        or private for profit entity) of the intended recipient.
            ``(10) The project name, description, and estimated
        completion date.
            ``(11) A justification of the benefit to taxpayers.
            ``(12) Whether the request is for a continuing project and
        if so, when funds were first appropriated for such project.
            ``(13) A description, if applicable, of all non-Federal
        sources of funding.
            ``(14) Its current status in the legislative process,
        including whether it was carried in any bill or joint
        resolution (or accompanying report) passed by either House,
        added in a committee of conference between the Houses (or joint
        explanatory statement of managers) or in an amendment between
        the Houses, or included in a bill or joint resolution enacted
        into law, including any changes in the final dollar amount.
    ``(c) Accessibility of Data.--The website established under
subsection (a) shall allow the public to--
            ``(1) search, sort, and download all information in the
        database in a machine-readable format;
            ``(2) ascertain through a single search, by individual
        Member of Congress, the total number and dollar value of
        congressionally directed spending items requested by that
        Member and the total number and dollar value of such items
        contained in bills or joint resolutions as passed by either
        House or enacted into law by fiscal year;
            ``(3) search and aggregate data based on any category set
        forth in subsection (b); and
            ``(4) access the website from the home page of the website
        of the Clerk of the House of Representatives and of the
        Secretary of the Senate.
    ``(d) Timeliness of Data.--(1) Within 5 calendar days of receipt of
a request for a congressionally directed spending item from a Member of
Congress, each committee of the House of Representatives and of the
Senate shall provide to the Clerk of the House of Representatives or
the Secretary of the Senate, as applicable, the initial information
regarding that request that is required under this section to be placed
on the website established under subsection (a). That committee shall
provide up-to-date information to the Clerk or Secretary, as
applicable.
    ``(2) The Clerk of the House of Representatives and the Secretary
of the Senate shall post on the website established under subsection
(a) the information received under paragraph (1) within 2 calendar days
(excluding Saturdays, Sundays, or legal holidays except when the House
or Senate is in session on such a day).
    ``(e) Point of Order.--(1) It shall not be in order to consider any
bill or joint resolution, or amendment thereto or conference report
thereon unless it meets the requirements of this section.
    ``(2) Subsections (c)(1) and (d)(2) of section 904 of the
Congressional Budget Act of 1974 are each amended by inserting `316, '
after `313, '.
    ``(f) Definitions.--As used in this section--
            ``(1) the term `congressionally directed spending item'
        means a provision or report language included primarily at the
        request of a Member of Congress providing, authorizing, or
        recommending a specific amount of discretionary budget
        authority, credit authority, or other spending authority for a
        contract, loan, loan guarantee, grant, loan authority, or other
        expenditure with or to an entity, or targeted to a specific
        State, locality, or congressional district, other than through
        a statutory or administrative formula-driven or competitive
        award process; and
            ``(2) the term `Member of Congress' means a Senator in, a
        Representative in, or a Delegate or Resident Commissioner to,
        the Congress.''.
    (b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 315 the
following new item:

``Sec. 316. Unified and searchable database for congressionally
                            directed spending items.''.

Summary: Earmark Transparency Act of 2010 - Amends the Congressional Budget Act of 1974 to require the Clerk of the House of Representatives and the Secretary of the Senate to establish jointly a free public searchable website, listing all requests by Members of Congress for congressionally directed spending items . Requires each congressional committee, within five calendar days of receipt of a request for a congressional earmark from a Member of Congress, to provide to the Clerk and the Secretary, as applicable, the initial required information regarding that request that is required to be placed on the website. Makes it out of order to consider any legislation unless it meets the requirements of this Act.

To amend the Congressional Budget Act of 1974 to require Congress to establish a unified and searchable database on a public website for congressional earmarks.