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PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Fairness to Local Contractors Act''.

SEC. 2. ENHANCEMENT OF STATE ENFORCEMENT OF STATE TAX, EMPLOYMENT, AND
LICENSING LAWS AGAINST CONSTRUCTION CONTRACTORS.

(a) Requirement for State Tax Clearance From Potential Construction
Contractors.--
(1) Defense contracts.--Section 2305(b) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
''(10) In order to be considered a responsible bidder or offeror
for a contract for the construction of a public building, facility, or
work, a bidder or offeror shall submit with the bid or offer a tax
clearance from the State in which the contract is to be performed. For
purposes of this paragraph, a tax clearance is a document from an
appropriate State agency indicating that the bidder or offeror is in
compliance with all the tax laws of the State in which the contract is
to be performed.''.
(2) Civilian agency contracts.--Section 303B of title III
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253b) is amended by adding at the end the following
new subsection:
''(n) Tax Clearance.--In order to be considered a responsible
bidder or offeror for a contract for the construction of a public
building, facility, or work, a bidder or offeror shall submit with the
bid or offer a tax clearance from the State in which the contract is to
be performed. For purposes of this paragraph, a tax clearance is a
document from an appropriate State agency indicating that the bidder or
offeror is in compliance with all the tax laws of the State in which
the contract is to be performed.''.
(b) Requirement To Withhold Final Contract Payment Until Receipt of
State Tax Clearance and Certification of Compliance With Employment
Laws From Contractor.--
(1) Defense contracts.--Section 2307 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
''(j) Requirement To Withhold Final Payment.--(1) The head of an
agency shall withhold final payment under a contract for the
construction of a public building, facility, or work until the
contractor submits to the agency both of the following:
''(A) A tax clearance from the State in which the contract
is or was performed.
''(B) A certification stating that the contractor is in
compliance (or was in compliance during the performance of the
contract) with all applicable State laws that require employers
to make payments to or for the benefit of employees, including
laws relating to unemployment insurance, workers compensation,
health insurance, and disability insurance.
''(2) For purposes of this subsection, a tax clearance is a
document from an appropriate State agency indicating that the
contractor is or was in compliance with all the tax laws of the State
in which the contract is or was performed.''.
(2) Civilian agency contracts.--Section 305 of title III of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 255) is amended by adding at the end the following
new subsection:
''(h) Requirement To Withhold Final Payment.--(1) The head of an
executive agency shall withhold final payment under a contract for the
construction of a public building, facility, or work until the
contractor submits to the agency both of the following:
''(A) A tax clearance from the State in which the contract
is or was performed.
''(B) A certification stating that the contractor is in
compliance (or was in compliance during the performance of the
contract) with all applicable State laws that require employers
to make payments to or for the benefit of employees, including
laws relating to unemployment insurance, workers compensation,
health insurance, and disability insurance.
''(2) For purposes of this subsection, a tax clearance is a
document from an appropriate State agency indicating that the
contractor is or was in compliance with all the tax laws of the State
in which the contract is or was performed.''.
(c) Authority To Withhold Payment to Contractor of Amounts
Necessary To Meet State Tax Obligations.--
(1) Defense contracts.--Section 2307 of title 10, United
States Code, is further amended by adding at the end the
following new subsection:
''(k) Authority To Withhold Payment To Meet State Tax
Obligations.--The head of an agency may withhold, from any payment due
to a contractor under a contract made by the agency for the
construction of a public building, facility, or work, an amount
considered necessary by the head of the agency to pay to the State in
which the contract is being performed the amount of the contractor's
State tax liability that is attributable to the contract. The head of
the agency that so withholds a payment may, upon request of the State
in which the contract is being performed and with such documentation as
the head of the agency considers necessary, pay such tax liability
amount directly to the State from the withheld payment. Any amount of a
withheld payment that exceeds the actual State tax liability amount
shall be paid to the contractor.''.
(2) Civilian agency contracts.--Section 305 of title III of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 255) is further amended by adding at the end the
following new subsection:
''(i) Authority To Withhold Payment To Meet State Tax
Obligations.--The head of an executive agency may withhold, from any
payment due to a contractor under a contract made by the agency for the
construction of a public building, facility, or work, an amount
considered necessary by the head of the agency to pay to the State in
which the contract is being performed the amount of the contractor's
State tax liability that is attributable to the contract. The head of
the executive agency that so withholds a payment may, upon request of
the State in which the contract is being performed and with such
documentation as the head of the agency considers necessary, pay such
tax liability amount directly to the State from the withheld payment.
Any amount of a withheld payment that exceeds the actual State tax
liability amount shall be paid to the contractor.''.
(d) Requirement for Construction Contractors To Obtain Applicable
State Licenses.--
(1) Defense contracts.--(A) Chapter 141 of title 10, United
States Code, is amended by adding at the end the following new
section:
''Sec. 2410n. Construction contracts: requirement to obtain applicable
State licenses
''The Secretary of Defense shall require, in any contract entered
into by the Secretary for the construction of a public building,
facility, or work which is to be performed in a State that requires
persons performing the type of work to be performed under the contract
to be licensed, that the contractor be so licensed.''.
(B) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:

''2410n. Construction contracts: requirement to obtain applicable State
licenses.''.
(2) Civilian agency contracts.--Title III of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 251
et seq.) is amended by adding at the end the following new
section:

''SEC. 318. CONSTRUCTION CONTRACTS: REQUIREMENT TO OBTAIN APPLICABLE
STATE LICENSES.

''The head of an executive agency shall require, in any contract
entered into by the agency for the construction of a public building,
facility, or work which is to be performed in a State that requires
persons performing the type of work to be performed under the contract
to be licensed, that the contractor be so licensed.''.
(e) Requirement To Explain Hawaii Excise Tax in Federal Acquisition
Regulation.--The Federal Acquisition Regulation shall be revised to
contain provisions explaining the general excise tax law of the State
of Hawaii.
(f) Effective Date.--The amendments made by this Act shall apply
with respect to contracts entered into after the date of the enactment
of this Act.

SOLUTION: Fairness to Local Contractors Act - Amends the Federal Property and Administrative Services Act of 1949 and defense contract law to require a bidder or offeror, to be considered a responsible bidder or offeror for the construction of a public building, facility, or work, to submit a tax clearance (a document stating that such entity is in compliance with all State tax laws) from the State in which the contract is to be performed. Requires the head of a Federal or defense agency to withhold the final payment under such a contract until the contractor submits both a tax clearance and a certification of compliance with all State laws concerning payments to employees under a contract, including unemployment insurance, workers compensation, health insurance, and disability insurance.

Authorizes the head of a Federal or defense agency to: (1) withhold from any contractor payments amounts necessary to pay any State tax liability attributable to the contract; and (2) pay such amount directly to such State.

Directs the Secretary of Defense or agency head to require a contractor to be licensed if the State in which a construction contract is to be performed requires a license.

Requires revision of the Federal Acquisition Regulation to explain the general excise tax law of Hawaii.

PROBLEM: 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.''.

SOLUTION: 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.

PROBLEM: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ''Accelerating the
End of Breast Cancer Act of 2013''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Establishment.
Sec. 4. Purpose; duties.
Sec. 5. Membership.
Sec. 6. Powers.
Sec. 7. Chairperson; program managers.
Sec. 8. Coordination and nonduplication.
Sec. 9. Evaluation of the Commission.
Sec. 10. Authorization of funding.
Sec. 11. Termination.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) In the United States, the chance of a woman developing
breast cancer during her lifetime has increased from 1 in 11 in
1975 to 1 in 8 today.
(2) Worldwide, breast cancer is the most frequently
diagnosed cancer in women with 1,300,000 cases each year.
Breast cancer is also the leading cause of cancer death in
women, with more than 438,000 women dying from the disease
worldwide in 2010, a 37.5 percent increase since 1990.
(3) More than 90 percent of deaths from breast cancer are
caused by metastasis, which occurs when cancerous cells spread
to other organs or bone.
(4) The National Cancer Institute estimated that breast
cancer care in the United States cost $16,500,000,000 in 2010,
and cost the Nation $12,100,000,000 in lost productivity.
(5) Over the past 40 years, very little has improved the
incidence, morbidity, and mortality rates of breast cancer.
(6) In recognition of the complexity of breast cancer,
experts have identified the need to transform how research is
conducted by engaging investigators from many disciplines.
(7) Advances in understanding the progression of breast
cancer, particularly metastasis, have the potential to
translate to better understanding and preventing the spread of
other types of cancer.

SEC. 3. ESTABLISHMENT.

There shall be established a commission to be known as the
Commission to Accelerate the End of Breast Cancer (in this Act referred
to as the ''Commission'').

SEC. 4. PURPOSE; DUTIES.

(a) Purpose.--The purpose of the Commission shall be to help end
breast cancer by January 1, 2020.
(b) Duties.--
(1) In general.--The Commission shall identify, recommend,
and promote initiatives, partnerships, and research within the
public and private sectors, basic and applied sciences, and
epidemiology that can be turned into strategies to prevent
breast cancer and breast cancer metastasis.
(2) Priority.--The Commission shall give priority to
initiatives, partnerships, and research that are--
(A) not prioritized within the public sector; and
(B) unlikely to be achieved by the private sector
due to technical and financial uncertainty.
(c) Strategic Plan.--Not later than 6 months after the appointment
of the initial members of the Commission, the Commission shall submit
to the President and to the relevant authorizing and appropriations
committees of Congress, a description of the Commission's strategic
plan to advance the purpose described in subsection (a).
(d) Annual Report.--Not later than January 15, 2014, and annually
thereafter, the Commission shall submit an annual report to the
President, Congress, and the public--
(1) describing the Commission's activities under this
section, including its progress in achieving the purpose
described in subsection (a); and
(2) containing a full financial report, including a line
item report of the Commission's expenditures for the preceding
year.

SEC. 5. MEMBERSHIP.

(a) Number; Appointment.--The Commission shall be composed of not
more than 10 members who shall be appointed by the President, with the
advice and consent of the Senate, not later than 60 days after the date
of enactment of this Act, in accordance with this section.
(b) Representation.--
(1) In general.--Each member of the Commission shall be
appointed to represent one of the following 3 categories:
(A) Individuals who represent the interests of
varied disciplines within the biomedical research
field.
(B) Individuals who represent the relevant varied
disciplines outside of the biomedical research field.
(C) Patient advocates, including individuals who--
(i) represent a patient-led, patient-
centered organization with a patient
constituency either directly related to or
relevant to breast cancer; and
(ii) are trained, knowledgeable, and
prepared to participate in the decision-making
process of science and medicine.
(2) Representation of membership categories.--Of the
members of the Commission--
(A) at least 1, but not more than 3, shall be
appointed to represent the category described in
paragraph (1)(A);
(B) at least 1, but not more than 3, shall be
appointed to represent the category described in
paragraph (1)(B); and
(C) at least 2, but not more than 4, shall be
appointed to represent the category described in
paragraph (1)(C).
(c) Terms.--
(1) In general.--Each member of the Commission shall be
appointed for a term of 3 years and may be reappointed.
(2) Vacancies.--Any member of the Commission appointed to
fill a vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be appointed
only for the remainder of that term. A member may serve after
the expiration of that member's term until a successor has
taken office. A vacancy in the Commission shall be filled in
the manner in which the original appointment was made and shall
not affect the power of the remaining members to execute the
duties of the Commission.
(d) Quorum.--Three members of the Commission shall constitute a
quorum.

SEC. 6. POWERS.

The Commission shall have the following powers:
(1) Hearings and other activities.--For the purpose of
carrying out its duties, the Commission may hold such hearings
and undertake such other activities as the Commission
determines to be necessary to carry out its duties.
(2) Detail of federal employees.--Upon the request of the
Commission, the head of any Federal agency is authorized to
detail, without reimbursement, any of the personnel of such
agency to the Commission to assist the Commission in carrying
out its duties. Any such detail shall not interrupt or
otherwise affect the civil service status or privileges of the
Federal employee.
(3) Technical assistance.--Upon the request of the
Commission, the head of a Federal agency may provide such
technical assistance to the Commission as the Commission
determines to be necessary to carry out its duties.
(4) Use of mails.--The Commission may use the United States
mails in the same manner and under the same conditions as
Federal agencies.
(5) Obtaining information.--The Commission may secure
directly from any Federal agency information necessary to
enable it to carry out its duties, if the information may be
disclosed under section 552 of title 5, United States Code.
Upon request of the Chairperson of the Commission, the head of
such agency shall furnish such information to the Commission.
(6) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission on a reimbursable basis such
administrative support services as the Commission may request.

SEC. 7. CHAIRPERSON; PROGRAM MANAGERS.

(a) Chairperson.--
(1) Designation.--Of the members of the Commission
appointed under section 5(a), the President shall at the time
of the appointment, designate one such member to serve as the
Chairperson of the Commission.
(2) Responsibilities.--The responsibilities of the
Chairperson shall include--
(A) approving areas of study of the Commission
based on criteria including scientific and technical
merit, innovation, and impact;
(B) developing criteria (including benchmarks) for
assessing, and overseeing the assessment of, the
progress of areas of study of the Commission;
(C) terminating areas of study of the Commission
that are not achieving the purpose described in section
4(a);
(D) designating members of the Commission to act as
program managers as described in subsection (b); and
(E) appointing staff as necessary to aid in
carrying out the purpose described in section 4(a).
(b) Program Managers.--
(1) In general.--The Chairperson of the Commission may
designate members of the Commission who may act as program
managers to oversee one or more areas of study of the
Commission.
(2) Responsibilities.--A member designated under paragraph
(1) shall, with respect to one or more areas of study, be
responsible for the following:
(A) Recommending novel proposals, projects, and
collaborations based on scientific and technical merit
to achieve the purpose described in section 4(a) with a
focus on strategies for the primary prevention of
breast cancer, and methods to prevent breast cancer
metastasis. Program directors may--
(i) convene workshops and confer with
experts in both the public and private sector;
(ii) identify areas of study;
(iii) identify all areas where resources
could be leveraged; and
(iv) carry out other functions of the
Commission that are approved by the Chairperson
and that the Chairperson deems necessary to
carry out the purpose described in section
4(a).
(B) Working with relevant Federal agencies to
identify areas of concurrent interests in order to
maximize Federal investment and stimulate collaborative
projects.
(C) Monitoring the progress of areas of study and
recommend restructure or termination.

SEC. 8. COORDINATION AND NONDUPLICATION.

To the maximum extent practicable, the Commission shall ensure that
the activities of the Commission are coordinated with, and do not
duplicate the efforts of, programs and laboratories of other government
agencies.

SEC. 9. EVALUATION OF THE COMMISSION.

(a) In General.--The President shall enter into an agreement with
the Institute of Medicine of the National Academy of Sciences under
which the Institute, after the Commission has been in operation for 3
years, shall evaluate the Commission's progress towards achieving the
purpose described in section 4(a).
(b) Inclusions.--The evaluation under subsection (a) shall
include--
(1) a recommendation on whether the Commission should be
continued or terminated; and
(2) a description of lessons learned from operation of the
Commission.
(c) Availability.--On completion of the evaluation under subsection
(a), the Commission shall make the evaluation available to the Congress
and the public.

SEC. 10. AUTHORIZATION OF FUNDING.

(a) Authorization of Appropriations.--To carry out the purpose of
this Act, there are authorized to be appropriated--
(1) $8,000,000 for fiscal year 2013;
(2) $12,000,000 for each of fiscal years 2014 and 2015; and
(3) such sums as may be necessary for each fiscal year
thereafter until the Commission is terminated.
(b) Limitation.--None of the amounts appropriated for a fiscal year
under subsection (a) shall be used for the operation or construction of
any laboratories or pilot plants.

SEC. 11. TERMINATION.

The Commission shall terminate on June 1, 2020.

SOLUTION:
Accelerating the End of Breast Cancer Act of 2013 - Establishes the Commission to Accelerate the End of Breast Cancer to help end breast cancer by January 1, 2020. Directs the Commission to identify, recommend, and promote initiatives, partnerships, and research within the public and private sectors, basic and applied sciences, and epidemiology that can be turned into strategies to prevent breast cancer and breast cancer metastasis while giving priority to those that are: (1) not prioritized within the public sector, and (2) unlikely to be achieved by the private sector due to technical and financial uncertainty. Requires the Commission to: (1) submit within six months to the President and to the relevant congressional committees a description of the Commission's strategic plan; (2) submit an annual report to the President, Congress, and the public; and (3) ensure that its activities are coordinated with, and do not duplicate the efforts of, programs and laboratories of other government agencies. Directs the President to enter into an agreement with the Institute of Medicine to evaluate the Commission's progress. Terminates the Commission on June 1, 2020.