SECTION 1. SHORT TITLE.

    This Act may be cited as the ``HMO Guaranty Act of 2000''.

SEC. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Board of Directors
        appointed under section 3(d).
            (2) Contractual obligation.--The term ``contractual
        obligation'' means an obligation by a health maintenance
        organization, under an agreement, policy, certificate, or
        evidence of coverage involving a covered individual and the
        organization, to pay or reimburse the covered individual (or a
        health care provider who provided items or services to the
        individual) for services provided prior to the declaration of
        the insolvency of the health maintenance organization, that
        remains unpaid at the time of such insolvency. Such term does
        not include claims by former employees, including medical
        professional employees, for deferred compensation, severance,
        vacation, or other employment benefits.
            (3) Covered individual.--The term ``covered individual''
        means an enrollee or member of a health maintenance
        organization.
            (4) Guaranty fund.--The term ``Guaranty Fund'' means the
        Federal HMO Guaranty Fund established under section 3.
            (5) Health care provider.--The term ``health care
        provider'' means a physician, hospital, or other person that is
        licensed or otherwise authorized by the State to provide health
        care services, and that provided health care services to an
        enrollee of a health maintenance organization.
            (6) Health maintenance organization.--The term ``health
        maintenance organization'' has the meaning given such term by
        section 2791(b)(3) of the Public Health Service Act (42 U.S.C.
        300gg-91(b)(3)).
            (7) Health maintenance organization contract.--The term
        ``covered health maintenance organization contract'' means a
        policy, certificate, or other evidence of health care coverage
        that is issued by a health maintenance organization.
            (8) Insolvent organization.--The term ``insolvent
        organization'' means a health maintenance organization that is
        declared insolvent by court of competent jurisdiction and
        placed under the control of a State Commissioner of Insurance
        for the purpose of liquidation.
            (9) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services, in consultation with the
        Secretary of Labor and the Secretary of the Treasury.
            (10) State.--The term ``State'' includes each of the
        several States, the District of Columbia, the Commonwealth of
        Puerto Rico, the Northern Mariana Islands, or any agency or
        instrumentality thereof.
            (11) Uncovered expenditures.--The term ``uncovered
        expenditures'' means the expenditures for the provision of
        health care services that are the obligation of a health
        maintenance organization that have not been paid by such
        organization and for which no alternative payment arrangements
        have been made.

SEC. 3. ESTABLISHMENT OF HMO GUARANTY FUND.

    (a) In General.--There is established in the Treasury of the United
States a fund to be known as the HMO Guaranty Fund to be used as
provided for in this Act.
    (b) Amounts in Fund.--
            (1) In general.--There shall be deposited into the Guaranty
        Fund--
                    (A) amounts collected under section 5(a);
                    (B) penalties collected under section 5(b); and
                    (C) earnings on investments of monies in the
                Guaranty Fund.
            (2) Investments.--
                    (A) In general.--The Secretary of the Treasury
                shall invest amounts in the Guaranty Fund that are not
                required to meet current withdrawals. Such investments
                may be made only in interest-bearing obligations of the
                United States. For such purpose, such obligations may
                be acquired on original issue at the issue price, or by
                purchase of outstanding obligations at the market
                price.
                    (B) Availability of income.--Any interest derived
                from obligations held by the Guaranty Fund and the
                proceeds from any sale or redemption of such
                obligations, are hereby appropriated to the Fund.
    (c) Use of Guaranty Fund.--Subject to section 4, amounts in the
Guaranty Fund shall be used to make payments to a State--
            (1) to pay the outstanding health care provider claims for
        uncovered expenditures, and to fulfill contractual obligations
        to covered individuals, with respect to an insolvent health
        maintenance organization; and
            (2) to provide for a temporary continuation of health care
        coverage for covered individuals.
    (d) Board of Directors.--
            (1) In general.--The Guaranty Fund shall be administered by
        a Board of Directors to be composed of 9 individuals of which--
                    (A) three directors shall be appointed by the
                National Association of Insurance Commissioners from
                among individuals who serve as insurance regulators of
                a State;
                    (B) three directors shall be appointed by a
                national association which represents the health
                maintenance organization industry of all States (as
                determined by the Secretary) from among representatives
                of health maintenance organizations; and
                    (C) three directors shall be--
                            (i) the Secretary of the Treasury, or the
                        designee of the Secretary;
                            (ii) the Secretary of Health and Human
                        Services, or the designee of the Secretary; and
                            (iii) the Secretary of Labor, or the
                        designee of the Secretary.
            (2) Terms, vacancies.--The members of the Board shall
        establish the terms of service of the members of the Board
        appointed under subparagraphs (A) and (B) of paragraph (1). Any
        vacancy in the Board shall not affect its powers, and shall be
        filled in the same manner as the original appointment.
            (3) Compensation of members.--
                    (A) In general.--Except as provided in subparagraph
                (B), each member of the Board who is not an officer or
                employee of the Federal Government shall serve without
                compensation. All members of the Board who are officers
                or employees of the United States shall serve without
                compensation in addition to that received for their
                services as officers or employees of the United States.
                    (B) Travel expenses.--The members of the Board
                shall be allowed travel expenses, including per diem in
                lieu of subsistence, at rates authorized for employees
                of agencies under subchapter I of chapter 57 of title
                5, United States Code, while away from their homes or
                regular places of business in the performance of
                services for the Board. Such expenses shall be paid
                from the Guaranty Fund.
            (4) Voting.--Each member of the Board shall have 1 vote.
        The Board shall set policy and decide all matters by a simple
        majority of the votes cast.
            (5) Chairperson.--The Board shall elect a chairperson from
        among its members.
            (6) Meetings.--The Board shall first meet not later than 30
        days after the date on which all members are appointed under
        paragraph (1). Subsequent meetings shall be at the call of the
        chairperson. The Board may hold public hearings after giving
        proper notice.
            (7) Fiduciary duty.--With respect to the members of the
        Board that are not appointed under paragraph (1)(A), in
        carrying out the duties of the Board such members shall have a
        fiduciary duty to the Guaranty Fund that shall supersede any
        duty to an employer or other special interest that the member
        may otherwise represent.
            (8) Limitations on liability.--A member of the Board shall
        not be liable, or in any way responsible, for the obligations
        of the Guaranty Fund.
    (e) Duties.--The Board shall--
            (1) administer the Guaranty Fund;
            (2) adopt bylaws that permit the Board to enter into
        contracts to receive contributions and make distributions in
        accordance with this Act;
            (3) establish the application criteria and materials
        necessary to enable a State to submit an application to the
        Guaranty Fund;
            (4) review and make determination on applications received
        under section 4(b); and
            (5) carry out other activities in accordance with this Act.

SEC. 4. EXPENDITURES FROM THE GUARANTY FUND.

    (a) In General.--The Guaranty Fund shall be used to make payments
to a State to enable such State to pay the claims of health care
providers for health care services provided to covered individuals
prior to the declaration of insolvency of a health maintenance
organization and to provide for a temporary continuation of health care
coverage for such individuals.
    (b) Procedure.--
            (1) In general.--Upon the declaration by a court of
        competent jurisdiction that a health maintenance organization
        is insolvent, the official responsible for regulating health
        insurance in the State in which the declaration is made may
        submit an application to the Guaranty Fund for payment under
        this Act.
            (2) Contents of application.--An application submitted by a
        State under paragraph (1) shall include the following:
                    (A) Liquidation of assets and return of unused
                funds.--The application shall contain an accounting of
                amounts received (or expected to be received) as a
                result of the liquidation of the assets of the
                insolvent organization.
                    (B) Fund amount.--The application shall contain a
                request for a specific amount of funds that will be
                used for the uncovered expenditures and contractual
                obligations of an insolvent organization.
                    (C) Uncovered expenditures.--The application shall
                contain an estimate of the aggregate number of
                uncovered individuals and aggregate amount of uncovered
                expenditures with respect to the insolvent organization
                involved.
                    (D) Continuation coverage.--The application shall
                contain an estimate of the aggregate amount of funds
                needed to provide continuation coverage to uncovered
                individuals.
    (c) Consideration by Board.--Not later than 30 days after the date
on which the Guaranty Fund receives a completed application from a
State under subsection (b), the Board shall make a determination with
respect to payments to the States.
    (d) Limitation.--The aggregate amount that may be paid to a State
under this section with respect to a single uncovered individual shall
not exceed $300,000.
    (e) Use for Continuation Coverage.--
            (1) In general.--A State may use amounts provided under
        this section to provide for the continuation of health care
        coverage for an uncovered individual through a health
        maintenance organization or other health care coverage that has
        been determined appropriate by the official responsible for
        regulating health insurance in the State in collaboration with
        the Board.
            (2) Limitation.--The period of continuation coverage with
        respect to an uncovered individual under paragraph (1) shall
        terminate on the earlier of--
                    (A) the date that is 1 year after the date on which
                the health maintenance organization was declared
                insolvent; or
                    (B) or the date on which the contractual obligation
                of the health maintenance organization to the
                individual was to terminate.
    (f) Repayment of Funds.--The State shall repay to the Guaranty Fund
an amount equal to--
            (1) any amounts not utilized by the State on the date on
        which the liquidation of the insolvent organization is
        completed; and
            (2) any amounts recovered through liquidation that have not
        been accounted for in the application of the State under
        subsection (b)(2)(A).

SEC. 5. CONTRIBUTIONS TO THE GUARANTY FUND.

    (a) Assessment on Health Maintenance Organizations.--
            (1) In general.--Not later than January 1, 2001, and every
        6 months thereafter, each health maintenance organization that
        is licensed by a State to provide health care coverage shall
        pay to the Guaranty Fund an amount to be determined in
        accordance with an assessment schedule to be established by the
        Secretary not later than 180 days after the date of enactment
        of this Act.
            (2) Deferment.--The Board, after consultation with the
        official responsible for regulating health insurance in the
        State involved may exempt, abate, or defer, in whole or in
        part, the assessment of a health maintenance organization under
        paragraph (1) if the organization demonstrates that the payment
        of the assessment would endanger the ability of the
        organization to fulfill its contractual obligations or place
        the organization in an unsound financial condition.
            (3) Prohibition.--A health maintenance organization shall
        not adjust the amount of premiums paid by enrollees to account
        for the assessment paid under paragraph (1).
    (b) Failure to Pay.--A health maintenance organization that fails
to pay an assessment under subsection (a)(1) within 30 days after the
date on which such assessment was to be paid shall be subject to a
civil penalty in an amount not to exceed $1,000 per day.

SEC. 6. STATE PREEMPTION.

    (a) In General.--Nothing in this Act shall be construed to preempt
or supersede any provision of State law that establishes, implements,
or continues in effect any standard or requirement relating to health
maintenance organizations.
    (b) Definition.--In this section, the term ``State law'' means all
laws, decisions, rules, regulations or other State actions that have
the effect of law.

Summary: Requires each HMO that is licensed by a State to provide health care coverage to make biannual payments to the Guaranty Fund in accordance with an assessment schedule to be established by the Secretary of Health and Human Services. Permits deferrals or exemptions if an HMO demonstrates that payment of the assessment would endanger its ability to fulfill contractual obligations or place it in an unsound financial condition. Prescribes a civil penalty for failure to pay.

HMO Guaranty Act of 2000


SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.

    (a) Short Title.--This Act may be cited as the ``Puerto Rico
Economic Activity Credit Improvement Act of 1999''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.

SEC. 2. MODIFICATIONS OF PUERTO RICO ECONOMIC ACTIVITY CREDIT.

    (a) Corporations Eligible To Claim Credit.--Section 30A(a)(2)
(defining qualified domestic corporation) is amended to read as
follows:
            ``(2) Qualified domestic corporation.--For purposes of
        paragraph (1)--
                    ``(A) In general.--A domestic corporation shall be
                treated as a qualified domestic corporation for a
                taxable year if it is actively conducting within Puerto
                Rico during the taxable year--
                            ``(i) a line of business with respect to
                        which the domestic corporation is an existing
                        credit claimant under section 936(j)(9), or
                            ``(ii) an eligible line of business not
                        described in clause (i).
                    ``(B) Limitation to lines of business.--A domestic
                corporation shall be treated as a qualified domestic
                corporation under subparagraph (A) only with respect to
                the lines of business described in subparagraph (A)
                which it is actively conducting in Puerto Rico during
                the taxable year.
                    ``(C) Exception for corporations electing reduced
                credit.--A domestic corporation shall not be treated as
                a qualified domestic corporation if such corporation
                (or any predecessor) had an election in effect under
                section 936(a)(4)(B)(iii) for any taxable year
                beginning after December 31, 1996.''
    (b) Application on Separate Line of Business Basis; Eligible Line
of Business.--Section 30A is amended by redesignating subsection (g) as
subsection (h) and by inserting after subsection (f) the following new
subsection:
    ``(g) Application on Line of Business Basis; Eligible Lines of
Business.--For purposes of this section--
            ``(1) Application to separate line of business.--
                    ``(A) In general.--In determining the amount of the
                credit under subsection (a), this section shall be
                applied separately with respect to each substantial
                line of business of the qualified domestic corporation.
                    ``(B) Exceptions for existing credit claimant.--
                This paragraph shall not apply to a substantial line of
                business with respect to which the qualified domestic
                corporation is an existing credit claimant under
                section 936(j)(9).
                    ``(C) Allocation.--The Secretary shall prescribe
                rules necessary to carry out the purposes of this
                paragraph, including rules--
                            ``(i) for the allocation of items of
                        income, gain, deduction, and loss for purposes
                        of determining taxable income under subsection
                        (a), and
                            ``(ii) for the allocation of wages, fringe
                        benefit expenses, and depreciation allowances
                        for purposes of applying the limitations under
                        subsection (d).
            ``(2) Eligible line of business.--The term `eligible line
        of business' means a substantial line of business in any of the
        following trades or businesses:
                    ``(A) Manufacturing.
                    ``(B) Agriculture.
                    ``(C) Forestry.
                    ``(D) Fishing.
            ``(3) Substantial line of business.--For purposes of this
        subsection, the determination of whether a line of business is
        a substantial line of business shall be determined by reference
        to 2-digit codes under the North American Industry
        Classification System (62 Fed. Reg. 17288 et seq., formerly
        known as `SIC codes').''
    (c) Repeal of Base Period Cap.--
            (1) In general.--Section 30A(a)(1) (relating to allowance
        of credit) is amended by striking the last sentence.
            (2) Conforming amendment.--Section 30A(e)(1) is amended by
        inserting ``but not including subsection (j)(3)(A)(ii)
        thereof'' after ``thereunder''.
    (d) Application of Credit.--Section 30A(h) (relating to
applicability of section), as redesignated by subsection (b), is
amended by striking ``January 1, 2006'' and inserting ``January 1,
2009''.
    (e) Conforming Amendments.--
            (1) Section 30A(b) is amended by striking ``within a
        possession'' each place it appears and inserting ``within
        Puerto Rico''.
            (2) Section 30A(d) is amended by striking ``possession''
        each place it appears.
            (3) Section 30A(f) is amended to read as follows:
    ``(f) Definitions.--For purposes of this section--
            ``(1) Qualified income taxes.--The qualified income taxes
        for any taxable year allocable to nonsheltered income shall be
        determined in the same manner as under section 936(i)(3).
            ``(2) Qualified wages.--The qualified wages for any taxable
        year shall be determined in the same manner as under section
        936(i)(1).
            ``(3) Other terms.--Any term used in this section which is
        also used in section 936 shall have the same meaning given such
        term by section 936.''
    (f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.

SEC. 3. COMPARABLE TREATMENT FOR OTHER ECONOMIC ACTIVITY CREDIT.

    (a) Corporations Eligible To Claim Credit.--Section 936(j)(2)(A)
(relating to economic activity credit) is amended to read as follows:
                    ``(A) Economic activity credit.--
                            ``(i) In general.--In the case of a
                        domestic corporation which, during the taxable
                        year, is actively conducting within a
                        possession other than Puerto Rico--
                                    ``(I) a line of business with
                                respect to which the domestic
                                corporation is an existing credit
                                claimant under paragraph (9), or
                                    ``(II) an eligible line of business
                                not described in subclause (I),
                        the credit determined under subsection
                        (a)(1)(A) shall be allowed for taxable years
                        beginning after December 31, 1995, and before
                        January 1, 2002.
                            ``(ii) Limitation to lines of business.--
                        Clause (i) shall only apply with respect to the
                        lines of business described in clause (i) which
                        the domestic corporation is actively conducting
                        in a possession other than Puerto Rico during
                        the taxable year.
                            ``(iii) Exception for corporations electing
                        reduced credit.--Clause (i) shall not apply to
                        a domestic corporation if such corporation (or
                        any predecessor) had an election in effect
                        under subsection (a)(4)(B)(iii) for any taxable
                        year beginning after December 31, 1996.''
    (b) Application on Separate Line of Business Basis; Eligible Line
of Business.--
            (1) In general.--Section 936(j) is amended by adding at the
        end the following new paragraph:
            ``(11) Application on line of business basis; eligible
        lines of business.--For purposes of this section--
                    ``(A) Application to separate line of business.--
                            ``(i) In general.--In determining the
                        amount of the credit under subsection (a)(1)(A)
                        for a corporation to which paragraph (2)(A)
                        applies, this section shall be applied
                        separately with respect to each substantial
                        line of business of the corporation.
                            ``(ii) Exceptions for existing credit
                        claimant.--This paragraph shall not apply to a
                        line of business with respect to which the
                        qualified domestic corporation is an existing
                        credit claimant under paragraph (9).
                            ``(iii) Allocation.--The Secretary shall
                        prescribe rules necessary to carry out the
                        purposes of this subparagraph, including
                        rules--
                                    ``(I) for the allocation of items
                                of income, gain, deduction, and loss
                                for purposes of determining taxable
                                income under subsection (a)(1)(A), and
                                    ``(II) for the allocation of wages,
                                fringe benefit expenses, and
                                depreciation allowances for purposes of
                                applying the limitations under
                                subsection (a)(4)(A).
                    ``(B) Eligible line of business.--For purposes of
                this subsection, the term `eligible line of business'
                means a substantial line of business in any of the
                following trades or businesses:
                            ``(i) Manufacturing.
                            ``(ii) Agriculture.
                            ``(iii) Forestry.
                            ``(iv) Fishing.''
            (2) New lines of business.--Section 936(j)(9)(B) is amended
        to read as follows:
                    ``(B) New lines of business.--A corporation shall
                not be treated as an existing credit claimant with
                respect to any substantial new line of business which
                is added after October 13, 1995, unless such addition
                is pursuant to an acquisition described in subparagraph
(A)(ii).''
            (3) Separate lines of business.--Section 936(j), as amended
        by paragraph (1), is amended by adding at the end the following
        new paragraph:
            ``(12) Substantial line of business.--For purposes of this
        subsection (other than paragraph (9)(B) thereof), the
        determination of whether a line of business is a substantial
        line of business shall be determined by reference to 2-digit
        codes under the North American Industry Classification System
        (62 Fed. Reg. 17288 et seq., formerly known as `SIC codes').''
    (c) Repeal of Base Period Cap for Economic Activity Credit.--
            (1) In general.--Section 936(j)(3) is amended to read as
        follows:
            ``(3) Additional restricted reduced credit.--
                    ``(A) In general.--In the case of an existing
                credit claimant to which paragraph (2)(B) applies, the
                credit determined under subsection (a)(1)(A) shall be
                allowed for any taxable year beginning after December
                31, 1998, and before January 1, 2006, except that the
                aggregate amount of taxable income taken into account
                under subsection (a)(1)(A) for such taxable year shall
                not exceed the adjusted base period income of such
                claimant.
                    ``(B) Coordination with subsection (a)(4)(B).--The
                amount of income described in subsection (a)(1)(A)
                which is taken into account in applying subsection
                (a)(4)(B) shall be such income as reduced under this
                paragraph.''
            (2) Conforming amendments.--
                    (A) Section 936(j)(2)(A), as amended by subsection
                (a), is amended by striking ``2002'' and inserting
                ``2006''.
                    (B) Section 30A(e)(1), as amended by section
                2(c)(2), is amended by striking ``subsection
                (j)(3)(A)(ii)'' and inserting ``the exception under
                subsection (j)(3)(A)''.
    (d) Application of Credit.--
            (1) In general.--Section 936(j)(2)(A), as amended by this
        section, is amended by striking ``January 1, 2006'' and
        inserting ``January 1, 2009''.
            (2) Special rules for applicable possessions.--Section
        936(j)(8)(A) is amended to read as follows:
                    ``(A) In general.--In the case of an applicable
                possession--
                            ``(i) this section (other than the
                        preceding paragraphs of this subsection) shall
                        not apply for taxable years beginning after
                        December 31, 1995, and before January 1, 2006,
                        with respect to any substantial line of
                        business actively conducted in such possession
                        by a domestic corporation which is an existing
                        credit claimant with respect to such line of
                        business, and
                            ``(ii) this section (including this
                        subsection) shall apply--
                                    ``(I) with respect to any
                                substantial line of business not
                                described in clause (i) for taxable
                                years beginning after December 31,
                                1998, and before January 1, 2009, and
                                    ``(II) with respect to any
                                substantial line of business described
                                in clause (i) for taxable years
                                beginning after December 31, 2006, and
                                before January 1, 2009.''
    (e) Effective Dates.--
            (1) In general.--The amendments made by this section shall
        apply to taxable years beginning after December 31, 1998.
            (2) New lines of business.--The amendment made by
        subsection (b)(2) shall apply to taxable years beginning after
        December 31, 1995.

Summary: Puerto Rico Economic Activity Credit Improvement Act of 1999 - Amends the Internal Revenue Code to modify the requirements for corporations to be eligible for the Puerto Rico economic activity credit. Requires that, in determining the credit amount, the credit provisions be applied separately to each substantial line of business of the corporation. Removes provisions limiting, in taxable years beginning after 2001, the aggregate taxable income taken into account in determining the amount of the credit. Amends provisions relating to the Puerto Rico and possession tax credit to modify, with respect to possessions other than Puerto Rico, corporate eligibility requirements. Requires that, in determining the credit amount, the credit provisions be applied separately to each substantial line of business of the corporation. Modifies additional restricted credit requirements. Sets forth credit rules applicable to Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Worker Ownership, Readiness and
Knowledge Act'' or the ``WORK Act''.

SEC. 2. DEFINITIONS.

    (a) In this Act:
            (1) Director.--The term ``Director'' means the Director of
        Employee Ownership and Participation.
            (2) Existing program.--The term ``existing program'' means
        a program, designed to promote employee ownership and employee
        participation in business decisionmaking, that exists on the
        date the Director is carrying out a responsibility authorized
        by this Act.
            (3) New program.--The term ``new program'' means a program,
        designed to promote employee ownership and employee
        participation in business decisionmaking, that does not exist
        on the date the Director is carrying out a responsibility
        authorized by this Act.
            (4) Office.--The term ``Office'' means the Office of
        Employee Ownership and Participation established under section
        3.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Labor.
            (6) State.--The term ``State'' means any of the 50 States
        within the United States of America.

SEC. 3. OFFICE OF EMPLOYEE OWNERSHIP AND PARTICIPATION.

    (a) Establishment.--The Secretary shall establish within the
Department of Labor an Office of Employee Ownership and Participation
to promote employee ownership and employee participation in business
decisionmaking.
    (b) Director.--The Secretary shall appoint a Director of Employee
Ownership and Participation to head the Office.
    (c) Functions.--The functions of the Director are to--
            (1) support within the States existing programs designed to
        promote employee ownership and employee participation in
        business decisionmaking; and
            (2) facilitate within the States the formation of new
        programs designed to promote employee ownership and employee
        participation in business decisionmaking.
    (d) Duties.--To carry out the functions enumerated in subsection
(c), the Director shall--
            (1) support new programs and existing programs by--
                    (A) making Federal grants authorized under section
                5; and
                    (B)(i) acting as a clearinghouse on techniques
                employed by new programs and existing programs within
                the States, and disseminating information relating to
                those techniques to the programs; or
                    (ii) funding projects for information gathering on
                those techniques, and dissemination of that information
                to the programs, by groups outside the Office; and
            (2) facilitate the formation of new programs, in ways that
        include holding or funding an annual conference of
        representatives from States with existing programs,
        representatives from States developing new programs, and
        representatives from States without existing programs.

SEC. 4. PROGRAMS REGARDING EMPLOYEE OWNERSHIP AND PARTICIPATION.

    (a) Establishment of Program.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall establish a program,
administered by the Director, to encourage new and existing programs
within the States, designed to foster employee ownership and employee
participation in business decisionmaking throughout the United States.
    (b) Purpose of Program.--The purpose of the program established
under subsection (a) is to encourage new and existing programs within
the States that focus on--
            (1) providing education and outreach to inform employees
        and employers about the possibilities and benefits of employee
        ownership, business ownership succession planning, and employee
        participation in business decisionmaking, including providing
        information about financial education, employee teams, open-
        book management, and other tools that enable employees to share
        ideas and information about how their businesses can succeed;
            (2) providing technical assistance to assist employee
        efforts to become business owners, to enable employers and
        employees to explore and assess the feasibility of transferring
        full or partial ownership to employees, and to encourage
        employees and employers to start new employee-owned businesses;
            (3) training employees and employers with respect to
        methods of employee participation in open-book management, work
        teams, committees, and other approaches for seeking greater
        employee input; and
            (4) training other entities to apply for funding under this
        section, to establish new programs, and to carry out program
        activities.
    (c) Program Details.--The Secretary may include, in the program
established under subsection (a), provisions that--
            (1) in the case of activities under subsection (b)(1)--
                    (A) target key groups such as retiring business
                owners, senior managers, unions, trade associations,
                community organizations, and economic development
                organizations;
                    (B) encourage cooperation in the organization of
                workshops and conferences; and
                    (C) prepare and distribute materials concerning
                employee ownership and participation, and business
                ownership succession planning;
            (2) in the case of activities under subsection (b)(2)--
                    (A) provide preliminary technical assistance to
                employee groups, managers, and retiring owners
                exploring the possibility of employee ownership;
                    (B) provide for the performance of preliminary
                feasibility assessments;
                    (C) assist in the funding of objective third-party
                feasibility studies and preliminary business
                valuations, and in selecting and monitoring
                professionals qualified to conduct such studies; and
                    (D) provide a data bank to help employees find
                legal, financial, and technical advice in connection
                with business ownership;
            (3) in the case of activities under subsection (b)(3)--
                    (A) provide for courses on employee participation;
                and
                    (B) provide for the development and fostering of
                networks of employee-owned companies to spread the use
                of successful participation techniques; and
            (4) in the case of training under subsection (b)(4)--
                    (A) provide for visits to existing programs by
                staff from new programs receiving funding under this
                Act; and
                    (B) provide materials to be used for such training.
    (d) Regulations.--The Secretary shall promulgate regulations
pursuant to this Act that require new and existing programs established
or funded under this Act to be--
            (1) proactive in encouraging actions and activities that
        promote employee ownership of, and participation in,
        businesses; and
            (2) comprehensive in emphasizing both employee ownership
        of, and participation in, businesses so as to increase
        productivity and broaden capital ownership.

SEC. 5. GRANTS.

    (a) In General.--In carrying out the program established under
section 4, the Director may make grants for use in connection with new
programs and existing programs within a State for any of the following
activities:
            (1) Education and outreach as provided in section 4(b)(1).
            (2) Technical assistance as provided in section 4(b)(2).
            (3) Training activities for employees and employers as
        provided in section 4(b)(3).
            (4) Activities facilitating cooperation among employee-
        owned firms.
            (5) Training as provided in section 4(b)(4) for new
        programs provided by participants in existing programs
        dedicated to the objectives of this Act, except that, for each
        fiscal year, the amount of the grants made for such training
        shall not exceed 10 percent of the total amount of the grants
        made under this Act.
    (b) Amounts and Conditions.--The Director shall determine the
amount and any conditions for a grant made under this section. The
amount of the grant shall be subject to subsection (f), and shall
reflect the capacity of the applicant for the grant.
    (c) Applications.--Each entity desiring a grant under this section
shall submit an application to the Director at such time, in such
manner, and accompanied by such information as the Director may
reasonably require.
    (d) State Applications.--Each State may sponsor and submit an
application under subsection (c) on behalf of any local entity
consisting of a unit of State or local government, State-supported
institution of higher education, or nonprofit organization, meeting the
requirements of this Act.
    (e) Applications by Entities.--
            (1) Entity applications.--If a State fails to support or
        establish a program pursuant to this Act during any fiscal
        year, the Director shall, in the subsequent fiscal years, allow
        local entities described in subsection (d) from that State to
        make applications for grants under subsection (c) on their own
        initiative.
            (2) Application screening.--Any State failing to support or
        establish a program pursuant to this Act during any fiscal year
        may submit applications under subsection (c) in the subsequent
        fiscal years but may not screen applications by local entities
        described in subsection (d) before submitting the applications
        to the Director.
    (f) Limitations.--A recipient of a grant made under this section
shall not receive, during a fiscal year, in the aggregate, more than
the following amounts:
            (1) For fiscal year 2010, $300,000.
            (2) For fiscal year 2011, $330,000.
            (3) For fiscal year 2012, $363,000.
            (4) For fiscal year 2013, $399,300.
            (5) For fiscal year 2014, $439,200.
    (g) Annual Report.--For each year, each recipient of a grant under
this section shall submit to the Director a report describing how grant
funds allocated pursuant to this section were expended during the 12-
month period preceding the date of the submission of the report.

SEC. 6. OFFICE REPORTING.

    Not later than the expiration of the 36-month period following the
date of enactment of this Act, the Director shall prepare and submit to
Congress a report--
            (1) on progress related to employee ownership and
        participation in businesses in the United States; and
            (2) containing an analysis of critical costs and benefits
        of activities carried out under this Act.

SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for the
purpose of making grants pursuant to section 5 the following:
            (1) For fiscal year 2010, $3,500,000.
            (2) For fiscal year 2011, $5,500,000.
            (3) For fiscal year 2012, $8,000,000.
            (4) For fiscal year 2013, $10,500,000.
            (5) For fiscal year 2014, $13,500,000.
    (b) Administrative Expenses.--There are authorized to be
appropriated for the purpose of funding the Office, for each of fiscal
years 2010 through 2014, an amount not in excess of--
            (1) $350,000; or
            (2) 5.0 percent of the maximum amount available under
        subsection (a) for that fiscal year.

Summary: Worker Ownership, Readiness and Knowledge Act or the WORK Act - Directs the Secretary of Labor to establish within the Department of Labor an Office of Employee Ownership and Participation to promote employee ownership and employee participation in business decisionmaking. Requires the Office Director, with federal grants and acting as an information clearinghouse, to: (1) support existing programs in the states designed to promote employee ownership and employee participation in business decisionmaking. And (2) promote the formation of new such programs. Directs the Secretary to establish a program, administered by the Director, which is designed to foster employee ownership and employee participation in business decisionmaking throughout the United States.

A bill to provide State programs to encourage employee ownership and participation in business decisionmaking throughout the United States, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Great Lakes National Program Act''.

SEC. 2. LAKEWIDE MANAGEMENT PLANS.

    Paragraph (4) of section 118(c) of the Federal Water Pollution
Control Act (33 U.S.C. 1268(c)(4)) is amended to read as follows:
            ``(4) Lakewide management plans.--
                    ``(A) Deadlines.--
                            ``(i) Lake michigan and lake superior.--Not
                        later than January 1, 1995, the Administration
                        shall publish in the Federal Register the final
                        Lakewide Management Plan for Lake Michigan and
                        Lake Superior.
                            ``(ii) Lake erie, lake huron, and lake
                        ontario.--Not later than January 1, 1998, the
                        Administrator shall publish in the Federal
                        Register proposed Lakewide Management Plans for
                        Lake Erie, Lake Huron, and Lake Ontario.
                    ``(B) Contents.--Each Lakewide Management Plan
                shall be consistent with the requirements of Annex 2 of
                the Great Lakes Water Quality Agreement, and shall--
                            ``(i) include an assessment of the
                        environmental condition of the lake, including
                        water and sediment quality and natural
                        resources;
                            ``(ii) identify--
                                    ``(I) the pollutants that exceed
                                water or sediment quality standards in
                                the lake, describing the loadings of
                                the pollutants to the lake, including
                                conventional, non-conventional, and
                                toxic pollutants; and
                                    ``(II) the point and nonpoint
                                sources of the pollutants;
                            ``(iii) provide a comprehensive protection
                        plan recommending specific actions to restore
                        and maintain the chemical, physical, and
                        biological integrity of the lake, including--
                                    ``(I) the specific measures to
                                protect and maintain high quality
                                waters; and
                                    ``(II) an identification of the
                                reduction in loadings of pollutants
                                identified in clause (ii) to ensure the
                                restoration and attainment of water and
                                sediment quality standards, and the
                                protection and propagation of a
                                balanced indigenous population of fish,
                                shellfish, and wildlife and recreation
                                in and on the water; and
                            ``(iv) provide a schedule for implementing
                        recommended actions, including the
                        identification of the agencies and sources
                        responsible for implementing the loading
                        reductions, and the funding sources to support
                        the implementation.
                    ``(C) Cooperation.--Each Lakewide Management Plan
                shall be developed in cooperation with--
                            ``(i) the State or States bordering the
                        lake, including the public in the State or
                        States;
                            ``(ii) appropriate representatives of
                        Canada; and
                            ``(iii) the Great Lakes Policy
                        Committee.''.

SEC. 3. SEDIMENT CLEANUP.

    (a) Removal of Toxic Pollutants.--Section 118(c)(7) of the Federal
Water Pollution Control Act (33 U.S.C. 1268(c)(7)) is amended by adding
at the end the following new subparagraphs:
                    ``(D) Full scale demonstration projects.--
                            ``(i) In general.--The Program Office shall
                        conduct 5 full scale demonstration projects of
                        promising technologies to remedy contaminated
                        sediments at such sites as the Program Office
                        determines are appropriate.
                            ``(ii) Selection of sites.--In selecting
                        sites for the demonstration projects, the
                        Program Office shall give priority
                        consideration to the sites referred to in
                        subparagraph (A).
                            ``(iii) Deadlines.--The Program Office
                        shall--
                                    ``(I) not later than December 31,
                                1995, complete engineering plans for
                                the full scale demonstration projects
                                to be conducted under this
                                subparagraph; and
                                    ``(II) not later than December 31,
                                2000, complete the full scale
                                demonstration projects to be conducted
                                under this subparagraph.
                    ``(E) Assessments and pilot scale demonstration
                projects.--
                            ``(i) Assessments.--
                                    ``(I) In general.--The Program
                                Office shall conduct chemical,
                                physical, and biological assessments of
                                contaminated sediments at each area of
                                concern.
                                    ``(II) Recommendations.--Bases on
                                the assessments, the Program Office
                                shall make recommendations on
                                technologies to remedy contaminated
                                sediments at each such area.
                                    ``(III) Use of previous findings.--
                                In conducting the assessments, the
                                Program Office shall incorporate
                                previous findings which are relevant to
                                the assessments and avoid duplication
                                of previous or ongoing efforts.
                            ``(ii) Pilot scale demonstration
                        projects.--If, after conducting assessments
                        under clause (i), the Program Office does not
                        have sufficient information to make
                        recommendations on technologies to remedy
                        contaminated sediments at an area of concern,
                        the Program Office shall obtain such
                        information by conducting a pilot scale
                        demonstration project of promising technologies
                        to remedy contaminated sediments at the area of
                        concern.
                            ``(iii) Deadlines.--The Program Office
                        shall--
                                    ``(I) not later than December 31,
                                1999, complete assessments of
                                contaminated sediments to be conducted
                                under clause (i);
                                    ``(II) not later than December 31,
                                1999, transmit to Congress (as part of
                                a comprehensive report required by
                                paragraph (10)) recommendations made
                                under clause (i) on technologies to
                                remedy contaminated sediments for those
                                areas of concern for which the Program
                                Office has sufficient information to
                                make the recommendations and a
                                description of pilot scale
                                demonstration projects to be conducted
                                under clause (ii), including the
                                locations of such projects and
                                engineering plans for such projects;
                                and
                                    ``(III) not later than December 31,
                                2001, complete all pilot scale
                                demonstration projects to be conducted
                                under clause (ii) and transmit to
                                Congress (as part of a comprehensive
                                report required by paragraph (10)) a
                                final report containing findings on
                                activities conducted under this
                                subparagraph and recommendations for
                                remediation of contaminated sediments
                                at each area of concern.
                    ``(F) Dissemination of information and
                coordination.--The Program Office shall assist in and
                promote the dissemination of information on
                technologies to remedy contaminated sediments at areas
                of concern, including the dissemination of such
                information to Federal departments and agencies.''.
    (b) Conforming and Technical Amendments.--Section 118(c) of such
Act (33 U.S.C. 1268(c)) is amended--
            (1) in the heading to paragraph (6), by striking ``5-year
        plan and program'' and inserting ``Plan and program'';
            (2) in the heading to paragraph (7), by striking ``5-year
        study and demonstration projects'' and inserting ``Study and
        demonstration projects''; and
            (3) in paragraph (7)--
                    (A) by striking ``(A)'' and inserting ``(A) 5-year
                study.--'';
                    (B) by indenting subparagraph (A) and aligning
                subparagraph (A) with subparagraph (B);
                    (C) by striking ``(B)'' and inserting ``(B)
                Deadlines for demonstration projects.--''; and
                    (D) by striking ``(C)'' and inserting ``(C)
                Publication of information.--''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    Subsection (h) of section 118 of the Federal Water Pollution
Control Act (33 U.S.C. 1268(h)) is amended to read as follows:
    ``(h) Authorization of Appropriations.--There is authorized to be
appropriated for activities of the Program Office $30,000,000 per
fiscal year for each of fiscal years 1994 through 2000. Such sums shall
remain available until expended.''.

Summary: Great Lakes National Program Act - Amends the Federal Water Pollution Control Act to extend the deadline for the publication of the final Lakewide Management Plan for Lake Michigan and to establish publication deadlines for a final plan for Lake Superior and proposed plans for Lake Erie, Lake Huron, and Lake Ontario. Directs the Great Lakes National Program Office to: (1) conduct five demonstration projects of promising technologies to remedy contaminated sediments at appropriate sites. (2) conduct chemical, physical, and biological assessments of contaminated sediments at each area of concern and make recommendations on technologies to remedy contaminated sediments. And (3) report findings and recommendations to the Congress. Extends the authorization of appropriations for the Great Lakes water quality program through FY 2000.

Great Lakes National Program Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sunset Wasteful Executive
Expenditures and Programs Act of 2013''.

SEC. 2. REQUIREMENT FOR THE COMPTROLLER GENERAL TO REVIEW EXECUTIVE
              DEPARTMENTS TO ENSURE THEY CONTINUE TO SERVE A PUBLIC
              NEED.

    (a) Amendment.--Chapter 7 of title 31, United States Code, is
amended by adding at the end of subchapter II the following new
section:
``Sec. 721. Review of Executive departments to ensure they continue to
              serve a public need
    ``(a) Review Required.--Each year, beginning with 2014, the
Comptroller General of the United States shall review three Executive
departments, in the order of their creation, to identify agencies and
programs within the jurisdiction of the departments that perform
similar or related functions and that no longer serve a public need.
The Comptroller General shall review every department at least once
every five years.
    ``(b) Criteria.--The Comptroller General shall evaluate the
efficiency and public need for each Executive department pursuant to
subsection (a) using the following criteria:
            ``(1) The effectiveness and the efficiency of the operation
        of the programs carried out by each such Executive department.
            ``(2) Whether the programs carried out by the Executive
        department are cost-effective.
            ``(3) Whether the Executive department has acted outside
        the scope of its original authority, and whether the original
        objectives of the department have been achieved.
            ``(4) Whether less restrictive or alternative methods exist
        to carry out the functions of the Executive department.
            ``(5) The extent to which the jurisdiction of, and the
        programs administered by, the Executive department duplicate or
        conflict with the jurisdiction and programs of other Executive
        departments.
            ``(6) The potential benefits of consolidating programs
        administered by the Executive department with similar or
        duplicative programs of other Executive departments, and the
        potential for consolidating such programs.
            ``(7) The number and types of beneficiaries or persons
        served by programs carried out by the Executive department.
            ``(8) The extent to which any trends, developments, and
        emerging conditions that are likely to affect the future nature
        and extent of the problems or needs that the programs carried
        out by the Executive department are intended to address.
            ``(9) The extent to which the Executive department has
        complied with the provisions contained in sections 1115 through
        1119 of this title (relating to Government performance planning
        and reporting).
            ``(10) Whether the Executive department has worked to enact
        changes in the law that are intended to benefit the public as a
        whole rather than the specific business, institution, or
        individuals that the department regulates.
            ``(11) The extent to which the Executive department has
        encouraged participation by the public as a whole in making its
        rules and decisions rather than encouraging participation
        solely by those it regulates.
            ``(12) The extent to which the public participation in
        rulemaking and decisionmaking of the Executive department has
        resulted in rules and decisions compatible with the objectives
        of the department.
            ``(13) The extent to which the Executive department
        complies with section 552 of title 5, United States Code
        (commonly known as the `Freedom of Information Act').
            ``(14) The extent of the regulatory, privacy, and paperwork
        impacts of the programs carried out by the Executive
        department.
            ``(15) The extent to which changes are necessary in the
        authorizing statutes of the Executive department in order that
        the function of the department can be performed in the most
        efficient and effective manner.
    ``(c) Annual Report and Recommended Legislation.--By February 1 of
each year, beginning with February 1, 2015, the Comptroller General
shall submit to Congress a report on the results of the review of the
Executive departments carried out during the preceding year. The report
shall include--
            ``(1) such recommendations as the Comptroller General
        considers necessary to facilitate the abolishment of agencies
        and programs within the Executive departments that perform
        similar or related functions that were identified pursuant to
        subsection (a) as no longer serving a public need; and
            ``(2) legislative language to implement those
        recommendations in a form appropriate for introduction in
        Congress as a bill.
    ``(d) Executive Department Defined.--In this section, the term
`Executive department' means each department listed in section 101 of
title 5, United States Code.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of title 31, United States Code, is amended by adding at the
end of subchapter II the following new item:

``721. Review of Executive departments to ensure they continue to serve
                            a public need.''.

SEC. 3. CONGRESSIONAL ACTION TO ENSURE EXECUTIVE DEPARTMENTS CONTINUE
              TO SERVE A PUBLIC NEED.

    (a) Abolishment of Departments.--
            (1) In general.--Not later than December 31 of each year,
        beginning with December 31, 2015, the three Executive
        departments that were reviewed by the Comptroller General of
        the United States during the preceding year pursuant to section
        721 of title 31, United States Code, shall be abolished.
            (2) Winding down.--The President, in coordination with the
        Secretary of each Executive department concerned, shall direct
        the procedures for the winding down of the operations of
        departments abolished under subsection (a).
            (3) Extension.--The date of abolishment for an Executive
        department may be extended for an additional two years if
        Congress enacts legislation extending such date by a vote of
        three-fifths of the House of Representatives and of the Senate.
    (b) Continuation of Departments.--
            (1) Approval of existence.--Congress may authorize the
        continued existence of an Executive department scheduled for
        abolishment by approving or rejecting the legislation
        containing the recommendations of the Comptroller General with
        respect to that department, as submitted under section
        721(c)(2) of title 31, United States Code, and introduced as a
        bill under subsection (c).
            (2) Future recommendations.--Action of Congress approving
        of an Executive department scheduled for abolishment does not
        prevent the department from being abolished in the next cycle
        for consideration.
    (c) Process for Consideration of Comptroller General's Report.--
            (1) Introduction.--After February 1 of each year, beginning
        with 2015, the legislation containing the recommendations of
        the Comptroller General with respect to the Executive
        departments reviewed during the preceding year, as submitted in
        the report of the Comptroller General under section 721(c)(2)
        of title 31, United States Code, shall be introduced in the
        Senate by the Majority Leader or the Majority Leader's
        designee, and in the House of Representatives by the Speaker or
        the Speaker's designee. Upon such introduction, the bill, to be
        known as a ``wasteful expenditures bill'' shall be referred to
        appropriate committees of Congress under paragraph (2). If the
        wasteful expenditures bill is not introduced in accordance with
        the preceding sentence, then any member of Congress may
        introduce such bill in the member's respective House of
        Congress beginning on the date that is the fifth calendar day
        that such House is in session following the date of the
        submission of such aggregate legislative provisions.
            (2) Committee consideration.--
                    (A) Referral.--A wasteful expenditures bill
                introduced under paragraph (1) shall be referred to any
                appropriate committee of jurisdiction in the Senate and
                the House of Representatives. A committee to which a
                wasteful expenditures bill is referred under this
                paragraph and may review and comment on such bill, may
                report such bill to the respective House, and may not
                amend such bill.
                    (B) Reporting.--Not later than 60 legislative days
                after the introduction of the wasteful expenditures
                bill, each Committee of Congress to which the wasteful
                expenditures bill was referred shall report the bill.
                    (C) Discharge of committee.--If a committee to
                which is referred a wasteful expenditures bill has not
                reported such bill at the end of 60 legislative days
                after its introduction or at the end of the first day
                after there has been reported to the House involved a
                wasteful expenditures bill, whichever is earlier, such
                committee shall be deemed to have been discharged from
                further consideration of such bill, and such bill shall
                be placed on the appropriate calendar of the House
                involved.
            (3) Expedited procedure.--
                    (A) Consideration.--
                            (i) In general.--Not later than 5
                        legislative days after the date on which a
                        committee has reported a wasteful expenditures
                        bill or been discharged from consideration of a
                        wasteful expenditures bill, the Majority Leader
                        of the Senate, or the Majority Leader's
                        designee, or the Speaker of the House of
                        Representatives, or the Speaker's designee,
                        shall move to proceed to the consideration of
                        the wasteful expenditures bill. It shall also
                        be in order for any member of the Senate or the
                        House of Representatives, respectively, to move
                        to proceed to the consideration of the wasteful
                        expenditures bill at any time after the
                        conclusion of such 5-day period.
                            (ii) Motion to proceed.--A motion to
                        proceed to the consideration of a wasteful
                        expenditures bill is highly privileged in the
                        House of Representatives and is privileged in
                        the Senate and is not debatable. The motion is
                        not subject to amendment or to a motion to
                        postpone consideration of the wasteful
                        expenditures bill. If the motion to proceed is
                        agreed to, the Senate or the House of
                        Representatives, as the case may be, shall
                        immediately proceed to consideration of the
                        wasteful expenditures bill without intervening
                        motion, order, or other business, and the
                        wasteful expenditures bill shall remain the
                        unfinished business of the Senate or the House
                        of Representatives, as the case may be, until
                        disposed of.
                            (iii) Limited debate.--Debate on the
                        wasteful expenditures bill and on all debatable
                        motions and appeals in connection therewith
                        shall be limited to not more than 10 hours,
                        which shall be divided equally between those
                        favoring and those opposing the wasteful
                        expenditures bill. A motion further to limit
                        debate on the wasteful expenditures bill is in
                        order and is not debatable. All time used for
                        consideration of the wasteful expenditures
                        bill, including time used for quorum calls
                        (except quorum calls immediately preceding a
                        vote) and voting, shall come from the 10 hours
                        of debate.
                            (iv) Amendments.--No amendment to the
                        wasteful expenditures bill shall be in order in
                        the Senate and the House of Representatives.
                            (v) Vote on final passage.--Immediately
                        following the conclusion of the debate on the
                        wasteful expenditures bill, the vote on final
                        passage of the wasteful expenditures bill shall
                        occur.
                            (vi) Other motions not in order.--A motion
                        to postpone consideration of the wasteful
                        expenditures bill, a motion to proceed to the
                        consideration of other business, or a motion to
                        recommit the wasteful expenditures bill is not
                        in order. A motion to reconsider the vote by
                        which the wasteful expenditures bill is agreed
                        to or not agreed to is not in order.
                    (B) Consideration by the other house.--If, before
                the passage by one House of the wasteful expenditures
                bill that was introduced in such House, such House
                receives from the other House a wasteful expenditures
                bill as passed by such other House--
                            (i) the wasteful expenditures bill of the
                        other House shall not be referred to a
                        committee and may only be considered for final
                        passage in the House that receives it under
                        subparagraph (C);
                            (ii) the procedure in the House in receipt
                        of the wasteful expenditures bill of the other
                        House, shall be the same as if no wasteful
                        expenditures bill had been received from the
                        other House; and
                            (iii) notwithstanding subparagraph (B), the
                        vote on final passage shall be on the wasteful
                        expenditures bill of the other House.
                    (C) Disposition.--Upon disposition of a wasteful
                expenditures bill that is received by one House from
                the other House, it shall no longer be in order to
                consider the wasteful expenditures bill that was
                introduced in the receiving House.
            (4) Legislative day.--In this section, the term
        ``legislative day'' means a day on which either House of
        Congress is in session.
            (5) Rules of the senate and the house of representatives.--
        This section is enacted--
                    (A) as an exercise of the rulemaking power of the
                Senate and the House of Representatives, respectively,
                and is deemed to be part of the rules of each House,
                respectively, but applicable only with respect to the
                procedure to be followed in that House in the case of a
                wasteful expenditures bill, and it supersedes other
                rules only to the extent that it is inconsistent with
                such rules; and
                    (B) with full recognition of the constitutional
                right of either House to change the rules (so far as
                they relate to the procedure of that House) at any
                time, in the same manner, and to the same extent as in
                the case of any other rule of that House.

Summary: Sunset Wasteful Executive Expenditures and Programs Act of 2013 - Requires the Comptroller General (GAO): (1) each year, beginning in 2014, to review three executive departments to identify agencies and programs that perform similar or related functions and that no longer serve a public need. (2) to review every executive department at least once every five years. And (3) each year, beginning on February 1, 2015, to report to Congress on the results of the reviews of executive departments carried out during the preceding year with recommendations for abolishing agencies and programs that perform similar or related functions and no longer serve a public need. Abolishes by December 31 of each year, beginning with 2015, the three executive departments reviewed by the Comptroller General during the preceding year. Requires the President to direct procedures for the winding down of the operations of each abolished department. Allows Congress to authorize the continued existence of an executive department scheduled for abolishment. Sets forth the process for congressional consideration of the Comptroller General's report, including an expedited procedure for consideration of resulting legislation to be known as a wasteful expenditures bill.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Intelligence Surveillance
Oversight and Resource Enhancement Act of 2006''.

    TITLE I--ENHANCEMENT OF RESOURCES AND PERSONNEL FOR ELECTRONIC
             SURVEILLANCE FOR FOREIGN INTELLIGENCE PURPOSES

SEC. 101. FOREIGN INTELLIGENCE SURVEILLANCE COURT MATTERS.

    (a) Authority for Additional Judges.--Section 103(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) in paragraph (1), as so designated, by inserting ``at
        least'' before ``seven of the United States judicial
        circuits'';
            (3) by designating the second sentence as paragraph (4) and
        indenting such paragraph, as so designated, accordingly; and
            (4) by inserting after paragraph (1), as so designated, the
        following new paragraph:
            ``(2) In addition to the judges designated under paragraph
        (1), the Chief Justice of the United States may designate as
        judges of the court established by paragraph (1) such judges
        appointed under Article III of the Constitution of the United
        States as the Chief Justice determines appropriate in order to
        provide for the prompt and timely consideration under section
        105 of applications under section 104 for electronic
        surveillance under this title. Any judge designated under this
        paragraph shall be designated publicly.''.
    (b) Consideration of Emergency Applications.--Such section is
further amended by inserting after paragraph (2), as added by
subsection (a) of this section, the following new paragraph:
            ``(3) A judge of the court established by paragraph (1)
        shall make a determination to approve, deny, or seek
        modification of an application submitted under section
        subsection (f) or (g) of section 105 not later than 24 hours
        after the receipt of such application by the court.''.

SEC. 102. ADDITIONAL PERSONNEL FOR PREPARATION AND CONSIDERATION OF
              APPLICATIONS FOR ORDERS APPROVING ELECTRONIC
              SURVEILLANCE.

    (a) Office of Intelligence Policy and Review.--
            (1) Additional personnel.--The Office of Intelligence
        Policy and Review of the Department of Justice is authorized
        such additional personnel, including not fewer than 21 full-
        time attorneys, as may be necessary to carry out the prompt and
        timely preparation, modification, and review of applications
        under section 104 of the Foreign Intelligence Surveillance Act
        of 1978 (50 U.S.C. 1804) for orders under section 105 of that
        Act (50 U.S.C. 1805) approving electronic surveillance for
        foreign intelligence purposes.
            (2) Assignment.--The Attorney General shall assign
        personnel authorized by paragraph (1) to and among appropriate
        offices of the National Security Agency in order that such
        personnel may directly assist personnel of the Agency in
        preparing applications described in that paragraph.
    (b) Federal Bureau of Investigation.--
            (1) Additional legal and other personnel.--The National
        Security Branch of the Federal Bureau of Investigation is
        authorized such additional legal and other personnel as may be
        necessary to carry out the prompt and timely preparation of
        applications under section 104 of the Foreign Intelligence
        Surveillance Act of 1978 for orders under section 105 of that
        Act approving electronic surveillance for foreign intelligence
        purposes.
            (2) Assignment.--The Director of the Federal Bureau of
        Investigation shall assign personnel authorized by paragraph
        (1) to and among the field offices of the Federal Bureau of
        Investigation in order that such personnel may directly assist
        personnel of the Bureau in such field offices in preparing
        applications described in that paragraph.
    (c) Additional Legal and Other Personnel for National Security
Agency.--The National Security Agency is authorized such additional
legal and other personnel as may be necessary to carry out the prompt
and timely preparation of applications under section 104 of the Foreign
Intelligence Surveillance Act of 1978 for orders under section 105 of
that Act approving electronic surveillance for foreign intelligence
purposes.
    (d) Additional Legal and Other Personnel for Foreign Intelligence
Surveillance Court.--There is authorized for the Foreign Intelligence
Surveillance Court such additional personnel (other than judges) as may
be necessary to facilitate the prompt and timely consideration by that
Court of applications under section 104 of the Foreign Intelligence
Surveillance Act of 1978 for orders under section 105 of that Act
approving electronic surveillance for foreign intelligence purposes.
Personnel authorized by this paragraph shall perform such duties
relating to the consideration of such applications as that Court shall
direct.
    (e) Supplement Not Supplant.--The personnel authorized by this
section are in addition to any other personnel authorized by law.

SEC. 103. TRAINING OF FEDERAL BUREAU OF INVESTIGATION AND NATIONAL
              SECURITY AGENCY PERSONNEL IN FOREIGN INTELLIGENCE
              SURVEILLANCE MATTERS.

    The Director of the Federal Bureau of Investigation and the
Director of the National Security Agency shall each, in consultation
with the Attorney General--
            (1) develop regulations establishing procedures for
        conducting and seeking approval of electronic surveillance on
        an emergency basis, and for preparing and properly submitting
        and receiving applications and orders, under sections 104 and
        105 of the Foreign Intelligence Surveillance Act of 1978 (50
        U.S.C. 1804 and 1805); and
            (2) prescribe related training for the personnel of the
        applicable agency.

  TITLE II--IMPROVEMENT OF FOREIGN INTELLIGENCE SURVEILLANCE AUTHORITY

SEC. 201. EXTENSION OF PERIOD FOR APPLICATIONS FOR ORDERS FOR EMERGENCY
              ELECTRONIC SURVEILLANCE.

    Section 105(f) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1805(f)) is amended by striking ``72 hours'' both places it
appears and inserting ``168 hours''.

SEC. 202. ACQUISITION OF FOREIGN-FOREIGN COMMUNICATIONS.

    (a) In General.--Notwithstanding any other provision of this Act or
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.), no court order shall be required for the acquisition through
electronic surveillance of the contents of any communication between
one person who is not located within the United States and another
person who is not located within the United States for the purpose of
collecting foreign intelligence information even if such communication
passes through, or the surveillance device is located within, the
United States.
    (b) Treatment of Intercepted Communications Involving Domestic
Party.--If surveillance conducted, as described in subsection (a),
inadvertently collects a communication in which at least one party is
within the United States, the contents of such communications shall be
handled in accordance with the minimization procedures set forth in
section 101(h)(4) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801(h)(4)).
    (c) Definitions.--In this section, the terms ``contents'',
``electronic surveillance'', and ``foreign intelligence information''
have the meaning given such terms in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

SEC. 203. INDIVIDUALIZED FISA APPLICATIONS.

    The contents of any wire or radio communication sent by a person
who is reasonably believed to be inside the United States to a person
outside the United States may not be retained or used unless a court
order authorized under the Foreign Intelligence Surveillance Act is
obtained.

SEC. 204. ISSUES RESERVED FOR THE COURTS.

    Nothing in this Act shall be deemed to amend those provisions of
FISA concerning any wire or radio communication sent from outside the
United States to a person inside the United States. The
constitutionality of such interceptions shall be determined by the
courts, including the President's claim that his article II authority
supersedes FISA.

TITLE III--ENHANCED CONGRESSIONAL OVERSIGHT AND SUPREME COURT REVIEW OF
                   THE TERRORIST SURVEILLANCE PROGRAM

SEC. 301. CONGRESSIONAL OVERSIGHT.

    (a) Electronic Surveillance Under FISA.--Section 108 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1808) is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (B), by striking ``and'' at the
                end;
                    (B) in subparagraph (C), by striking the period and
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) the authority under which the electronic
                surveillance is conducted.''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) On a semiannual basis, the Attorney General additionally
shall fully inform the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on Intelligence
of the Senate on electronic surveillance conducted without a court
order.''.
    (b) Intelligence Activities.--The National Security Act of 1947 (50
U.S.C. 401 et seq.) is amended--
            (1) in section 501 (50 U.S.C. 413)--
                    (A) by redesignating subsection (f) as subsection
                (g); and
                    (B) by inserting after subsection (e) the following
                new subsection:
    ``(f) The Chair of each of the congressional intelligence
committees, in consultation with the ranking member of the committee
for which the person is Chair, may inform, on a bipartisan basis, all
members or any individual members of such committee of a report
submitted under subsection (a)(1) or subsection (b) as such Chair
considers necessary.''; and
            (2) in section 502 (50 U.S.C. 414), by adding at the end
        the following new subsection:
    ``(d) Informing of Committee Members.--The Chair of each of the
congressional intelligence committees, in consultation with the ranking
member of the committee for which the person is Chair, may inform, on a
bipartisan basis, all members or any individual members of such
committee of a report submitted under subsection (a) as such Chair
considers necessary.''.

SEC. 302. SUPREME COURT REVIEW OF THE TERRORIST SURVEILLANCE PROGRAM.

    (a) In General.--Upon appeal by the United States or any party to
the underlying proceedings, the Supreme Court of the United States
shall review the final decision of any United States court of appeal
concerning the legality of the Terrorist Surveillance Program.
    (b) Expedited Consideration.--It shall be the duty of the Supreme
Court of the United States to advance on the docket and to expedite to
the greatest possible extent the disposition of any matter brought
under subsection (a).
    (c) Definition.--In this section, the term ``Terrorist Surveillance
Program'' means the program identified by the President of the United
States on December 17, 2005, to intercept international communications
into and out of the United States of persons linked to al Qaeda or
related terrorist organizations.

                        TITLE IV--OTHER MATTERS

SEC. 401. DEFINITION.

    In this Act, the term ``Foreign Intelligence Surveillance Court''
means the court established by section 103(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act.

SEC. 403. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on
the date that is 30 days after the date of the enactment of this Act.

Summary: Foreign Intelligence Surveillance Oversight and Resource Enhancement Act of 2006 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to: (1) authorize the appointment of additional judges to the Foreign Intelligence Surveillance Court (Court). And (2) require FISA judges to act on applications for emergency electronic surveillance within 24 hours. Authorizes the hiring of additional personnel in the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), National Security Agency (NSA), and the Court to process surveillance applications. Requires the Directors of the FBI and NSA to develop regulations for conducting and seeking approval for emergency electronic surveillance, preparing and submitting applications for such surveillance, and training personnel. Extends from 72 to 168 hours the period during which the Attorney General may authorize emergency electronic surveillance pending judicial authorization of such surveillance. Permits electronic surveillance without a court order of communications between individuals outside the United States for the purpose of collecting foreign intelligence information even if such communications pass through, or the surveillance device is located within, the United States. Requires a court order for the contents of any wire or radio communication sent by a person inside the United States to a person outside the United States. Authorizes enhanced congressional oversight of electronic surveillance activities under FISA. Requires Supreme Court review of any final decision of a US court of appeals concerning the legality of the Terrorist Surveillance Program.

A bill to provide sufficient resources to permit electronic surveillance of United States persons for foreign intelligence purposes to be conducted pursuant to individualized court-based orders for calls originating in the United States, to provide additional resources to enhance oversight and streamline the procedures of the Foreign Intelligence Surveillance Act of 1978, to ensure review of the Terrorist Surveillance Program by the United States Supreme Court, and for other purposes.


SECTION 1. INFORMATION MADE AVAILABLE IN ELECTRONIC FORMAT AND
              INDEXATION OF RECORDS.

    Section 552(a)(2) of title 5, United States Code, is amended--
            (1) in the second sentence, by striking out ``or staff
        manual or instruction'' and inserting ``staff manual,
        instruction, or copies of records referred to in subparagraph
        (D)'';
            (2) by inserting before the period at the end of the 3rd
        sentence the following: ``, and the extent of such deletion
        shall be indicated on the portion of the record which is made
        available or published'';
            (3) by inserting after the 3rd sentence the following: ``If
        technically feasible, the extent of the deletion shall be
        indicated at the place in the record where the deletion was
        made.'';
            (4) in subparagraph (B), by striking ``and'' after the
        semicolon;
            (5) by inserting after subparagraph (C) the following:
            ``(D) copies of all records, regardless of form or format,
        which have been released to any person under paragraph (3) and
        which, because of the nature of their subject matter, the
        agency determines have become or are likely to become the
        subject of subsequent requests for substantially the same
        records; and
            ``(E) a general index of the records referred to under
        subparagraph (D);'';
            (6) by inserting after the 5th sentence the following:
        ``Each agency shall make the index referred to in subparagraph
        (E) available by electronic means by December 31, 1999.''; and
            (7) by inserting after the 1st sentence the following:
        ``For records created on or after November 1, 1996, within one
        year after such date, each agency shall make such records
        available by computer telecommunications or, if computer
        telecommunications means have not been established by the
        agency, by other electronic means.''.

SEC. 2. REPORT TO THE CONGRESS.

    Section 552(e) of title 5, United States Code, is amended to read
as follows:
    ``(e)(1) On or before February 1 of each year, each agency shall
submit to the Attorney General a report which shall cover the preceding
fiscal year and which shall include--
            ``(A) the number of determinations made by the agency not
        to comply with requests for records made to such agency under
        subsection (a) and the reasons for each such determination;
            ``(B)(i) the number of appeals made by persons under
        subsection (a)(6), the result of such appeals, and the reason
        for the action upon each appeal that results in a denial of
        information; and
            ``(ii) a complete list of all statutes that the agency
        relies upon to authorize the agency to withhold information
        under subsection (b)(3), a description of whether a court has
        upheld the decision of the agency to withhold information under
        each such statute, and a concise description of the scope of
        any information withheld;
            ``(C) the number of requests for records pending before the
        agency as of September 30 of the preceding year, and the median
        number of days that such requests had been pending before the
        agency as of that date;
            ``(D) the number of requests for records received by the
        agency and the number of requests which the agency processed;
            ``(E) the median number of days taken by the agency to
        process different types of requests;
            ``(F) the total amount of fees collected by the agency for
        processing requests;
            ``(G) the average amount of time that the agency estimates
        as necessary, based on the past experience of the agency, to
        comply with different types of requests; and
            ``(H) the number of full-time staff of the agency devoted
        to processing requests for records under this section, and the
        total amount expended by the agency for processing such
        requests.
    ``(2) Each agency shall make each such report available to the
public through a computer network, or if computer network means have
not been established by the agency, by other electronic means.
    ``(3) The Attorney General shall make each report which has been
made available by electronic means available at a single electronic
access point. The Attorney General shall notify the Chairman and
ranking minority member of the Committee on Government Reform and
Oversight of the House of Representatives and the Chairman and ranking
minority member of the Committees on Governmental Affairs and the
Judiciary of the Senate, no later than April 1 of the year in which
each such report is issued, that such reports are available by
electronic means.
    ``(4) The Attorney General, in consultation with the Director of
the Office of Management and Budget, shall develop reporting and
performance guidelines in connection with reports required by this
subsection by October 1, 1997, and may establish additional
requirements for such reports as the Attorney General determines may be
useful.
    ``(5) The Attorney General shall submit an annual report on or
before April 1 of each calendar year which shall include for the prior
calendar year a listing of the number of cases arising under this
section, the exemption involved in each case, the disposition of such
case, and the cost, fees, and penalties assessed under subparagraphs
(E), (F), and (G) of subsection (a)(4). Such report shall also include
a description of the efforts undertaken by the Department of Justice to
encourage agency compliance with this section.''.

Summary: Amends the Freedom of Information Act to require each Federal agency to make available for public inspection and copying: (1) copies of all records, regardless of form or format, which have become or are likely to become the subject of subsequent requests. (2) a general index of such records, which shall be made available electronically by December 31, 1999. And (3) within one year after November 1, 1996, by computer telecommunications or other electronic means, those records created on or after November 1, 1996. Revises reporting requirements concerning such provisions.

To amend section 552 of title 5, United States Code, commonly known as the Freedom of Information Act, to provide for greater efficiency in providing public access to information and to provide for public access to information in an electronic format.