SECTION 1. SHORT TITLE.

     This Act may be cited as the ``National Marine Scholarship Act of
2005''.

SEC. 2. NATIONAL MARINE SCHOLARSHIP PROGRAM.

    (a) Definitions.--In this section:
            (1) Administration.--The term ``Administration'' means the
        National Oceanic and Atmospheric Administration.
            (2) Administrator.--The term ``Administrator'' means the
        Administrator of the National Oceanic and Atmospheric
        Administration.
            (3) Institution of higher education.--The term
        ``institution of higher education'' has the meaning that term
        has under section 101(a) of the Higher Education Act of 1965
        (20 U.S.C. 1001(a)).
            (4) Program.--The term ``Program'' means the National
        Marine Scholarship Program established by the Administrator
        under this section.
    (b) Establishment of Program.--
            (1) Requirement.--The Administrator shall establish a
        National Marine Scholarship Program that is designed to recruit
        and prepare students for careers in the fields of marine
        science. Under the program, the Secretary shall award
        scholarships for those academic programs and fields of study
        described in the list made available under subsection (d).
            (2) Employment obligation.--As a condition of the award of
        each scholarship under the Program, the Administrator shall
        require the recipient to enter into a contractual agreement
        under which the individual is obligated to serve as a full-time
        employee of the Administration in a position needed by the
        Administration and for which the individual is qualified, for a
        period of time to be determined by the Administrator and stated
        in the contractual agreement. If a full-time equivalent
        position is not available within the Administration at the time
        the scholarship recipient is obligated begin their employment,
        the scholarship recipient may fulfill such employment
        obligation in a full-time position in another Federal agency
        with administrative jurisdiction over programs relating to the
        marine environment that is approved by the Administrator.
    (c) Eligibility Criteria.--In order to be eligible for a
scholarship under the program, an individual must--
            (1) be enrolled or accepted for enrollment as a full-time
        graduate student at an institution of higher education in an
        academic program and field of study described in the list made
        available under subsection (d);
            (2) be a United States citizen or national or a permanent
        resident of the United States; and
            (3) at the time of the initial scholarship award, not be an
        employee of the Administration.
    (d) Eligible Academic Programs and Fields of Study.--The
Administrator shall make publicly available a list of academic programs
and fields of study for which scholarships under this section may be
used, and shall update the list as necessary.
    (e) Competitive Award Process.--
            (1) In general.--Under the Program, the Administrator shall
        award scholarships to individuals who are selected through a
        competitive process--
                    (A) under which awards are made primarily on the
                basis of academic merit;
                    (B) in which consideration is given to promoting
                the participation in the Program by individuals
                referred to in section 33 or 34 of the Science and
                Engineering Equal Opportunities Act (42 U.S.C. 1885a,
                1885b); and
                    (C) in which consideration may be given to
                financial need.
            (2) Application.--An individual seeking a scholarship under
        this section shall submit an application to the Administrator
        at such time, in such manner, and containing such information,
        agreements, or assurances as the Administrator may require.
    (f) Scholarship Limits.--
            (1) Number of academic years.--An individual may not
        receive a scholarship under this section for a masters degree
        program for more than 2 academic years, or for a doctorate
        program for more than 4 academic years, except as specifically
        authorized by a waiver issued by the Administrator.
            (2) Dollar amount.--The dollar amount of a scholarship
        under this section shall not exceed the cost of attendance, as
        such cost is determined in accordance with section 472 of the
        Higher Education Act of 1965 (20 U.S.C. 1087).
            (3) Use.--Amounts received as a scholarship under this
        section may be expended only for tuition, fees, and other
        expenses authorized by regulations issued by the Administrator.
            (4) Payment of scholarship amounts.--The Administrator may
        enter into a contractual agreement with an institution of
        higher education with respect to which a scholarship is
        provided under this section, under which the amounts provided
        as the scholarship for tuition, fees, and other authorized
        expenses are paid directly to the institution.
    (g) Period of Service Under Employment Obligation.--
            (1) General requirement.--Except as provided in subsection
        (i)(2), the period of service for which an individual shall be
        obligated to serve as an employee of the Administration
        pursuant to this section shall be determined by the
        Administrator in accordance with subsection (b)(2).
            (2) Beginning of service.--
                    (A) General rule.--Except as provided in
                subparagraph (B), obligated service under subsection
                (b)(2) shall begin not later than 60 days after the
                date on which individual obtains the educational degree
                for which the scholarship was provided.
                    (B) Deferral.--The Administrator may defer the
                beginning of obligated service under subsection (b)(2)
                if the Administrator determines that such a deferral is
                appropriate. The Administrator shall by regulation
                prescribe the terms and conditions under which a
                service obligation may be deferred under this
                subparagraph.
    (h) Repayment.--
            (1) Failure to perform academically.--
                    (A) Breach of obligation.--A recipient of a
                scholarship under this section shall be in breach of
                the recipient's contractual agreement under this
                section if the recipient--
                            (i) fails to maintain a high level of
                        academic standing, as defined by the
                        Administrator by regulation;
                            (ii) is dismissed from the recipient's
                        educational institution for disciplinary
                        reasons; or
                            (iii) voluntarily terminates academic
                        training before graduation from the educational
                        program for which the scholarship was awarded.
                    (B) Penalty.--A recipient of a scholarship who
                under subparagraph (A) is in breach of the recipient's
                contractual agreement--
                            (i) shall be liable to the United States
                        for repayment, within 2 years after the date of
                        the breach, of all amounts paid under the
                        scholarship to the recipient or to an
                        institution of higher education on the
                        recipient's behalf; and
                            (ii) shall not be required to fulfill any
                        employment obligation under such agreement.
            (2) Failure to fulfill employment obligation.--
                    (A) Breach of obligation.--A recipient of a
                scholarship under this section shall be in breach of
                the recipient's contractual agreement under this
                section if the recipient--
                            (i) fails to begin or complete the
                        recipient's employment obligation under this
                        section; or
                            (ii) fails to comply with the terms and
                        conditions of deferment established by the
                        Administrator pursuant to subsection (g)(2)(B).
                    (B) Penalty.--A recipient of a scholarship who
                under subparagraph (A) is in breach of the recipient's
                contractual agreement shall be liable for payment to
                the United States, within 3 years, of an amount equal
                to--
                            (i) the total amount of scholarships
                        received by such individual under this section;
                        plus
                            (ii) interest on the total amount of such
                        scholarships at a rate that is equivalent to
                        the rate of interest that would apply under
                        section 427A of the Higher Education
                        Authorization Act of 1965 if the scholarships
                        were loans to cover the cost of education (as
                        that term is used in that section).
    (i) Cancellation or Waiver.--
            (1) In general.--Any obligation of an individual incurred
        under this section for service or payment shall be canceled
        upon the death of the individual.
            (2) Waiver or suspension of any obligation by
        administrator.--The Administrator shall by regulation provide
        for the partial or total waiver or suspension of any obligation
        of employment or payment incurred by an individual under this
        section (including any contractual agreement under this
        section), if--
                    (A) compliance by the individual is impossible or
                would involve extreme hardship to the individual; or
                    (B) enforcement of such obligation with respect to
                the individual would be contrary to the best interests
                of the Government.
    (j) Report to Congress.--Not later than 2 years after the date of
the enactment of this Act, and every 2 years thereafter, the
Administrator shall transmit a report to the Congress that addresses
each of the following:
            (1) The effectiveness of the National Marine Scholarship
        Program established under this section in increasing the number
        of marine science-related service professionals.
            (2) The effectiveness of such program in preparing
        scholarship recipients for temporary jobs within the
        Administration or other marine-related Federal agencies.
    (k) Deadline for Regulations.--The Administrator shall issue such
regulations as are necessary to carry out this section by not later
than 90 days after the date of the enactment of this Act.
    (l) Authorization of Appropriations.--Of the amounts authorized for
each of fiscal years 2005 through 2010 for programs administered by the
National Oceanic and Atmospheric Administration, $5,000,000 shall be
available for the National Marine Scholarship Program established under
this section.

Summary: National Marine Scholarship Act of 2005 - Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to establish a National Marine Scholarship Program for graduate students in the fields of marine science. Requires scholarship recipients to agree to serve, for a certain period after their masters or doctoral program, as a full-time employee of NOAA or another Federal agency with programs related to the marine environment.

To establish a National Marine Scholarship Program to recruit and prepare graduate students for careers in the fields of marine science, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Antitrust Criminal Penalty
Enhancement and Reform Act of 2003''.

 TITLE I--ANTITRUST ENFORCEMENT ENHANCEMENTS AND COOPERATION INCENTIVES

SEC. 101. SUNSET.

    (a) In General.--Except as provided in subsection (b), the
provisions of sections 101 through 104 shall cease to have effect 5
years after the date of enactment of this Act.
    (b) Exception.--With respect to an applicant who has entered into
an antitrust leniency agreement on or before the date on which the
provisions of sections 101 through 104 of this title shall cease to
have effect, the provisions of sections 101 through 104 of this title
shall continue in effect.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Antitrust division.--The term ``Antitrust Division''
        means the United States Department of Justice Antitrust
        Division.
            (2) Antitrust leniency agreement.--The term ``antitrust
        leniency agreement,'' or ``agreement,'' means a leniency letter
        agreement, whether conditional or final, between a person and
        the Antitrust Division pursuant to the Corporate Leniency
        Policy of the Antitrust Division in effect on the date of
        execution of the agreement.
            (3) Antitrust leniency applicant.--The term ``antitrust
        leniency applicant,'' or ``applicant,'' means, with respect to
        an antitrust leniency agreement, the person that has entered
        into the agreement.
            (4) Claimant.--The term ``claimant'' means a person or
        class, that has brought, or on whose behalf has been brought, a
        civil action described in section 104(1), except that the term
        does not include a State or a subdivision of a State with
        respect to a civil action brought to recover damages sustained
        by the State or subdivision.
            (5) Cooperating individual.--The term ``cooperating
        individual'' means, with respect to an antitrust leniency
        agreement, a current or former director, officer, or employee
        of the antitrust leniency applicant who is covered by the
        agreement.
            (6) Person.--The term ``person'' has the meaning given it
        in subsection (a) of the first section of the Clayton Act.

SEC. 103. LIMITATION ON RECOVERY.

    (a) In General.--Subject to subsection (d), in any civil action
alleging a violation of section 1 or 3 of the Sherman Act, or alleging
a violation of any similar State law, based on conduct covered by a
currently effective antitrust leniency agreement, the amount of damages
recovered by or on behalf of a claimant from an antitrust leniency
applicant who satisfies the requirements of subsection (b), together
with the amounts so recovered from cooperating individuals who satisfy
such requirements, shall not exceed that portion of the actual damages
sustained by such claimant which is attributable to the commerce done
by the applicant in the goods or services affected by the violation.
    (b) Requirements.--Subject to subsection (c), an antitrust leniency
applicant or cooperating individual satisfies the requirements of this
subsection with respect to a civil action described in subsection (a)
if the court in which the civil action is brought determines that the
applicant or cooperating individual, as the case may be, has provided
satisfactory cooperation to the claimant with respect to the civil
action, which cooperation shall include--
            (1) providing a full account to the claimant of all facts
        known to the applicant or cooperating individual, as the case
        may be, that are potentially relevant to the civil action;
            (2) furnishing all documents or other items potentially
        relevant to the civil action that are in the possession,
        custody, or control of the applicant or cooperating individual,
        as the case may be, wherever they are located; and
            (3)(A) in the case of a cooperating individual--
                    (i) making himself or herself available for such
                interviews, depositions, or testimony in connection
                with the civil action as the claimant may reasonably
                require; and
                    (ii) responding completely and truthfully, without
                making any attempt either falsely to protect or falsely
                to implicate any person or entity, and without
                intentionally withholding any potentially relevant
                information, to all questions asked by the claimant in
                interviews, depositions, trials, or any other court
                proceedings in connection with the civil action; or
            (B) in the case of an antitrust leniency applicant, using
        its best efforts to secure and facilitate from cooperating
        individuals covered by the agreement the cooperation described
        in paragraphs (1) and (2) and subparagraph (A).
    (c) Timelines.--If the initial contact by the antitrust leniency
applicant with the Antitrust Division regarding conduct covered by the
antitrust leniency agreement occurs after a civil action described in
subsection (a) has been filed, then the court shall consider, in making
the determination concerning satisfactory cooperation described in
subsection (b), the timeliness of the applicant's initial cooperation
with the claimant.
    (d) Continuation.--Nothing in this section shall be construed to
modify, impair, or supersede the provisions of sections 4, 4A, and 4C
of the Clayton Act relating to the recovery of costs of suit, including
a reasonable attorney's fee, and interest on damages, to the extent
that such recovery is authorized by such sections.

SEC. 104. RIGHTS AND AUTHORITY OF ANTITRUST DIVISION NOT AFFECTED.

    Nothing in this title shall be construed to--
            (1) affect the rights of the Antitrust Division to seek a
        stay or protective order in a civil action based on conduct
        covered by an antitrust leniency agreement to prevent the
        cooperation described in section 103(b) from impairing or
        impeding the investigation or prosecution by the Antitrust
        Division of conduct covered by the agreement; or
            (2) create any right to challenge any decision by the
        Antitrust Division with respect to an antitrust leniency
        agreement.

SEC. 105. INCREASED PENALTIES FOR ANTITRUST VIOLATIONS.

    (a) Restraint of Trade Among the States.--Section 1 of the Sherman
Act (15 U.S.C. 1) is amended by--
            (1) striking ``$10,000,000'' and inserting
        ``$100,000,000'';
            (2) striking ``$350,000'' and inserting ``$1,000,000''; and
            (3) striking ``three'' and inserting ``10''.
    (b) Monopolizing Trade.--Section 2 of the Sherman Act (15 U.S.C. 2)
is amended by--
            (1) striking ``$10,000,000'' and inserting
        ``$100,000,000'';
            (2) striking ``$350,000'' and inserting ``$1,000,000''; and
            (3) striking ``three'' and inserting ``10''.
    (c) Other Restraints of Trade.--Section 3 of the Sherman Act (15
U.S.C. 3) is amended by--
            (1) striking ``$10,000,000'' and inserting
        ``$100,000,000'';
            (2) striking ``$350,000'' and inserting ``$1,000,000''; and
            (3) striking ``three'' and inserting ``10''.
    (d) Sentencing Guideline for Antitrust Offenses.--The Guidelines
Manual promulgated by the Sentencing Commission pursuant to section
994(a) of title 28, United States Code, is amended as follows:
            (1) Section 2R1.1(a) is amended by striking ``10'' and
        inserting ``14''.
            (2) The volume of commerce table in section 2R1.1(b)(2) is
        amended to read as follows:
            ``(2) If the volume of commerce attributable to the
        defendant was more than $5,000,000, adjust the offense level as
        follows:

``Volume of                                               Adjustment to
Commerce (Apply the Greatest):                           Offense Level:
    More than $5,000,000..........................               add 1
    More than $10,000,000.........................               add 2
    More than $20,000,000.........................               add 4
    More than $40,000,000.........................               add 6
    More than $80,000,000.........................               add 8
    More than $160,000,000........................              add 10
    More than $320,000,000........................              add 12
    More than $640,000,000........................              add 14
    More than $1,000,000,000......................           add 16.''.
            (3) Section 2R1.1(c)(1) is amended by striking ``$20,000''
        and inserting ``$50,000''.

                      TITLE II--TUNNEY ACT REFORM

SEC. 201. PUBLIC INTEREST DETERMINATION.

    Section 5 of the Clayton Act (15 U.S.C. 16) is amended--
            (1) in subsection (d), by inserting at the end the
        following: ``Upon application by the United States, the
        district court may, for good cause (based on a finding that the
        expense of publication in the Federal Register exceeds the
        public interest benefits to be gained from such publication),
        authorize an alternative method of public dissemination of the
        public comments received and the response to those comments.'';
        and
            (2) in subsection (e)--
                    (A) in the matter before paragraph (1), by--
                            (i) inserting ``independently'' after
                        ``shall'';
                            (ii) striking ``court may'' and inserting
                        ``court shall''; and
                            (iii) inserting ``(1)'' before ``Before'';
                        and
                    (B) striking paragraphs (1) and (2) and inserting
                the following:
            ``(A) the competitive impact of such judgment, including
        termination of alleged violations, provisions for enforcement
        and modification, duration of relief sought, anticipated
        effects of alternative remedies actually considered, whether
        its terms are ambiguous and any other competitive
        considerations bearing upon the adequacy of such judgment
        necessary to a determination of whether the consent judgment is
        in the public interest; and
            ``(B) the impact of entry of such judgment upon competition
        in the relevant market or markets, upon the public generally
        and individuals alleging specific injury from the violations
        set forth in the complaint including consideration of the
        public benefit, if any, to be derived from a determination of
        the issues at trial.
    ``(2) The Court shall not enter any consent judgment proposed by
the United States under this section unless it finds that there is
reasonable belief, based on substantial evidence and reasoned analysis,
to support the United States' conclusion that the consent judgment is
in the public interest. In making its determination as to whether entry
of the consent judgment is in the public interest, the Court shall not
be limited to examining only the factors set forth in this subsection,
but may consider any other factor relevant to the competitive impact of
the judgment.''.

Summary: Antitrust Criminal Penalty Enhancement and Reform Act of 2003 - Provides that in a civil action alleging a violation of the Sherman Act or of any similar State law based on conduct covered by an antitrust leniency agreement, the amount of damages recovered by a claimant from an applicant and cooperating individuals who satisfy this Act's requirements shall not exceed that portion of the actual damages sustained by the claimant that is attributable to the commerce done by the applicant in the goods or services affected by the violation . Provides that an applicant or cooperating individual satisfies this Act's requirements if the court determines that such applicant or individual has provided satisfactory cooperation to the claimant, including: (1) providing a full account of all facts known that are potentially relevant to the civil action. And (2) furnishing all potentially relevant items that are in the applicant's or cooperating individual's possession or control. Amends: (1) the Sherman Act to increase maximum prison sentences and raise the maximum fine for individuals for restraint of trade among the States, monopolizing trade, and other restraints of trade. And (2) the Antitrust Procedures and Penalties Act to require the court to consider specified factors, including the competitive impact of a judgment.

A bill to implement antitrust enforcement enhancements and cooperation incentives.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Saving and Investment Act of 1993''.

SEC. 2. ALLOWANCE OF DEDUCTION FOR DIVIDENDS PAID BY DOMESTIC
              CORPORATIONS.

    (a) In General.--Section 243 of the Internal Revenue Code of 1986
(relating to dividends received by corporations) is amended to read as
follows:

``SEC. 243. DIVIDENDS PAID BY DOMESTIC CORPORATIONS.

    ``(a) General Rule.--In the case of a domestic corporation which is
subject to taxation under this chapter, there shall be allowed as a
deduction for the taxable year an amount equal to the dividends paid by
such corporation during the taxable year.
    ``(b) Dividends.--For purposes of this section, the term `dividend'
means any dividend (as defined in section 316) to which section 301
applies.
    ``(c) Certain Corporations Not Eligible.--No deduction shall be
allowed under this section with respect to dividends paid by any
corporation which is--
            ``(1) an S corporation (as defined in section 1361(a)(1));
            ``(2) a regulated investment company (as defined in section
        851(a));
            ``(3) a real estate investment trust (as defined in section
        856(a)); or
            ``(4) a personal holding company (as defined in section
        542).
    ``(d) Special Rules for Certain Distributions of Mutual Savings
Banks, Etc.--For purposes of this section, any amount allowed as a
deduction under section 591 (relating to deduction for dividends paid
by mutual savings banks, etc.) shall not be treated as a dividend.''
    (b) Repeal of Deductions for Dividends Received From Domestic
Corporations and Rules Relating Thereto; Repeal of Deduction for
Dividends Paid on Certain Preferred Stock of Public Utilities.--
Sections 244 (relating to dividends received on certain preferred
stock), 246 (relating to rules applying to deductions for dividends
received), and 247 (relating to dividends paid on certain preferred
stock of public utilities) of such Code are hereby repealed.
    (c) Conforming Amendments.--
            (1) Dividends received from certain foreign corporations.--
                    (A) Transfer of provision specifying deductible
                percentage of dividend received.--Paragraph (1) of
                section 245(a) of such Code (relating generally to
                dividends received from 10-percent owned foreign
                corporations) is amended by striking ``the percent
                (specified in section 243 for the taxable year)'' and
                inserting in lieu thereof ``85 percent (100 percent in
                the case of a small business investment company
                operating under the Small Business Investment Act of
                1958 (15 U.S.C. 661 et seq.))''.
                    (B) Transfer of limitation on aggregate amount of
                dividends received deduction, exclusion of certain
                dividends, etc.--Section 245 of such Code (relating to
                dividends received from certain foreign corporations)
                is amended by adding at the end the following new
                subsections:
    ``(e) Limitation and Special Rules.--
            ``(1) Limitation on aggregate amount of deduction.--
                    ``(A) In general.--Except as provided by
                subparagraph (B), the aggregate amount of the
                deductions allowed by subsections (a) and (b) shall not
                exceed 80 percent of the taxable income computed
                without regard to--
                            ``(i) the deductions allowed by section
                        172,
                            ``(ii) any adjustment under section 1059,
                        and
                            ``(iii) any capital loss carryback to the
                        taxable year under section 1212(a)(1).
                    ``(B) Effect of net operating loss.--Subparagraph
                (A) shall not apply for any taxable year for which
                there is a net operating loss (as determined under
                section 172).
            ``(2) Exclusion of certain dividends.--
                    ``(A) In general.--No deduction shall be allowed
                under subsection (a) or (b) in respect of any dividend
                on any share of stock--
                            ``(i) which is sold or otherwise disposed
                        of in any case in which the taxpayer has held
                        such share for 45 days or less, or
                            ``(ii) to the extent that the taxpayer is
                        under an obligation (whether pursuant to a
                        short sale or otherwise) to make corresponding
                        payments with respect to positions in
                        substantially similar or related property.
                    ``(B) 90-day rule in the case of certain preference
                dividends.--In the case of any stock having preference
                in dividends, the holding period specified in
                subparagraph (A)(i) shall be 90 days in lieu of 45 days
                if the taxpayer receives dividends with respect to such
                stock which are attributable to a period or periods
                aggregating in excess of 366 days.
                    ``(C) Determination of holding periods.--For
                purposes of this subsection, in determining the period
                for which the taxpayer has held any share of stock--
                            ``(i) the day of disposition, but not the
                        day of acquisition, shall be taken into
                        account,
                            ``(ii) there shall not be taken into
                        account any day which is more than 45 days (or
                        90 days in the case of stock to which
                        subparagraph (B) applies) after the date on
                        which such share becomes ex-dividend, and
                            ``(iii) paragraph (4) of section 1223 shall
                        not apply.
                    ``(D) Holding period reduced for periods where risk
                of loss diminished.--The holding periods determined
                under the preceding provisions of this subparagraph
                shall be appropriately reduced (in the manner provided
                in regulations prescribed by the Secretary) for any
                period (during such periods) in which--
                            ``(i) the taxpayer has an option to sell,
                        is under a contractual obligation to sell, or
                        has made (and not closed) a short sale of,
                        substantially identical stock or securities,
                            ``(ii) the taxpayer is the grantor of an
                        option to buy substantially identical stock or
                        securities, or
                            ``(iii) under regulations prescribed by the
                        Secretary, a taxpayer has diminished his risk
                        of loss by holding 1 or more other positions
                        with respect to substantially similar or
                        related property.
                The preceding sentence shall not apply in the case of
                any qualified covered call (as defined in section
                1092(c)(4) but without regard to the requirement that
                gain or loss with respect to the option not be ordinary
                income or loss).
    ``(f) Cross Reference.--

                                ``For special rule relating to mutual
savings banks, etc., to which section 593 applies, see section 596.''
            (2) Net operating loss deduction.--Paragraph (6) of section
        172(d) of such Code is amended to read as follows:
            ``(6) Computation of deduction for dividends received from
        certain foreign corporations.--The deduction allowed by section
        245 (relating to dividends received from certain foreign
        corporations) shall be computed without regard to section
        245(e)(1).''
            (3) Dividends received deduction reduced where portfolio
        stock is debt financed.--
                    (A) Subsections (a) and (e) of section 246A of such
                Code (relating to dividends received deduction reduced
                where portfolio stock is debt financed) are each
                amended by striking ``243, 244, or''.
                    (B) Subsection (b) of section 246A of such Code is
                amended to read as follows:
    ``(b) Section Not to Apply to Dividends for Which 100 Percent
Dividends Received Deduction Allowable.--Subsection (a) shall not apply
to dividends received by a small business investment company operating
under the Small Business Investment Act of 1958.''
            (4) Limitation on dividends received deduction for mutual
        savings banks, etc.--Section 596 of such Code (relating to
        limitation on dividends received deduction) is amended by
        striking ``sections 243, 244, and 245'' and inserting in lieu
        thereof ``section 245''.
    (d) Clerical Amendments.--The table of sections for part VIII of
subchapter B of chapter 1 is amended by striking the items relating to
sections 243, 244, 246, and 247 and inserting after the item relating
to section 241 the following:

                              ``Sec. 243. Dividends paid by domestic
                                        corporations.''
    (e) Effective Date.--The amendments made by this section shall
apply to distributions made after December 31, 1993.

Summary: Saving and Investment Act of 1993 - Amends the Internal Revenue Code to permit an income tax deduction in the amount of dividends paid by domestic corporations, except S corporations, regulated investment companies, real estate investment trusts, and personal holding companies. Repeals the income tax deductions currently permitted in connection with: (1) dividends received by a corporation. (2) dividends received by a corporation on the preferred stock of a public utility. And (3) dividends paid by a public utility on its preferred stock. Increases from 80 percent to 85 percent the deductible percentage of amounts received by a corporation from a qualified ten-percent owned foreign corporation.

Saving and Investment Act of 1993


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Allergy and Anaphylaxis
Management Act of 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Early childhood education program.--The term ``early
        childhood education program'' means--
                    (A) a Head Start program or an Early Head Start
                program carried out under the Head Start Act (42 U.S.C.
                9831 et seq.);
                    (B) a State licensed or regulated child care
                program or school; or
                    (C) a State prekindergarten program that serves
                children from birth through kindergarten.
            (2) ESEA definitions.--The terms ``local educational
        agency'', ``secondary school'', ``elementary school'', and
        ``parent'' have the meanings given the terms in section 9101 of
        the Elementary and Secondary Education Act of 1965 (20 U.S.C.
        7801).
            (3) School.--The term ``school'' includes public--
                    (A) kindergartens;
                    (B) elementary schools; and
                    (C) secondary schools.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.

SEC. 3. ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY AND ANAPHYLAXIS
              MANAGEMENT GUIDELINES.

    (a) Establishment.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary, in consultation with the
        Secretary of Education, shall--
                    (A) develop guidelines to be used on a voluntary
                basis to develop plans for individuals to manage the
                risk of food allergy and anaphylaxis in schools and
                early childhood education programs; and
                    (B) make such guidelines available to local
                educational agencies, schools, early childhood
                education programs, and other interested entities and
                individuals to be implemented on a voluntary basis
                only.
            (2) Applicability of ferpa.--Each plan described in
        paragraph (1) that is developed for an individual shall be
        considered an education record for the purpose of the Family
        Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g).
    (b) Contents.--The voluntary guidelines developed by the Secretary
under subsection (a) shall address each of the following, and may be
updated as the Secretary determines necessary:
            (1) Parental obligation to provide the school or early
        childhood education program, prior to the start of every school
        year, with--
                    (A) documentation from their child's physician or
                nurse--
                            (i) supporting a diagnosis of food allergy,
                        and any risk of anaphylaxis, if applicable;
                            (ii) identifying any food to which the
                        child is allergic;
                            (iii) describing, if appropriate, any prior
                        history of anaphylaxis;
                            (iv) listing any medication prescribed for
                        the child for the treatment of anaphylaxis;
                            (v) detailing emergency treatment
                        procedures in the event of a reaction;
                            (vi) listing the signs and symptoms of a
                        reaction; and
                            (vii) assessing the child's readiness for
                        self-administration of prescription medication;
                        and
                    (B) a list of substitute meals that may be offered
                to the child by school or early childhood education
                program food service personnel.
            (2) The creation and maintenance of an individual plan for
        food allergy management, in consultation with the parent,
        tailored to the needs of each child with a documented risk for
        anaphylaxis, including any procedures for the self-
        administration of medication by such children in instances
        where--
                    (A) the children are capable of self-administering
                medication; and
                    (B) such administration is not prohibited by State
                law.
            (3) Communication strategies between individual schools or
        early childhood education programs and providers of emergency
        medical services, including appropriate instructions for
        emergency medical response.
            (4) Strategies to reduce the risk of exposure to
        anaphylactic causative agents in classrooms and common school
        or early childhood education program areas such as cafeterias.
            (5) The dissemination of general information on life-
        threatening food allergies to school or early childhood
        education program staff, parents, and children.
            (6) Food allergy management training of school or early
        childhood education program personnel who regularly come into
        contact with children with life-threatening food allergies.
            (7) The authorization and training of school or early
        childhood education program personnel to administer epinephrine
        when the nurse is not immediately available.
            (8) The timely accessibility of epinephrine by school or
        early childhood education program personnel when the nurse is
        not immediately available.
            (9) The creation of a plan contained in each individual
        plan for food allergy management that addresses the appropriate
        response to an incident of anaphylaxis of a child while such
        child is engaged in extracurricular programs of a school or
        early childhood education program, such as non-academic outings
        and field trips, before- and after-school programs or before-
        and after-early child education program programs, and school-
        sponsored or early childhood education program-sponsored
        programs held on weekends.
            (10) Maintenance of information for each administration of
        epinephrine to a child at risk for anaphylaxis and prompt
        notification to parents.
            (11) Other elements the Secretary determines necessary for
        the management of food allergies and anaphylaxis in schools and
        early childhood education programs.
    (c) Relation to State Law.--Nothing in this Act or the guidelines
developed by the Secretary under subsection (a) shall be construed to
preempt State law, including any State law regarding whether students
at risk for anaphylaxis may self-administer medication.

SEC. 4. SCHOOL-BASED FOOD ALLERGY MANAGEMENT GRANTS.

    (a) In General.--The Secretary may award grants to local
educational agencies to assist such agencies with implementing
voluntary food allergy and anaphylaxis management guidelines described
in section 3.
    (b) Application.--
            (1) In general.--To be eligible to receive a grant under
        this section, a local educational agency shall submit an
        application to the Secretary at such time, in such manner, and
        including such information as the Secretary may reasonably
        require.
            (2) Contents.--Each application submitted under paragraph
        (1) shall include--
                    (A) an assurance that the local educational agency
                has developed plans in accordance with the food allergy
                and anaphylaxis management guidelines described in
                section 3;
                    (B) a description of the activities to be funded by
                the grant in carrying out the food allergy and
                anaphylaxis management guidelines, including--
                            (i) how the guidelines will be carried out
                        at individual schools served by the local
                        educational agency;
                            (ii) how the local educational agency will
                        inform parents and students of the guidelines
                        in place;
                            (iii) how school nurses, teachers,
                        administrators, and other school-based staff
                        will be made aware of, and given training on,
                        when applicable, the guidelines in place; and
                            (iv) any other activities that the
                        Secretary determines appropriate;
                    (C) an itemization of how grant funds received
                under this section will be expended;
                    (D) a description of how adoption of the guidelines
                and implementation of grant activities will be
                monitored; and
                    (E) an agreement by the local educational agency to
                report information required by the Secretary to conduct
                evaluations under this section.
    (c) Use of Funds.--Each local educational agency that receives a
grant under this section may use the grant funds for the following:
            (1) Purchase of materials and supplies, including limited
        medical supplies such as epinephrine and disposable wet wipes,
        to support carrying out the food allergy and anaphylaxis
        management guidelines described in section 3.
            (2) In partnership with local health departments, school
        nurse, teacher, and personnel training for food allergy
        management.
            (3) Programs that educate students as to the presence of,
        and policies and procedures in place related to, food allergies
        and anaphylactic shock.
            (4) Outreach to parents.
            (5) Any other activities consistent with the guidelines
        described in section 3.
    (d) Duration of Awards.--The Secretary may award grants under this
section for a period of not more than 2 years. In the event the
Secretary conducts a program evaluation under this section, funding in
the second year of the grant, where applicable, shall be contingent on
a successful program evaluation by the Secretary after the first year.
    (e) Limitation on Grant Funding.--The Secretary may not provide
grant funding to a local educational agency under this section after
such local educational agency has received 2 years of grant funding
under this section.
    (f) Maximum Amount of Annual Awards.--A grant awarded under this
section may not be made in an amount that is more than $50,000
annually.
    (g) Priority.--In awarding grants under this section, the Secretary
shall give priority to local educational agencies with the highest
percentages of children who are counted under section 1124(c) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).
    (h) Matching Funds.--
            (1) In general.--The Secretary may not award a grant under
        this section unless the local educational agency agrees that,
        with respect to the costs to be incurred by such local
        educational agency in carrying out the grant activities, the
        local educational agency shall make available (directly or
        through donations from public or private entities) non-Federal
        funds toward such costs in an amount equal to not less than 25
        percent of the amount of the grant.
            (2) Determination of amount of non-federal contribution.--
        Non-Federal funds required under paragraph (1) may be cash or
        in-kind, including plant, equipment, or services. Amounts
        provided by the Federal Government, and any portion of any
        service subsidized by the Federal Government, may not be
        included in determining the amount of such non-Federal funds.
    (i) Administrative Funds.--A local educational agency that receives
a grant under this section may use not more than 2 percent of the grant
amount for administrative costs related to carrying out this section.
    (j) Progress and Evaluations.--At the completion of the grant
period referred to in subsection (d), a local educational agency shall
provide the Secretary with information on how grant funds were spent
and the status of implementation of the food allergy and anaphylaxis
management guidelines described in section 3.
    (k) Supplement, Not Supplant.--Grant funds received under this
section shall be used to supplement, and not supplant, non-Federal
funds and any other Federal funds available to carry out the activities
described in this section.
    (l) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for fiscal year 2010
and such sums as may be necessary for each of the 4 succeeding fiscal
years.

SEC. 5. VOLUNTARY NATURE OF GUIDELINES.

    (a) In General.--The food allergy and anaphylaxis management
guidelines developed by the Secretary under section 3 are voluntary.
Nothing in this Act or the guidelines developed by the Secretary under
section 3 shall be construed to require a local educational agency to
implement such guidelines.
    (b) Exception.--Notwithstanding subsection (a), the Secretary may
enforce an agreement by a local educational agency to implement food
allergy and anaphylaxis management guidelines as a condition of the
receipt of a grant under section 4.

Summary: Food Allergy and Anaphylaxis Management Act of 2009 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies, schools, early childhood education programs, and other interested entities voluntary guidelines to develop plans for individuals to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs. Directs that such guidelines address: (1) parental obligation to provide the documentation of their child's allergies. (2) the creation of an individual food allergy management plan for each such child, (3) communication between schools or programs and emergency medical services, (4) reduction of exposure to anaphylactic causative agents, (5) food allergy management training. And (6) administration of epinephrine. Allows the Secretary to award matching grants to assist local educational agencies in implementing such food allergy and anaphylaxis management guidelines.

To direct the Secretary of Health and Human Services, in consultation with the Secretary of Education, to develop guidelines to be used on a voluntary basis to develop plans to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs, to establish school-based food allergy management grants, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Remittance Services
Enhancement and Protection Act of 2003''.

SEC. 2. FEDERAL CREDIT UNION ACT AMENDMENT.

    Paragraph (12) of section 107 of the Federal Credit Union Act (12
U.S.C. 1757(12)) is amended to read as follows:
            ``(12) in accordance with regulations prescribed by the
        Board--
                    ``(A) to sell or provide for a fee negotiable
                checks (including travelers checks), money orders,
                international money transfer services, and other
                similar money transfer instruments and services; and
                    ``(B) to cash checks and money orders;''.

SEC. 3. DISCLOSURES REQUIRED.

    (a) Regulations.--Subject to paragraph (2), the appropriate Federal
agencies shall jointly prescribe regulations that require any financial
institution or money transmitting business which initiates an
international money transfer on behalf of a consumer (whether or not
the consumer maintains an account at such institution or business) to
provide the following disclosures to the consumer before the
consummation of the transaction:
            (1) Any fees to be charged to the recipient, including any
        exchange rate or currency conversion fees.
            (2) A final itemization of all costs to the consumer, which
        would include all fees charged, for the remittance.
            (3) The exact amount of foreign currency to be received by
        the recipient in the foreign country.
    (b) Language Requirement.--The disclosures required under
subsection (a) shall be in English and in any other language used by
the financial institution or money transmitting business, or any of its
agents, to advertise, solicit, or negotiate, either orally or in
writing, at the office of the institution or business at which the
international money transfer is initiated.
    (c) Definitions.--For purposes of this section, the following
definitions shall apply:
            (1) Appropriate federal agency.--The term ``appropriate
        Federal agency'' means--
                    (A) the appropriate Federal banking agency, in the
                case of any insured depository institution;
                    (B) the National Credit Union Administration, in
                the case of any insured credit union; and
                    (C) the Federal Trade Commission, in the case of
                any financial institution or money transmitting
                business that is not an insured depository institution
                or insured credit union.
            (2) Appropriate federal banking agency.--The term
        ``appropriate Federal banking agency'' has the same meaning as
        in section 3 of the Federal Deposit Insurance Act;
            (3) Insured credit union.--The term ``insured credit
        union'' has the same meaning as in section 101 of the Federal
        Credit Union Act;
            (4) Insured depository institution.--The term ``insured
        depository institution'' has the same meaning as in section 3
        of the Federal Deposit Insurance Act;
            (5) International money transfer.--The term ``international
        money transfer'' means any money transmitting service
        originating in the United States and involving an international
        transaction which is provided by a financial institution or a
        money transmitting business.
            (6) Money transmitting service.--The term ``money
        transmitting service'' has the same meaning as in section
        5330(d)(2) of title 31, United States Code.
            (7) Money transmitting business.--The term ``money
        transmitting business'' means any business which--
                    (A) provides check cashing, currency exchange, or
                money transmitting or remittance services, or issues or
                redeems money orders, travelers' checks, and other
                similar instruments; and
                    (B) is not a depository institution (as defined in
                section 5313(g) of title 31, United States Code).
    (d) Administrative Enforcement.--
            (1) Depository institutions.--
                    (A) In general.--Compliance with the requirements
                imposed under this section shall be enforced under--
                            (i) section 8 of the Federal Deposit
                        Insurance Act, in the case of an insured
                        depository institution, by the appropriate
                        Federal banking agency; and
                            (ii) the Federal Credit Union Act, in the
                        case of any insured credit union (as defined in
                        section 101 of the Federal Credit Union Act),
                        by the National Credit Union Administration.
                    (B) Applicability of other laws.--
                            (i) Violations of this section.--For the
                        purpose of the exercise by any agency referred
                        to in subparagraph (A) of its powers under any
                        Act referred to in that subparagraph, a
                        violation of any requirement imposed under this
                        section shall be deemed to be a violation of a
                        requirement imposed under that Act.
                            (ii) Other authority.--In addition to its
                        powers under any provision of law specifically
                        referred to in subparagraph (A), each of the
                        agencies referred to in such subparagraph may
                        exercise, for the purpose of enforcing
                        compliance with any requirement imposed under
                        this section, any other authority conferred on
                        it by law.
            (2) Other money transmitting businesses.--
                    (A) Appropriate federal regulator.--Except to the
                extent that enforcement of the requirements imposed
                under this section is specifically committed to some
                other Government agency under paragraph (1), the
                Federal Trade Commission shall enforce such
                requirements.
                    (B) Applicability of other laws.--
                            (i) Violations of this section.--For the
                        purpose of the exercise by the Federal Trade
                        Commission of its functions and powers under
                        the Federal Trade Commission Act, a violation
                        of any requirement imposed under this section
                        shall be deemed a violation of a requirement
                        imposed under that Act.
                            (ii) Other authority.--All of the functions
                        and powers of the Federal Trade Commission
                        under the Federal Trade Commission Act are
                        available to the Commission to enforce
                        compliance by any person subject to the
                        jurisdiction of the Commission with the
                        requirements imposed under this section,
                        irrespective of whether that person is engaged
                        in commerce or meets any other jurisdictional
                        tests in the Federal Trade Commission Act.
    (e) Effective Date.--This section shall apply to any international
money transfer initiated in the United States after the end of the 3-
month period beginning on the date of enactment of this Act.

Summary: International Remittance Services Enhancement and Protection Act of 2003 - Amends the Federal Credit Union Act to repeal the limitation on the authority of Federal credit unions to sell negotiable checks , money orders, and other similar money transfer instruments and services to, as well as cash checks and money orders for, members only. Adds international money transfer services to the list of such services. Directs the appropriate Federal agencies to jointly prescribe regulations that require any financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer to disclose the following: (1) any fees charged to the recipient, including exchange rate or currency conversion fees. (2) a final itemization of all costs to the consumer, including all fees charged for the remittance. And (3) the exact amount of foreign currency to be received by the recipient in the foreign country. Requires such disclosures to be in English and in any other language used by the financial institution or money transmitting business, or any of its agents, to advertise, solicit, or negotiate, either orally or in writing, at the office of the institution or business at which the international money transfer is initiated. Grants the Federal Trade Commission enforcement powers with respect to any financial institution or money transmitting business that is not an insured depository institution or insured credit union.

A bill to allow credit unions to provide international money transfer services and to require disclosures in connection with international money transfers from all money transmitting service providers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Employment Dispute
Resolution Act of 2000 (NEDRA)''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The prohibitive costs and emotional toll of litigation
        as well as the growing backlog of employment civil rights
        claims and lawsuits has impeded the protection and enforcement
        of workplace civil rights.
            (2) Mediation is an economical, participatory, and
        expeditious alternative to traditional, less cooperative
        methods of resolving employment disputes.
            (3) Mediation enables disputants to craft creative
        solutions and settlements, surpassing the reach of traditional
        remedies, thereby possibly protecting the continuity of the
        employment relationship.
            (4) As we enter the new millennium, a national program of
        directed or required participation in mediation where any
        settlement is voluntary mandated mediation for certain
        employment and contract disputes, will help fulfill the goal of
        equal opportunity in work and business places of the United
        States.
            (5) Overt and subtle discrimination still exists in our
        society and in the workplace.
            (6) Overt and subtle forms of discrimination cause
        substantial measurable economic and noneconomic costs to
        employers and the American workforce, create a barrier to fully
        realizing equal opportunity in the workplace, and are contrary
        to public policy promoting equal opportunity in the workplace.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish a fair and effective alternative means by
        which employees and covered employers may have an increased
        likelihood of resolving both alleged overt and subtle forms or
        acts of discrimination without the necessity of the employee
        taking some form of legal action against the employer,
            (2) in accordance with the various public policies
        encouraging the use of mediation, to make mediation available
        at an early stage of an employment dispute, thus--
                    (A) possibly reducing economic and noneconomic
                costs,
                    (B) preserving the employment relationship and
                decreasing acrimony, and
                    (C) decreasing the filing of a number of formal
                discrimination complaints, charges, and lawsuits and
                further burdening our public justice system, and
            (3) to provide that the participation in mediation shall
        not preclude either the employee-disputant or covered employer-
        disputant from having access to the public justice system.

SEC. 3. AMENDMENTS TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.

    (a) Federal Employees.--Title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.) is amended--
            (1) in section 706(a) by inserting after the 7th sentence
        the following:
``Regardless of whether the Commission makes an investigation under
this subsection, the Commission shall provide counseling services
regarding, and endeavor to responsibly address and resolve, claims of
unlawful discrimination using certified contract mediators.'', and
            (2) in section 711(a) by adding at the end the following:
``Every employer, employment agency, and labor organization shall
provide to each employee and each member, individually, a copy of the
materials required by this section to be so posted.''.
    (b) Office of Federal Contract Compliance.--Section 718 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-17) is amended--
            (1) by inserting ``(a)'' after ``Sec. 718'', and
            (2) by adding at the end the following:
    ``(b) The Office of Federal Contract Compliance shall endeavor to
responsibly address and resolve any alleged discrimination using
mediation with respect to which this section applies.
    ``(c) An employer who establishes, implements an approved internal
conflict management program or system providing the use of a certified
mediator participates in mediation under this section shall be given
preferred status in contract bidding for additional and for maintaining
current Federal Government contracts.
    ``(d) An employer who is a party to a Government contract or the
agency of the United States shall assume the costs of mediation under
this section, including the fees of the mediator and any travel and
lodging expenses of the employee, if such travel exceeds 25 miles, one
way. Any settlement shall include, among other things, any appropriate
and reasonable attorney fees.
    ``(e) Retaliation by an employer who is a party to a Government
contract or the agency of the United States, or the destruction of
evidence, shall result in the imposition of appropriate civil or
criminal sanctions. The participation in mediation shall be at the
option of the employee. The participation in mediation shall not
preclude the employee's access to any State, local, or Federal EEO
enforcement agency or any State or Federal court.
    ``(f) The Office of Federal Contract Compliance shall have
authority over employers who are parties to Government contracts that
fail to comply with this section. Failure to comply shall result in the
loss of a current Government contract and disqualification from
consideration for future Government contracts.
    ``(g) No resolution by the disputants may contravene the provisions
of a valid collective bargaining agreement between an employer who is a
part to a Government contract and a labor union or certified bargaining
representative. Any voluntary settlement outcome and agreement may not
be in conflict with the collective bargaining agreement.''.

SEC. 4. AMENDMENTS TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.

    The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et
seq.) is amended--
            (1) in section 7(e) by inserting after the 2d sentence the
        following:
``The Commission shall provide counseling services regarding, and
endeavor to responsibly address and resolve, claims of unlawful
discrimination using certified contract mediators.'', and
            (2) in section 8 by adding at the end the following:
``Every employer, employment agency, and labor organization shall
provide to each employee and each member, individually, a copy of the
materials required by this section to be so posted.''.

SEC. 5. AMENDMENT TO AMERICANS WITH DISABILITIES ACT OF 1990.

    Section 107(a) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12117(a)) is amended by adding at the end the following: ``The
Commission shall provide counseling services regarding, and endeavor to
responsibly address and resolve, claims of unlawful discrimination
using certified contract mediators.''.

SEC. 6. MEDIATION.

    (a) Definitions.--For purposes of this section:
            (1) The term ``employer'' means any Federal agency
        (including Federal courts) or business enterprise receiving
        Federal funds of $200,000 or greater or having 20 or more
        employees.
            (2) The term ``mediator'' means any neutral, third-party,
        including an attorney and a nonattorney, who is trained in the
        mediation process and has a demonstrable working knowledge in
        relevant EEO and employment law, including a third party who
        is--
                    (A) appointed or approved by a competent court, the
                Equal Employment Opportunity Commission, a certified
                mediation center, or a university, or
                    (B) jointly chosen by the disputants.
            (3) The term ``trained mediation professional'' means a
        person who--
                    (A) has participated in employment mediation
                training of 40 or more hours, or
                    (B) has co-mediated with or been supervised by
                another trained certified mediation professional for at
                least three employment or contract dispute cases of no
                fewer than 15 hours.
            (4) The term ``certified mediation center'' includes any
        private or public entity that is qualified to facilitate the
        employment or contract mediation process and provide training
        on employment and contract dispute resolution, including, but
        not limited to, the American Arbitration Association, the
        American Bar Association, the Center for Employment Dispute
        Resolution, CPR Conflict Institute, JAMS/Endispute, United
        States Arbitration and Mediation, Inc., Institute on Conflict
        Resolution at Cornell University, and the Society of
        Professionals in Dispute Resolution.
    (b) Requirements.--(1) All employers shall--
            (A) establish an internal dispute resolution program or
        system that provides, as a voluntary option, employee-disputant
        access to external third-party certified mediators,
            (B) participate in mediation if the employee has exhausted
        the internal dispute resolution program or system and has
        formally requested mediation without the filing of a charge or
        lawsuit, and
            (C) participate in mediation if the claimant has filed a
        charge or lawsuit and the claimant formally requests mediation.
    (2) While the mediation settlement outcome would be voluntary, the
employer shall participate in mediation where the employee-disputant
has expressed a desire to mediate.
    (3) Under all circumstances, the employee-disputant is entitled to
legal representation.
    (4) Employers shall inform employee-disputants of the mediation
alternative and their respective rights thereof, and the employee-
disputant would have 30 days in which to decide whether to participate
in mediation.
    (5) When an employee-disputant voluntarily agrees to participate in
the mediation process, any applicable statute of limitations shall be
tolled, and the private tolling agreement shall be enforceable in any
court of competent jurisdiction.
    (6) The employee and employer disputants shall not have more than
90 days within which to resolve the dispute.
    (7) Should mediation prove unsuccessful, the employer shall again
inform the employee-disputant of their rights, in writing including the
right to pursue the matter under any applicable State, county, local
ordinance, or Federal statutes.
    (8) Consistent with section 705 of the Civil Rights Act of 1964,
the Equal Employment Opportunity Commission, and any State or local
authority involved in proceedings described in section 706, shall offer
technical assistance to any unrepresented or self-represented party,
provided that a formal complaint has been filed with the Commission or
such authority. Such assistance shall include, but not be limited to--
            (A) pre-mediation counseling,
            (B) assistance in understanding the status of relevant case
        law,
            (C) assistance in what would be the appropriate remedy if
        the instant claim were to be found to have merit, and
            (D) assistance in drafting any post-mediation settlement
        agreement or resolution.
    (9) Submission of a claim for mediation shall not preclude either
the claimant or respondent from seeking other appropriate relief on
that claim, except that neither party shall seek other relief until the
mediation process has concluded.
    (10) Any settlement as a result of the mediation process shall be
strictly voluntary and remain confidential except for research and
evaluation purposes.
    (11) In every case, the privacy, privilege, and confidentiality of
all parties to the dispute shall be preserved, including complaint
intake personnel and mediation consultations.
    (c) Attorney's Obligation To Advise Clients of Mediation.--For the
purposes of this Act and all of the other related statutes, attorneys
and consultants are legally obliged to advise their clients of the
existence of the mediation alternative and their obligations under the
Act to participate in mediation in ``good faith''.
    (d) Judicial Enforcement.--Either party to a mediation agreement to
bring an action of enforcement in a Federal district court of competent
jurisdiction, however any matter discussed or material presented during
mediation shall not be used in any subsequent local, State, or Federal
administrative or court proceeding. The confidential provisions of any
internal conflict management program or system or agreement to
mediations shall be immune from attack by any third party.

Summary: Mandates that any Federal agency or court : (1) establish an internal dispute resolution mechanism that provides, as a voluntary option, employee-disputant access to external third-party certified mediators. And (2) participate in mediation in specified circumstances. Prescribes mediation guidelines. States that attorneys and consultants are legally obligated to advise their clients of the mediation alternative and their obligations to participate in good faith.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Andrew Carnegie Public Libraries
Act''.

SEC. 2. PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION.

    (a) In General.--The Library Services and Technology Act (20 U.S.C.
9121 et seq.) is amended--
            (1) by redesignating chapter 3 as chapter 4; and
            (2) by inserting after chapter 2 the following:

       ``CHAPTER 3--PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION

``SEC. 241. GRANTS FOR PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION.

    ``(a) In General.--From amounts appropriated under section 244, the
Director may make grants for the construction or modernization of
public libraries to persons or entities submitting applications under
section 243.
    ``(b) Applicability.--The provisions of this subtitle (other than
this chapter) shall not apply to this chapter.
    ``(c) Definitions.--In this chapter:
            ``(1) Construction.--
                    ``(A) In general.--The term `construction' means--
                            ``(i) construction of new buildings;
                            ``(ii) the acquisition, expansion,
                        remodeling, and alteration of existing
                        buildings;
                            ``(iii) the purchase, lease, and
                        installation of equipment for any new or
                        existing buildings; or
                            ``(iv) any combination of the activities
                        described in clauses (i) through (iii),
                        including architect' fees and the cost of
                        acquisition of land.
                    ``(B) Special rule.--Such term includes remodeling
                to meet standards under the Act entitled `An Act to
                insure that certain buildings financed with Federal
                funds are so designed and constructed as to be
                accessible to the physically handicapped', approved
                August 12, 1968 (42 U.S.C. 4151 et seq.), commonly
                known as the `Architectural Barriers Act of 1968',
                remodeling designed to ensure safe working environments
                and to conserve energy, renovation or remodeling to
                accommodate new technologies, and the purchase of
                historic buildings for conversion to public libraries.
            ``(2) Equipment.--The term `equipment' means--
                    ``(A) information and building technologies, video
                and telecommunications equipment, machinery, utilities,
                built-in equipment, and any necessary enclosures or
                structures to house the technologies, equipment,
                machinery or utilities; and
                    ``(B) all other items necessary for the functioning
                of a particular facility as a facility for the
                provision of library services.
            ``(3) Modernization.--
                    ``(A) In general.--The term `modernization' means
                the purchase, rental, or lease of technological items,
                devices, or products (including upgrades)--
                            ``(i) to improve access to library services
                        or materials in a public library; or
                            ``(ii) to maintain or improve the
                        functional capabilities of individuals with
                        disabilities in a public library.
                    ``(B) Limitation.--Such term does not include--
                            ``(i) the purchase of books, periodicals,
                        audio or video recordings, or other similar
                        library materials used by patrons; or
                            ``(ii) costs for telecommunications or
                        computer wiring undertaken in order to permit
                        or improve the use of technological items,
                        devices, or products.
            ``(4) Public library.--The term `public library' means a
        library that serves free of charge all residents of a
        community, district, or region, and receives its financial
        support in whole or in part from public funds. Such term also
        includes a research library, which, for the purposes of this
        sentence, means a library, which--
                    ``(A) makes its services available to the public
                free of charge;
                    ``(B) has extensive collections of books,
                manuscripts, and other materials suitable for scholarly
                research which are not available to the public through
                public libraries;
                    ``(C) engages in the dissemination of humanistic
                knowledge through services to readers, fellowships,
                educational and cultural programs, publication of
                significant research, and other activities; and
                    ``(D) is not an integral part of an institution of
                higher education.

``SEC. 242. USES OF FEDERAL FUNDS.

    ``(a) In General.--A recipient of a grant under this chapter shall
use funds appropriated under section 244 to pay the Federal share of
the cost of construction or modernization of public libraries.
    ``(b) Maximum Amount.--The maximum amount of a grant under this
chapter is $5,000,000.
    ``(c) Federal Share.--
            ``(1) In general.--For the purposes of subsection (a), the
        Federal share of the cost of construction or modernization of
        any project assisted under this chapter shall not exceed one-
        half of the total cost of the project.
            ``(2) Non-federal share.--The non-Federal share of the cost
        of construction or modernization of any project assisted under
        this chapter may be provided from State, local or private
        sources, including for-profit and nonprofit organizations.
    ``(d) Special Rule.--If, within 20 years after completion of
construction of any public library facility that has been constructed
in part with grant funds made available under this chapter--
            ``(1) the recipient of the grant funds (or its successor in
        title or possession) ceases or fails to be a public or
        nonprofit institution, or
            ``(2) the facility ceases to be used as a library facility,
        unless the Director determines that there is good cause for
        releasing the institution from its obligation,
the United States shall be entitled to recover from such recipient (or
successor) an amount which bears the same ratio to the value of the
facility at that time (or part thereof constituting an approved project
or projects) as the amount of the Federal grant bore to the cost of
such facility (or part thereof). The value shall be determined by the
parties or by action brought in the United States district court for
the district in which the facility is located.

``SEC. 243. APPLICATION.

    ``Any person or entity desiring to receive a grant under this
chapter for any fiscal year shall submit to the Director an application
at such time, in such manner, and containing such information as the
Director may require, including a description of the public library
construction or modernization activities be assisted under this
chapter.

``SEC. 244. LABOR STANDARDS.

    ``All laborers and mechanics employed by contractors or
subcontractors in any construction, alteration, or repair, including
painting and decorating, of projects, buildings, and works which are
assisted under this chapter, shall be paid wages at rates not less than
those prevailing on similar construction in the locality as determined
by the Secretary of Labor in accordance with the Act of March 3, 1931
(40 U.S.C. 276--276a-5), popularly known as the Davis-Bacon Act. The
Secretary of Labor shall have, with respect to such labor standards,
the authority and functions set forth in Reorganization Plan Numbered
14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of
June 1, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)).

``SEC. 245. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry
out this chapter $200,000,000 for fiscal year 2006 and each of the 4
succeeding fiscal years, to remain available until expended.
    ``(b) Administration.--Not more than 3 percent of the funds
appropriated under subsection (a) for a fiscal year may be used to pay
for the Federal administrative costs of carrying out this chapter.''.
    (b) Conforming Amendment.--Section 210A of the Museum and Library
Services Act (20 U.S.C. 9109) is amended by striking ``No funds'' and
inserting ``Except as provided in chapter 3 of the Library Services and
Technology Act, no funds''.

Summary: Andrew Carnegie Public Libraries Act - Amends the Library Services and Technology Act to authorize the Director of the Institute of Museum and Library Services to make grants for the construction or modernization of public libraries. Sets forth application requirements for persons or entities desiring to receive such grants. Allows the non-federal share of project costs to be provided from state, local, or private sources, including for-profit and nonprofit organizations. Provides for recovery of funds if a grant recipient or successor ceases or fails to be a public or nonprofit institution, or if the facility ceases to be used as a library.

To provide for public library construction and modernization.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Entertainment Protection
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Research shows that exposure to video games,
        television, movies, and other forms of media has powerful
        effects on the development of children and adolescents and that
        such effects can be positive or negative depending on the
        nature and content of the media.
            (2) Experimental research and longitudinal research
        conducted over the course of decades shows that exposure to
        higher levels of violence on television, in movies, and in
        other forms of media in adolescence causes people in the short-
        term and, after repeated exposure, even years later to exhibit
        higher levels of violent thoughts, anti-social and aggressive
        behavior, fear, anxiety, and hostility, and desensitization to
        the pain and suffering of others.
            (3) This evidence is so strong, it has been replicated in
        so many populations, and it draws on such diverse methodologies
        that a 2003 comprehensive review of the literature concluded
        ``the scientific debate over whether media violence increases
        aggression and violence is essentially over'' and 6 major
        medical and public health organizations, including the American
        Medical Association and the American Psychological Association,
        issued a Joint Statement to Congress in 2000 stating that
        research points ``overwhelmingly to a causal connection between
        media violence and aggressive behavior''.
            (4) New research shows that exposure to violent video games
        causes similar effects as does exposure to violence in other
        media, including increased levels of aggression in both the
        short-term and long-term, and research shows that the uniquely
        interactive, engaging nature of video games may be especially
        powerful in shaping children's thoughts, feelings, and
        behaviors.
            (5) Research shows that children are more likely to imitate
        the actions of a character with whom they identify, and in
        violent video games the player is often provided with a
        behavioral script where he or she takes the point of view of
        the shooter or perpetrator.
            (6) Research shows that children are more likely to learn
        from behaviors that they repeat over and over again and
        behaviors that they are rewarded for taking, and in most video
        games, surveys show, players repeat actions over and over
        again, aggression goes unpunished, and perpetrators are
        rewarded for taking aggressive action
            (7) The video game industry, through the Entertainment
        Software Ratings Board, has created a system of self-
        regulation, and a system to provide information to parents
        about the nature and content of video games.
            (8) The Entertainment Software Ratings Board has determined
        that certain video games contain intense violence and explicit
        sexual content that makes them inappropriate for minors, and
        has rated these games Mature and Adults-Only.
            (9) Research shows that children whose parents monitor and
        control their access to violent media are less likely to
        demonstrate the negative effects of such media.
            (10) Parents rely on the Entertainment Software Ratings
        Board ratings system to protect their children from
        inappropriate material yet, numerous studies have demonstrated
        that young people can access Mature-rated games with relative
        ease.
            (11) There is a need to enact legislation to ensure that
        the ratings system is meaningful.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Business.--The term ``business'' means any ongoing
        lawful activity that is conducted--
                    (A) primarily for the purchase, sale, lease, or
                rental of personal or real property, or for the
                manufacture, processing, or marketing of products,
                commodities, or any other personal property; or
                    (B) primarily for the sale of services to the
                public.
            (2) Commission.--The term ``Commission'' means the Federal
        Trade Commission.
            (3) Entertainment software ratings board.--The term
        ``Entertainment Software Ratings Board'' means the independent
        rating system, or any successor ratings system--
                    (A) established by the Interactive Digital Software
                Association; and
                    (B) developed to provide information to consumers
                regarding the content of video and computer games.
            (4) Video game.--The term ``video game'' means an
        electronic object or device that--
                    (A) stores recorded data or instructions;
                    (B) receives data or instructions generated by the
                person who uses it; and
                    (C) by processing such data or instructions,
                creates an interactive game capable of being played,
                viewed, or experienced on or through a computer, gaming
                system, console, or other technology.

SEC. 4. PROHIBITION ON SALE OF VIOLENT VIDEO GAMES TO MINORS.

    (a) In General.--No business shall sell or rent, or permit the sale
or rental of any video game with a Mature, Adults-Only, or Ratings
Pending rating from the Entertainment Software Ratings Board to any
individual who has not attained the age of 17 years.
    (b) Affirmative Defenses.--
            (1) In general.--It shall be a defense to any prosecution
        for a violation of the prohibition under subsection (a) that a
        business--
                    (A) was shown an identification document, which the
                business reasonably believed to be valid, indicating
                that the individual purchasing or renting the video
                game had attained the age of 17 years or older; or
                    (B) had an established ratings enforcement policy--
                            (i) as evidenced by--
                                    (I) cash register prompts reminding
                                employees of that business to check for
                                identification stating that a customer
                                is of an appropriate age to purchase or
                                rent a video game, or an established
                                video game age identification training
                                program for employees of that business;
                                    (II) clear labels indicating the
                                rating on each video game sold or
                                rented by that business; and
                                    (III) signs on the wall of the
                                business property explaining, in
                                simple, easy-to-understand language,
                                the ratings enforcement policy of that
                                business; or
                            (ii) as evidenced by an online age
                        verification system, in the case of online
                        sales.
            (2) Limitation.--If a business is found to repeatedly
        violate the prohibition in subsection (a) despite the adoption
        by such business of an established ratings policy as described
        in paragraph (1)(B), such business shall be prohibited in any
        prosecution for a violation of this section from using any of
        the defenses listed in subsection (b).
    (c) Penalty.--The manager or agent of the manager acting in a
managerial capacity of a business found to be in violation of the
prohibition under subsection (a) shall be subject to a civil penalty,
community service, or both not to exceed--
            (1) $1,000 or 100 hours of community service for the first
        violation; and
            (2) $5,000 or 500 hours of community service for each
        subsequent violation.

SEC. 5. ANNUAL ANALYSIS TO PREVENT RATINGS SLIPPAGE.

    (a) In General.--The Commission shall contract with an organization
with expertise in evaluating video game content and that has no
financial or personal interest, connection, or tie with the video game
industry, to determine, in a written report, on an annual basis,
whether the ratings established by the Entertainment Software Ratings
Board remain consistent and reliable over time.
    (b) Content of Analysis.--Each annual analysis report required
under subsection (a) shall--
            (1) evaluate a random sample of video games, representing
        the full menu of Entertainment Software Ratings Board ratings;
            (2) determine whether each such rating has essentially the
        same meaning from year to year; and
            (3) compare Entertainment Software Ratings Board ratings to
        independent, valid, and reliable rating systems ratings.

SEC. 6. AUTHORITY TO CONDUCT SECRET AUDITS.

    The Commission shall conduct, and make public the results of, an
annual secret audit of businesses to determine how frequently minors
who attempt to purchase video games with a Mature, Adults-Only, or
Rating Pending rating are able to do so successfully.

SEC. 7. AUTHORITY TO INVESTIGATE MISLEADING RATINGS.

    (a) In General.--The Commission shall conduct, to the extent
practicable, an investigation into embedded content in video games that
can be accessed through a keystroke combination, pass-code, or other
technological means to estimate--
            (1) what proportion of video games contain embedded content
        that is inconsistent with the rating given to such games, and
        what proportion of the domestic market such games represent;
            (2) what proportion of video games containing embedded
        content that is inconsistent with the rating given to such
        games are known to the video game manufacturer at the time of
        the commercial release of the game to contain embedded content,
        and what proportion of the domestic market such games
        represent; and
            (3) whether video game manufacturers have the capacity to
        ensure that video games do not contain embedded content that is
        inconsistent with the ratings given to such games.
    (b) Sense of Congress.--It is the sense of Congress that whenever
the Commission determines that the content of a video game, either
immediately accessible or embedded but accessible through a keystroke
combination, pass-code, or other technological means, is inconsistent
with the rating given to such game, the Commission shall take
appropriate action under its authority to regulate unfair or deceptive
acts or practices in or affecting commerce as authorized under section
5 of the Federal Trade Commission Act (15 U.S.C. 45).
    (c) Timing of Report.--Not later than 1 year after the date of
enactment of this Act, the Commission shall report to Congress the
findings of its investigation under subsection (a).

SEC. 8. AUTHORITY TO REGISTER COMPLAINTS.

    (a) In General.--The Bureau of Consumer Protection of the Federal
Trade Commission shall ensure that consumers can file complaints
alleging that content-descriptions or labels on a video game are
misleading or deceptive using the same Commission Consumer Complaint
procedure by which the Bureau of Consumer Protection accepts complaints
concerning other forms of unfair, deceptive, or fraudulent advertising,
including through an easily accessible online filing system.
    (b) Report to Congress.--The Bureau of Consumer Protection shall
tabulate and report to Congress, on an annual basis, the number of
complaints under subsection (a) levied against each video game
manufacturer and business.

SEC. 9. EFFECTIVE DATE.

    This Act shall become effective 120 days after the date of
enactment of this Act.

Summary: Family Entertainment Protection Act - Prohibits a business from selling, renting, or permitting the sale or rental of any video game with a Mature, Adults-Only, or Ratings Pending rating from the Entertainment Software Ratings Board to any individual who has not attained the age of 17 years. Subjects violators of this Act to a civil penalty. Requires the Federal Trade Commission (FTC) to contract with an expert, independent organization to determine annually whether Board ratings remain consistent and reliable. Authorizes the FTC to conduct: (1) and publicize the results of an annual secret audit of businesses to determine how frequently minors who attempt to purchase video games with a Mature, Adults-Only, or Rating Pending rating are able to do so successfully. And (2) an investigation into embedded content in video games that can be accessed through a keystroke combination, pass-code, or other technological means to estimate certain data about video games with embedded content. Expresses the sense of Congress that whenever the FTC determines that the content of a video game is inconsistent with the rating given to such game, it shall take appropriate action under its authority to regulate unfair or deceptive acts or practices in or affecting commerce. Requires the FTC's Bureau of Consumer Protection to ensure that consumers can file complaints alleging misleading or deceptive content-descriptions or labels on a video game using the same procedure by which complaints are now accepted concerning other forms of unfair, deceptive, or fraudulent advertising.

A bill to limit the exposure of children to violent video games.