Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Trafficking of Pills Act'' or
the ``STOP Act''.

SEC. 2. MEDICAID RESTRICTED RECIPIENT PROGRAM.

    (a) In General.--Title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) is amended--
            (1) in section 1902(a)--
                    (A) by striking ``and'' at the end of paragraph
                (82);
                    (B) by striking the period at the end of paragraph
                (83) and inserting ``; and''; and
                    (C) by inserting after paragraph (83) the following
                new paragraph:
            ``(84) in accordance with section 1908B, provide for the
        development and implementation of a restricted recipient
        program for individuals identified as high-risk prescription
        drug users.''; and
            (2) by inserting after section 1908A the following new
        section:

  ``restricted recipient program for high-risk prescription drug users

    ``Sec. 1908B  (a) Identification of High-Risk Prescription Drug
Users.--
            ``(1) In general.--Subject to paragraph (2), the State
        shall establish and implement a program, subject to approval by
        the Secretary, to--
                    ``(A) identify any prescription drug that--
                            ``(i) may be dispensed on the prescription
                        of a physician to an individual eligible to
                        receive medical assistance under the State
                        Medicaid program; and
                            ``(ii) presents a high risk of misuse or
                        overutilization, as determined by the State;
                    ``(B) establish a dosage level for each
                prescription drug identified under subparagraph (A)
                that would be deemed excessive in the absence of
                evidence of medical necessity;
                    ``(C) using a percentile-based method or other such
                form of statistical analysis, identify individuals
                (referred to in this section as `individuals identified
                as high-risk prescription drug users') who are eligible
                for medical assistance under the State Medicaid program
                and--
                            ``(i) are receiving a prescription drug
                        that has been identified under subparagraph (A)
                        at a dosage level that has been determined to
                        be excessive pursuant to subparagraph (B); or
                            ``(ii) are determined by the State,
                        pursuant to the procedure established under
                        paragraph (3), to have been convicted of a
                        drug-related offense; and
                    ``(D) ensure that individuals identified as high-
                risk prescription drug users pursuant to subparagraph
                (C) are assigned to the restricted recipient program
                described in subsection (b).
            ``(2) Case review.--For purposes of paragraph (1), the
        State shall establish and implement procedures to ensure that
        an individual who has been identified as a high-risk
        prescription drug user and is subject to the requirements under
        the restricted recipient program--
                    ``(A) is provided with reasonable notice regarding
                their assignment to the program and a description of
                the requirements under such program;
                    ``(B) is permitted to file an appeal with the State
                agency and receive a hearing thereon to review whether
                the individual has been properly identified as a high-
                risk prescription drug user;
                    ``(C) for purposes of subsection (b)(1), is
                permitted to file a claim with the State agency in
                order to seek reassignment to a different physician or
                pharmacist; and
                    ``(D) has reasonable access to any prescription
                drug that is medically necessary and required to be
                dispensed on an emergency basis.
            ``(3) Drug-related offenses.--For purposes of paragraph
        (1)(C)(ii), the State shall establish and implement procedures
        to determine whether an individual, at the time of enrollment
        or re-enrollment in the State Medicaid program, has been
        convicted (under Federal or State law) of any offense which is
        classified as a felony by the law of the jurisdiction involved
        and which has as an element the unlawful possession,
        manufacture, distribution, or dispensing of a prescription drug
        (including opioids and similar pain-management prescription
        drugs).
    ``(b) Restricted Recipient Program.--
            ``(1) Medicaid lock-in program.--
                    ``(A) In general.--Subject to subparagraph (B), the
                State shall establish and implement a program (referred
                to in this section as the `Medicaid Lock-in Program')
                to ensure that any individual identified as a high-risk
                prescription drug user is--
                            ``(i) assigned to a single and exclusive
                        physician (as defined in section 1861(r)) for
                        purposes of receiving any medical assistance
                        that is related to a prescription drug; and
                            ``(ii) assigned to a single and exclusive
                        pharmacy for purposes of receiving any
                        prescription drug that has been prescribed by a
                        physician described in clause (i).
            ``(2) Medicaid prescription drug restriction program.--
                    ``(A) In general.--Subject to subparagraph (B), the
                State, in conjunction with the Secretary, shall
                establish and implement a program to ensure that the
                claims processing system for the State does not permit
                a prescription drug to be dispensed by a provider to an
                individual identified as a high-risk prescription drug
                user if the same prescription drug has been dispensed
                to such individual within the previous 20 days.
                    ``(B) Exceptions.--
                            ``(i) Increased dosage.--For purposes of
                        subparagraph (A), the restrictions described in
                        such subparagraph shall not apply to an
                        individual identified as a high-risk
                        prescription drug user--
                                    ``(I) if the current prescription
                                is for an increased dosage of the
                                prescription drug and has been issued
                                by the same physician that issued the
                                previous prescription; or
                                    ``(II) in such other circumstances
                                as determined by the Secretary.
                            ``(ii) Procedural development.--The State,
                        in conjunction with the Secretary, shall
                        develop adequate procedures to ensure that
                        prescriptions described in clause (i) are not
                        affected by the restrictions described in
                        subparagraph (A) and are permitted to be
                        dispensed by a provider to an individual
                        identified as a high-risk prescription drug
                        user.
    ``(c) Existing State Programs.--
            ``(1) In general.--Subject to paragraphs (2) and (3), as
        well as any procedures as are determined appropriate by the
        Secretary, a restricted recipient program that has been
        established by a State prior to the date of enactment of the
        Stop Trafficking of Pills Act may be reviewed and certified by
        the Secretary as being in accordance with the requirements
        under this section for purposes of section 1902(a)(84).
            ``(2) Program improvement.--For purposes of paragraph (1),
        if the Secretary does not certify an existing State restricted
        recipient program as being in accordance with the requirements
        under this section, the Secretary shall identify any necessary
        enhancements or additional developments that are required in
        order for such program to be deemed in accordance with such
        requirements.
            ``(3) Drug-related offenses.--For purposes of paragraph
        (1), an existing State restricted recipient program shall be
        required to include procedures described in subsection (a)(3)
        for the identification and inclusion of individuals convicted
        of a drug-related offense.
    ``(d) Administrative Expenses.--Subject to such requirements as are
determined appropriate by the Secretary, for purposes of section
1903(a)(7), any amounts expended by the State to develop and implement
a restricted recipient program for individuals identified as high-risk
prescription drug users under this section, including any necessary
enhancements or additional developments identified under subsection
(c)(2), shall be considered amounts expended as necessary for the
proper and efficient administration of the State Medicaid plan.
    ``(e) Definitions.--For purposes of this section:
            ``(1) State medicaid program.--The term `State Medicaid
        program' means the State program for medical assistance
        provided under a State plan under this title, including any
        waiver approved with respect to such State plan.
            ``(2) Prescription drug.--The term `prescription drug'
        means a drug subject to section 503(b)(1) of the Federal Food,
        Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).''.
    (b) Withholding of Payment.--Section 1903(i) of the Social Security
Act (42 U.S.C. 1396b(i)), as amended by section 2001(a)(2)(B) of the
Patient Protection and Affordable Care Act (Public Law 111-148), is
amended--
            (1) in paragraph (25), by striking ``or'' at the end;
            (2) in paragraph (26), by striking the period and inserting
        ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(27) with respect to amounts expended for medical
        assistance for any prescription drug dispensed to an individual
        identified as a high-risk prescription drug user (as described
        in section 1908B(a)(1)(C)), unless the requirements under
        section 1908B are met.''.

SEC. 3. MEDICARE RESTRICTED RECIPIENT PROGRAM.

    Part D of title XVIII of the Social Security Act (U.S.C. 1395w-101
et seq.) is amended by adding at the end the following new section:

  ``restricted recipient program for high-risk prescription drug users

    ``Sec. 1860D-44  (a) Identification of High-Risk Prescription Drug
Users.--
            ``(1) In general.--Subject to paragraph (2), the Secretary
        shall establish and implement a program to--
                    ``(A) identify any prescription drug that--
                            ``(i) may be dispensed on the prescription
                        of a physician to an individual enrolled in a
                        prescription drug plan under this part; and
                            ``(ii) presents a high risk of misuse or
                        overutilization, as determined by the
                        Secretary;
                    ``(B) establish a dosage level for each
                prescription drug identified under subparagraph (A)
                that would be deemed excessive in the absence of
                evidence of medical necessity;
                    ``(C) using a percentile-based method or other such
                form of statistical analysis, identify individuals
                (referred to in this section as `individuals identified
                as high-risk prescription drug users') who are enrolled
                in a prescription drug plan under this part; and
                            ``(i) are receiving a prescription drug
                        that has been identified under subparagraph (A)
                        at a dosage level that has been determined to
                        be excessive pursuant to subparagraph (B); or
                            ``(ii) are determined by the Secretary,
                        pursuant to the procedure established under
                        paragraph (3), to have been convicted of a
                        drug-related offense; and
                    ``(D) ensure that individuals identified as high-
                risk prescription drug users pursuant to subparagraph
                (C) are assigned to the restricted recipient program
                described in subsection (b).
            ``(2) Case review.--For purposes of paragraph (1), the
        Secretary shall establish and implement procedures to ensure
        that an individual who has been identified as a high-risk
        prescription drug user and is subject to the requirements under
        the restricted recipient program--
                    ``(A) is provided with reasonable notice regarding
                their assignment to the program and a description of
                the requirements under such program;
                    ``(B) is permitted to file an appeal and receive a
                hearing thereon to review whether the individual has
                been properly identified as a high-risk prescription
                drug user; and
                    ``(C) has reasonable access to any prescription
                drug that is medically necessary and required to be
                dispensed on an emergency basis.
            ``(3) Drug-related offense.--For purposes of paragraph
        (1)(C)(ii), the Secretary shall establish and implement
        procedures to determine whether an individual, at the time of
        enrollment or re-enrollment in a prescription drug plan under
        this part, has been convicted (under Federal or State law) of
        any offense which is classified as a felony by the law of the
        jurisdiction involved and which has as an element the unlawful
        possession, manufacture, distribution, or dispensing of a
        prescription drug (including opioids and similar prescription
        pain-management drugs).
    ``(b) Prescription Drug Restriction Program.--The Secretary shall
establish policies and procedures to ensure that the provisions
described in section 1908B(b)(3) are applied to any individual
identified, pursuant to subsection (a)(1), as a high-risk prescription
drug user in a similar manner as such provisions are applied to such
individuals for purposes of title XIX.''.

SEC. 4. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the
amendments made by this section shall take effect 120 days after the
date of enactment of this Act.
    (b) Extension of Effective Date for State Law Amendment.--In the
case of a State plan under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) which the Secretary determines requires State
legislation in order for the plan to meet the additional requirements
imposed by the amendments made by this section, the State plan shall
not be regarded as failing to comply with the requirements of the
amendments made by this section solely on the basis of its failure to
meet such additional requirements before the first day of the first
calendar quarter beginning after the close of the first regular session
of the State legislature that begins after the date of the enactment of
this Act. For purposes of the previous sentence, in the case of a State
that has a 2-year legislative session, each year of the session is
considered to be a separate regular session of the State legislature.

Output:
Stop Trafficking of Pills Act or STOP Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require state Medicaid plans to: (1) identify prescription drugs that present a high-risk of misuse or overutilization, (2) establish a dosage level for each such drug that would be deemed excessive in the absence of evidence of medical necessity, (3) identify Medicaid-eligible individuals who are either receiving a prescription drug at excessive dosage levels or who have been convicted of a drug-related offense, and (4) ensure that they are assigned to a state-established restricted recipient program.

Requires a state to establish a Medicaid Lock-in Program to ensure that a high-risk prescription drug user is assigned to: (1) a single and exclusive physician for purposes of receiving any medical assistance related to a prescription drug, and (2) a single and exclusive pharmacy to receive any physician-prescribed drug.

Requires a state to establish a Medicaid prescription drug restriction program to ensure that the state claims processing system does not permit a prescription drug to be dispensed to a high-risk prescription drug user more than once every 20 days.

Amends part D (Miscellaneous) of SSA title XXVIII (Medicare) to direct the Secretary of Health and Human Services (HHS) to establish a similar restricted recipient program for high-risk prescription drug users under the Medicare program.


Input:
SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Federally Impacted
School Improvement Act''.
    (b) Findings.--Congress makes the following findings:
            (1) In 1950 Congress recognized its obligation, through the
        passage of Public Law 81-815, to provide school construction
        funding for local educational agencies impacted by the presence
        of Federal activities.
            (2) The conditions of federally impacted school facilities
        providing educational programs to children in areas where the
        Federal Government is present have deteriorated to such an
        extent that the health and safety of the children served by
        such agencies is being compromised, and the school conditions
        have not kept pace with the increase in student population
        causing classrooms to become severely overcrowded and children
        to be educated in trailers.
            (3) Local educational agencies in areas where there exists
        a significant Federal presence have little if any capacity to
        raise local funds for purposes of capital construction,
        renovation and repair due to the nontaxable status of Federal
        land.
            (4) The need for renewed support by the Federal Government
        to help federally connected local educational agencies
        modernize their school facilities is far greater in 2000 than
        at any time since 1950.
            (5) Federally connected local educational agencies and the
        communities the agencies serve are willing to commit local
        resources when available to modernize and replace existing
        facilities, but do not always have the resources available to
        meet their total facility needs due to the nontaxable presence
        of the Federal Government.
            (6) Due to the conditions described in paragraphs (1)
        through (5) there is in 1999, as there was in 1950, a need for
        Congress to renew its obligation to assist federally connected
        local educational agencies with their facility needs.
    (c) Purpose.--The purpose of this Act is to provide matching grants
to local educational agencies for the modernization of minimum school
facilities that are urgently needed because--
            (1) the existing school facilities of the agency are in
        such disrepair that the health and safety of the students
        served by the agency is threatened; and
            (2) increased enrollment results in a need for additional
        classroom space.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Modernization.--The term ``modernization'' means the
        repair, renovation, alteration, or construction of a facility,
        including--
                    (A) the concurrent installation of equipment; and
                    (B) the complete or partial replacement of an
                existing facility, but only if such replacement is less
                expensive and more cost-effective than repair,
                renovation, or alteration of the facility.
            (2) Facility.--The term ``facility'' means a public
        structure suitable for use as a classroom, laboratory, library,
        media center, or related facility, the primary purpose of which
        is the instruction of public elementary school or secondary
        school students.
            (3) Local educational agency.--The term ``local educational
        agency'' has the meaning given the term in section 14101 of the
        Elementary and Secondary Education Act of 1965.
            (4) Secretary.--The term ``Secretary'' means--
                    (A) with respect to funds made available under
                paragraph (1) or (3) of section 4(a) for grants under
                section 6 or 8, respectively, the Secretary of
                Education; and
                    (B) with respect to funds made available under
                paragraph (2) of section (4)(a) for grants under
                section 6, the Secretary of Defense.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the
Department of Education to carry out this Act $50,000,000 for fiscal
year 2001 and such sums as may be necessary for each of the 4
succeeding fiscal years.
    (b) Prohibition.--None of the funds authorized to be appropriated
under subsection (a) shall be available to a local educational agency
to pay the cost of administration of the activities assisted under this
Act.

SEC. 4. FEDERAL DISTRIBUTION OF FUNDING.

    (a) In General.--From amounts appropriated under section 3(a) for a
fiscal year the Secretary of Education--
            (1) shall use 45 percent to award grants under section 6 to
        local educational agencies--
                    (A) that are eligible for assistance under section
                8002(a) of the Elementary and Secondary Education Act
                of 1965; and
                    (B) for which the number of children determined
                under section 8003(a)(1)(C) of the Elementary and
                Secondary Education Act of 1965 constitutes at least 25
                percent of the number of children who were in average
                daily attendance in the schools of such local
                educational agency during the school year preceding the
                school year for which the determination is made;
            (2) shall make available to the Secretary of Defense 45
        percent to enable the Secretary of Defense to award grants
        under section 6 to local educational agencies for which the
        number of children determined under subparagraphs (A), (B), and
        (D) of section 8003(a)(1) of the Elementary and Secondary
        Education Act of 1965 constitutes at least 25 percent of the
        number of children who were in average daily attendance in the
        schools of such local educational agency during the school year
        preceding the school year for which the determination is made;
        and
            (3) shall use 10 percent to award grants under section 8.
    (b) Department of Defense Funding.--
            (1) In general.--Not later than 30 days after the date the
        Secretary of Education receives funds appropriated under
        section 3(a) for a fiscal year, the Secretary of Education
        shall make available to the Secretary of Defense from such
        funds the portion of such funds described in subsection (a)(2)
        for the fiscal year. The Secretary of Defense shall use the
        portion to award grants under section 6 through the Office of
        Economic Adjustment of the Department of Defense.
            (2) Limitations.--
                    (A) Administrative expenses.--No funds made
                available under subsection (a)(2) shall be used by the
                Secretary of Defense to pay the costs of administration
                of the activities assisted under this Act.
                    (B) Special rate.--No funds made available under
                subsection (a)(2) shall be used to replace Federal
                funds provided to enhance the quality of life of
                dependents of members of the Armed Forces as determined
                by the Secretary of Defense.

SEC. 5. ELIGIBILITY REQUIREMENTS.

    (a) In General.--A local educational agency shall be eligible to
receive funds under this Act if--
            (1) the local educational agency is described in paragraph
        (1) or (2) of section 4(a); and
            (2) the local educational agency--
                    (A) received a payment under section 8002 of the
                Elementary and Secondary Education Act of 1965 during
                the fiscal year preceding the fiscal year for which the
                determination is made, and the assessed value of
                taxable property per student in the school district of
                the local educational agency is less than the average
                of the assessed value of taxable property per student
                in the State in which the local educational agency is
                located; or
                    (B) received a basic payment under section 8003(b)
                of the Elementary and Secondary Education Act of 1965
                during the fiscal year preceding the fiscal year for
                which the determination is made, and for which the
                number of children determined under subparagraphs (A),
                (B), (C), and (D) of section 8003(a)(1) of the
                Elementary and Secondary Education Act of 1965
                constituted at least 25 percent of the number of
                children who were in average daily attendance in the
                schools of such local educational agency during the
                school year preceding the school year for which the
                determination is made.
    (b) Special Rule.--Any local educational agency described in
subsection (a)(2)(B) may apply for funds under this section for the
modernization of a facility located on Federal property (as defined in
section 8013 of the Elementary and Secondary Education Act of 1965)
only if the Secretary determines that the number of children determined
under section 8003(a)(1) of the Elementary and Secondary Education Act
of 1965 who were in average daily attendance in such facility
constituted at least 50 percent of the number of children who were in
average daily attendance in the facilities of the local educational
agency during the school year preceding the school year for which the
determination is made.

SEC. 6. BASIC GRANTS.

    (a) Award Basis.--From the amounts made available under paragraphs
(1) and (2) of section 4(a) the Secretary shall award grants to local
educational agencies on such basis as the Secretary determines
appropriate, including--
            (1) in the case of a local educational agency described in
        section 5(a)(2)(A), a high percentage of the property in the
        school district of the local educational agency is nontaxable
        due to the presence of the Federal Government;
            (2) in the case of a local educational agency described in
        section 5(a)(2)(B), a high number or percentage of children
        determined under subparagraphs (A), (B), (C), and (D) of
        section 8003(a)(1) of the Elementary and Secondary Education
        Act of 1965;
            (3) the extent to which the local educational agency lacks
        the fiscal capacity, including the ability to raise funds
through the full use of the local educational agency's bonding capacity
and otherwise, to undertake the modernization project without Federal
assistance;
            (4) the need for modernization to meet--
                    (A) the threat the condition of the facility poses
                to the safety and well-being of students;
                    (B) the requirements of the Americans with
                Disabilities Act of 1990;
                    (C) the costs associated with asbestos removal,
                energy conservation, and technology upgrading; and
                    (D) overcrowding conditions as evidenced by the use
                of trailers and portable buildings and the potential
                for future overcrowding because of increased
                enrollment;
            (5) the facility needs of the local educational agency
        resulting from the acquisition or construction of military
        family housing under subchapter IV of chapter 169 of title 10,
        United States Code, and other actions of the Federal Government
        that cause an adverse impact on the facility needs of the local
        educational agency; and
            (6) the age of the facility to be modernized regardless of
        whether the facility was originally constructed with funds
        authorized under Public Law 81-815.
    (b) Grant Amount.--In determining the amount of a grant the
Secretary shall--
            (1) consider the relative costs of the modernization;
            (2) determine the cost of a project based on the local
        prevailing cost of the project;
            (3) require that the Federal share of the cost of the
        project shall not exceed 50 percent of the total cost of the
        project;
            (4) not provide a grant in an amount greater than
        $3,000,000 over any 5-year period; and
            (5) take into consideration the amount of cash available to
        the local educational agency.
    (c) Administration of Grants.--In awarding grants under this
section the Secretary shall--
            (1) establish by regulation the date by which all
        applications are to be received;
            (2) consider in-kind contributions when calculating the 50
        percent matching funds requirement described in subsection
        (b)(3); and
            (3) subject all applications to a review process.
    (d) Section 8007 Funding.--In awarding grants under this section,
the Secretary shall not take into consideration any funds received
under section 8007 of the Elementary and Secondary Education Act of
1965.

SEC. 7. APPLICATIONS REQUIRED.

    (a) In General.--Each local educational agency desiring a grant
under this Act shall submit an application to the Secretary.
    (b) Contents.--Each application shall contain--
            (1) a listing of the school facilities to be modernized,
        including the number and percentage of children determined
        under section 8003(a)(1) of the Elementary and Secondary
        Education Act of 1965 in average daily attendance in each
        facility;
            (2) a description of the ownership of the property on which
        the current facility is located or on which the planned
        facility will be located;
            (3) a description of each architectural, civil, structural,
        mechanical, or electrical deficiency to be corrected with funds
        provided under this Act, including the priority for the repair
        of the deficiency;
            (4) a description of any facility deficiency that poses a
        health or safety hazard to the occupants of the facility and a
        description of how that deficiency will be repaired;
            (5) a description of the criteria used by the local
        educational agency to determine the type of corrective action
        necessary to meet the purposes of this Act;
            (6) a description of the modernization to be supported with
        funds provided under this Act;
            (7) a cost estimate of the proposed modernization;
            (8) an identification of other resources (such as unused
        bonding capacity), if applicable, that are available to carry
        out the modernization, and an assurance that such resources
        will be used for the modernization;
            (9) a description of how activities assisted with funds
        provided under this Act will promote energy conservation; and
            (10) such other information and assurances as the Secretary
        may reasonably require.
    (c) Continuing Consideration.--A local educational agency that
applies for assistance under this Act (other than section 8) for any
fiscal year and does not receive the assistance shall have the
application for the assistance considered for the following 5 fiscal
years.

SEC. 8. EMERGENCY GRANTS.

    (a) Waiver of Matching Requirement.--From the amount made available
under section 4(a)(3) the Secretary shall award grants to any local
educational agency for which the number of children determined under
section 8003(a)(1)(C) constituted at least 50 percent of the number of
children who were in average daily attendance in the schools of such
agency during the school year preceding the school year for which the
determination is made, if the Secretary determines a facility emergency
exists that poses a health or safety hazard to the students and school
personnel assigned to the facility.
    (b) Certification of Emergency.--In addition to meeting the
requirements of section 7, a local educational agency desiring funds
under this section shall include in the application submitted under
section 7 a signed statement from a State official certifying that a
health or safety deficiency exists.
    (c) Grant Amount; Prioritization Rules; Continuing Consideration.--
            (1) Grant amount.--In determining the amount of grant
        awards under this section, the Secretary shall make every
        effort to fully meet the facility needs of the local
        educational agencies applying for funds under this section.
            (2) Prioritization rule.--If the Secretary receives more
        than 1 application under this section for any fiscal year, the
        Secretary shall prioritize the applications based on when an
        application was received and the severity of the emergency as
        determined by the Secretary.
            (3) Continuing consideration.--A local educational agency
        that applies for assistance under this section for any fiscal
        year and does not receive the assistance shall have the
        application for the assistance considered for the following
        fiscal year, subject to the prioritization requirement
        described in paragraph (2).

SEC. 9. REQUIREMENTS.

    (a) Maintenance of Effort.--A local educational agency may receive
a grant under this Act for any fiscal year only if the Secretary finds
that either the combined fiscal effort per student or the aggregate
expenditures of that agency and the State with respect to the provision
of free public education by such local educational agency for the
preceding fiscal year was not less than 90 percent of such combined
fiscal effort or aggregate expenditures for the fiscal year for which
the determination is made.
    (b) Supplement Not Supplant.--An eligible local educational agency
shall use funds received under this subsection only to supplement the
amount of funds that would, in the absence of such Federal funds, be
made available from non-Federal sources for the modernization of school
facilities used for educational purposes, and not to supplant such
funds.

SEC. 10. GENERAL LIMITATIONS.

    (a) Real Property.--No part of any grant funds awarded under this
Act shall be used for the acquisition of any interest in real property.
    (b) Maintenance.--Nothing in this Act shall be construed to
authorize the payment of maintenance costs in connection with any
facilities modernized in whole or in part with Federal funds provided
under this Act.
    (c) Environmental Safeguards.--All projects carried out with
Federal funds provided under this Act shall comply with all relevant
Federal, State, and local environmental laws and regulations.
    (d) Athletic and Similar Facilities.--No funds received under this
Act shall be used for outdoor stadiums or other facilities that are
primarily used for athletic contests or exhibitions, or other events,
for which admission is charged to the general public.

Output:
Federally Impacted School Improvement Act - Provides matching grants to local educational agencies (LEAs) for construction, renovation, and repair of school facilities in areas affected by Federal activities.
Authorizes appropriations.
Directs the Secretary of Education to distribute such funds as follows: (1) 45 percent for basic matching grants to LEAs eligible for impact aid assistance as serving children from Indian lands, if the number of such children is at least 25 percent of the total number in attendance; (2) 45 percent to the Secretary of Defense for basic matching grants to LEAs serving children from military bases, if the number of such children is at least 25 percent of the total number in attendance; and (3) ten percent for emergency non-matching grants in cases of health or safety hazards at facilities of LEAs which have a number of impact aid eligible children equal to at least 50 percent of their total attendance.
Sets forth requirements for: (1) LEA eligibility; (2) basic grant awards and amount limits; (3) applications; and (4) emergency grant certifications, amounts, and priorities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Pension Forfeiture Act
of 1997''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) Members of Congress pledge to uphold the Constitution
        and the laws of the United States;
            (2) Members of Congress are elected to serve in the public
        trust and pledge to uphold the public trust;
            (3) a breach of the public trust by a Member of Congress is
        a serious offense that should have serious consequences; and
            (4) taxpayers should not pay for the retirement benefits of
        Members of Congress who have breached the public trust.

SEC. 3. FORFEITURE.

    (a) Civil Service Retirement System.--Section 8332 of title 5,
United States Code, is amended by adding at the end the following:
    ``(o)(1) Notwithstanding any other provision of this subchapter,
the service of an individual convicted of an offense described in
paragraph (2) shall not, if or to the extent rendered as a Member
(irrespective of when rendered), be taken into account for purposes of
this subchapter. Any such individual (or other person determined under
section 8342(c), if applicable) shall be entitled to be paid so much of
such individual's lump-sum credit as is attributable to service to
which the preceding sentence applies.
    ``(2)(A) An offense described in this paragraph is any offense
described in subparagraph (B) for which the following apply:
            ``(i) The offense is committed by the individual (referred
        to in paragraph (1)) while a Member.
            ``(ii) The conduct on which the offense is based is
        directly related to the individual's service as a Member.
            ``(iii) The offense is committed during the One Hundred
        Sixth Congress or later.
    ``(B) The offenses described in this subparagraph are as follows:
            ``(i) An offense within the purview of--
                    ``(I) section 201 of title 18 (bribery of public
                officials and witnesses);
                    ``(II) section 203 of title 18 (compensation to
                Members of Congress, officers, and others in matters
                affecting the Government);
                    ``(III) section 204 of title 18 (practice in United
                States Court of Federal Claims or the United States
                Court of Appeals for the Federal Circuit by Members of
                Congress);
                    ``(IV) section 219 of title 18 (officers and
                employees acting as agents of foreign principals);
                    ``(V) section 286 of title 18 (conspiracy to
                defraud the Government with respect to claims);
                    ``(VI) section 287 of title 18 (false, fictitious,
                or fraudulent claims);
                    ``(VII) section 371 of title 18 (conspiracy to
                commit offense or to defraud the United States);
                    ``(VIII) section 597 of title 18 (expenditures to
                influence voting);
                    ``(IX) section 599 of title 18 (promise of
                appointment by candidate);
                    ``(X) section 602 of title 18 (solicitation of
                political contributions);
                    ``(XI) section 606 of title 18 (intimidation to
                secure political contributions);
                    ``(XII) section 607 of title 18 (place of
                solicitation);
                    ``(XIII) section 641 of title 18 (public money,
                property or records);
                    ``(XIV) section 1001 of title 18 (statements or
                entries generally);
                    ``(XV) section 1341 of title 18 (frauds and
                swindles);
                    ``(XVI) section 1343 of title 18 (fraud by wire,
                radio, or television);
                    ``(XVII) section 1503 of title 18 (influencing or
                injuring officer or juror);
                    ``(XVIII) section 1951 of title 18 (interference
                with commerce by threats or violence);
                    ``(XIX) section 1952 of title 18 (interstate and
                foreign travel or transportation in aid of racketeering
                enterprises);
                    ``(XX) section 1962 of title 18 (prohibited
                activities); or
                    ``(XXI) section 7201 of the Internal Revenue Code
                of 1986 (attempt to evade or defeat tax).
            ``(ii) Perjury committed under the statutes of the United
        States in falsely denying the commission of an act which
        constitutes an offense within the purview of a statute named by
        clause (i).
            ``(iii) Subornation of perjury committed in connection with
        the false denial of another individual as specified by clause
        (ii).
    ``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the conviction, be eligible to
participate in the retirement system under this subchapter while
serving as a Member.
    ``(4) Except as provided in paragraph (5), the Office shall
prescribe such regulations as may be necessary to carry out this
subsection, including provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be limited in
a manner similar to that specified in the last sentence of section
8316(b).
    ``(5) The Executive Director (within the meaning of section
8401(13)) shall prescribe such regulations as may be necessary to carry
out the purposes of this subsection with respect to the Thrift Savings
Plan. Regulations under this paragraph shall include provisions
requiring the return of all vested amounts.
    ``(6) Nothing in this subsection shall restrict any authority under
subchapter II or any other provision of law to deny or withhold
benefits authorized by statute.
    ``(7) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8331(2).''.
    (b) Federal Employees' Retirement System.--Section 8411 of title 5,
United States Code, is amended by adding at the end the following:
    ``(i)(1) Notwithstanding any other provision of this chapter, the
service of an individual convicted of an offense described in paragraph
(2) shall not, if or to the extent rendered as a Member (irrespective
of when rendered), be taken into account for purposes of this chapter.
Any such individual (or other person determined under section 8424(d),
if applicable) shall be entitled to be paid so much of such
individual's lump-sum credit as is attributable to service to which the
preceding sentence applies.
    ``(2) An offense described in this paragraph is any offense
described in section 8332(o)(2)(B) for which the following apply:
            ``(A) The offense is committed by the individual (referred
        to in paragraph (1)) while a Member.
            ``(B) The conduct on which the offense is based is directly
        related to the individual's service as a Member.
            ``(C) The offense is committed during the One Hundred Sixth
        Congress or later.
    ``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the conviction, be eligible to
participate in the retirement system under this chapter while serving
as a Member.
    ``(4) Except as provided in paragraph (5), the Office shall
prescribe such regulations as may be necessary to carry out this
subsection, including provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be limited in
a manner similar to that specified in the last sentence of section
8316(b).
    ``(5) The Executive Director shall prescribe such regulations as
may be necessary to carry out the purposes of this subsection with
respect to the Thrift Savings Plan. Regulations under this paragraph
shall include provisions requiring the return of all vested amounts.
    ``(6) Nothing in this subsection shall restrict any authority under
subchapter II of chapter 83 or any other provision of law to deny or
withhold benefits authorized by statute.
    ``(7) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8401(20).''.

Output: Congressional Pension Forfeiture Act of 1997 - Amends Federal law to provide that any service as a Member of Congress of an individual convicted of one of specified offenses committed while a Member and directly related to the individual's service during the 106th Congress or later shall not be taken into account as creditable service for purposes of annuity or retirement provisions.  Includes among such offenses:  (1) bribery of public officials; (2) conspiracy to defraud the Government with respect to claims; (3) making or receiving expenditures to influence voting; (4) acting as an agent of a foreign principal; (5) frauds and swindles; and (6) tax evasion.  Entitles such individual (or his or her beneficiary or estate, if applicable) to be paid so much of such individual's lump-sum credit as is attributable to such service.  Prohibits:  (1) the individual, while serving as a Member after the date of the conviction, from being eligible to participate in the Civil Service Retirement System or the Federal Employees Retirement System; and (2) interest from being computed on such lump-sum payment for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Influenza Vaccine Emergency Act''.

SEC. 2. EMERGENCY DISTRIBUTIONS OF INFLUENZA VACCINE.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 319K the following
section:

``SEC. 319L. EMERGENCY AUTHORITIES REGARDING SUPPLY OF INFLUENZA
              VACCINE.

    ``(a) Contingency Clauses in Sales Contracts.--In entering into a
contract for the sale of influenza vaccine in interstate commerce, a
manufacturer or distributor of such vaccine shall include in the
contract a provision in writing expressing the policy that the sale to
the purchaser under the contract is subject to the following
conditions:
            ``(1) If the Secretary publishes in the Federal Register a
        declaration that there is a public health emergency by reason
        of a shortage of influenza vaccine, the Secretary has the
        authority, in lieu of such purchaser, to take title to such
        quantities of the vaccine as the Secretary determines to be
        necessary for purposes of the public health, subject to
        subsection (c)(2).
            ``(2) If by reason of the Secretary using the authority
        under paragraph (1) the purchaser does not receive, or loses
        possession of, a quantity of influenza vaccine for which the
        purchaser has made payment, the manufacturer or distributor (as
        the case may be) will provide to the purchaser a refund for
        such quantity.
    ``(b) Compensation.--In the case of a contract for the sale of
influenza vaccine with respect to which the Secretary uses the
authority referred to in subsection (a)(1), the Secretary shall pay to
the manufacturer or distributor involved the same amount as, under the
contract, the manufacturer or distributor received or would have
received for the quantity of vaccine involved.
    ``(c) Agency Procedures.--With respect to the influenza season
involved:
            ``(1) If the Secretary makes an emergency declaration under
        subsection (a)(1), the Secretary shall determine the extent of
        compliance with guidelines for the distribution of influenza
        vaccine that have been established by the Secretary.
            ``(2) The Secretary may not use the authority referred to
        in subsection (a)(1) with respect to any contract unless the
        Secretary has published in the Federal Register, not earlier
        than 30 days after making the emergency declaration under such
        subsection, a determination that the extent of compliance with
        such guidelines has not been sufficient to constitute an
        adequate response to the emergency.
    ``(d) Distribution of Vaccine.--If the Secretary meets the
condition described in subsection (c)(2) for the use of the authority
referred to in subsection (a)(1):
            ``(1) The Secretary may, in lieu of such authority, order
        any manufacturer or distributor of influenza vaccine to honor
        its contracts with States or political subdivisions of States
        for the sale of such vaccine, in any case in which the
        manufacturer or distributor has conflicting obligations under
        its contracts for sale of the vaccine.
            ``(2) Any influenza vaccine to which the Secretary takes
        title under subsection (a)(1) shall be provided--
                    ``(A) to States and political subdivisions of
                States in accordance with the immunization program
                under section 317(j); and
                    ``(B) to such other public or private entities as
                the Secretary determines to be appropriate as a
                response to the emergency involved.
    ``(e) Rules of Construction.--
            ``(1) Emergency declaration.--The Secretary shall be
        considered to have made an emergency declaration under
        subsection (a)(1) if the Secretary publishes in the Federal
        Register a declaration described in such subsection.
            ``(2) Emergency shortage.--
                    ``(A) Overall quantity vs. delivery waiting time.--
                Without regard to whether the Secretary considers as
                adequate the total quantity of influenza vaccine that
                has been or is being manufactured for the influenza
                season involved, the Secretary may make an emergency
                declaration under subsection (a)(1) if the Secretary
                determines that the delivery waiting time for States or
                political subdivisions of States to receive the vaccine
                for the season is a period whose duration constitutes a
                significant threat to children, adolescents, or adults
                who are served by the immunization program under
                section 317(j).
                    ``(B) Delivery waiting time.--A delivery waiting
                time under subparagraph (A) for a State or political
                subdivision of a State to receive influenza vaccine is
                the time elapsing between the date on which the State
                or subdivision enters into a contract to purchase such
                vaccine and the date on which the State or subdivision
                (or other entity designated under the contract) takes
                custody of the vaccine, less any period in which
                payment is due under the contract and the State or
                subdivision has not made payment, or in which the State
                or subdivision otherwise is in significant violation of
                the contract.
    ``(f) Definitions.--For purposes of this subsection, the terms
`influenza season' and `influenza vaccine' have the meanings given such
terms by the Secretary.''.

Output:
Influenza Vaccine Emergency Act - Amends the Public Health Service Act to require influenza vaccine manufacturers to include a provision in any contract for the sale of the vaccine in interstate commerce expressing the policy that the Secretary of Health and Human Services has the authority to take title to necessary quantities of the vaccine if the Secretary declares a public health emergency by reason of an influenza vaccine shortage, and that the manufacturer will reimburse the purchaser for any vaccine not received. Requires the Secretary to pay the manufacturer or distributor the price the manufacturer or distributor would have received for any vaccine taken.

Requires the Secretary to determine the extent of compliance with vaccine distribution guidelines and, before using the authority to take the vaccine, to publish notice that such compliance has not been an adequate response to the emergency. Allows the Secretary, in lieu of taking title to a vaccine, to order any vaccine manufacturer or distributor to honor its contracts with states or political subdivisions. Requires the Secretary to provide any influenza vaccine to states, political subdivisions, and such other public or private entities as appropriate as a response to the emergency. Allows the Secretary to make an emergency declaration if the delivery waiting time for states or political subdivisions to receive the vaccine constitutes a significant threat to children, adolescents, or adults.


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

    (a) Short Title.--This Act may be cited as the ``Upper Mississippi
River Basin Protection Act''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Reliance on scientific knowledge.
           TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK

Sec. 101. Establishment of monitoring network.
Sec. 102. Data collection and storage responsibilities.
Sec. 103. Relationship to existing sediment and nutrient monitoring and
                            assessment.
Sec. 104. Collaboration with other public and private monitoring
                            efforts.
Sec. 105. Reporting requirements.
Sec. 106. National research council assessment.
                TITLE II--COMPUTER MODELING AND RESEARCH

Sec. 201. Computer modeling and research of sediment and nutrient
                            sources.
Sec. 202. Communication plan to distribute information.
Sec. 203. Reporting requirements.
     TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS

Sec. 301. Authorization of appropriations.
Sec. 302. Cost-sharing requirements.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The terms ``Upper Mississippi River Basin'' and
        ``Basin'' mean the watershed portion of the Upper Mississippi
        River and Illinois River basins, from Cairo, Illinois, to the
        headwaters of the Mississippi River, in the States of
        Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The
        designation includes the Kaskaskia watershed along the Illinois
        River and the Meramec watershed along the Missouri River.
            (2) The terms ``Upper Mississippi River Stewardship
        Initiative'' and ``Initiative'' mean the activities authorized
        or required by this Act to monitor nutrients and sediment in
        the Upper Mississippi River Basin.

SEC. 3. RELIANCE ON SCIENTIFIC KNOWLEDGE.

    Federal investments in the Upper Mississippi River Basin shall be
guided by accepted and documented scientific methods, including the use
of documented protocols for data collection and data analysis, and peer
review of data, results, and findings, and shall take into account the
results of studies using accepted and documented scientific methods to
identify and quantify the sources, transport, and fate of nutrients and
sediment and to quantify the effect of various treatment methods or
conservation measures on nutrient and sediment management.

           TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK

SEC. 101. ESTABLISHMENT OF MONITORING NETWORK.

    (a) Establishment.--As part of the Upper Mississippi River
Stewardship Initiative, the Secretary of the Interior shall establish a
sediment and nutrient monitoring network for the Upper Mississippi
River Basin for the purposes of--
            (1) identifying and quantifying significant sources of
        sediment and nutrients in the Upper Mississippi River Basin;
            (2) quantifying the processes affecting mobilization,
        transport, and fate of those sediments and nutrients on land
        and in water;
            (3) quantifying the transport of those sediments and
        nutrients to and through the Upper Mississippi River Basin;
            (4) quantifying changes to sediment and nutrient
        concentrations and loads over time; and
            (5) coordinating with other Federal, State, tribal, and
        local agencies on the acquisition of data to be used in
        computer modeling of the Basin, pursuant to section 201.
    (b) Role of United States Geological Survey.--The Secretary of the
Interior shall carry out this title acting through the office of the
Director of the United States Geological Survey.

SEC. 102. DATA COLLECTION AND STORAGE RESPONSIBILITIES.

    (a) Guidelines for Data Collection and Storage.--The Secretary of
the Interior shall establish guidelines for the effective design of
data collection activities regarding sediment and nutrient monitoring,
for the use of suitable and consistent methods for data collection, and
for consistent reporting, data storage, and archiving practices.
    (b) Release of Data.--Data resulting from sediment and nutrient
monitoring and the compilation of ancillary information in the Upper
Mississippi River Basin shall be released to the public using generic
station identifiers and hydrologic unit codes. In the case of a
monitoring station located on private lands, information regarding the
location of the station shall not be disseminated without the
landowner's permission.

SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT MONITORING AND
              ASSESSMENT.

    (a) Inventory.--To the maximum extent practicable, the Secretary of
the Interior shall inventory the sediment and nutrient monitoring
efforts in existence as of the date of the enactment of this Act of
Federal, State, tribal, local, and nongovernmental entities for the
purpose of creating a baseline understanding of overlap, data gaps and
redundancies.
    (b) Integration.--On the basis of the inventory, the Secretary of
the Interior shall integrate the existing sediment and nutrient
monitoring efforts, to the maximum extent practicable, into the
sediment and nutrient monitoring network required by section 101.
    (c) Consultation and Use of Existing Data.--In carrying out this
section, the Secretary of the Interior shall make maximum use of data
in existence as of the date of the enactment of this Act and of ongoing
programs and efforts of Federal, State, tribal, local, and
nongovernmental entities in developing the sediment and nutrient
monitoring network required by section 101.
    (d) Coordination With Long-Term Estuary Assessment Project.--The
Secretary of the Interior shall carry out this section in coordination
with the long-term estuary assessment project authorized by section 902
of the Estuaries and Clean Waters Act of 2000 (Public Law 106-457; 33
U.S.C. 2901 note).

SEC. 104. COLLABORATION WITH OTHER PUBLIC AND PRIVATE MONITORING
              EFFORTS.

    To establish the sediment and nutrient monitoring network, the
Secretary of the Interior shall collaborate, to the maximum extent
practicable, with other Federal, State, tribal, local and private
sediment and nutrient monitoring and assessment programs that meet
guidelines prescribed under section 102(a), as determined by the
Secretary.

SEC. 105. REPORTING REQUIREMENTS.

    The Secretary of the Interior shall report to Congress not later
than 180 days after the date of the enactment of this Act on the
development of the sediment and nutrient monitoring network.

SEC. 106. NATIONAL RESEARCH COUNCIL ASSESSMENT.

    The National Research Council of the National Academy of Sciences
shall conduct a comprehensive water resources assessment of the Upper
Mississippi River Basin within 3 years after the date of the enactment
of this Act.

                TITLE II--COMPUTER MODELING AND RESEARCH

SEC. 201. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND NUTRIENT
              SOURCES.

    (a) Modeling Program Required.--As part of the Upper Mississippi
River Stewardship Initiative, the Director of the United States
Geological Survey shall develop and implement a plan to improve
existing water-quality models to identify and quantify significant
sources of sediment and nutrients in the Upper Mississippi River Basin
at the subwatershed (12-digit Hydrologic Unit Code) scale.
    (b) Role.--Computer modeling shall be used to identify
subwatersheds which are significant sources of sediment and nutrients
and shall be made available for the purposes of targeting public and
private sediment and nutrient management efforts.
    (c) Components.--Sediment and nutrient models for the Upper
Mississippi River Basin shall--
            (1) relate nutrient sources to landscape, land use, and
        land management practices;
            (2) relate sediment sources to landscape, land use, and
        land management practices; and
            (3) quantify river channel nutrient and sediment transport
        and transformation processes.
    (d) Collection of Ancillary Information.--Ancillary information
shall be collected, by remote sensing or other appropriate means, in a
GIS format to support modeling and management use of modeling results,
including the following:
            (1) Land use data.
            (2) Soils data.
            (3) Elevation data.
            (4) Hydrologic modifications.
            (5) Information on sediment and nutrient management actions
        including conservation tillage practices and other Best
        Management Practices.
            (6) Estimates of loads of nutrients from point sources and
        key nonpoint sources, including commercial fertilizer,
        applications of manure, geologic sources, and atmospheric
        deposition.

SEC. 202. COMMUNICATION PLAN TO DISTRIBUTE INFORMATION.

    Not later than 180 days after the date of the enactment of this
Act, the Director of the United States Geological Survey shall
establish a communication plan that includes use of the Internet to
provide information including the following:
            (1) Accomplishments of public and private programs designed
        to manage sediment and nutrients in the Upper Mississippi River
        Basin.
            (2) Seasonal and annual concentrations and loads of
        sediment and nutrients in the Upper Mississippi River and its
        tributaries.

SEC. 203. REPORTING REQUIREMENTS.

    (a) Monitoring Activities.--Commencing one year after the date of
the enactment of this Act, the Director of the United States Geological
Survey shall provide to Congress and make available to the public an
annual report that includes data and information on concentrations and
loads of nutrients and sediment derived from monitoring activities
conducted in the Upper Mississippi River Basin.
    (b) Modeling Activities.--Every five years, the Director of the
United States Geological Survey shall provide to Congress and make
available to the public a progress report assessing changes in nutrient
and sediment concentrations and loads in relation to such factors as
climate variability and changes in land and water management practices.

     TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    (a) United States Geological Survey Activities.--There is
authorized to be appropriated to the United States Geological Survey
$6,250,000 each fiscal year to carry out this Act (other than section
106).
    (b) Water Resource and Water Quality Management Assessment.--There
is authorized to be appropriated $650,000 to allow the National
Research Council to perform the assessment required by section 106.

SEC. 302. COST-SHARING REQUIREMENTS.

    Funds made available for the United States Geological Survey
Cooperative Water Program under section 301(a) shall be subject to the
same cost-sharing requirements as specified in the last proviso under
the heading ``United States Geological Survey--surveys, investigations,
and research'' of the Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat.
510; 43 U.S.C. 50).

Output:
Upper Mississippi River Basin Protection Act - Requires federal investments in the Upper Mississippi River Basin to be guided by accepted and documented scientific methods and to take into account the results of studies using such methods to identify and quantify the sources, transport, and fate of nutrients and sediment and to quantify the effect of treatment methods or conservation measures on nutrient and sediment management.

Directs the Secretary of the Interior, as part of an Upper Mississippi River Stewardship Initiative and acting through the U.S. Geological Survey (USGS), to establish a nutrient and sediment monitoring network for the Basin.

Directs the Secretary to: (1) establish guidelines for related data collection and storage activities; (2) inventory the sediment and monitoring efforts of governmental, tribal, and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps, and redundancies; (3) integrate such monitoring efforts into the sediment and nutrient monitoring network; and (4) collaborate with other public, tribal, and private monitoring and assessment programs in establishing the monitoring network. Directs the National Research Council of the National Academy of Sciences to conduct a water resources assessment of the Basin. Requires the Director of the USGS: (1) as part of the Initiative, to develop and implement a plan to improve existing water-quality models to identify and quantify significant sources of sediment and nutrients in the Basin at the subwatershed scale; (2) to establish a communication plan that includes use of the Internet to provide information on accomplishments of public and private programs designed to manage sediment and nutrients in the Basin and on seasonal and annual concentrations and loads of sediment and nutrients in the Upper Mississippi River and its tributaries; and (3) provide an annual report that includes information on concentrations and loads of nutrients and sediment derived from monitoring activities conducted in the Basin.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Employee Changing Room Privacy
Act''.

SEC. 2. PROHIBITION AGAINST VIDEO OR AUDIO MONITORING OF EMPLOYEES IN
              CERTAIN EMPLOYMENT LOCATIONS.

    (a) In General.--An employer may not engage in video monitoring or
audio monitoring of an employee of the employer when the employee is in
a restroom facility, dressing room, or any other area in which it is
reasonable to expect employees of the employer to change clothing.
    (b) Use of Monitoring Results.--An employer may not use the results
of video or audio monitoring conducted in violation of this Act for any
purpose, including any employee discipline. An employer shall
immediately destroy all copies of any recording determined to have been
made in violation of this Act.
    (c) Non-Retaliation.--An employer may not discharge, discipline, or
discriminate in any manner against an employee because the employee
has--
            (1) filed any complaint or instituted or caused to be
        instituted any proceeding under this Act; or
            (2) testified or is about to testify in any proceeding
        under this Act.
    (d) Limitation.--Nothing in this Act shall prohibit any video
monitoring or audio monitoring conducted by a law enforcement agency as
part of a criminal investigation and pursuant to a validly issued
warrant.

SEC. 3. ENFORCEMENT ACTION BY SECRETARY OF LABOR.

    (a) In General.--Any employer who violates section 2 shall be
liable to the United States for a civil money penalty in an amount not
to exceed $18,000 for each violation.
    (b) Written Notice and Opportunity for Hearing.--The Secretary of
Labor shall assess a civil money penalty under subsection (a) by an
order made on the record after opportunity for a hearing provided in
accordance with section 554 of title 5, United States Code. In
connection with the hearing, the Secretary may issue subpoenas
requiring the attendance and testimony of witnesses and the production
of evidence that relates to the subject matter of the hearing.
    (c) Determination of Amount of Civil Money Penalty.--In determining
the amount of a civil money penalty under subsection (a), the Secretary
shall take into account--
            (1) the nature, circumstances, extent, and gravity of the
        violation or violations; and
            (2) with respect to the violator, the ability to pay,
        effect on ability to continue to do business, any history of
        prior violations, the degree of culpability, and such other
        matters as justice may require.
    (d) Modification of Civil Money Penalty.--The Secretary may
compromise, modify, or remit, with or without conditions, any civil
money penalty assessed under subsection (a). The amount of such
penalty, when finally determined, or the amount agreed upon in
compromise, may be deducted from any sums owing by the United States to
the employer.
    (e) Judicial Review.--An employer who requested, in accordance with
section 554 of title 5, United States Code, a hearing respecting the
assessment of a civil money penalty under this subsection, and who is
aggrieved by the order assessing the penalty may file a petition for
judicial review of the order with the United States Court of Appeals
for the District of Columbia Circuit or for any other circuit in which
the employer resides or transacts business. Such a petition may only be
filed within the 120-day period beginning on the date the order was
issued.
    (f) Failure To Pay.--The Secretary of Labor may recover, in an
action brought in any appropriate district court of the United States,
the amount of a civil money penalty assessed under this subsection
against an employer who fails to pay the penalty--
            (1) after the order making the assessment becomes final,
        and if such employer does not file a petition for judicial
        review of the order in accordance with subsection (e); or
            (2) after a court in an action brought under subsection (e)
        has entered a final judgment in favor of the Secretary.
    (g) No Review of Penalty.--In an action brought under subsection
(f), the validity, amount, and appropriateness of the civil money
penalty shall not be subject to review.
    (h) Injunctive Relief.--The Secretary may commence, in any court of
competent jurisdiction, a civil action for the purpose of obtaining
temporary or permanent injunctive relief with respect to preventing a
violation of section 2.

SEC. 4. CIVIL CAUSE OF ACTION BY AGGRIEVED EMPLOYEE.

    (a) In General.--An employee who is aggrieved as a result of a
violation of section 2 by the employer of such employee may commence,
in any court of competent jurisdiction, a civil action against the
employer to obtain appropriate relief, including--
            (1) an injunction to enjoin the employer from further
        engaging in the violation or from committing any further
        violation, as appropriate;
            (2) damages not to exceed $25,000; or
            (3) both such remedies.
In any action or proceeding under this section, the court, in its
discretion, may allow the prevailing party a reasonable attorney's fee
(including expert fees) as part of the costs.
    (b) Commencement of Proceedings.--An employee referred to in
subsection (a) may not commence proceedings under such subsection
against an employer of the employee after the expiration of the 7-year
period beginning on the later of the following:
            (1) The date on which the employer allegedly engaged in a
        violation of section 2.
            (2) The date on which the employee should have been aware
        of an alleged violation of section 2 by the employer.

SEC. 5. EFFECT ON STATE LAWS AND COLLECTIVE BARGAINING AGREEMENTS.

    (a) State Laws.--This Act does not annul, alter, or affect in any
manner the meaning, scope, or applicability of the laws of any State or
political subdivision of any State, except to the extent such laws are
inconsistent with this Act, and then only to the extent of the
inconsistency. A law is not inconsistent with this Act if the law
affords greater protection to an employee than the protection provided
under this Act.
    (b) Collective Bargaining Agreements.--This Act does not annul,
alter, or affect in any manner the meaning, scope, or applicability of
any collective bargaining agreements, except to the extent that such
agreements are inconsistent with this Act, and then only to the extent
of the inconsistency. An agreement is not inconsistent with this Act if
the agreement affords greater protection to an employee than the
protection provided under this Act.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Audio monitoring.--The term ``audio monitoring'' means
        the listening to, collecting, or recording of sounds of an
        employee by means of audio equipment or other method.
            (2) Employee.--The term ``employee'' means any person who
        is employed by an employer or who was employed by an employer
        at the time of a violation that was allegedly committed by that
        employer. Such term includes leased or temporary employees and
        an employee who is under contract to perform work for an
        employer.
            (3) Employer.--The term ``employer'' means any person or
        entity engaged in commerce or in an industry or activity
        affecting interstate commerce.
            (4) Video monitoring.--The term ``video monitoring'' means
        the videotaping, photographing, filming, or recording by any
        electronic means of an employee, or installing a device that
        videotapes, photographs, films, or otherwise records visual
        images.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Labor.
            (6) State.--The term ``State'' means a State of the United
        States, the District of Columbia, the Commonwealth of Puerto
        Rico, or a territory or possession of the United States.

SEC. 7. EFFECTIVE DATE.

    This Act takes effect 60 days after the date of the enactment of
this Act.

Output:
Employee Changing Room Privacy Act - Prohibits employers from engaging in video or audio monitoring of employees in restroom facilities, dressing rooms, or other areas in which it is reasonable to expect employees to change clothing. Prohibits employers from using monitoring results for any purpose and requires employers to immediately destroy any violating recording. Prohibits retaliation.

 Allows video monitoring or audio monitoring by a law enforcement agency as part of a criminal investigation and with a warrant.

Provides for enforcement by the Secretary of Labor. Allows private suits by aggrieved employees.

Asserts that this Act does not alter state law or collective bargaining agreements except where inconsistent with this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Super-Efficient Appliance Incentives
and Market Transformation Act of 2007''.

SEC. 2. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT FOR
              APPLIANCES PRODUCED AFTER 2007.

    (a) In General.--Subsection (b) of section 45M of the Internal
Revenue Code of 1986 (relating to applicable amount) is amended to read
as follows:
    ``(b) Applicable Amount.--For purposes of subsection (a)--
            ``(1) Dishwashers.--The applicable amount is--
                    ``(A) $45 in the case of a dishwasher which is
                manufactured in calendar year 2008 or 2009 and which
                uses no more than 324 kilowatt hours per year and 5.8
                gallons per cycle, and
                    ``(B) $75 in the case of a dishwasher which is
                manufactured in calendar year 2008, 2009, or 2010 and
                which uses no more than 307 kilowatt hours per year and
                5.0 gallons per cycle (5.5 gallons per cycle for
                dishwashers designed for greater than 12 place
                settings).
            ``(2) Clothes washers.--The applicable amount is--
                    ``(A) $75 in the case of a residential top-loading
                clothes washer manufactured in calendar year 2008 which
                meets or exceeds a 1.72 modified energy factor and does
                not exceed a 8.0 water consumption factor,
                    ``(B) $125 in the case of a residential top-loading
                clothes washer manufactured in calendar year 2008 or
                2009 which meets or exceeds a 1.8 modified energy
                factor and does not exceed a 7.5 water consumption
                factor,
                    ``(C) $150 in the case of a residential or
                commercial clothes washer manufactured in calendar year
                2008, 2009 or 2010 which meets or exceeds 2.0 modified
                energy factor and does not exceed a 6.0 water
                consumption factor, and
                    ``(D) $250 in the case of a residential or
                commercial clothes washer manufactured in calendar year
                2008, 2009, or 2010 which meets or exceeds 2.2 modified
                energy factor and does not exceed a 4.5 water
                consumption factor.
            ``(3) Refrigerators.--The applicable amount is--
                    ``(A) $50 in the case of a refrigerator which is
                manufactured in calendar year 2008, and consumes at
                least 20 percent but not more than 22.9 percent less
                kilowatt hours per year than the 2001 energy
                conservation standards,
                    ``(B) $75 in the case of a refrigerator which is
                manufactured in calendar year 2008 or 2009, and
                consumes at least 23 percent but no more than 24.9
                percent less kilowatt hours per year than the 2001
                energy conservation standards,
                    ``(C) $100 in the case of a refrigerator which is
                manufactured in calendar year 2008, 2009 or 2010, and
                consumes at least 25 percent but not more than 29.9
                percent less kilowatt hours per year than the 2001
                energy conservation standards, and
                    ``(D) $200 in the case of a refrigerator
                manufactured in calendar year 2008, 2009 or 2010 and
                which consumes at least 30 percent less energy than the
                2001 energy conservation standards.
            ``(4) Dehumidifiers.--The applicable amount is--
                    ``(A) $15 in the case of a dehumidifier
                manufactured in calendar year 2008 that has a capacity
                less than or equal to 45 pints per day and is 7.5
                percent more efficient than the applicable Department
                of Energy energy conservation standard effective
                October 2012, and
                    ``(B) $25 in the case of a dehumidifier
                manufactured in calendar year 2008 that has a capacity
                greater than 45 pints per day and is 7.5 percent more
                efficient than the applicable Department of Energy
                energy conservation standard effective October 2012.''.
    (b) Eligible Production.--
            (1) Similar treatment for all appliances.--Subsection (c)
        of section 45M of such Code (relating to eligible production)
        is amended--
                    (A) by striking paragraph (2),
                    (B) by striking ``(1) In general'' and all that
                follows through ``the eligible'' and inserting ``The
                eligible'', and
                    (C) by moving the text of such subsection in line
                with the subsection heading and redesignating
                subparagraphs (A) and (B) as paragraphs (1) and (2),
                respectively.
            (2) Modification of base period.--Paragraph (2) of section
        45M(c) of such Code, as amended by paragraph (1) of this
        section, is amended by striking ``3-calendar year'' and
        inserting ``2-calendar year''.
    (c) Types of Energy Efficient Appliances.--Subsection (d) of
section 45M of such Code (defining types of energy efficient
appliances) is amended to read as follows:
    ``(d) Types of Energy Efficient Appliance.--For purposes of this
section, the types of energy efficient appliances are--
            ``(1) dishwashers described in subsection (b)(1),
            ``(2) clothes washers described in subsection (b)(2),
            ``(3) refrigerators described in subsection (b)(3), and
            ``(4) dehumidifiers described in subsection (b)(4).''.
    (d) Aggregate Credit Amount Allowed.--
            (1) Increase in limit.--Paragraph (1) of section 45M(e) of
        such Code (relating to aggregate credit amount allowed) is
        amended to read as follows:
            ``(1) Aggregate credit amount allowed.--The aggregate
        amount of credit allowed under subsection (a) with respect to a
        taxpayer for any taxable year shall not exceed $100,000,000
        reduced by the amount of the credit allowed under subsection
        (a) to the taxpayer (or any predecessor) for all prior taxable
        years beginning after December 31, 2007.''.
            (2) Exception for certain refrigerator and clothes
        washers.--Paragraph (2) of section 45M(e) of such Code is
        amended to read as follows:
            ``(2) Amount allowed for certain refrigerators and clothes
        washers.--Refrigerators described in subsection (b)(3)(D) and
        clothes washers described in subsection (b)(2)(D) shall not be
        taken into account under paragraph (1).''.
    (e) Qualified Energy Efficient Appliances.--
            (1) In general.--Paragraph (1) of section 45M(f) of such
        Code (defining qualified energy efficient appliance) is amended
        to read as follows:
            ``(1) Qualified energy efficient appliance.--The term
        `qualified energy efficient appliance' means--
                    ``(A) any dishwasher described in subsection
                (b)(1),
                    ``(B) any clothes washer described in subsection
                (b)(2),
                    ``(C) any refrigerator described in subsection
                (b)(3), and
                    ``(D) any dehumidifier described in subsection
                (b)(4).''.
            (2) Clothes washer.--Section 45M(f)(3) of such Code
        (defining clothes washer) is amended by inserting
        ``commercial'' before ``residential'' the second place it
        appears.
            (3) Top-loading clothes washer.--Subsection (f) of section
        45M of such Code (relating to definitions) is amended by
        redesignating paragraphs (4), (5), (6), and (7) as paragraphs
        (5), (6), (7), and (8), respectively, and by inserting after
        paragraph (3) the following new paragraph:
            ``(4) Top-loading clothes washer.--The term ``top-loading
        clothes washer'' means a clothes washer which has the clothes
        container compartment access located on the top of the machine
        and which operates on a vertical axis.''.
            (4) Dehumidifier.--Subsection (f) of section 45M of such
        Code, as amended by paragraph (3), is amended by redesignating
        paragraphs (6), (7), and (8) as paragraphs (7), (8) and (9),
        respectively, and by inserting after paragraph (5) the
        following new paragraph:
            ``(6) Dehumidifier.--The term `dehumidifier' means a self-
        contained, electrically operated, and mechanically refrigerated
        encased assembly consisting of--
                    ``(A) a refrigerated surface that condenses
                moisture from the atmosphere,
                    ``(B) a refrigerating system, including an electric
                motor,
                    ``(C) an air-circulating fan, and
                    ``(D) means for collecting or disposing of
                condensate.''.
            (5) Replacement of energy factor.--Section 45M(f)(7) of
        such Code, as amended by paragraph (4), is amended to read as
        follows:
            ``(7) Modified energy factor.--The term `modified energy
        factor' means the modified energy factor established by the
        Department of Energy for compliance with the Federal energy
        conservation standard.''.
            (6) Gallons per cycle; water consumption factor.--Section
        45M(f) of such Code (relating to definitions) is amended by
        adding at the end the following:
            ``(10) Gallons per cycle.--The term `gallons per cycle'
        means, with respect to a dishwasher, the amount of water,
        expressed in gallons, required to complete a normal cycle of a
        dishwasher.
            ``(11) Water consumption factor.--The term `water
        consumption factor' means, with respect to a clothes washer,
        the quotient of the total weighted per-cycle water consumption
        divided by the cubic foot (or liter) capacity of the clothes
        washer.''.
    (f) Effective Date.--The amendments made by this section shall
apply to appliances produced after December 31, 2007.

Output: Super-Efficient Appliance Incentives and Market Transformation Act of 2007 - Amends the Internal Revenue Code to modify the applicable amount of the tax credit for energy efficient appliances (i.e., dishwashers, clothes washers, refrigerators, and dehumidifiers which restrict water and energy consumption) produced after 2007.


Input:
SECTION 1. RESOURCE STAFF FOR STUDENTS.

    Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et. seq) is amended by adding at the end the following:

                 ``PART L--RESOURCE STAFF FOR STUDENTS

``SEC. 10993. FINDINGS.

    ``Congress finds the following:
            ``(1) Although 7,500,000 children under the age of 18
        require mental health services, fewer than 1 in 5 of these
        children receive the services.
            ``(2) Across the United States, counseling professionals
        have an extremely busy caseload and often students do no get
        the help they need. The current national average ratio of
        students to counselors in elementary and secondary schools is
        513:1.
            ``(3) Schools in the United States need more mental health
        professionals, and the funds needed to hire staff to
        specifically serve students.
            ``(4) The maximum recommended ratio of students-to-
        counselors is 250:1.
            ``(5) Existing counselors are severely taxed to perform
        duties that are largely administrative in nature, such as
        scheduling. They are burdened with many demands regarding
        placement in colleges, texting, career guidance, and the like.
            ``(6) Student populations are expected to grow
        significantly over the next few years. School-based services
        for students will be in great demand. With expected large scale
        retirements, more than 100,000 new dedicated resource staff for
        students will be needed to increase student-to-staff service
        availability.
            ``(7) The Federal support for reducing the student-to-staff
        ratio would pay for itself, through reduced violence and
        substance abuse, and through improvements in students' academic
        achievement.

``SEC. 10994. PURPOSE.

    ``The purpose of this part is to assist States and local
educational agencies recruit, train, and hire 100,000 school-based
resource staff to specifically work with students--
            ``(1) to reduce the student-to-counseling ratios
        nationally, in grades 6-12, to an average of 1 such staff for
        every 250 students as recommended in a report by the Institute
        of Medicine of the National Academy of Sciences relating to
        schools and health, issued in 1997;
            ``(2) to help address the mental, emotional, and
        developmental needs of public school students; and
            ``(3) to support other school staff and teachers in
        reaching students early before problems arise, conducting
        behavioral interventions to improve school discipline, and
        developing the awareness and skills to identify early warning
        signs of violence and the need for mental health services.

``SEC. 10995. STUDENT RESOURCE STAFF PROGRAM.

    ``(a) In General.--The Secretary shall award grants under this
section to establish or expand the number of resource staff available
for students' needs.
            ``(1) Distribution.--In awarding grants under this section,
        the Secretary shall allocate funds proportionately based on the
        population that is less than 18 years of age in the States.
            ``(2) Duration.--A grant under this section shall be
        awarded for a period not to exceed three years.
    ``(b) Applications.--
            ``(1) In general.--Each local educational agency desiring a
        grant under this section shall submit an application to the
        Secretary at such time, in such manner, and accompanied by such
        information as the Secretary may reasonably require.
            ``(2) Contents.--Each application for a grant under this
        section shall--
                    ``(A) describe the secondary public school
                population to be targeted by the program, the
                particular personal, social, emotional, education, and
                career development needs of such population, and the
                current school counseling resources available for
                meeting such needs;
                    ``(B) describe the activities, services, and
                training to be provided by the program and the specific
                approaches to be used to meet the needs described in
                subparagraph (A);
                    ``(C) describe the methods to be used to evaluate
                the outcomes and effectiveness of the program;
                    ``(D) document that the applicant has the personnel
                qualified to develop, implement, and administer the
                program;
                    ``(E) assure that the funds made available under
                this part for any fiscal year will be used to
                supplement and, to the extent practicable, increase the
                level of funds that would otherwise be available from
                non-Federal sources for the program described in the
                application, and in no case supplant such funds from
                non-Federal sources.
    ``(c) Use of Funds.--Grants funds under this section shall be used
to initiate or expand student resource staff programs that comply with
the purpose under section 10994.
    ``(d) Definitions.--For purposes of this part the term `resource
staff' means an individual who has documented competence and training
in mental health to be able to provide services to children and
adolescents in a school setting and who--
            ``(1) possesses State licensure or certification in mental
        health granted by an independent professional regulatory
        authority;
            ``(2) in the absence of such State licensure or
        certification, possesses national certification in mental
        health or in a related specialty granted by an independent
        professional organization; or
            ``(3) holds a minimum of a master's degree in school
        counseling from a program accredited by the Council for
        Accreditation of Counseling and Related Educational Programs or
        the equivalent; or
            ``(4) possesses a minimum of 60 graduate semester hours in
        school psychology from an institution of higher education and
        has completed 1,200 clock hours in a supervised school
        psychology internship, of which 600 hours shall be in the
        school setting, and possesses State licensure or certification
        in school psychology in the State in which the individual
        works; or
            ``(5) holds a master's degree in social work and is
        licensed or certified by the State in which services are to be
        provided or holds a school social work specialist credential.
    ``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part $3,500,000,000 for fiscal year
2000; $3,150,000,000 for fiscal year 2001; $2,800,000,000 for fiscal
year 2002; $2,800,000,000 for fiscal year 2003; and $2,800,000,000 for
fiscal year 2004 for the hiring of student resource staff.''.

Output:
Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to assist States and local educational agencies (LEAs) to recruit, train, and hire 100,000 school-based resource staff to work with students to: (1) reduce the student-to-counselor ratios nationally, in grades six through 12, to an average of one such staff for every 250 students, as recommended in a 1997 report by the Institute of Medicine of the National Academy of Sciences relating to schools and health; (2) help address the mental, emotional, and developmental needs of public school students; and (3) support other school staff and teachers in reaching students early before problems arise, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services.
Directs the Secretary of Education to make such grants, for up to three years for each grant, to establish or expand the number of resource staff available for students' needs .  Requires such grant funds to be allocated on the basis of relative State population under 18 years of age.  Sets forth requirements for LEA grant applications and uses of funds.
Provides that resource staff means an individual who has documented competence and training in mental health to be able to provide services to children and adolescents in a school setting and who has specified types of licensure, certification, or educational qualifications.
Authorizes appropriations for FY 2000 through 2004 for such program.