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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Unemployment Compensation Amendments
of 1993''.
SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM.
(a) General Rule.--Sections 102(f)(1) and 106(a)(2) of the Emergency
Unemployment Compensation Act of 1991 (Public Law 102-164, as amended)
are each amended by striking ''October 2, 1993'' and inserting
''February 5, 1994''.
(b) Weeks of Benefits Available During Extension.--
(1) Subparagraph (A) of section 102(b)(2) of such Act is
amended--
(A) by redesignating clause (vi) as clause (vii),
(B) by inserting after clause (v) the following new clause:
''(vi) Reduction of weeks after october 2, 1993.--In the
case of weeks beginning after October 2, 1993--

''(I) clause (i) of this subparagraph shall be
applied by substituting '13' for '33' and by
substituting '7' for '26',
''(II) clauses (ii), (iii), (iv), and (v) of this
subparagraph shall not apply, and
''(III) subparagraph A of paragraph (1) shall be
applied by substituting '50 percent' for '130
percent'.'', and

(C) by striking ''or (iv)'' in clause (vii) (as redesignated
by subparagraph (A)) and inserting ''(iv), or (vi)''.
(2) Subparagraph (B) of section 102(b)(2) of such Act is amended
by striking ''and (iv)'' and inserting ''(iv) and (vi)''.
(c) Modification of Final Phase-Out.--Paragraph (2) of section
102(f) of such Act is amended--
(1) by striking ''October 2, 1993'' and inserting ''February 5,
1994'', and
(2) by striking ''January 15, 1994'' and inserting ''April 30,
1994''.
(d) Conforming Amendments.--Section 101(e) of such Act is amended--
(1) by striking ''October 2, 1993'' each place it appears in
paragraph (1) and inserting ''February 5, 1994'', and
(2) by striking ''(and is not triggered off under paragraph
(1))'' in paragraph (2) and inserting ''after February 5, 1994,''.
(e) Effective Date.--The amendments made by this section shall apply
to weeks of unemployment beginning after October 2, 1993.
SEC. 3. MODIFICATION TO ELIGIBILITY REQUIREMENTS FOR EMERGENCY
UNEMPLOYMENT COMPENSATION.
(a) Repeal of Disregard of Rights to Regular Compensation.--
Subsection (f) of section 101 of the Emergency Unemployment Compensation
Act of 1991 (Public Law 102-164, as amended) is hereby repealed.
(b) Effective Date.--The repeal made by subsection (a) shall apply
to weeks of unemployment beginning after the date of the enactment of
this Act; except that such repeal shall not apply in determining
eligibility for emergency unemployment compensation from an account
established before October 2, 1993.

SEC. 4. WORKER PROFILING.

(a) In General.--
(1) Establishment of profiling system.--Section 303 of the
Social Security Act is amended by adding at the end thereof the
following new subsection:
''(j)(1) The State agency charged with the administration of the
State law shall establish and utilize a system of profiling all new
claimants for regular compensation that--
''(A) identifies which claimants will be likely to exhaust
regular compensation and will need job search assistance services to
make a successful transition to new employment;
''(B) refers claimants identified pursuant to subparagraph (A)
to reemployment services, such as job search assistance services,
available under any State or Federal law;
''(C) collects follow-up information relating to the services
received by such claimants and the employment outcomes for such
claimants subsequent to receiving such services and utilizes such
information in making identifications pursuant to subparagraph (A);
and
''(D) meets such other requirements as the Secretary of Labor
determines are appropriate.
''(2) Whenever the Secretary of Labor, after reasonable notice and
opportunity for hearing to the State agency charged with the
administration of the State law, finds that there is a failure to comply
substantially with the requirements of paragraph (1), the Secretary of
Labor shall notify such State agency that further payments will not be
made to the State until he is satisfied that there is no longer any such
failure. Until the Secretary of Labor is so satisfied, he shall make no
further certification to the Secretary of the Treasury with respect to
such State.''.
(2) Conforming amendment.--Section 304(a)(2) of the Social
Security Act is amended by striking ''or (i)'' and inserting ''(i),
or (j)''.
(b) Participation Requirement.--Section 303(a) of the Social
Security Act is amended--
(1) by striking the period at the end of paragraph (9) and
inserting ''; and'', and
(2) by adding at the end thereof the following new paragraph:
''(10) A requirement that, as a condition of eligibility for
regular compensation for any week, any claimant who has been
referred to reemployment services pursuant to the profiling system
under subsection (j)(1)(B) participate in such services or in
similar services unless the State agency charged with the
administration of the State law determines--
''(A) such claimant has completed such services; or
''(B) there is justifiable cause for such claimant's failure
to participate in such services.''.
(c) Technical Assistance.--The Secretary of Labor shall provide
technical assistance and advice to assist the States in implementing the
profiling system required under the amendments made by subsection (a).
Such assistance shall include the development and identification of
model profiling systems.
(d) Report to Congress.--Not later than the date 3 years after the
date of enactment of this Act, the Secretary of Labor shall report to
the Congress on the operation and effectiveness of the profiling system
required under the amendments made by subsection (a) and the
participation requirement provided by the amendments made under
subsection (b). Such report shall include such recommendations as the
Secretary of Labor determines are appropriate.
(e) Conforming Amendment.--Section 4 of the Emergency Unemployment
Compensation Amendments of 1993 (Public Law 103-6) is hereby repealed.
(f) Effective Dates.--
(1) The amendments made by subsections (a) and (b) shall take
effect on the date one year after the date of the enactment of this
Act.
(2) The provisions of subsections (c), (d), and (e) shall take
effect on the date of enactment of this Act.
SEC. 5. TECHNICAL AMENDMENT TO UNEMPLOYMENT TRUST FUND.
Paragraph (1) of section 905(b) of the Social Security Act is
amended to read as follows:
''(b)(1) Except as provided in paragraph (3), the Secretary of the
Treasury shall transfer (as of the close of each month) from the
employment security administration account to the extended unemployment
compensation account established by subsection (a), an amount
(determined by such Secretary) equal to 20 percent of the amount by
which--
''(A) the transfers to the employment security administration
account pursuant to section 901(b)(2) during such month, exceed
''(B) the payments during such month from the employment
security administration account pursuant to section 901 (b)(3) and
(d).
If for any such month the payments referred to in subparagraph (B)
exceed the transfers referred to in subparagraph (A), proper adjustments
shall be made in the amounts subsequently transferred.''

SEC. 6. EXTENSION OF REPORTING DATE FOR ADVISORY COUNCIL.

Section 908(f) of the Social Security Act is amended--
(1) in paragraph (1), by striking ''2d year'' and inserting
''third year''; and
(2) in paragraph (2), by striking ''February 1, 1994'' and
inserting ''February 1, 1995''.
SEC. 7. TEMPORARY INCREASE IN SPONSORSHIP PERIOD FOR ALIENS UNDER THE
SUPPLEMENTAL SECURITY INCOME PROGRAM.
(a) Increase in Sponsorship Period.--
(1) In general.--Section 1621 of the Social Security Act (42
U.S.C. 1382j) is amended by striking ''three years'' each place such
term appears and inserting ''5 years''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect on January 1, 1994.
(b) Reinstatement of Prior Law.--
(1) In general.--Section 1621 of the Social Security Act (42
U.S.C. 1382j), as amended by subsection (a)(1) of this section, is
amended by striking ''5 years'' each place such term appears and
inserting ''3 years''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect on October 1, 1996.

SEC. 8. TREATMENT OF RAILROAD WORKERS.

(a) Extension of Program.--
(1) In general.--Paragraphs (1) and (2) of section 501(b) of the
Emergency Unemployment Compensation Act of 1991 (Public Law 102-164,
as amended) are each amended by striking ''October 2, 1993'' and
inserting ''January 1, 1994''.
(2) Conforming amendment.--Section 501(a) of such Act is amended
by striking ''October 1993'' and inserting ''January 1994''.
(b) Length of Benefits During Period of Extension.--Section
501(d)(2)(B)(ii) of such Act is amended by striking ''on and after the
date on which a reduction in benefits is imposed under section
102(b)(2)(A)(iv)'' and inserting ''after October 2, 1993''.
(c) Termination of Benefits.--Section 501(e) of such Act is
amended--
(1) by striking ''October 2, 1993'' and inserting ''January 1,
1994'', and
(2) by striking ''January 15, 1994'' and inserting ''March 26,
1994''.

SEC. 9. EFFECTIVE DATES.

(a) Repeal of Disregard of Rights to Regular Compensation.--
Notwithstanding the provisions of section 3(b) of this Act, the repeal
made by section 3(a) of this Act shall apply to weeks of unemployment
beginning after October 2, 1993, except that such repeal shall not apply
in determining eligibility for emergency unemployment compensation from
an account established before October 3, 1993.
(b) Railroad Workers.--
(1) In general.--Paragraphs (1) and (2) of section 501(b) of the
Emergency Unemployment Compensation Act of 1991 (Public Law 102-164,
as amended), as amended by section 8(a)(1) of this Act, are each
amended by striking ''January 1, 1994'' and inserting ''February 5,
1994''.
(2) Conforming amendment.--Section 501(a) of such Emergency
Unemployment Compensation Act of 1991, as amended by section 8(a)(2)
of this Act, is amended by striking ''January 1994'' and inserting
''February 1994''.
(3) Termination of benefits.--Section 501(e) of such Emergency
Unemployment Compensation Act of 1991, as amended by section 8(c) of
this Act, is amended--
(A) by striking ''January 1, 1994'' and inserting ''February
5, 1994'', and
(B) by striking ''March 26, 1994'' and inserting ''April 30,
1994''.

Speaker of the House of Representatives.

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

A: Unemployment Compensation Amendments of 1993 - Amends the Emergency Unemployment Compensation Act of 1991 to extend to February 5, 1994, the authorization for new claims for benefits under the emergency unemployment compensation (EUC) program. Reduces the number of benefit weeks available during such extended period after October 2, 1993, to seven or 13, as applicable. Modifies the final phase-out period for continuation of claims. Repeals provisions which allow certain claimants who have exhausted benefits to choose EUC benefits in lieu of regular State benefits at the beginning of a new benefit year. Amends the Social Security Act to require the State agency administering the State unemployment law to establish and use a system of worker profiling of all new claimants for regular compensation to: (1) identify which claimants will be likely to exhaust regular compensation and will need job search assistance services; (2) refer identified claimants to reemployment services available under State or Federal law; and (3) collect follow-up information on such services and employment outcomes. Directs the Secretary of Labor to report to the Congress on such profiling system. Makes a technical amendment to Unemployment Trust Fund provisions. Extends a reporting date for an advisory council on unemployment compensation. Provides for a temporary increase in the sponsorship period for aliens under the supplemental security income program. Provides for an extension of the program of emergency unemployment compensation benefits for railroad workers.
****
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Housing Opportunities and Mitigating
Emergencies Act of 2005''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) The Gulf Coast region of the United States was recently
decimated by twin natural disasters: Hurricanes Katrina and
Rita.
(2) Hurricane Katrina crashed into the Gulf Coast on August
29, 2005, as a category 4 storm.
(3) At the time of its landing, Hurricane Katrina was
recorded as the third strongest hurricane to ever make landfall
on the United States, with sustained winds over 140 miles per
hour.
(4) The damage and destruction caused by Hurricane Katrina
along the coastal regions of Louisiana, Mississippi, and
Alabama were unmatched in their breadth and scope.
(5) A 10- to 30-foot storm surge came ashore on over 200
continuous miles of coastline from southeast Louisiana,
including Mississippi and Alabama, through to the Florida
panhandle.
(6) The 30-foot storm surge recorded at Biloxi,
Mississippi, is the highest ever observed in the United States.
(7) Hurricane Katrina's storm surge quickly breached the
levee system that protected the city of New Orleans from Lake
Pontchartrain and the Mississippi River, subsequently flooding
at least 80 percent of the city.
(8) The magnitude of Hurricane Katrina was of such an
unprecedented scale that the Federal disaster declarations
which followed its destructive path blanketed over 90,000
square miles of the United States, an area almost as large as
the United Kingdom, displacing more than 1,000,000 people--a
humanitarian crisis on a scale unseen in the United States
since the Great Depression.
(9) The storm has now become the most destructive and
costliest natural disaster in the history of the United States,
resulting in over 1,300 deaths and estimated damage between
$70,000,000,000 and $130,000,000,000.
(10) Less than one month later, on September 24, 2005, the
region was battered again, this time by the strongest-measured
hurricane to ever have entered the Gulf of Mexico--Hurricane
Rita.
(11) Hurricane Rita came ashore between Texas and Louisiana
as a category 3 hurricane, packing winds up to 120 miles per
hour and a storm surge of 10 feet.
(12) A day prior to landfall, the resultant storm surge
also reopened some of the levee breaches caused by Hurricane
Katrina a month earlier and re-flooded parts of New Orleans.
(13) Local storm surges of 15 to 20 feet in southwestern
Louisiana were reported, and damage was extensive in coastal
parishes.
(14) Thousands of residents and families in the effected
States, who lived outside the 100-year flood plain and were
told they did not need flood insurance, suffered significant
damage to their homes and in many cases total losses.
(15) These families are currently without any type of
permanent shelter or any means by which to acquire such shelter
or otherwise make themselves whole, thus crippling the Gulf
Coast region and its economy.
(16) Because of the unprecedented magnitude of the storm
and the impact that the devastation of such a large region will
have on the United States as a whole, the Federal Government
should play a role in providing emergency assistance to these
families to help them rebuild and get on with their lives.

SEC. 3. TEMPORARY EMERGENCY ASSISTANCE FOR PRIMARY RESIDENCES DAMAGED
OR DESTROYED BY HURRICANES KATRINA AND RITA.

Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end
the following:

''SEC. 425. TEMPORARY EMERGENCY ASSISTANCE FOR PRIMARY RESIDENCES
DAMAGED OR DESTROYED BY HURRICANES KATRINA AND RITA.

''(a) In General.--The Director shall provide emergency assistance
to owners of eligible structures in accordance with this section.
''(b) Application.--The Director shall provide for owners of
eligible structures to submit applications for assistance under this
section in such form, containing such information, and in accordance
with such procedures, as the Director may require.
''(c) Use of Funds; Scope of Coverage.--
''(1) In general.--The amount of any assistance under this
section provided to an owner of an eligible structure in a
covered disaster area of a State may be used only for paying--
''(A) the costs of repair, reconstruction, or
replacement of such structure or construction or
purchase of any other structure (including a
manufactured home) to be used as the primary residence
of the owner in the covered disaster area of such
State; or
''(B) the amount remaining to be paid by the owner
on the mortgage of the eligible structure.
''(2) Replacement cost.--
''(A) In general.--Subject to subsection (d), the
amount of any assistance provided under this section
shall be based on the replacement cost necessary for
repair, reconstruction, or replacement of the eligible
structure to its original specifications and standards
prior to--
''(i) August 29, 2005, in the case of a
structure damaged by flooding resulting from
Hurricane Katrina; or
''(ii) September 23, 2005, in the case of a
structure damaged by flooding resulting from
Hurricane Rita.
Such costs shall include adjustments as necessary for
compliance with the requirements of subsection
(e)(1)(B).
''(B) Documentation.--An owner of an eligible
structure applying for assistance under paragraph (1)
shall submit to the Director documentation and such
other evidence (including a report completed by a
State-licensed, nationally-certified home inspector) as
the Director may require to establish the replacement
cost of the eligible structure under subparagraph (A).
''(d) Cost Sharing.--
''(1) Federal share.--Subject to subsection (f) and
paragraph (2), the Federal share of the cost of assistance
provided under this section for an eligible structure that the
Director shall pay to the owner of the eligible structure shall
be 80 percent of the replacement cost of the eligible structure
as determined under subsection (c)(2).
''(2) Maximum amount.--The maximum amount of assistance
that may be provided to an owner of an eligible structure under
this section for such structure may not exceed $150,000.
''(3) Optional state share.--If the owner of an eligible
structure in a State is provided assistance under this section,
the State may provide to the owner 10 percent of the
replacement cost of the eligible structure as determined under
subsection (c)(2), but not to exceed $15,000.
''(e) Requirements Regarding Future Flood Insurance Coverage and
Mitigation Actions.--
''(1) In general.--The Director may not provide assistance
under this section for an eligible structure unless--
''(A) the owner of the property upon which the
eligible structure is located has entered into a
legally binding agreement with the Director, including
such deed restrictions as the Director considers
appropriate, to ensure that such owner, and any future
owners, will at all times after such assistance is
provided under this section with respect to the
property, purchase and maintain flood insurance, in
perpetuity, for any structures located at any time on
the same property on which, at the time of purchase,
such eligible structure is located, in an amount at
least equal to the lesser of--
''(i) the value of the structure, as
determined by the Director; or
''(ii) the maximum limit of coverage made
available with respect to the particular type
of property under the National Flood Insurance
Program, if such coverage is available; and
''(B) the owner of the property certifies to the
Director that any structure constructed, repaired, or
reconstructed with such assistance will be constructed,
repaired, or reconstructed in accordance with--
''(i) standards established by the
International Code Council in effect at the
time the building permit is issued by the local
government to the owner of the eligible
structure; and
''(ii) any final flood elevations or flood
maps in effect for purposes of the National
Flood Insurance Program at the time the
building permit is issued by the local
government to the owner of the eligible
structure and any advisory flood elevations or
advisory flood insurance rate maps issued by
the Director for purposes of such program
before such building permit is issued.
''(2) Waiver authority.--The Director may waive the
requirements of paragraph (1)(B) with respect to the repair of
an eligible structure if the Director determines that the cost
of compliance with such requirements by the owner in repairing
the eligible structure outweigh the benefit derived from such
compliance pursuant to a substantial damage analysis.
''(f) Prohibition on Duplicative Benefits in Excess of Replacement
Costs.--Notwithstanding section 312, the Director shall assure that no
owner of an eligible structure will receive assistance under this
section that, when combined with other financial assistance received by
the owner under any program, including section 404 or 408, or from
insurance or any other source for the purpose of repair,
reconstruction, or replacement of the eligible structure, is in excess
of the replacement cost of the eligible structure as determined under
subsection (c)(2). Before receipt of any assistance for which an owner
is eligible under this section for an eligible structure, the owner
shall enter into a legally binding agreement with the Director to repay
any and all of such assistance that is in excess of the replacement
cost of the eligible structure as determined under subsection (c)(2).
''(g) Verification of Use of Funds and Compliance.--
''(1) Documentation; reports.--Within 6 months after the
date on which an owner of an eligible structure receives
assistance under this section, and every 6 months thereafter
until all such assistance is accounted for, the owner shall
submit to the Director--
''(A) all receipts and documentation verifying the
use of such assistance for the purpose for which it was
provided; and
''(B) reports completed by a State-licensed,
nationally-certified home inspector verifying
compliance by the owner with the requirements of
subsection (e)(1)(B) if such requirements are not
waived by the Director.
''(2) Enforcement.--The Director may suspend assistance
under this section, and take any additional action which the
Director deems appropriate, with respect to an owner of an
eligible structure if the Director determines that the owner is
not complying with paragraph (1).
''(h) Definitions.--In this section, the following definitions
apply:
''(1) Covered disaster area.--The term 'covered disaster
area' means an area--
''(A) for which a major disaster was declared by
the Director pursuant to title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
as a result of Hurricane Katrina or Hurricane Rita in
2005; and
''(B) in which the sale of flood insurance coverage
was available under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.) as of--
''(i) August 29, 2005, in the case of an
area for which a declaration referred to in
subparagraph (A) was made as a result of
Hurricane Katrina; or
''(ii) September 23, 2005, in the case of
an area for which a declaration referred to in
subparagraph (A) was made as a result of
Hurricane Rita.
''(2) Eligible structure.--The term 'eligible structure'
means a structure (including a manufactured home) that--
''(A) sustained damage or losses from flooding
resulting from Hurricane Katrina or Hurricane Rita in
2005;
''(B) is located in a covered disaster area;
''(C) is a residential structure that was used as
the primary residence of the owner of the structure as
of--
''(i) August 29, 2005, in the case of a
structure damaged by flooding resulting from
Hurricane Katrina; and
''(ii) September 23, 2005, in the case of a
structure damaged by flooding resulting from
Hurricane Rita;
''(D) was covered by an insurance policy for losses
caused by wind or windstorm as of--
''(i) August 29, 2005, in the case of a
structure damaged by flooding resulting from
Hurricane Katrina; and
''(ii) September 23, 2005, in the case of a
structure damaged by flooding resulting from
Hurricane Rita;
''(E) is of a type for which coverage was generally
made available under the National Flood Insurance
Program as of August 29, 2005; and
''(F) is not located in an area that has been
identified by the Director as an area having special
flood hazards (as such term is used for purposes of
section 102 of the Flood Disaster Protection Act of
1973 (42 U.S.C. 4012a)) as of August 29, 2005.
''(3) Director.--The term 'Director' means the Director of
the Federal Emergency Management Agency.
''(i) Termination.--The Director may not provide any assistance
under this section except pursuant to an application for such
assistance submitted to the Director before the expiration of the 180-
day period beginning on the date of the enactment of this section.
''(j) Regulations.--The Director may issue any regulations
necessary to carry out this section.''.

SEC. 4. HAZARD MITIGATION.

(a) In General.--Section 404(a) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended--
(1) in the first sentence by striking ''75'' and inserting
''90''; and
(2) in the last sentence by striking ''7.5'' and inserting
''15''.
(b) Property Acquisition and Relocation Assistance.--Section 404(b)
of such Act (42 U.S.C. 5170c(b)) is amended by adding at the end the
following:
''(4) Reduction.--The amount of any assistance that would
otherwise be provided to an owner of an eligible structure
under section 425(c)(1)(B) shall be reduced by the amount of
assistance the owner receives for such structure under such
section.''.
(c) Applicability.--The amendments made by subsections (a) and (b)
shall apply with respect to a major disaster declared by the President
on or after August 24, 2005.

A: Housing Opportunities and Mitigating Emergencies Act of 2005 - Amernds the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require the Director of the Federal Emergency Management Agency (FEMA) to provide temporary emergency assistance for primary residences damaged or destroyed by Hurricanes Katrina and Rita.

Increases from 75% to 90% the amount the President may contribute toward the cost of cost-effective hazard mitigation measures which substantially reduce the risk of future damage, hardship, loss, or suffering in any area affected by a major disaster. Doubles from 7.5% to 15% of the estimated aggregate federal disaster relief grants to an area the limit on the total amount of such presidential contributions.
****
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Citizen Petition Fairness and
Accuracy Act of 2006''.

SEC. 2. CITIZEN PETITIONS AND PETITIONS FOR STAY OF AGENCY ACTION.

Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(5)) is amended by adding at the end the following:
''(G)(i) Notwithstanding any other provision of law, any petition
submitted under section 10.30 or section 10.35 of title 21, Code of
Federal Regulations (or any successor regulation), shall include a
statement that to the petitioner's best knowledge and belief, the
petition--
''(I) includes all information and views on which the
petitioner relies, including all representative data and
information known to the petitioner that is favorable or
unfavorable to the petition;
''(II) is well grounded in fact and is warranted by law;
''(III) is not submitted for an improper purpose, such as
to harass or cause unnecessary delay (including unnecessary
delay of competition or agency action); and
''(IV) does not contain a materially false, misleading, or
fraudulent statement.
''(ii) The Secretary shall investigate, on receipt of a complaint,
a request under clause (vi), or on its own initiative, any petition
submitted under such section 10.30 or section 10.35 (or any successor
regulation), that--
''(I) does not comply with the requirements of clause (i);
''(II) may have been submitted for an improper purpose as
described in clause (i)(III); or
''(III) may contain a materially false, misleading, or
fraudulent statement as described in clause (i)(IV).
''(iii) If the Secretary finds that the petitioner has knowingly
and willingly submitted the petition for an improper purpose as
described in clause (i)(III), or which contains a materially false,
misleading, or fraudulent statement as described in clause (i)(IV), the
Secretary may--
''(I) impose a civil penalty of not more than $1,000,000,
plus attorneys fees and costs of reviewing the petition and any
related proceedings;
''(II) suspend the authority of the petitioner to submit a
petition under such section 10.30 or section 10.35 (or any
successor regulation), for a period of not more than 10 years;
''(III) revoke permanently the authority of the petitioner
to submit a petition under such section 10.30 or section 10.35
(or any successor regulation); or
''(IV) dismiss the petition at issue in its entirety.
''(iv) If the Secretary takes an enforcement action described in
subclause (I), (II), (III), or (IV) of clause (iii) with respect to a
petition, the Secretary shall refer that petition to the Federal Trade
Commission for further action as the Federal Trade Commission finds
appropriate.
''(v) In determining whether to take an enforcement action
described in subclause (I), (II), (III), or (IV) of clause (iii) with
respect to a petition, and in determining the amount of any civil
penalty or the length of any suspension imposed under that clause, the
Secretary shall consider the specific circumstances of the situation,
such as the gravity and seriousness of the violation involved, the
amount of resources expended in reviewing the petition at issue, the
effect on marketing of competing drugs of the pendency of the
improperly submitted petition, including whether the timing of the
submission of the petition appears to have been calculated to cause
delay in the marketing of any drug awaiting approval, and whether the
petitioner has a history of submitting petitions in violation of this
subparagraph.
''(vi)(I) Any person aggrieved by a petition filed under such
section 10.30 or section 10.35 (or any successor regulation), including
a person filing an application under subsection (b)(2) or (j) of this
section to which such petition relates, may request that the Secretary
initiate an investigation described under clause (ii) for an
enforcement action described under clause (iii).
''(II) The aggrieved person shall specify the basis for its belief
that the petition at issue is false, misleading, fraudulent, or
submitted for an improper purpose. The aggrieved person shall certify
that the request is submitted in good faith, is well grounded in fact,
and not submitted for any improper purpose. Any aggrieved person who
knowingly and intentionally violates the preceding sentence shall be
subject to the civil penalty described under clause (iii)(I).
''(vii) The Secretary shall take final agency action with respect
to a petition filed under such section 10.30 or section 10.35 (or any
successor regulation) within 6 months of receipt of such petition. The
Secretary shall not extend such 6-month review period, even with
consent of the petitioner, for any reason, including based upon the
submission of comments relating to a petition or supplemental
information supplied by the petitioner. If the Secretary has not taken
final agency action on a petition by the date that is 6 months after
the date of receipt of the petition, such petition shall be deemed to
have been denied on such date.
''(viii) The Secretary may promulgate regulations to carry out this
subparagraph, including to determine whether petitions filed under such
section 10.30 or section 10.35 (or any successor regulation) merit
enforcement action by the Secretary under this subparagraph.''.

A:
Citizen Petition Fairness and Accuracy Act of 2006 - Amends the Federal Food, Drug, and Cosmetic Act to require that any citizen petition or request for stay of action related to an abbreviated new drug application include a statement that the petition: (1) includes all information and views on which the petitioner relies; (2) is well grounded in fact and warranted by law; (3) is not submitted for an improper purpose; and (4) does not contain a materially false, misleading, or fraudulent statement. Requires the Secretary of Health and Human Services to investigate any petition that does not comply.

Allows the Secretary to impose penalties for knowingly and willfully submitting a petition for an improper purpose or that contains a materially false, misleading, or fraudulent statement. Provides that such penalties may include: (1) civil penalty; (2) suspension or revocation of the authority to submit a petition; and (3) dismissal of the petition. Requires the Secretary to refer such a violative petition to the Federal Trade Commission (FTC) for further action. Sets forth the factors that the Secretary shall consider in taking an enforcement action or determining the penalty.

Permits any person aggrieved by a petition that may contain violations to request the Secretary to investigate. Subjects knowing and intentional violative requests to civil penalties.

Requires the Secretary to take final agency action on such a petition within six months.
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