Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Child Left Behind Fairness Act of
2004''.

SEC. 2. REVIEW OF ADEQUATE YEARLY PROGRESS DETERMINATIONS FOR SCHOOLS
              FOR THE 2002-2003 SCHOOL YEAR.

    (a) In General.--The Secretary shall require each local educational
agency to provide each school served by the agency with an opportunity
to request a review of a determination by the agency that the school
did not make adequate yearly progress for the 2002-2003 school year.
    (b) Final Determination.--Not later than 30 days after receipt of a
request by a school for a review under this section, a local
educational agency shall issue and make publicly available a final
determination on whether the school made adequate yearly progress for
the 2002-2003 school year.
    (c) Evidence.--In conducting a review under this section, a local
educational agency shall--
            (1) allow the principal of the school involved to submit
        evidence on whether the school made adequate yearly progress
        for the 2002-2003 school year; and
            (2) consider that evidence before making a final
        determination under subsection (b).
    (d) Standard of Review.--In conducting a review under this section,
a local educational agency shall revise, consistent with the applicable
State plan under section 1111 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311), the local educational agency's original
determination that a school did not make adequate yearly progress for
the 2002-2003 school year if the agency finds that the school made such
progress taking into consideration--
            (1) the amendments made to part 200 of title 34 of the Code
        of Federal Regulations on December 9, 2003 (68 Fed. Reg. 68698)
        (relating to accountability for the academic achievement of
        students with the most significant cognitive disabilities); or
            (2) any regulation or guidance that, subsequent to the date
        of such original determination, was issued by the Secretary
        relating to--
                    (A) the assessment of limited English proficient
                children;
                    (B) the inclusion of limited English proficient
                children as part of the subgroup described in section
                1111(b)(2)(C)(v)(II)(dd) of the Elementary and
                Secondary Education Act of 1965 (20 U.S.C.
                6311(b)(2)(C)(v)(II)(dd)) after such children have
                obtained English proficiency; or
                    (C) any requirement under section 1111(b)(2)(I)(ii)
                of the Elementary and Secondary Education Act of 1965
                (20 U.S.C. 6311(b)(2)(I)(ii)).
    (e) Effect of Revised Determination.--
            (1) In general.--If pursuant to a review under this section
        a local educational agency determines that a school made
        adequate yearly progress for the 2002-2003 school year, upon
        such determination--
                    (A) any action by the Secretary, the State
                educational agency, or the local educational agency
                that was taken because of a prior determination that
                the school did not make such progress shall be
                terminated; and
                    (B) any obligations or actions required of the
                local educational agency or the school because of the
                prior determination shall cease to be required.
            (2) Exceptions.--Notwithstanding paragraph (1), a
        determination under this section shall not affect any
        obligation or action required of a local educational agency or
        school under the following:
                    (A) Section 1116(b)(13) of the Elementary and
                Secondary Education Act of 1965 (20 U.S.C. 6316(b)(13))
                (requiring a local educational agency to continue to
                permit a child who transferred to another school under
                such section to remain in that school until completion
                of the highest grade in the school).
                    (B) Section 1116(e)(8) of the Elementary and
                Secondary Education Act of 1965 (20 U.S.C. 6316(e)(8))
                (requiring a local educational agency to continue to
                provide supplemental educational services under such
                section until the end of the school year).
            (3) Subsequent determinations.--In determining whether a
        school is subject to school improvement, corrective action, or
        restructuring as a result of not making adequate yearly
        progress, the Secretary, a State educational agency, or a local
        educational agency may not take into account a determination
        that the school did not make adequate yearly progress for the
        2002-2003 school year if such determination was revised under
        this section and the school received a final determination of
        having made adequate yearly progress for the 2002-2003 school
        year.
    (f) Notification.--The Secretary--
            (1) shall require each State educational agency to notify
        each school served by the agency of the school's ability to
request a review under this section; and
            (2) not later than 30 days after the date of the enactment
        of this section, shall notify the public by means of the
        Department of Education's website of the review process
        established under this section.

SEC. 3. REVIEW OF ADEQUATE YEARLY PROGRESS DETERMINATIONS FOR LOCAL
              EDUCATIONAL AGENCIES FOR THE 2002-2003 SCHOOL YEAR.

    (a) In General.--The Secretary shall require each State educational
agency to provide each local educational agency in the State with an
opportunity to request a review of a determination by the State
educational agency that the local educational agency did not make
adequate yearly progress for the 2002-2003 school year.
    (b) Application of Certain Provisions.--Except as inconsistent
with, or inapplicable to, this section, the provisions of section 2
shall apply to review by a State educational agency of a determination
described in subsection (a) in the same manner and to the same extent
as such provisions apply to review by a local educational agency of a
determination described in section 2(a).

SEC. 4. DEFINITIONS.

    In this Act:
            (1) The term ``adequate yearly progress'' has the meaning
        given to that term in section 1111(b)(2)(C) of the Elementary
        and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)).
            (2) The term ``local educational agency'' means a local
        educational agency (as that term is defined in section 9101 of
        the Elementary and Secondary Education Act of 1965 (20 U.S.C.
        7801)) receiving funds under part A of title I of such Act (20
        U.S.C. 6311 et seq.).
            (3) The term ``Secretary'' means the Secretary of
        Education.
            (4) The term ``school'' means an elementary school or a
        secondary school (as those terms are defined in section 9101 of
        the Elementary and Secondary Education Act of 1965 (20 U.S.C.
        7801)) served under part A of title I of such Act (20 U.S.C.
        6311 et seq.).
            (5) The term ``State educational agency'' means a State
        educational agency (as that term is defined in section 9101 of
        the Elementary and Secondary Education Act of 1965 (20 U.S.C.
        7801)) receiving funds under part A of title I of such Act (20
        U.S.C. 6311 et seq.).

Output:
No Child Left Behind Fairness Act of 2004 - Directs the Secretary of Education to require local educational agencies (LEAs) and State educational agencies (SEAs) to give schools and LEAs, respectively, an opportunity to request a review of a determination that they did not make adequate yearly progress (AYP) for the 2002-2003 school year.

Sets forth standards for such reviews, providing for consideration of subsequent regulations and guidance applicable to AYP determinations under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001.

Prohibits the Secretary, an SEA, or an LEA, with respect to subsequent determinations of whether a school is subject to school improvement, corrective action, or restructuring as a result of not making AYP, from taking into account a 2002-2003 non-AYP determination that was revised under this Act if the school received a final determination of AYP for such school year.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Haitian Educational Empowerment Act
of 2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Haiti is the poorest country in the Western Hemisphere.
            (2) Eighty percent of the population lives below the
        poverty line and approximately 45 percent of the population is
        illiterate.
            (3) On January 12, 2010, a 7.0 magnitude earthquake struck
        the country of Haiti.
            (4) The earthquake caused massive devastation across Haiti,
        destroying government buildings, hospitals, schools, and vital
        aid offices including the headquarters of the United Nations
        mission to Haiti.
            (5) An estimated 3,000,000 people have been directly
        affected by the earthquake in Haiti, nearly one-third of the
        country's population, and many are currently at risk of long-
        term displacement and vulnerability.
            (6) Many universities suffered significant structural
        damage, including the State University of Haiti, the nation's
        main public university, which had 80 percent of its buildings
        destroyed.
            (7) The earthquake claimed the lives of many students and
        several prominent academics.
            (8) Before the earthquake, at least 85 percent of Haitians
        with a university degree left the island.
            (9) A more highly educated population is vital to Haiti's
        long-term development.

SEC. 3. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR CERTAIN HAITIAN
              STUDENTS.

    (a) In General.--From the amounts appropriated to carry out this
section, the Secretary of State, acting through the Assistant Secretary
of State for Educational and Cultural Affairs, shall establish a
scholarship program for Haitian students whose studies were interrupted
as a result of the January 12, 2010, earthquake.
    (b) Eligibility.--To be eligible to receive a scholarship under
this section, a Haitian undergraduate or graduate student shall--
            (1) have been enrolled as a full-time student in a Haitian
        university at the time of the January 12, 2010, earthquake; and
            (2) submit to the Assistant Secretary of State for
        Educational and Cultural Affairs an application at such time,
        in such manner, and containing such information as the
        Assistant Secretary may require.
    (c) Duration.--A scholarship under this section shall be awarded to
a Haitian student for 1 academic year and may be renewed in accordance
with subsection (d).
    (d) Renewal.--
            (1) In general.--A scholarship awarded under this section
        may be renewed for an additional academic year upon
        demonstration to the Secretary of State of satisfactory
        academic achievement in the prior academic year.
            (2) Maximum renewals.--A scholarship awarded under this
        section may not be renewed for more than 6 academic years.
    (e) Preference.--Preference in the awarding of scholarships shall
be given to the following categories of Haitian students:
            (1) Haitian students who are studying subjects of
        importance to Haiti's long-term social, economic, or political
        development.
            (2) Haitian students who were enrolled in programs that
        were forced to cease operations as a result of the January 12,
        2010, earthquake.
    (f) Return.--Upon completion of an undergraduate or graduate degree
at an institution of higher education, a Haitian student who has
received a scholarship under this section shall return to Haiti.
    (g) Scholarship Defined.--In this section, the term ``scholarship''
means an amount awarded to a Haitian student under this section that
shall only be used to pay costs related to the tuition and fees at the
institution of higher education in which the student is enrolled as a
full-time student.
    (h) Scholarship Amount.--A scholarship awarded to a Haitian student
under this section may not exceed an amount equal to the total costs
related to the tuition and fees for 1 academic year at an institution
of higher education in which the student is enrolled as a full-time
student.

SEC. 4. GRANTS TO UNITED STATES COLLEGES AND UNIVERSITIES.

    The Secretary of State, acting through the Assistant Secretary of
State for Educational and Cultural Affairs, may make grants to
institutions of higher education that have enrolled a significant
number of Haitian students who have been enrolled as full-time students
in a Haitian university at the time of the January 12, 2010,
earthquake. Such grants shall be used to provide social and educational
support services to such students.

SEC. 5. DEFINITIONS.

    For purposes of this Act:
            (1) Fees.--The term ``fees'' means--
                    (A) fees normally assessed a full-time student, as
                determined by an institution of higher education,
                including--
                            (i) costs for the rental or purchase of any
                        equipment, materials, or supplies required of
                        all students in the same course of study; and
                            (ii) an allowance for room and board at the
                        institution; and
                    (B) travel expenses to the institution from Haiti
                and, upon the completion of a degree at such
                institution, from the institution to Haiti.
            (2) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given the
        term in section 101 of the Higher Education Act of 1965 (20
        U.S.C. 1001).

Output: Haitian Educational Empowerment Act of 2010 - Directs the Secretary of State, through the Assistant Secretary of State for Educational and Cultural Affairs, to establish a scholarship program for qualifying Haitian undergraduate or graduate students whose studies were interrupted as a result of the January 12, 2010, earthquake.


Input:
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Drinking Water Protection Act''.
SEC. 2. AMENDMENT TO THE SAFE DRINKING WATER ACT.
    (a) Amendment.--Part E of the Safe Drinking Water Act (42 U.S.C.
300j et seq.) is amended by adding at the end the following new
section:
``SEC. 1459. ALGAL TOXIN RISK ASSESSMENT AND MANAGEMENT.
    ``(a) Strategic Plan.--
        ``(1) Development.--Not later than 90 days after the date of
    enactment of this section, the Administrator shall develop and
    submit to Congress a strategic plan for assessing and managing
    risks associated with algal toxins in drinking water provided by
    public water systems. The strategic plan shall include steps and
    timelines to--
            ``(A) evaluate the risk to human health from drinking water
        provided by public water systems contaminated with algal
        toxins;
            ``(B) establish, publish, and update a comprehensive list
        of algal toxins which the Administrator determines may have an
        adverse effect on human health when present in drinking water
        provided by public water systems, taking into account likely
        exposure levels;
            ``(C) summarize--
                ``(i) the known adverse human health effects of algal
            toxins included on the list published under subparagraph
            (B) when present in drinking water provided by public water
            systems; and
                ``(ii) factors that cause toxin-producing cyanobacteria
            and algae to proliferate and express toxins;
            ``(D) with respect to algal toxins included on the list
        published under subparagraph (B), determine whether to--
                ``(i) publish health advisories pursuant to section
            1412(b)(1)(F) for such algal toxins in drinking water
            provided by public water systems;
                ``(ii) establish guidance regarding feasible analytical
            methods to quantify the presence of algal toxins; and
                ``(iii) establish guidance regarding the frequency of
            monitoring necessary to determine if such algal toxins are
            present in drinking water provided by public water systems;
            ``(E) recommend feasible treatment options, including
        procedures, equipment, and source water protection practices,
        to mitigate any adverse public health effects of algal toxins
        included on the list published under subparagraph (B); and
            ``(F) enter into cooperative agreements with, and provide
        technical assistance to, affected States and public water
        systems, as identified by the Administrator, for the purpose of
        managing risks associated with algal toxins included on the
        list published under subparagraph (B).
        ``(2) Updates.--The Administrator shall, as appropriate, update
    and submit to Congress the strategic plan developed under paragraph
    (1).
    ``(b) Information Coordination.--In carrying out this section the
Administrator shall--
        ``(1) identify gaps in the Agency's understanding of algal
    toxins, including--
            ``(A) the human health effects of algal toxins included on
        the list published under subsection (a)(1)(B); and
            ``(B) methods and means of testing and monitoring for the
        presence of harmful algal toxins in source water of, or
        drinking water provided by, public water systems;
        ``(2) as appropriate, consult with--
            ``(A) other Federal agencies that--
                ``(i) examine or analyze cyanobacteria or algal toxins;
            or
                ``(ii) address public health concerns related to
            harmful algal blooms;
            ``(B) States;
            ``(C) operators of public water systems;
            ``(D) multinational agencies;
            ``(E) foreign governments;
            ``(F) research and academic institutions; and
            ``(G) companies that provide relevant drinking water
        treatment options; and
        ``(3) assemble and publish information from each Federal agency
    that has--
            ``(A) examined or analyzed cyanobacteria or algal toxins;
        or
            ``(B) addressed public health concerns related to harmful
        algal blooms.
    ``(c) Use of Science.--The Administrator shall carry out this
section in accordance with the requirements described in section
1412(b)(3)(A), as applicable.
    ``(d) Feasible.--For purposes of this section, the term `feasible'
has the meaning given such term in section 1412(b)(4)(D).''.
    (b) Report to Congress.--Not later than 90 days after the date of
enactment of this Act, the Comptroller General of the United States
shall prepare and submit to Congress a report that includes--
        (1) an inventory of funds--
            (A) expended by the United States, for each of fiscal years
        2010 through 2014, to examine or analyze toxin-producing
        cyanobacteria and algae or address public health concerns
        related to harmful algal blooms; and
            (B) that includes the specific purpose for which the funds
        were made available, the law under which the funds were
        authorized, and the Federal agency that received or spent the
        funds; and
        (2) recommended steps to reduce any duplication, and improve
    interagency coordination, of such expenditures.

                               Speaker of the House of Representatives.

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

Output: (This measure has not been amended since it was passed by the House on February 24, 2015.  Drinking Water Protection Act  (Sec. 2) This bill amends the Safe Drinking Water Act to direct the Environmental Protection Agency (EPA) to develop and submit to Congress a strategic plan for assessing and managing risks associated with algal toxins in drinking water provided by public water systems. Cyanobacteria, also known as blue-green algae, have the ability to produce cyanotoxins, or algal toxins. When certain conditions are favorable, algae can rapidly multiply causing blooms, or dense surface scums, that may be toxic. The plan must include steps and time lines to:  evaluate the risk to human health from drinking water contaminated with algal toxins;  establish, publish, and update a comprehensive list of algal toxins that may have an adverse effect on human health, taking into account likely exposure levels;  summarize the known adverse human health effects of algal toxins and the factors that cause toxin-producing cyanobacteria and algae to grow rapidly and make toxins;  determine whether to publish health advisories for algal toxins and establish guidance regarding feasible analytical methods to quantify the presence of algal toxins and guidance regarding the frequency of monitoring necessary to determine if the algal toxins are present;  recommend feasible treatment options, including procedures, equipment, and source water protection practices; and  enter into cooperative agreements with, and provide technical assistance to, affected states and public water systems to manage risks associated with algal toxins.    The EPA must update and resubmit the plan as appropriate.  The EPA must identify gaps in its understanding of algal toxins. It must also assemble and publish information from each agency that has examined or analyzed cyanobacteria or algal toxins or addressed public health concerns related to harmful algal blooms. The Government Accountability Office must submit to Congress an inventory of funds expended by the United States for each of FY2010 through 2014 to examine or analyze toxin-producing cyanobacteria and algae or address public health concerns related to harmful algal blooms. The inventory must include the specific purpose for which the funds were made available, the law under which the funds were authorized, and the agency that received or spent the funds.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guardsmen and Reservist Employer Tax
Act of 2003''.

SEC. 2. CREDIT FOR EMPLOYMENT OF RESERVE COMPONENT PERSONNEL.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:

``SEC. 45G. RESERVE COMPONENT EMPLOYMENT CREDIT.

    ``(a) General Rule.--For purposes of section 38, the reserve
component employment credit determined under this section is an amount
equal to the sum of--
            ``(1) the employment credit with respect to all qualified
        employees of the taxpayer, plus
            ``(2) the self-employment credit of a qualified self-
        employed taxpayer.
    ``(b) Employment Credit.--For purposes of this section--
            ``(1) In general.--The employment credit with respect to a
        qualified employee of the taxpayer for any taxable year is
        equal to the excess, if any, of--
                    ``(A) the qualified employee's average daily
                qualified compensation for the taxable year, over
                    ``(B) the average daily military pay and allowances
                received by the qualified employee during the taxable
                year,
        while participating in qualified reserve component duty to the
        exclusion of the qualified employee's normal employment duties
        for the number of days the qualified employee participates in
        qualified reserve component duty during the taxable year,
        including time spent in a travel status. The employment credit,
        with respect to all qualified employees, is equal to the sum of
        the employment credits for each qualified employee under this
        subsection.
            ``(2) Average daily qualified compensation and average
        daily military pay and allowances.--As used with respect to a
        qualified employee--
                    ``(A) the term `average daily qualified
                compensation' means the qualified compensation of the
                qualified employee for the taxable year divided by the
                difference between--
                            ``(i) 365, and
                            ``(ii) the number of days the qualified
                        employee participates in qualified reserve
                        component duty during the taxable year,
                        including time spent in a travel status, and
                    ``(B) the term `average daily military pay and
                allowances' means--
                            ``(i) the amount paid to the qualified
                        employee during the taxable year as military
                        pay and allowances on account of the qualified
                        employee's participation in qualified reserve
                        component duty, divided by
                            ``(ii) the total number of days the
                        qualified employee participates in qualified
                        reserve component duty, including time spent in
                        travel status.
            ``(3) Qualified compensation.--When used with respect to
        the compensation paid or that would have been paid to a
        qualified employee for any period during which the qualified
        employee participates in qualified reserve component duty, the
        term `qualified compensation' means--
                    ``(A) compensation which is normally contingent on
                the qualified employee's presence for work and which
                would be deductible from the taxpayer's gross income
                under section 162(a)(1) if the qualified employee were
                present and receiving such compensation,
                    ``(B) compensation which is not characterized by
                the taxpayer as vacation or holiday pay, or as sick
                leave or pay, or as any other form of pay for a
                nonspecific leave of absence, and with respect to which
                the number of days the qualified employee participates
                in qualified reserve component duty does not result in
                any reduction in the amount of vacation time, sick
                leave, or other nonspecific leave previously credited
                to or earned by the qualified employee, and
                    ``(C) group health plan costs (if any) with respect
                to the qualified employee.
            ``(4) Qualified employee.--The term `qualified employee'
        means a person who--
                    ``(A) has been an employee of the taxpayer for the
                21-day period immediately preceding the period during
                which the employee participates in qualified reserve
                component duty, and
                    ``(B) is a member of the Ready Reserve of a reserve
                component of an Armed Force of the United States as
                defined in sections 10142 and 10101 of title 10, United
                States Code.
    ``(c) Self-Employment Credit.--
            ``(1) In general.--The self-employment credit of a
        qualified self-employed taxpayer for any taxable year is equal
        to the excess, if any, of--
                    ``(A) the self-employed taxpayer's average daily
                self-employment income for the taxable year over, and
                    ``(B) the average daily military pay and allowances
                received by the taxpayer during the taxable year, while
                participating in qualified reserve component duty to
                the exclusion of the taxpayer's normal self-employment
                duties for the number of days the taxpayer participates
                in qualified reserve component duty during the taxable
                year, including time spent in a travel status.
            ``(2) Average daily self-employment income and average
        daily military pay and allowances.--As used with respect to a
        self-employed taxpayer--
                    ``(A) the term `average daily self-employment
                income' means the self-employment income (as defined in
                section 1402) of the taxpayer for the taxable year plus
                the amount paid for insurance which constitutes medical
                care for the taxpayer for such year (within the meaning
                of section 162(l)) divided by the difference between--
                            ``(i) 365, and
                            ``(ii) the number of days the taxpayer
                        participates in qualified reserve component
                        duty during the taxable year, including time
                        spent in a travel status, and
                    ``(B) the term `average daily military pay and
                allowances' means--
                            ``(i) the amount paid to the taxpayer
                        during the taxable year as military pay and
                        allowances on account of the taxpayer's
                        participation in qualified reserve component
                        duty, divided by
                            ``(ii) the total number of days the
                        taxpayer participates in qualified reserve
                        component duty, including time spent in travel
                        status.
            ``(3) Qualified self-employed taxpayer.--The term
        `qualified self-employed taxpayer' means a taxpayer who--
                    ``(A) has net earnings from self-employment (as
                defined in section 1402) for the taxable year, and
                    ``(B) is a member of the Ready Reserve of a reserve
                component of an Armed Force of the United States.
    ``(d) Credit in Addition to Deduction.--The employment credit
provided in this section is in addition to any deduction otherwise
allowable with respect to compensation actually paid to a qualified
employee during any period the qualified employee participates in
qualified reserve component duty to the exclusion of normal employment
duties.
    ``(e) Limitations.--
            ``(1) Maximum credit.--
                    ``(A) In general.--The credit allowed by subsection
                (a) for the taxable year shall not exceed $25,000 with
                respect to each qualified employee.
                    ``(B) Controlled groups.--For purposes of applying
                the limitation in subparagraph (A)--
                            ``(i) all members of a controlled group
                        shall be treated as one taxpayer, and
                            ``(ii) such limitations shall be allocated
                        among the members of such group in such manner
                        as the Secretary may prescribe.
                For purposes of this subparagraph, all persons treated
                as a single employer under subsection (a) or (b) of
                section 52 or subsection (m) or (o) of section 414
                shall be treated as members of a controlled group.
            ``(2) Disallowance for failure to comply with employment or
        reemployment rights of members of the reserve components of the
        armed forces of the united states.--No credit shall be allowed
        under subsection (a) to a taxpayer for--
                    ``(A) any taxable year in which the taxpayer is
                under a final order, judgment, or other process issued
                or required by a district court of the United States
                under section 4323 of title 38 of the United States
                Code with respect to a violation of chapter 43 of such
                title, and
                    ``(B) the 2 succeeding taxable years.
            ``(3) Disallowance with respect to persons ordered to
        active duty for training.--No credit shall be allowed under
        subsection (a) to a taxpayer with respect to any period for
        which the person on whose behalf the credit would otherwise be
        allowable is called or ordered to active duty for any of the
        following types of duty:
                    ``(A) active duty for training under any provision
                of title 10, United States Code,
                    ``(B) training at encampments, maneuvers, outdoor
                target practice, or other exercises under chapter 5 of
                title 32, United States Code, or
                    ``(C) full-time National Guard duty, as defined in
                section 101(d)(5) of title 10, United States Code.
    ``(f) General Definitions and Special Rules.--
            ``(1) Military pay and allowances.--The term `military pay'
        means pay as that term is defined in section 101(21) of title
        37, United States Code, and the term `allowances' means the
        allowances payable to a member of the Armed Forces of the
        United States under chapter 7 of that title.
            ``(2) Qualified reserve component duty.--The term
        `qualified reserve component duty' includes only active duty
        performed, as designated in the reservist's military orders, in
        support of a contingency operation as defined in section
        101(a)(13) of title 10, United States Code.
            ``(3) Normal employment and self-employment duties.--A
        person shall be deemed to be participating in qualified reserve
        component duty to the exclusion of normal employment or self-
        employment duties if the person does not engage in or undertake
        any substantial activity related to the person's normal
        employment or self-employment duties while participating in
        qualified reserve component duty unless in an authorized leave
        status or other authorized absence from military duties. If a
        person engages in or undertakes any substantial activity
        related to the person's normal employment or self-employment
        duties at any time while participating in a period of qualified
        reserve component duty, unless during a period of authorized
        leave or other authorized absence from military duties, the
        person shall be deemed to have engaged in or undertaken such
        activity for the entire period of qualified reserve component
        duty.
            ``(4) Certain rules to apply.--Rules similar to the rules
        of subsections (c), (d), and (e) of section 52 shall apply for
        purposes of this section.''.
    (b) Conforming Amendment.--Section 38(b) (relating to general
business credit) is amended--
            (1) by striking ``plus'' at the end of paragraph (14),
            (2) by striking the period at the end of paragraph (15) and
        inserting ``, plus'', and
            (3) by adding at the end the following new paragraph:
            ``(16) the reserve component employment credit determined
        under section 45G(a).''.
    (c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 is amended by inserting after the
item relating to section 45F the following new item:

`` 45G. Reserve component employment credit.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.

Output: Guardsmen and Reservist Employer Tax Act of 2003 - Amends the Internal Revenue Code to provide a reserve component employment credit equal to the sum of the employment credit with respect to all qualified employees of the taxpayer and the self-employment credit of a qualified self-employed taxpayer. Limits the credit to $25,000 for each qualified employee. Disallows the credit for failure to comply with reserve member employment or reemployment rights, or when a reserve member is called or ordered to active duty for training.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Access to Timely Medical
Appointments Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Secretary of Veterans Affairs is statutorily
        obligated to provide eligible individuals who served in the
        Armed Forces with access to health care and benefits provided
        by the Department of Veterans Affairs related to such service.
            (2) The Secretary has given the Department the goal of
        scheduling a primary care medical appointment within seven days
        of the date requested by the patient and or the provider and
        scheduling a specialty care medical appointment within fourteen
        days of the date requested by the patient and or the provider.
            (3) The ability of the Secretary to accurately schedule and
        provide timely access to medical appointments is critical to
        ensure the health care needs of veterans are met and medical
        conditions do not worsen because of delays in receiving medical
        treatment.
            (4) An audit by the Comptroller General of the United
        States found that medical appointment wait times reported by
        the Veterans Health Administration of the Department are
        unreliable.
            (5) The Comptroller General found that without reliable
        measurement of how long patients are waiting for medical
        appointments, the Secretary is not able to identify areas that
        need improvement and therefore cannot mitigate problems that
        contribute to wait times.
            (6) The Comptroller General found that the unreliable data
        and measures for wait times create a discrepancy between the
        positive results the Department publishes and what veterans
        actually experience.
            (7) The Comptroller General found that the Veterans Health
        Administration inconsistently implements its scheduling policy
        across medical centers of the Department, which impedes
        scheduling timely medical appointments.
            (8) The Comptroller General found that oversight of
        compliance with such scheduling policy, such as ensuring the
        completion of required scheduler training, was inconsistent
        across facilities.
            (9) The Comptroller General found that the management by
        the Secretary of telephone service, including lack of staff
        dedicated to answering phones and unreturned phone calls,
        impede veterans' access to timely medical appointments.
            (10) Among the four medical centers of the Department
        reviewed by the Comptroller General, patient complaints
        regarding unreturned phone calls ranked among the top two
        categories of complaints during fiscal year 2012.
            (11) The Comptroller General found that in January 2012,
        the Veterans Health Administration distributed best practices
        for telephone access that, if implemented, could help improve
        telephone access to clinical care.
            (12) The Secretary is not meeting the statutory obligations
        of the Secretary to provide veterans with timely access to
        medical appointments so that such veterans can receive benefits
        and health care by the Department in a timely manner.

SEC. 3. IMPROVEMENT OF MEDICAL APPOINTMENT SCHEDULING POLICY FOR
              VETERANS.

    (a) Standardized Scheduling Policy.--
            (1) In general.--Not later than 180 days after the date of
        the enactment of this Act, the Secretary of Veterans Affairs
        shall implement a standardized policy to ensure that a veteran
        enrolled in the health care system established under section
        1705(a) of title 38, United States Code, is able to schedule--
                    (A) primary care medical appointments within seven
                days of the date requested by the veteran or the health
                care provider on behalf of the veteran; and
                    (B) specialty care medical appointments within 14
                days of the date requested by the veteran or the health
                care provider on behalf of the veteran.
            (2) Implementation.--In implementing the policy under
        paragraph (1), the Secretary shall--
                    (A) ensure that such policy--
                            (i) will not be subject to interpretation
                        or prone to scheduler error; and
                            (ii) provides the Secretary with reliable
                        data regarding the length of time that veterans
                        are waiting for appointments described in
                        paragraph (1) that the Secretary can use to
                        accurately report the performance of the policy
                        as compared to the goals of the policy;
                    (B) ensure that the Veterans Health Administration
                carries out uniform procedures with respect to such
                policy;
                    (C) issue detailed guidance to the directors of the
                Veterans Integrated Service Networks to ensure the
                consistent implementation of such policy at each
                medical center and other related facilities of the
                Department;
                    (D) ensure that only employees of the Department
                who have completed required training are allowed to
                schedule medical appointments; and
                    (E) make public annual performance reports for each
                Veterans Integrated Service Network with respect to
                such policy.
    (b) Resource Allocation.--
            (1) Assessment.--Not later than 180 days after the date of
        the enactment of this Act, and each 180-day period thereafter,
        the Secretary shall assess the resources of each Veterans
        Integrated Service Network to determine the ability of the
        Network to meet the scheduling requirements described in
        subsection (a)(1).
            (2) Allocation.--The Secretary may reprogram funds and
        allocate or transfer staff and other resources within the
        Veterans Health Administration and the Veterans Integrated
        Service Network to ensure that each Network meets the
        scheduling requirements described in subsection (a)(1).
            (3) Notification.--The Secretary shall notify Congress of
        any reprogramming made pursuant to paragraph (2).
    (c) Phone Access.--The Secretary shall direct each medical center
of the Department to provide oversight of telephone access and
implement the best practices outlined in the telephone systems
improvement guide of the Veterans Health Administration, including, at
a minimum, practices to ensure that--
            (1) calls are answered in a timely manner and the messages
        of patients will have a return call not later than 24 hours
        after the patient leaves the message; and
            (2) a call center at each such medical center is properly
        staffed to meet the needs of the veteran population served by
        the medical center.
    (d) Inspector General Report.--The Inspector General of the
Department of Veterans Affairs, in consultation with veterans service
organizations, shall submit to Congress an annual report on the
progress of the Secretary of Veterans Affairs in implementing this Act.
Each such report shall include, for the time period covered by the
report, each of the following:
            (1) An assessment of the reliability of data regarding the
        wait times for appointments described in paragraph (1) of
        subsection (a) as required by paragraph (2)(A)(ii) of such
        subsection.
            (2) An assessment of the extent to which the Secretary met
        the telephone call timeframes as required by subsection (c).
            (3) An assessment of the extent to which medical
        appointments scheduled at Department medical facilities reflect
        the date that the veteran (or health care provider on behalf of
        the veteran) requests for such appoint.
            (4) As assessment of the extent to which medical
        appointments scheduled at Department medical facilities were
        not changed within the scheduling system of the Veterans Health
        Administration unless such changes were requested by the
        veteran (or health care provider on behalf of the veteran).

Output: Veterans Access to Timely Medical Appointments Act - Directs the Secretary of Veterans Affairs to implement a standardized policy to ensure that veterans enrolled in the Department of Veterans Affairs (VA) health care system are able to schedule: (1) primary care medical appointments within 7 days of the date requested, and (2) specialty care medical appointments within 14 days of the date requested. Directs the Secretary to: (1) ensure that such policy will provide reliable data regarding the length of time that veterans are waiting for such appointments, (2) issue detailed guidance to the directors of the Veterans Integrated Service Networks to ensure the consistent implementation of such policy, (3) ensure that only VA employees who have completed required training are allowed to schedule medical appointments, and (4) assess the resources of each Network every 180 days to determine the Network's ability to meet such scheduling requirements.  Requires the Secretary to direct each VA medical center to provide oversight of telephone access and implement the best practices outlined in the VA telephone systems improvement guide, including practices to ensure that: (1) calls are answered in a timely manner and patient messages will have a return call within 24 hours, and (2) a call center at each such center is properly staffed to meet the needs of the veteran population served. Directs the Inspector General of the VA to submit an annual report on the Secretary's progress in implementing this Act.


Input:
SECTION 1. CONVEYANCE OF PROPERTY.

    (a) Conveyance.--Upon the tendering of $500,100 on behalf of the
State of California and the release of the United States by the State
of California from any liability for claims relating to the property
described in subsection (b), all right, title, and interest of the
United States in and to such property and improvements thereon are
conveyed to the Department of Health Services of the State of
California, except that the property shall revert to the United States
if the property is not used as a low-level radioactive waste disposal
facility.
    (b) Legal Description.--The lands conveyed are: San Bernardino
Meridian, Township 9 North, Range 19 East--
            Section 26, the southwest quarter of the southwest quarter;
            Section 27, the south half of the south half;
            Section 34, all;
            Section 35, the west half of the west half.
    (c) Title.--The Secretary of the Interior shall issue evidence of
title pursuant to this Act notwithstanding any other provision of law.
The Southwestern Low-Level Radioactive Waste Disposal Compact's Ward
Valley regional disposal facility and transfer of property under
subsection (a) are in compliance with any applicable provisions of
section 1713 of title 43, United States Code, section 4332 of title 42,
United States Code, and section 1536 of title 16, United States Code.
    (d) Deposit of Funds.--Sums received pursuant to subsection (a)
shall be deposited as miscellaneous receipts in the Treasury of the
United States.
    (e) Termination of Authority.--The authority to make the conveyance
described in subsection (a) expires October 1, 2010.

SEC. 2. CONVEYANCE OF EASEMENTS.

    (a) In General.--Concurrent with the conveyance of the property
described in section 1(b) to the Department of Health Services of the
State of California, all necessary easements for utilities and ingress
and egress to such property and the right to improve those easements,
are also conveyed to the Department of Health Services of the State of
California, except that the Department of Health Services right-of-way
easements shall revert to the United States if the property is not
licensed and used as a low-level radioactive waste disposal facility.
    (b) Legal Description.--The legal description of the property
subject to the easements described in subsection (a) is as follows: A
parcel of land lying within the NE\1/4\ of section 34, the SE\1/4\ of
section 27 and the W\1/2\ of section 26, township 9 north, range 19
east of the San Bernardino meridian, San Bernardino County, California,
being more particularly described as follows: Commencing at the
northeast corner of said section 34; thence south 88 degrees 02 minutes
29 seconds west along the north line of said section 34 a distance of
758.5 feet; thence south 01 degrees, 57 minutes, 31 seconds east a
distance of 25.00 feet; thence south 09 degrees, 05 minutes, 35 seconds
east a distance of 131.67 feet to the point of beginning; thence
continuing south 09 degrees 05 minutes 35 seconds east a distance of
60.75 feet; thence south 90 degrees 00 minutes 00 seconds east a
distance of 285.52 feet, to a point of curve; thence along said curve
to the right, having a radius of 32.00 feet and a central angle of 98
degrees 59 minutes 49 seconds, an arc distance of 55.26 feet to a point
of tangent; thence south 08 degrees 56 minutes 49 seconds west along
said tangent a distance of 30.00 feet; thence south 81 degrees 03
minutes 11 seconds east a distance of 60.00 feet; thence north 08
degrees 56 minutes 49 seconds east a distance of 308.02 feet to a point
on the south line of said section 27; thence continuing north 08
degrees 56 minutes 49 seconds east a distance of 1,948.10 feet to a
point on the west line of said section 26; thence continuing north 08
degrees 56 minutes 49 seconds east a distance of 2,101.87 feet to a
point on the southerly right-of-way line of a frontage road for
Interstate 40; thence south 69 degrees 25 minutes 11 seconds west along
said southerly right-of-way line a distance of 209.58 feet, to a point
of curve; thence easterly along said curve to the right the center of
which bears south 20 degrees 33 minutes 49 seconds east, having a
radius of 82.00 feet and a central angle of 119 degrees 30 minutes 38
seconds an arc distance of 171.04 feet to a point of tangent; thence
south 08 degrees 56 minutes 49 seconds west a distance of 1,615.36 feet
to a point on the east line of said section 27; thence continuing south
08 degrees 56 minutes 49 seconds west a distance of 2271.35 feet to a
point on the north line of said section 34; thence continuing south 08
degrees 56 minutes 49 seconds west a distance of 111.02 feet to a point
of curve; thence south along said curve to the right, having a radius
of 67.00 feet and a central angle of 81 degrees 03 minutes 11 seconds,
an arc distance of 94.78 feet to a point of tangent; thence north 90
degrees 00 minutes 00 seconds west along said tangent a distance of
265.52 feet to the point of beginning, containing an area of 6.55 acres
more or less.

Output:
Conveys all right, title, and interest of the United States to specified property in San Bernardino County, California, to the Department of Health Services of such State for use as a low-level radioactive waste disposal facility, upon the tendering of $500,100 on behalf of California and the release of the United States from any liability for claims relating to such property.  Terminates the authority to make such conveyance on October 1, 2010.
Conveys concurrently to the Department necessary easements for utilities and ingress and egress to such property and the right to improve them.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nonprofit Athletic Organization
Protection Act of 2003''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Economic loss.--The term ``economic loss'' means any
        pecuniary loss resulting from harm (including the loss of
        earnings or other benefits related to employment, medical
        expense loss, replacement services loss, loss due to death,
        burial costs, and loss of business or employment opportunities)
        to the extent recovery for such loss is allowed under
        applicable State law.
            (2) Harm.--The term ``harm'' includes physical,
        nonphysical, economic, and noneconomic losses.
            (3) Noneconomic loss.--The term ``noneconomic loss'' means
        any loss resulting from physical and emotional pain, suffering,
        inconvenience, physical impairment, mental anguish,
        disfigurement, loss of enjoyment of life, loss of society and
        companionship, loss of consortium (other than loss of domestic
        service), hedonic damages, injury to reputation, and all other
        nonpecuniary losses of any kind or nature.
            (4) Nonprofit organization.--The term ``nonprofit
        organization'' means--
                    (A) any organization which is described in section
                501(c)(3) of the Internal Revenue Code of 1986 and
                exempt from tax under section 501(a) of such Code; or
                    (B) any not-for-profit organization which is
                organized and conducted for public benefit and operated
                primarily for charitable, civic, educational,
                religious, welfare, or health purposes.
            (5) Nonprofit athletic organization.--The term ``nonprofit
        athletic organization'' means a nonprofit organization that has
        as one of its primary functions the adoption of rules for
        sanctioned or approved athletic competitions and practices. The
        term includes the employees, agents, and volunteers of such
        organization, provided such individuals are acting within the
        scope of their duties with the nonprofit athletic organization.
            (6) State.--The term ``State'' includes the District of
        Columbia, and any commonwealth, territory, or possession of the
        United States.

SEC. 3. LIMITATION ON LIABILITY FOR NONPROFIT ATHLETIC ORGANIZATIONS.

    (a) Liability Protection for Nonprofit Athletic Organizations.--
Except as provided in subsections (b) and (c), a nonprofit athletic
organization shall not be liable for harm caused by an act or omission
of the nonprofit athletic organization in the adoption of rules for
sanctioned or approved athletic competitions or practices if--
            (1) the nonprofit athletic organization was acting within
        the scope of the organization's duties at the time of the
        adoption of the rules at issue;
            (2) the nonprofit athletic organization was, if required,
        properly licensed, certified, or authorized by the appropriate
        authorities for the competition or practice in the State in
        which the harm occurred or where the competition or practice
        was undertaken; and
            (3) the harm was not caused by willful or criminal
        misconduct, gross negligence, or reckless misconduct on the
        part of the nonprofit athletic organization.
    (b) Responsibility of Employees, Agents, and Volunteers to
Nonprofit Athletic Organizations.--Nothing in this section shall be
construed to affect any civil action brought by any nonprofit athletic
organization against any employee, agent, or volunteer of such
organization.
    (c) Exceptions to Nonprofit Athletic Organization Liability
Protection.--If the laws of a State limit nonprofit athletic
organization liability subject to one or more of the following
conditions, such conditions shall not be construed as inconsistent with
this section:
            (1) A State law that requires a nonprofit athletic
        organization to adhere to risk management procedures, including
        mandatory training of its employees, agents, or volunteers.
            (2) A State law that makes the nonprofit athletic
        organization liable for the acts or omissions of its employees,
        agents, and volunteers to the same extent as an employer is
        liable for the acts or omissions of its employees.
            (3) A State law that makes a limitation of liability
        inapplicable if the civil action was brought by an officer of a
        State or local government pursuant to State or local law.

SEC. 4. PREEMPTION.

    This Act preempts the laws of any State to the extent that such
laws are inconsistent with this Act, except that this Act shall not
preempt any State law that provides additional protection from
liability relating to the rule-making activities of nonprofit athletic
organizations.

SEC. 5. EFFECTIVE DATE.

    (a) In General.--This Act shall take effect on the date of
enactment of this Act.
    (b) Application.--This Act applies to any claim for harm caused by
an act or omission of a nonprofit athletic organization that is filed
on or after the effective date of this Act but only if the harm that is
the subject of the claim or the conduct that caused the harm occurred
on or after such effective date.

Output:
Nonprofit Athletic Organization Protection Act of 2003 - Exempts a nonprofit athletic organization from liability for harm caused by an act or omission in the adoption of rules for sanctioned or approved athletic competitions or practices if: (1) the organization was acting within the scope of its duties; (2) the organization was properly licensed, certified, or authorized for the competition or practice; and (3) the harm was not caused by the organization's willful or criminal misconduct, gross negligence, or reckless misconduct.

States that this exemption shall not be construed to affect civil actions brought by nonprofit athletic organizations against their employees, agents, or volunteers.

Makes exceptions where State law: (1) requires such an organization to adhere to risk management procedures, including mandatory training; (2) makes the organization liable for the acts or omissions of its employees, agents, and volunteers to the same extent as an employer is liable for its employees; and (3) makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government.

Preempts inconsistent State laws except for those that provide additional protections from liability relating to the rule-making activities of nonprofit athletic organizations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Acquired Bone Marrow Failure Disease
Research and Treatment Act of 2010''.

SEC. 2. ACQUIRED BONE MARROW FAILURE DISEASE RESEARCH.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317T the following:

``SEC. 317U. ACQUIRED BONE MARROW FAILURE DISEASE RESEARCH.

    ``(a) In General.--The Secretary may conduct research on acquired
bone marrow failure diseases. Such research may address factors
including--
            ``(1) trends in the characteristics of individuals who are
        diagnosed with acquired bone marrow failure diseases, including
        age, race and ethnicity, general geographic location, sex,
        family history, and any other characteristics determined
        appropriate by the Secretary;
            ``(2) the genetic and environmental factors, including
        exposure to toxins, that may be associated with developing
        acquired bone marrow failure diseases;
            ``(3) approaches to treating acquired bone marrow failure
        diseases;
            ``(4) outcomes for individuals treated for acquired bone
        marrow failure diseases, including outcomes for recipients of
        stem cell therapeutic products; and
            ``(5) any other factors pertaining to acquired bone marrow
        failure diseases determined appropriate by the Secretary.
    ``(b) Collaboration With the Radiation Injury Treatment Network.--
In carrying out subsection (a), the Secretary may collaborate with the
Radiation Injury Treatment Network of the C.W. Bill Young Cell
Transplantation Program established pursuant to section 379 to--
            ``(1) augment data for the studies under such subsection;
            ``(2) access technical assistance that may be provided by
        the Radiation Injury Treatment Network; or
            ``(3) perform joint research projects.
    ``(c) Definition.--In this section, the term `acquired bone marrow
failure disease' means--
            ``(1) myelodysplastic syndromes (MDS);
            ``(2) aplastic anemia;
            ``(3) paroxysmal nocturnal hemoglobinuria (PNH);
            ``(4) pure red cell aplasia;
            ``(5) acute myeloid leukemia that has progressed from
        myelodysplastic syndromes;
            ``(6) large granular lymphocytic leukemia; or
            ``(7) any other bone marrow failure disease specified by
        the Secretary, to the extent such disease is acquired and not
        inherited, as determined by the Secretary.''.

SEC. 3. MINORITY-FOCUSED PROGRAMS ON ACQUIRED BONE MARROW FAILURE
              DISEASES.

    Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) is amended by inserting after section 1707A the following:

``SEC. 1707B. MINORITY-FOCUSED PROGRAMS ON ACQUIRED BONE MARROW FAILURE
              DISEASES.

    ``(a) Information and Referral Services.--
            ``(1) In general.--The Secretary may establish and
        coordinate outreach and informational programs targeted to
        minority populations, including Hispanic, Asian-American,
        Native Hawaiian, and Pacific Islander populations, that are
        affected by acquired bone marrow failure diseases.
            ``(2) Program activities.--Programs under subsection (a)
        may carry out activities that include--
                    ``(A) making information about treatment options
                and clinical trials for acquired bone marrow failure
                diseases publicly available; and
                    ``(B) providing referral services for treatment
                options and clinical trials.
    ``(b) Definition.--In this section, the term `acquired bone marrow
failure disease' has the meaning given such term in section 317U(c).''.

SEC. 4. BEST PRACTICES FOR DIAGNOSIS OF AND CARE FOR INDIVIDUALS WITH
              ACQUIRED BONE MARROW FAILURE DISEASES.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.), as amended by section 2, is further amended by inserting
after section 317U the following:

``SEC. 317V. BEST PRACTICES FOR DIAGNOSIS OF AND CARE FOR INDIVIDUALS
              WITH ACQUIRED BONE MARROW FAILURE DISEASES.

    ``(a) Grants.--The Secretary, acting through the Director of the
Agency for Healthcare Research and Quality, may award grants to
researchers to study best practices with respect to diagnosing acquired
bone marrow failure diseases and providing care to individuals with
such diseases.
    ``(b) Definition.--In this section, the term `acquired bone marrow
failure disease' has the meaning given such term in section 317U(c).''.

            Passed the House of Representatives September 30
      (legislative day September 29), 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
Acquired Bone Marrow Failure Disease Research and Treatment Act of 2010 - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services (HHS) to conduct research on acquired bone marrow failure diseases, which may address factors including: (1) trends in the characteristics of individuals who are diagnosed with such diseases, including age, race and ethnicity, general geographic location, sex, and family history; (2) the genetic and environmental factors, including exposure to toxins, that may be associated with developing such diseases; (3) approaches to treating such diseases; and (4) outcomes for individuals treated for such diseases, including outcomes for recipients of stem cell therapeutic products.

Authorizes the Secretary to collaborate with the Radiation Injury Treatment Network of the C.W. Bill Young Cell Transplantation Program to: (1) augment data for studies; (2) access technical assistance that may be provided by the Network; or (3) perform joint research projects.

(Sec. 3) Authorizes the Secretary to establish and coordinate outreach and informational programs targeted to minority populations, including Hispanic, Asian-American, Native Hawaiian, and Pacific Islander populations, that are affected by acquired bone marrow failure diseases. Includes among program activities: (1) making information about treatment options and clinical trials for such diseases publicly available; and (2) providing referral services for treatment options and clinical trials.

(Sec. 4) Authorizes the Secretary, acting through the Director of the Agency for Healthcare Research and Quality, to award grants to researchers to study best practices with respect to diagnosing acquired bone marrow failure diseases and providing care to individuals with such diseases.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safety Over Secrecy Act of 2014''.

SEC. 2. RESTRICTIONS ON CERTAIN CONFIDENTIALITY AGREEMENTS IN
              SETTLEMENTS.

    (a) In General.--Chapter 111 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1660. Restrictions on certain confidentiality agreements in
              settlements
    ``(a) Definition.--In this section, the term `hazard to public
safety or health' means an activity, substance, or condition that has a
potential to cause harm to the health or safety of the public.
    ``(b) Disclosure in General.--
            ``(1) In general.--Except as provided in paragraph (2), a
        court may not approve or order the enforcement of any provision
        in a settlement agreement, or other agreement relating to a
        settlement, between or among parties in a civil suit if--
                    ``(A) a pleading filed in the suit alleges facts
                that are relevant to protecting the public from a
                hazard to public safety or health; and
                    ``(B) the provision prohibits a party from--
                            ``(i) disclosing the fact that the
                        settlement was reached;
                            ``(ii) disclosing the terms of the
                        settlement, other than the amount of money, if
                        any, paid under the settlement;
                            ``(iii) discussing the suit or evidence
                        produced in the suit; or
                            ``(iv) otherwise discussing the hazard to
                        public safety or health.
            ``(2) Balance of interests.--
                    ``(A) In general.--On a motion by a party to an
                agreement described in paragraph (1), a court may
                approve or order the enforcement of a provision
                described in paragraph (1)(B), despite the fact that a
                pleading described in paragraph (1)(A) is filed in the
                suit, if the court, based on an independent finding of
                fact, determines that--
                            ``(i) the public interest in the disclosure
                        of facts that are relevant to protecting the
                        public from a hazard to public safety or health
                        is outweighed by a specific and substantial
                        interest in maintaining the confidentiality of
                        the information or records that are covered by
                        the provision; and
                            ``(ii) the requested order is no broader
                        than necessary to protect the specific and
                        substantial interest in maintaining
                        confidentiality described in clause (i).
                    ``(B) Considerations.--With respect to the
                balancing of interests described in subparagraph
                (A)(i)--
                            ``(i) there shall be a rebuttable
                        presumption that the interest in protecting
                        financial, medical, or other similar personal
                        information relating to an identifiable
                        individual outweighs the public interest
                        described in subparagraph (A)(i);
                            ``(ii) a general interest in the settlement
                        of disputes may not serve as a specific and
                        substantial interest described in subparagraph
                        (A)(i); and
                            ``(iii) a court may redact language in a
                        settlement agreement, in order to accommodate--
                                    ``(I) the privacy of personal
                                information; and
                                    ``(II) the public benefit of
                                awareness of hazards to public safety
                                and health.
    ``(c) Disclosure to Federal or State Agencies.--
            ``(1) In general.--A court may not approve or order the
        enforcement of any provision of a settlement agreement, or
        other agreement relating to a settlement, between or among
        parties in a civil suit if--
                    ``(A) a pleading filed in the suit alleges facts
                that are relevant to protecting the public from a
                hazard to public safety or health; and
                    ``(B) the provision prohibits or otherwise
                restricts a party from disclosing a fact described in
                subparagraph (A) to a Federal or State agency with
                authority to enforce a law or regulate an activity
                relating to that fact.
            ``(2) Confidentiality maintained.--The confidentiality of a
        fact described in paragraph (1)(A) that is disclosed to a
        Federal or State agency described in paragraph (1)(B) shall be
        protected to the extent otherwise provided under any other law,
        regulation, or agreement.''.
    (b) Technical and Conforming Amendment.--The table of sections for
chapter 111 of title 28, United States Code, is amended by adding at
the end the following:

``1660. Restrictions on certain confidentiality agreements in
                            settlements.''.

Output: Safety Over Secrecy Act of 2014 - Amends the federal judicial code to prohibit courts, except when balancing confidentiality interests against public awareness interests in response to a party's motion, from approving or ordering the enforcement of any provision of a settlement agreement in a civil suit if: (1) a pleading in the suit alleges facts relevant to protecting the public from a hazard to public safety or health; and (2) the provision prohibits a party from disclosing settlement terms (other than the amount of any money paid under the settlement) or from discussing the suit, evidence produced in the suit, or the hazard to public safety or health.  Defines "hazard to public safety or health" as an activity, substance, or condition that has a potential to cause harm to the health or safety of the public.  Authorizes a court, upon a motion by a party to the settlement agreement, to approve or order enforcement of such a provision if: (1) the public interest in disclosure of facts relevant to protecting the public is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records, and (2) the requested order is no broader than necessary to protect such confidentiality.  Establishes a rebuttable presumption that the interest in protecting financial, medical, or other similar personal information relating to an identifiable individual outweighs the public interest in disclosure. Permits courts to redact language to accommodate personal privacy and public awareness. Prohibits courts from approving or ordering the enforcement of a settlement agreement provision in a civil suit that includes allegations concerning public safety and health hazards if the provision restricts a party from disclosing such information to a federal or state agency with law enforcement or regulatory authority over related activity. Requires facts disclosed to a federal or state agency to be protected as confidential under any other laws, regulations, or agreements.


Input:
SECTION 1. FINDINGS.

    Congress finds the following:
            (1) Twice since 1989, the northwestern coast of Maui,
        Hawaii, has been plagued with massive blooms of the green alga,
        Cladorphora sericea. Blooms of the red alga, Hypnea
        musciformis, have also occurred in the area and in the Kihei
        area.
            (2) The algal blooms have destroyed corals and other reef-
        building organisms, and have washed up on beaches and severely
        impeded the recreational use of affected coastal areas.
            (3) The algal blooms are particularly detrimental to the
        natural ecological balance of the near-shore reef environment.
            (4) Although the specific causes of the algal blooms are
        uncertain, algal growth is stimulated in a proportional manner
        by concentrations of chemicals such as fertilizers and
        insecticides, which enter the ocean through freshwater runoff.
            (5) The Department of Health of the State of Hawaii has
        indicated that the department does not have the resources at
        this time to determine the cause of the algal blooms.
            (6) Extensive research will be required to determine the
        factors that contribute to algal growth.
            (7) Potential sources of nutrients that may contribute to
        algal growth include the near-shore disposal of sewage in
        injection wells from the Lahaina Wastewater Treatment Plant,
        surface runoff from agricultural lands and urban resort areas,
        and subsurface point sources in the areas.
            (8) The long-term environmental impacts of the algal blooms
        are unknown, but in the short term, reefs exposed to the algae
        are being destroyed and the deterioration of the coral has
        detrimental effects on fish and other wildlife that depend on
        the reefs for survival.
            (9) The algal blooms are generating negative economic
        impacts as well as negative biological impacts, as additional
        reports indicate that the algae are decreasing the intake of
        fish caught by local fishermen in the affected marine waters.
            (10) The Maui Algae Task Force is comprised of community
        environmental activists and has been assembled to address the
        problem of algal blooms.
            (11) The Maui Algae Task Force hopes to work in cooperation
        with the Department of Health of the State of Hawaii and the
        Environmental Protection Agency to identify and eradicate the
        causes of the algal blooms.

SEC. 2. STUDY.

    (a) In General.--The Administrator of the Environmental Protection
Agency (hereafter in this Act referred to as the ``Administrator'')
shall conduct a study to--
            (1) determine the causes of recent algal blooms off the
        northwestern coast of Maui, Hawaii; and
            (2) research alternatives for the improved management of
        chemicals present in wastewater treatment and fresh water
        runoff.
    (b) Study Requirements.--In carrying out the study under this
section, the Administrator shall--
            (1) survey and monitor--
                    (A) seaweed populations and animals for which the
                seaweed is a food source;
                    (B) surface water runoff sediments in the study
                area; and
                    (C) inputs into the study area from subsurface
                point sources, including any such inputs from the
                Lahaina wastewater treatment plant; and
            (2) study the responses of--
                    (A) the seaweed populations referred to in
                paragraph (1)(A) to different concentrations of
                nutrients; and
                    (B) the animals referred to in paragraph (1)(A) to
                pesticides and other biological toxins.
    (c) Equipment; Grants.--
            (1) Acquisition of equipment.--In carrying out the study
        under this section, the Administrator is authorized to acquire
        such monitoring and testing equipment as the Administrator
        determines necessary.
            (2) Grants.--In carrying out the study under this section,
        the Administrator is authorized to establish a grant program to
        provide grants to eligible entities that submit approved
        applications to the Administrator. The following entities may
        submit an application to conduct study activities under this
        section:
                    (A) The Department of Health of the State of
                Hawaii.
                    (B) The Maui Algae Task Force.
                    (C) Appropriate Federal, State, or county
                departments or agencies.
                    (D) Any other entity that the Administrator
                determines to be appropriate.
    (d) Demonstration Projects.--In carrying out the study under this
section, the Administrator is authorized to establish demonstration
projects to identify and implement best management practices for the
control of nonpoint source pollution from erosion and agricultural
runoff.
    (e) Reports.--
            (1) Interim report.--Not later than 1 year after the date
        of enactment of this Act, the Administrator shall submit to
        Congress a report that includes interim results of the study
        conducted under this section, and such recommendations as the
        Administrator determines to be appropriate.
            (2) Final report.--Not later than January 31, 1996, the
        Administrator shall submit to Congress a final report that
        summarizes the results of the study conducted under this
        section and includes such recommendations as the Administrator
        determines to be appropriate.
    (f) Authorization of Appropriations.--There are authorized to be
appropriated to the Environmental Protection Agency to carry out this
section $500,000 for each of fiscal years 1994 and 1995.

Output:
Directs the Administrator of the Environmental Protection Agency to study and report to the Congress on the causes of recent algal blooms off the northwestern coast of Maui, Hawaii, and to research alternatives for the improved management of chemicals present in wastewater treatment and fresh water runoff.
Authorizes the Administrator to establish:  (1) a grant program to enable eligible entities to conduct study activities; and (2) demonstration projects to implement best management practices for the control of nonpoint source pollution from erosion and agricultural runoff.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air and Health Quality Empowerment
Zone Designation Act of 2008''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish criteria through the use of
which specific geographical areas--
            (1) shall be designated as air and health quality
        empowerment zones; and
            (2) may apply for grants authorized for the purpose of
        replacing or retrofitting polluting vehicles or engines (or
        both vehicles and engines) in order to improve the health of
        the population living in the zones.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) the San Joaquin Valley faces serious air quality
        challenges that impact the development, health, and economy of
        the Valley;
            (2) the Valley emits approximately 624 tons of nitrogen
        oxides per day, and attainment of the federally mandated 8-hour
        ozone standard under the Clean Air Act requires emissions of
        not more than 160 tons of oxides of nitrogen per day;
            (3) the Valley does not attain the federally mandated
        standard for PM<INF>2.5</INF>;
            (4) the children of the Valley miss 188,000 school days per
        year, which translates to 1 in 4 of those children experiencing
        a day of absence each year due to elevated ozone levels;
            (5) approximately 460 residents of the Valley die earlier
        than they otherwise would due to elevated ozone levels, and
        Valley residents experience 23,300 asthma attacks per year, a
        rate that equals 3 times the State average and 5 times the
        national average;
            (6) 1 in 5 children residing in the Valley have been
        diagnosed with asthma;
            (7) nonattainment of Federal air quality standards costs
        the Valley $3,200,000,000 annually;
            (8) the Valley experiences chronic double-digit
        unemployment rates; and
            (9) the Federal Government must partner with the Valley and
        the State to address air quality, health, and economic
        development for the residents of the Valley through the
        designation of the Valley as air quality empowerment zone that
        is eligible for Federal grants and technical assistance.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Agency.--The term ``Agency'' means the Environmental
        Protection Agency.
            (3) Clean air act.--The term ``Clean Air Act'' means the
        Clean Air Act (42 U.S.C. 7401 et seq.).
            (4) PM<INF>2.5</INF>.--The term ``PM<INF>2.5</INF>'' means
        particulate matter with a diameter that does not exceed 2.5
        micrometers.
            (5) Strategic plan.--The term ``strategic plan'' means,
        with respect to an area, the plan contained in the application
        for designation of the area under section 5.
            (6) Valley.--The term ``Valley'' means the San Joaquin
        Valley, California.

SEC. 5. AIR QUALITY EMPOWERMENT ZONE DESIGNATION PROCEDURES.

    (a) In General.--From among the areas nominated for designation
under this section, the Administrator may designate 1 or more areas as
air and health quality empowerment zones.
    (b) Period for Which Designation Is in Effect.--
            (1) In general.--Any designation under this section shall
        remain in effect during the period beginning on the date of the
        designation and ending on the earlier of--
                    (A) the last day of the tenth calendar year
                beginning on the date of the designation; or
                    (B) the date on which the Administrator revokes the
                designation.
            (2) Revocation of designation.--The Administrator may
        revoke the designation under this section of an area if the
        Administrator determines that the local air pollution control
        district in which the designated area is located--
                    (A) has been designated as being in attainment with
                the national ambient air quality standard for
                PM<INF>2.5</INF> and ozone promulgated under the Clean
                Air Act; or
                    (B) is not complying substantially with, or fails
                to make progress in achieving the goals of, the
                strategic plan.
    (c) Limitations on Designations.--No area may be designated under
subsection (a) unless--
            (1) the area is nominated for designation by the air
        pollution control district with jurisdiction over the area;
            (2) the air pollution control district provides written
        assurances satisfactory to the Administrator that the strategic
        plan will be implemented; and
            (3) the Administrator determines that any information
        provided is reasonably accurate.
    (d) Application.--No area may be designated under subsection (a)
unless the application for the designation--
            (1) demonstrates that the nominated area satisfies the
        eligibility criteria described in section 6; and
            (2) includes a strategic plan for accomplishing the
        purposes of this Act that--
                    (A) describes--
                            (i) the process by which the nominated area
                        is a full partner in the process of developing
                        and implementing the plan; and
                            (ii) the extent to which local institutions
                        and organizations have contributed to the
                        planning process;
                    (B) identifies--
                            (i) the amount of State, local, and private
                        resources that will be available for the
                        nominated area; and
                            (ii) the private/public partnerships to be
                        used (which may include participation by, and
                        cooperation with, institutions of higher
                        education, medical centers, and other private
                        and public entities);
                    (C) identifies the funding requested under any
                Federal program in support of the purposes of this Act;
                    (D) identifies baselines, methods, and benchmarks
                for measuring the success of carrying out the strategic
                plan; and
                    (E) includes such other information as may be
                required by the Administrator.

SEC. 6. ELIGIBILITY CRITERIA.

    (a) In General.--A nominated area shall be eligible for designation
under section 5(a) only if the area meets all of the following
criteria:
            (1) Nonattainment.--The nominated area has been designated
        as being--
                    (A) in extreme nonattainment of the 8-hour ozone
                national ambient air quality standard promulgated by
                the Administrator under the Clean Air Act; and
                    (B) in nonattainment of national ambient air
                quality standard for PM<INF>2.5</INF> promulgated by
                the Administrator under that Act.
            (2) Agricultural sources.--The nominated area has--
                    (A) emissions of oxides of nitrogen from farm
                equipment of at least 30 tons per day in calendar year
                2010; or
                    (B) emissions of volatile organic compounds from
                farming operations of at least 40 tons per day in
                calendar year 2010.
            (3) Air-related health effects.--As of the date of
        nomination, the nominated area--
                    (A) meets or exceeds the national average per
                capita incidence of asthma; and
                    (B) meets or exceeds the national average of school
                days missed due to the health impact of elevated ozone
                levels.
            (4) Economic impact.--As of the date of nomination, the
        nominated area experiences unemployment rates higher than the
        national average.
            (5) State matching funds.--The nominated area is located
        within a State and local area that will match at least \1/2\ of
        the funds provided by the Federal Government under this Act.

SEC. 7. ELIGIBLE GRANT APPLICANTS.

    Any air pollution control district or other local governmental
entity authorized to regulate air quality in a State under the Clean
Air Act may apply for a grant under this Act.

SEC. 8. AUTHORIZATION OF AIR AND HEALTH EMPOWERMENT GRANTS.

    (a) Eligibility.--
            (1) In general.--Each area designated as an air and health
        quality empowerment zone under section 5(a) shall be eligible
        to receive 1 or more grants under this section.
            (2) Amount of grants.--The amount of each grant awarded to
        a designated air and health quality empowerment zone shall be
        determined by the Administrator based upon a review of--
                    (A) the information contained in the applications
                required by section 5(d); and
                    (B) the needs set forth in the applications by
                those designated as beneficiaries.
            (3) Timing of grants.--With respect to each designated air
        and health quality empowerment zone, the Administrator shall
        make--
                    (A) a grant under this section to each such zone on
                the date of designation of the zone under section 5(a);
                and
                    (B) the grant under this section to each such zone
                available on the first day of the first fiscal year
                that begins after the date of designation of the zone.
            (4) Oversight of grants.--The air pollution control
        district or other local government entity authorized to
        regulate air quality in an area designated as an air and health
        safety empowerment zone under section 5(a) shall oversee the
        use of any grant funds provided to the zone under this section.
    (b) Use of Grants.--Each air and health safety empowerment zone
that receives a grant under this section shall use the grant solely--
            (1) to carry out activities that achieve the purposes
        described in section 2;
            (2) in accordance with the strategic plan for the zone; and
            (3) for activities that benefit the residents of the zone
        for which the grant is made through improved air quality and
        health.
    (c) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to provide grants under this section
$20,000,000 for each of fiscal years 2009 through 2013.

Output:
Air and Health Quality Empowerment Zone Designation Act of 2008 - Authorizes the Administrator of the Environmental Protection Agency (EPA) to designate areas nominated by local air pollution control districts as air and health quality empowerment zones, which shall be eligible for grants for replacing or retrofitting polluting vehicles and/or engines in order to improve the health of the population living in the zones.

Sets forth area eligibility requirements, including: (1) being in nonattainment of specified national ambient air quality standards for ozone or PM2.5 (particulate matter with a diameter that does not exceed 2.5 micrometers); (2) having specified emission levels from agricultural sources; (3) meeting or exceeding national averages for asthma, school days missed for ozone levels, and unemployment; and (4) being eligible for state or local matching funds.

Prohibits an area from being designated unless the relevant district provides satisfactory assurances that the strategic plan (to be contained in its application) will be implemented. Authorizes the Administrator to revoke the designation if the relevant district: (1) has been designated as being in attainment with the air quality standards; or (2) is failing to comply with, or make progress in achieving the goals of, its strategic plan.