Input:
SECTION 1. POTENTIAL PROBLEM OFFICER EARLY WARNING PROGRAMS.

    (a) Declarations.--The Congress finds and declares that--
            (1) police brutality is a problem of deep concern; and
            (2) the Congress has an interest in assisting local units
        in creating early warning systems that are effective,
        resilient, and affordable to the local units.
    (b) Definition.--In this Act, ``potential problem officer early
warning program'' means a system of procedures that is designed to--
            (1) identify police officers who have been the subject of
        an excessive number of legitimate complaints of excessive use
        of force by members of the public or have otherwise
        demonstrated the potentiality of having difficulty dealing
        appropriately with members of the public;
            (2) provide assistance to such officers in avoiding such
        difficulty in the future, including the provision of training
        in communication techniques, conflict resolution, and stress
        management; and
            (3) apply discipline where appropriate.
    (c) Evaluation and Report.--
            (1) Evaluation.--The Attorney General, acting through the
        Director of the National Institute of Justice, shall--
                    (A) conduct an evaluation of potential problem
                officer early warning programs that are being or have
                been utilized by units of local government, including
                analyses of--
                            (i) the effect on such programs of factors
                        such as the population and geographic size and
                        characteristics of a jurisdiction and the
                        ability of such programs to adjust in a
                        resilient manner to changes in such factors;
                            (ii) the potential savings that local
                        governments can realize from the operation of
                        such programs as a result of the reduction in
                        the number of citizen complaints, the reduction
                        in the number of occasions in which it is
                        necessary to change the duty assignments of or
                        to dismiss (and replace) problem officers, and
                        other beneficial effects;
                            (iii) the positive and negative effects
                        that such programs may have on the law
                        enforcement system, such as their effect on
                        police morale and the ability of police
                        officers to perform their law enforcement
                        duties;
                            (iv) the ability of such programs to ensure
                        the exoneration of officers whose conduct is
                        proper while identifying those whose conduct
                        indicates the necessity or desirability of
                        prophylactic action; and
                            (v) the costs of establishing such programs
                        and of operating and monitoring the
                        effectiveness of such programs on a permanent
                        basis;
                    (B) develop a model early warning system that is
                effective, capable of adjusting to changing
                circumstances, and affordable to units (or combinations
                of units) of local government of jurisdictions (or
                combinations of jurisdictions) with populations of
                50,000 or more; and
                    (C) prepare and disseminate to the law enforcement
                community, including Federal, State and local law
                enforcement agencies, findings and recommendations made
                as a result of the evaluation for the establishment of
                such programs.
            (2) Report.--On or before October 1, 1994, the Attorney
        General shall submit to Congress a report addressing the
        matters described in paragraph (1), with recommendations
        concerning the need or appropriateness of further action by the
        Federal Government.
            (3) Expenses.--Expenses incurred in conducting the
        evaluation and developing a model potential problem officer
        early warning system under paragraph (1) shall be paid out of
        funds that are available to the National Institute of Justice
        and not specifically appropriated for other purposes, to the
        extent that such funds can be made available without increasing
        the amount of appropriations for the National Institute of
        Justice for any fiscal year over the amount appropriated for
        fiscal year 1993.
    (d) Sense of Congress.--It is the sense of Congress that--
            (1) the Attorney General should, under existing authorities
        and using appropriations available for those authorities and
        funds otherwise available to the Attorney General, make seed
        money grants of up to $25,000 each to units (or combinations of
        units) of local government of jurisdictions (or combinations of
        jurisdictions) of a population of 50,000 or more for the
        purpose of assisting the police department (or other entity
        that performs the functions of a police department) in
        establishing a potential problem officer early warning program;
            (2) a unit of local government should be eligible to
        receive a grant described in subsection (c) if--
                    (A) its police department (or other entity that
                performs the functions of a police department) adopts
                and enforces--
                            (i) a written policy prohibiting the use of
                        unreasonable or unnecessary physical force by
                        law enforcement officers; and
                            (ii) written procedures for receiving and
                        investigating citizen complaints alleging
                        misconduct by law enforcement officers;
                    (B) the program to be funded includes provisions
                for continuing self-monitoring of the program,
                including the provision to the Attorney General of
                information that may be useful in performing the
                evaluation and developing the model program described
                in subsection (d)(1); and
                    (C) the grant recipient demonstrates a commitment
                to the long-term continuance of the program and the
                reduction of the incidence of police brutality;
            (3) a policy described in paragraph (2)(A) should--
                    (A) restrict the use of force to circumstances
                authorized by law and to the degree minimally necessary
                to accomplish a lawful law enforcement purpose; and
                    (B) include procedures for reporting and monitoring
                the use of force by officers within the jurisdiction of
                the department;
            (4) the procedures described in paragraph (2)(B) should
        require that complainants--
                    (A) be allowed to receive copies of their
                complaints;
                    (B) be informed of the findings, disposition, and
                specific disciplinary actions, if any, resulting from
                their complaints; and
                    (C) be permitted to attend any disciplinary
                hearings that result from their complaints;
            (5) a unit (or combination of units) of local government
        should receive grants described in this subsection in amounts
        that do not exceed $50,000 in the aggregate; and
            (6) the total amount of grants described in this subsection
        that are made during fiscal years 1994, 1995, 1996, 1997, and
        1998 should not exceed $5,000,000.

Output:
Directs the Attorney General to:  (1) conduct an evaluation of potential problem officer early warning programs utilized by local governments; (2) develop a model early warning system that is effective, capable of adjusting to changing circumstances, and affordable to local governments of jurisdictions with populations of 50,000 or more; and (3) prepare and disseminate findings and recommendations to the law enforcement community for the establishment of such programs.
Sets forth provisions regarding:  (1) reporting requirements; and (2) payment of expenses incurred in conducting the evaluation and developing a model system.
Expresses thhe sense of the Congress that:  (1) the Attorney General should make seed money grants of up to $25,000 to local governments for assisting in establishing such programs; and (2) local governments should be eligible if they adopt and enforce policies prohibiting unreasonable or unnecessary force by law enforcement officers and procedures for receiving and investigating citizen complaints.


Input:
SECTION 1. WILDFIRE ON FEDERAL LANDS.

    Section 102(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(2)) is amended--
            (1) by striking ``(2)'' and all that follows through
        ``means'' and inserting the following:
            ``(2) Major disaster.--
                    ``(A) Major disaster.--The term `major disaster'
                means''; and
            (2) by adding at the end the following:
                    ``(B) Major disaster for wildfire on federal
                lands.--The term `major disaster for wildfire on
                Federal lands' means any wildfire or wildfires, which
                in the determination of the President under section 802
                warrants assistance under section 803 to supplement the
                efforts and resources of the Department of the Interior
                or the Department of Agriculture--
                            ``(i) on Federal lands; or
                            ``(ii) on non-Federal lands pursuant to a
                        fire protection agreement or cooperative
                        agreement.''.

SEC. 2. DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON FEDERAL LANDS.

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

       ``TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND

``SEC. 801. DEFINITIONS.

    ``As used in this title--
            ``(1) Federal land.--The term `Federal land' means--
                    ``(A) any land under the jurisdiction of the
                Department of the Interior; and
                    ``(B) any land under the jurisdiction of the United
                States Forest Service.
            ``(2) Federal land management agencies.--The term `Federal
        land management agencies' means--
                    ``(A) the Bureau of Land Management;
                    ``(B) the National Park Service;
                    ``(C) the Bureau of Indian Affairs;
                    ``(D) the United States Fish and Wildlife Service;
                and
                    ``(E) the United States Forest Service.
            ``(3) Wildfire suppression operations.--The term `wildfire
        suppression operations' means the emergency and unpredictable
        aspects of wildland firefighting, including support, response,
        emergency stabilization activities, and other emergency
        management activities of wildland firefighting on Federal lands
        (or on non-Federal lands pursuant to a fire protection
        agreement or cooperative agreement) by the Federal land
        management agencies covered by the wildfire suppression
        subactivity of the Wildland Fire Management account or the
        FLAME Wildfire Suppression Reserve Fund account of the Federal
        land management agencies.

``SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR DISASTER FOR WILDFIRE
              ON FEDERAL LANDS.

    ``(a) In General.--The Secretary of the Interior or the Secretary
of Agriculture may submit a request to the President consistent with
the requirements of this title for a declaration by the President that
a major disaster for wildfire on Federal lands exists.
    ``(b) Requirements.--A request for a declaration by the President
that a major disaster for wildfire on Federal lands exists shall--
            ``(1) be made in writing by the respective Secretary;
            ``(2) certify that the amount appropriated in the current
        fiscal year for wildfire suppression operations of the Federal
        land management agencies under the jurisdiction of the
        respective Secretary, net of any concurrently enacted
        rescissions of wildfire suppression funds, increases the total
        unobligated balance of amounts available for wildfire
        suppression by an amount equal to or greater than the average
        total costs incurred by the Federal land management agencies
        per year for wildfire suppression operations, including the
        suppression costs in excess of appropriated amounts, over the
        previous ten fiscal years;
            ``(3) certify that the amount available for wildfire
        suppression operations of the Federal land management agencies
        under the jurisdiction of the respective Secretary will be
        obligated not later than 30 days after such Secretary notifies
        the President that wildfire suppression funds will be exhausted
        to fund ongoing and anticipated wildfire suppression operations
        related to the wildfire on which the request for the
        declaration of a major disaster for wildfire on Federal lands
        pursuant to this title is based; and
            ``(4) specify the amount required in the current fiscal
        year to fund wildfire suppression operations related to the
        wildfire on which the request for the declaration of a major
        disaster for wildfire on Federal lands pursuant to this title
        is based.
    ``(c) Declaration.--Based on the request of the respective
Secretary under this title, the President may declare that a major
disaster for wildfire on Federal lands exists.

``SEC. 803. WILDFIRE ON FEDERAL LANDS ASSISTANCE.

    ``(a) In General.--In a major disaster for wildfire on Federal
lands, the President may transfer funds, only from the account
established pursuant to subsection (b), to the Secretary of the
Interior or the Secretary of Agriculture to conduct wildfire
suppression operations on Federal lands (and non-Federal lands pursuant
to a fire protection agreement or cooperative agreement).
    ``(b) Wildfire Suppression Operations Account.--The President shall
establish a specific account for the assistance available pursuant to a
declaration under section 802. Such account may only be used to fund
assistance pursuant to this title.
    ``(c) Limitation.--
            ``(1) Limitation of transfer.--The assistance available
        pursuant to a declaration under section 802 is limited to the
        transfer of the amount requested pursuant to section 802(b)(4).
        The assistance available for transfer shall not exceed the
        amount contained in the wildfire suppression operations account
        established pursuant to subsection (b).
            ``(2) Transfer of funds.--Funds under this section shall be
        transferred from the wildfire suppression operations account to
        the wildfire suppression subactivity of the Wildland Fire
        Management Account.
    ``(d) Prohibition of Other Transfers.--Except as provided in this
section, no funds may be transferred to or from the account established
pursuant to subsection (b) to or from any other fund or account.
    ``(e) Reimbursement for Wildfire Suppression Operations on Non-
Federal Land.--If amounts transferred under subsection (c) are used to
conduct wildfire suppression operations on non-Federal land, the
respective Secretary shall--
            ``(1) secure reimbursement for the cost of such wildfire
        suppression operations conducted on the non-Federal land; and
            ``(2) transfer the amounts received as reimbursement to the
        wildfire suppression operations account established pursuant to
        subsection (b).
    ``(f) Annual Accounting and Reporting Requirements.--Not later than
90 days after the end of each fiscal year for which assistance is
received pursuant to this section, the respective Secretary shall
submit to the Committees on Agriculture, Appropriations, the Budget,
Natural Resources, and Transportation and Infrastructure of the House
of Representatives and the Committees on Agriculture, Nutrition, and
Forestry, Appropriations, the Budget, Energy and Natural Resources,
Homeland Security and Governmental Affairs, and Indian Affairs of the
Senate, and make available to the public, a report that includes the
following:
            ``(1) The risk-based factors that influenced management
        decisions regarding wildfire suppression operations of the
        Federal land management agencies under the jurisdiction of the
        Secretary concerned.
            ``(2) Specific discussion of a statistically significant
        sample of large fires, in which each fire is analyzed for cost
        drivers, effectiveness of risk management techniques, resulting
        positive or negative impacts of fire on the landscape, impact
        of investments in preparedness, suggested corrective actions,
        and such other factors as the respective Secretary considers
        appropriate.
            ``(3) Total expenditures for wildfire suppression
        operations of the Federal land management agencies under the
        jurisdiction of the respective Secretary, broken out by fire
        sizes, cost, regional location, and such other factors as the
        such Secretary considers appropriate.
            ``(4) Lessons learned.
            ``(5) Such other matters as the respective Secretary
        considers appropriate.
    ``(g) Savings Provision.--Nothing in this title shall limit the
Secretary of the Interior, the Secretary of Agriculture, Indian tribe,
or a State from receiving assistance through a declaration made by the
President under this Act when the criteria for such declaration have
been met.''.

Output: Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to define a "major disaster for wildfire on federal lands" as any wildfire that, in the determination of the President, warrants assistance under this Act to supplement the efforts and resources of the Department of the Interior or the Department of Agriculture: (1) on federal lands, or (2) on non-federal lands pursuant to a fire protection agreement or cooperative agreement. Authorizes the Secretary of the Interior or the Secretary of Agriculture to submit a request to the President for a declaration that such a major disaster exists. Requires such a request to:   certify that the amount appropriated in the current fiscal year for wildfire suppression operations of the federal land management agencies under the jurisdiction of the respective Secretary, net of any concurrently enacted rescissions of wildfire suppression funds, increases the total unobligated balance of amounts available for wildfire suppression by an amount equal to or greater than the average total costs incurred by such agencies per year for wildfire suppression operations over the previous 10 fiscal years;  certify that the amount available for wildfire suppression operations of the federal land management agencies under the jurisdiction of the respective Secretary will be obligated not later than 30 days after such Secretary notifies the President that wildfire suppression funds will be exhausted to fund ongoing and anticipated wildfire suppression operations related to the wildfire on which such request is based; and  specify the amount required in the current fiscal year to fund wildfire suppression operations related to the wildfire on which such request is based.  Authorizes the President to: (1) declare that such a major disaster exists based on such a request, (2) establish a specific account for assistance pursuant to such a declaration, and (3) transfer funds from such account to the Secretary of the Interior or the Secretary of Agriculture to conduct wildfire suppression operations on such lands. Requires the respective Secretary to secure reimbursement of transferred amounts used for wildfire suppression operations on non-federal land.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gerardo Hernandez Airport Security
Act of 2014''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Assistant secretary.--The term ``Assistant Secretary''
        means the Assistant Secretary of Homeland Security
        (Transportation Security) of the Department of Homeland
        Security.
            (2) Administration.--The term ``Administration'' means the
        Transportation Security Administration.

SEC. 3. SECURITY INCIDENT RESPONSE AT AIRPORTS.

    (a) In General.--The Assistant Secretary shall, in consultation
with the Administrator of the Federal Emergency Management Agency,
conduct outreach to all airports in the United States at which the
Administration performs, or oversees the implementation and performance
of, security measures, and provide technical assistance as necessary,
to verify such airports have in place individualized working plans for
responding to security incidents inside the perimeter of the airport,
including active shooters, acts of terrorism, and incidents that target
passenger-screening checkpoints.
    (b) Types of Plans.--Such plans may include, but may not be limited
to, the following:
            (1) A strategy for evacuating and providing care to persons
        inside the perimeter of the airport, with consideration given
        to the needs of persons with disabilities.
            (2) A plan for establishing a unified command, including
        identification of staging areas for non-airport-specific law
        enforcement and fire response.
            (3) A schedule for regular testing of communications
        equipment used to receive emergency calls.
            (4) An evaluation of how emergency calls placed by persons
        inside the perimeter of the airport will reach airport police
        in an expeditious manner.
            (5) A practiced method and plan to communicate with
        travelers and all other persons inside the perimeter of the
        airport.
            (6) To the extent practicable, a projected maximum
        timeframe for law enforcement response.
            (7) A schedule of joint exercises and training to be
        conducted by the airport, the Administration, other
        stakeholders such as airport and airline tenants, and any
        relevant law enforcement, airport police, fire, and medical
        personnel.
            (8) A schedule for producing after-action joint exercise
        reports to identify and determine how to improve security
        incident response capabilities.
    (c) Report to Congress.--Not later than 90 days after the date of
the enactment of this Act, the Assistant Secretary shall report to the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate on the
findings from its outreach to airports under subsection (a), including
an analysis of the level of preparedness such airports have to respond
to security incidents, including active shooters, acts of terrorism,
and incidents that target passenger-screening checkpoints.

SEC. 4. DISSEMINATING INFORMATION ON BEST PRACTICES.

    The Assistant Secretary shall--
            (1) identify best practices that exist across airports for
        security incident planning, management, and training; and
            (2) establish a mechanism through which to share such best
        practices with other airport operators nationwide.

SEC. 5. CERTIFICATION.

    Not later than 90 days after the date of enactment of this Act, and
annually thereafter, the Assistant Secretary shall certify in writing
to the Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate that all screening personnel have participated in practical
training exercises for active shooter scenarios.

SEC. 6. REIMBURSABLE AGREEMENTS.

    Not later than 90 days after the enactment of this Act, the
Assistant Secretary shall provide to the Committee on Homeland Security
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate an analysis of how the Administration
can use cost savings achieved through efficiencies to increase over the
next 5 fiscal years the funding available for checkpoint screening law
enforcement support reimbursable agreements.

SEC. 7. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.

    No additional funds are authorized to be appropriated to carry out
this Act, and this Act shall be carried out using amounts otherwise
available for such purpose.

SEC. 8. INTEROPERABILITY REVIEW.

    (a) In General.--Not later than 90 days after the date of enactment
of this Act, the Assistant Secretary shall, in consultation with the
Assistant Secretary of the Office of Cybersecurity and Communications,
conduct a review of the interoperable communications capabilities of
the law enforcement, fire, and medical personnel responsible for
responding to a security incident, including active shooter events,
acts of terrorism, and incidents that target passenger-screening
checkpoints, at all airports in the United States at which the
Administration performs, or oversees the implementation and performance
of, security measures.
    (b) Report.--Not later than 30 days after the completion of the
review, the Assistant Secretary shall report the findings of the review
to the Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate.

            Passed the House of Representatives July 22, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: (This measure has not been amended since it was reported to the House on July 3, 2014.  Gerardo Hernandez Airport Security Act of 2014 - (Sec. 3) Directs the Assistant Secretary of Homeland Security (Transportation Security) of the Department of Homeland Security (DHS) to: (1) conduct outreach to all U.S. airports at which the Transportation Security Administration (TSA) performs, or oversees the implementation and performance of, security measures; and (2) give necessary technical assistance to verify that such airports have in place individualized working plans for responding to security incidents inside the airport perimeter, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints. Requires the Assistant Secretary to report to Congress on the outreach findings, including an analysis of the level of preparedness such airports have to respond to such incidents.  (Sec. 4) Requires the Assistant Secretary to: (1) identify best practices that exist across airports for security incident planning, management, and training; and (2) establish a mechanism through which to share those best practices with other airport operators nationwide. (Sec. 5) Requires the Assistant Secretary also to: (1) certify annually to specified congressional committees that all screening personnel have participated in practical training exercises for active shooter scenarios, and (2) analyze for those same committees how TSA can use cost savings achieved through efficiencies to increase over the next five fiscal years the funding available for checkpoint screening law enforcement support reimbursable agreements. (Sec. 7) Declares that no additional appropriations are authorized to carry out this Act. Requires this Act to be carried out using amounts otherwise available. (Sec. 8) Requires the Assistant Secretary to review the interoperable communications capabilities of law enforcement, fire, and medical personnel responsible for responding to security incidents at all U.S. airports at which the TSA performs, or oversees the implementation and performance of, security measures.


Input:
SECTION 1. FINDINGS.

    Congress finds that--
            (1) the United States exercises sovereignty over Puerto
        Rico pursuant to the Treaty of Paris proclaimed by President
        McKinley on April 11, 1899, Article IX of which provides that
        the ``civil rights and political status of the native
        inhabitants'' of Puerto Rico ``shall be determined by the
        Congress'';
            (2) Congress continues to carry out all Federal
        responsibilities with respect to Puerto Rico, including those
        set forth in article IX of the treaty of cession, pursuant to
        the territorial clause of the United States Constitution
        (article IV, section 3, clause 2), which provides that
        ``Congress shall have Power to dispose of and make all needful
        Rules and Regulations respecting the Territory or other
        Property belonging to the United States'';
            (3) in the Act of March 2, 1917 (39 stat. 951, chapter
        145), Congress provided for civil administration of Puerto Rico
        and declared that, by virtue of that Act, the inhabitants of
        Puerto Rico shall be citizens of the United States, with such
        civil rights and political status as Congress determined to be
        consistent with residence in an unincorporated territory rather
        than a State of the Union;
            (4) in accordance with the Act of July 3, 1950 (64 Stat.
        319, chapter 446), the people of Puerto Rico adopted a
        constitution in 1952 that, after amendment and approval by
        Congress, established the current Commonwealth structure for
        self-government in respect of internal affairs and local
        government administration, subject to the United States
        Constitution and Federal law applicable to Puerto Rico; and
            (5) the United States, consistent with its constitutional
        process, is committed to respecting the principle of self-
        determination as part of any procedure to resolve the political
        status of Puerto Rico.

SEC. 2. REFERENDA.

    (a) Policy of the United States.--(1) In general.--It is the policy
of the United States that the residents of Puerto Rico periodically
should be afforded an opportunity freely to express their wishes
regarding their political status.--
    (2) Options.--The self-determination process for Puerto Rico should
be one that enables the people of Puerto Rico to preserve their current
political status if that is their preference, or to choose to seek, in
accordance with a process approved by Congress and the residents of
Puerto Rico--
                    (A) admission as a State of the Union on the basis
                of full equality; or
                    (B) withdrawal of United States sovereignty in
                favor of independence or free association.
    (b) Requirements.--A referendum under this Act--
            (1) shall be conducted among persons in Puerto Rico who
        meet the residency, United States citizenship, and other
        requirements of applicable law governing voter eligibility in
        Puerto Rico;
            (2) shall otherwise be in accordance with applicable
        provisions of the elections law of Puerto Rico and other
        relevant local and Federal law consistent with this Act; and
            (3) shall be decided by a majority of the votes cast.
    (c) Referendum by the End of 1998.--
            (1) In general.--A referendum under this Act shall be
        conducted not later than December 31, 1998.
            (2) Format.--
                    (A) Part one of the ballot.--In the referendum
                under paragraph (1), the option of continuing the
                current Commonwealth arrangements and Puerto Rico's
                current political status, or, alternatively, entering
                on a process leading to permanent full self-government
                through separate sovereignty or statehood, shall be
                presented in Part One of the ballot as Options A and B,
                as follows:

                               ``part one

            ``Option A.--COMMONWEALTH: The residents of Puerto Rico
        desire to continue the current Commonwealth structure for self-
        government with respect to internal affairs and administration
        under a local constitution, subject to the provisions of the
        Constitution and laws of the United States that apply to Puerto
        Rico. Puerto Rico will remain an unincorporated territory of
        the United States, and application of Federal law and
        provisions of the Constitution to Puerto Rico remains within
        the discretion of Congress. The future status of Puerto Rico
        will be determined through a process authorized by Congress
        that includes self-determination by the residents of Puerto
        Rico in periodic referenda.
            ``Option B.--PATH TO SEPARATE SOVEREIGNTY OR STATEHOOD: The
        residents of Puerto Rico desire to enter on a process for
        Congress and the residents of Puerto Rico to define and approve
        in a later vote a transition to permanent full self-government
        through either separate sovereignty or statehood as set forth
        in Part Two of this ballot.''.
                    (B) Part two of the ballot.--Part Two of the ballot
                shall present voters with a choice between 2 options
                for ending the current territorial status in favor of
                separate sovereignty, in the form of independence, or
                free association as may be agreed, according to
                international law and definitions compatible with the
                constitutional process and practices of the United
                States, or, alternatively, full integration into the
                United States constitutional system on the basis of
                equality. The definitions of separate sovereignty and
                full integration leading to statehood shall appear in
                Part Two of the ballot as Options A and B, as follows:
            ``Option A.--SEPARATE SOVEREIGNTY: The residents of Puerto
        Rico desire to be a separate sovereign nation that exercises
        all the powers of government with respect to its territory and
        population, with full authority and responsibility for its
        internal and external affairs, through independence (or free
        association as may be agreed). Puerto Rico will become fully
        self-governing under its own constitution establishing a
        republican form of government, which shall be the supreme law.
        The United States Constitution and laws shall no longer apply,
        and the sovereignty, nationality, and citizenship of the United
        States in Puerto Rico shall terminate based on approval of
        separate sovereignty by Congress and the residents of Puerto
        Rico. Birth in Puerto Rico or relationship to a person who
        acquired United States citizenship by statute due to birth in
        Puerto Rico during the territorial period no longer will confer
        United States citizenship, but such persons shall have a right
        to retain statutory United States citizenship for life based on
        continued allegiance to the United States and election or
        designation as prescribed by Congress consistent with the
        transition to separate sovereignty and succession of
        nationality.
            ``Option B.--STATEHOOD: The residents of Puerto Rico desire
        admission of Puerto Rico as a State of the Union. Through
        statehood residents of Puerto Rico will have a status and
        rights secured under the United States Constitution, which will
        be the supreme law of the land with the same force and effect
        as in the other States of the Union. The sovereign State of
        Puerto Rico will be in permanent union with the United States,
        and powers not delegated to the Federal Government or
        prohibited to the States by the United States Constitution
        shall be reserved to the people of Puerto Rico or the State
        Government. The United States nationality and citizenship of
        persons born in Puerto Rico will be guaranteed in the same way
        it is for all United States citizens born in other States of
        the Union. United States citizens in Puerto Rico will have full
        and equal rights and duties of United States citizenship,
        including voting rights in elections for President and Vice
        President, as well as representation by 2 members in the United
        States Senate and proportionally on the basis of population in
        the House of Representatives.''.
            (3) Instructions to voters.--
                    (A) Part one.--The instructions to voters for Part
                One of the ballot in a referendum under this subsection
                shall state that a voter may select Option A or Option
                B by marking either option, but that ballots with both
                options marked in Part One will not be counted.
                    (B) Part two.--The instructions to voters for Part
                Two of the ballot in such a referendum shall state that
                a voter may vote on Part Two regardless of how the
                voter voted on Part One, or even if they did not vote
                on Part One. The instructions to voters on Part Two
                shall also state that Part Two is to determine the
                preference of voters as between the options for seeking
                separate sovereignty or statehood in case a majority of
the voters voting on Part One approve that course as set forth in
Option B on Part One of the ballot. The voters shall be instructed to
approve Option A or Option B in Part Two by marking either, but that
ballots with both options marked in Part Two will not be counted.
            (4) Validity of either part.--On any ballot cast in a
        referendum under this subsection either Part One or Part Two
        shall be counted if properly cast, even if the other part of
        the ballot is not counted due to the manner in which the other
        part has been cast.

SEC. 3. IMPLEMENTATION.

    (a) Selection of Current Status or Rejection of Transition.--If a
majority of the voters approve continuation of the current
unincorporated status and the present `Commonwealth' structure for
local self-government, or on rejection of a transition plan, unless
otherwise provided by Congress, referenda on the future political
status of Puerto Rico shall be held in accordance with this Act every 4
years thereafter, but not within 270 calendar days of a general
election, in order to ensure that the right of the people of Puerto
Rico to self-determination is respected, and that the people
periodically are afforded the opportunity freely to express their
wishes with respect to resolution of Puerto Rico's status based on
permanent full self-government.
    (b) Selection of Statehood.--If statehood is selected, the
President, not later than 180 days after the referendum, shall transmit
to the Congress legislation providing for the admission of Puerto Rico
as a State of the Union in accordance with a transition plan that
includes procedures for approval of the terms of admission and
implementation thereof by a majority vote of the residents of Puerto
Rico.
    (c) Selection of Separate Sovereignty.--If separate sovereignty is
selected, the President, not later than 180 days after the referendum,
shall transmit to the Congress legislation to providing a plan for the
transition to an international sovereign-to-sovereign relationship
governed by a treaty or international agreement (including measures to
cease conferral of United States citizenship on persons born in Puerto
Rico), and such legislation shall include procedures for approval of
the transition to separate sovereignty by a majority vote of the
residents of Puerto Rico.

Output: Requires a referendum to be held by December 31, 1998, on Puerto Rico's path to self-determination either through preserving its current political status, U.S. statehood, or separate sovereignty (independence or free association).  Sets forth specified requirements with respect to the referendum and congressional procedures for consideration of legislation.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stock Option Accounting Reform
Act''.

SEC. 2. MANDATORY EXPENSING OF STOCK OPTIONS HELD BY HIGHLY COMPENSATED
              OFFICERS.

    Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
    ``(m) Mandatory Expensing of Stock Options.--
            ``(1) Named executive officer.--As used in this subsection,
        the term `named executive officer' means--
                    ``(A) all individuals serving as the chief
                executive officer of an issuer, or acting in a similar
                capacity, during the most recent fiscal year,
                regardless of compensation level; and
                    ``(B) the 4 most highly compensated executive
                officers, other than an individual identified under
                subparagraph (A), that were serving as executive
                officers of an issuer at the end of the most recent
                fiscal year.
            ``(2) In general.--Subject to paragraph (4), every issuer
        of a security registered pursuant to section 12 shall show as
        an expense in the annual report of such issuer filed under
        subsection (a)(2), the fair value of all options to purchase
        the stock of the issuer granted after December 31, 2004, to a
        named executive officer of the issuer.
            ``(3) Fair value.--
                    ``(A) In general.--The fair value of an option to
                purchase the stock of the issuer that is subject to
                paragraph (2) shall be--
                            ``(i) equal to the value that would be
                        agreed upon by a willing buyer and seller of
                        such option, who are not under any compulsion
                        to buy or sell such option; and
                            ``(ii) shall take into account all of the
                        characteristics and restrictions imposed upon
                        the option.
                    ``(B) Pricing model.--To the extent that an option
                pricing model, such as the Black-Scholes method or a
                binomial model, is used to determine the fair value of
                an option, the assumed volatility of the underlying
                stock shall be zero.
            ``(4) Exemptions.--
                    ``(A) Small business issuers.--This subsection
                shall not apply to an issuer, if--
                            ``(i) the issuer has annual revenues of
                        less than $25,000,000;
                            ``(ii) the issuer is organized under the
                        laws of the United States or Canada;
                            ``(iii) the issuer is not an investment
                        company (as such term is defined under section
                        3 of the Investment Company Act of 1940 (15
                        U.S.C. 80a-3));
                            ``(iv) the aggregate value of the
                        outstanding voting and non-voting common equity
                        securities of the issuer held by non-affiliated
                        parties is less than $25,000,000; and
                            ``(v) in the case of an issuer that meets
                        the criteria in clauses (i) through (iv) and is
                        a majority owned subsidiary, the parent of the
                        issuer meets the requirements of this
                        paragraph.
                    ``(B) Delayed effectiveness.--The requirements of
                this subsection shall not apply to an issuer before the
                end of the 3-year period beginning on the date of the
                completion of the initial public offering of the
                securities of the issuer, and shall only apply to an
                option to purchase the stock of an issuer granted after
                such date.''.

SEC. 3. PROHIBITION ON EXPENSING AND ECONOMIC IMPACT STUDY.

    (a) Prohibition.--Section 19(b) of the Securities Act of 1933 is
amended by adding at the end the following:
            ``(3) Prohibition on expensing standards.--
                    ``(A) In general.--The Commission shall not
                recognize as ``generally accepted'' any accounting
                principle established by a standard setting body
                relating to the expensing of stock options unless--
                            ``(i) it complies with the requirements of
                        subparagraph (B); and
                            ``(ii) the economic impact study required
                        under section 3(b) of the Stock Option
                        Accounting Reform Act of 2003 has been
                        completed.
                    ``(B) Requirements.--A standard referred to in
                subparagraph (A) shall require that--
                            ``(i) if an option to purchase the stock of
                        an issuer that is subject to the requirements
                        of section 13(m) of the Securities Exchange Act
                        of 1934 is exercised, forfeited, or expires
                        unexercised, any expense that had been reported
                        under that section 13(m) with respect to such
                        option shall be reported in the fiscal year in
                        which the option expires or is forfeited as a
                        reduction of the total expense required to be
                        reported under that section 13(m) during that
                        fiscal year; and
                            ``(ii) to the extent that any reduction
                        required under clause (i) exceeds total option
                        expenses for any fiscal year, such excess shall
                        be reported as income with respect to options
                        to purchase the stock of the issuer.''.
    (b) Economic Impact Study.--The Secretary of Commerce and the
Secretary of Labor shall conduct and complete a joint study on the
economic impact of the mandatory expensing of all employee stock
options, including the impact upon--
            (1) the use of broad-based stock option plans in expanding
        employee corporate ownership to workers at a wide range of
        income levels, with particular focus upon non-executive
        employees;
            (2) the role of such plans in the recruitment and retention
        of skilled workers;
            (3) the role of such plans in stimulating research and
        innovation;
            (4) the effect of such plans in stimulating the economic
        growth of the United States; and
            (5) the role of such plans in strengthening the
        international competitiveness of businesses organized under the
        laws of the United States.

Output:
Stock Option Accounting Reform Act - Amends the Securities Exchange Act of 1934 to require an issuer of registered securities to show as an expense in its mandatory annual report the fair value of all stock purchase options granted to certain of its senior executive officers after December 31, 2004.

Exempts small business issuers from such requirement.

Amends the Securities Act of 1933 to require reporting of: (1) stock option expenses as a reduction of the total expense in the fiscal year in which they expire or are forfeited; and (2) as income any excess by which such reduction exceeds total option expenses for any fiscal year.

Requires any accounting principle recognized as "generally accepted" by the Securities and Exchange Commission (SEC) regarding the expensing of stock purchase options to comply with this Act. Denies recognition to any such accounting principle until the Secretaries of Commerce and of Labor complete a joint study on the economic impact of mandatory expensing of all employee stock options.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Space to Schools Act of 2010''.

SEC. 2. PROGRAM.

    (a) Purpose.--The Secretary of Education may carry out a program
(in this Act referred to as the ``Program'') to--
            (1) encourage highly skilled retiring or displaced
        aerospace professionals with backgrounds in science,
        technology, engineering, or mathematics to pursue careers as
        elementary, secondary, or vocational school teachers; and
            (2) promote science, technology, engineering, and
        mathematics (STEM) education in kindergarten through grade 12
        by encouraging aerospace professionals to pursue careers in
        teaching.
    (b) Eligibility.--
            (1) Eligible individuals.--An individual who is eligible to
        participate in the Program is an individual--
                    (A) who is a former employee of the National
                Aeronautics and Space Administration, its suppliers, or
                a related contractor; and
                    (B) who has relevant work experience in the
                aerospace industry.
            (2) School eligibility.--An eligible local education
        agency, charter school, or vocational school may receive
        Program participants.
    (c) Submission of Applications.--
            (1) Form and submission.--Selection of eligible individuals
        to participate in the Program shall be made on the basis of
        applications submitted to the Secretary of Education within the
        time periods specified in paragraph (2). An application shall
        be in such form and contain such information as the Secretary
        may require.
            (2) Time for submission.--An application shall be
        considered to be submitted on a timely basis if it submitted
        not later than 4 years after the date on which the individual
        is retired, separated, or released from employment in the
        aerospace industry.
    (d) Selection Criteria.--
            (1) Establishment.--Subject to paragraphs (2) and (3), the
        Secretary shall prescribe the criteria to be used to select
        eligible individuals to participate in the Program.
            (2) Educational background.--
                    (A) Elementary or secondary school teacher.--If an
                applicant is applying for assistance for placement as
                an elementary or secondary school teacher, the
                Secretary shall require the applicant to have received
                a baccalaureate or advanced degree from an accredited
                institution of higher education in a science,
                technology, engineering, or mathematics field.
                    (B) Vocational or technical teacher.--If an
                applicant for assistance for placement as vocational or
                technical teacher, the Secretary shall require the
                applicant to have--
                            (i) received an associate degree,
                        postsecondary training, or related
                        certification obtained through service in the
                        Armed Forces;
                            (ii) have 6 or more years of work
                        experience in a vocational or technical field;
                        or
                            (iii) otherwise meet the certification or
                        licensing requirements for a vocational or
                        technical teacher in the State in which the
                        applicant seeks assistance for placement under
                        the Program.
            (3) Termination of employment.--An applicant who was
        terminated from previous employment for cause shall be
        ineligible to participate in the Program.
    (e) Participation Agreement.--
            (1) In general.--An eligible individual selected to
        participate in the Program and receive financial assistance
        under this section shall be required to enter into an agreement
        with the Secretary in which the participant agrees--
                    (A) within such time as the Secretary may require,
                to obtain certification or licensing as an elementary,
                secondary, vocational, or technical school teacher, and
                to become a highly qualified teacher; and
                    (B) to accept an offer of full-time employment as
                an elementary, secondary, vocational, or technical
                school teacher for not less than 3 school years and
                commit to teaching in the subjects of science,
                technology, engineering, or mathematics with an
                eligible local educational agency, charter school, or
                vocational school to begin the school year after
                obtaining such certification or licensing.
            (2) Waiver.--The Secretary may waive the 3-year commitment
        described in paragraph (1)(B) for a participant if the
        Secretary determined such waiver to be appropriate.
            (3) Stipends for participants.--
                    (A) Stipend authorized.--The Secretary may pay to a
                participant in the Program a stipend in an amount of
                not more than $5,000 to be used towards obtaining
                licensing or certification for elementary or secondary
                teaching or vocational teaching programs.
                    (B) Stipend bonus.--The Secretary, in lieu of
                paying a stipend under subparagraph (A), may pay a
                bonus of $10,000 to a participant in the Program who
                agrees in the participation agreement to become a
                highly qualified teacher and accept full-time
                employment as an elementary, secondary, vocational, or
                technical teacher for not less than 3 years in a high-
                need school and teach in the subject area of science,
                technology, engineering, or mathematics.
    (f) Reimbursement Under Certain Circumstances.--
            (1) Reimbursement required.--A participant in the Program
        who is paid a stipend or bonus under this section shall be
        required to repay the stipend or bonus under the following
        circumstances:
                    (A) Failure to obtain qualifications or
                employment.--The participant fails to obtain teacher
                certification or licensing, to become a highly
                qualified teacher, or to obtain employment as an
                elementary school teacher, secondary school teacher, or
                vocational or technical teacher as required by the
                participation agreement under subsection (e).
                    (B) Termination of employment.--The participant
                voluntarily leaves, or is terminated for cause from,
                employment as an elementary school teacher, secondary
                school teacher, or vocational or technical teacher
                during the 3 years of required service in violation of
                the participation agreement.
            (2) Amount of reimbursement.--A participant required to
        reimburse the Secretary for a stipend or bonus paid to the
        participant under this section shall pay an amount that bears
        the same ratio to the amount of the stipend or bonus as the
        unserved portion of required service bears to the 3 years of
        required service. Any amount owed by the participant shall bear
        interest at the rate equal to the highest rate being paid by
        the United States on the day on which the reimbursement is
        determined to be due for securities having maturities of 90
        days or less and shall accrue from the day on which the
        participant is first notified of the amount due.
            (3) Treatment of obligation.--The obligation to reimburse
        the Secretary under this subsection is, for all purposes, a
        debt owing the United States. A discharge in bankruptcy under
        title 11, United States Code, shall not release a participant
        from the obligation to reimburse the Secretary under this
        subsection.
    (g) Advisory Board.--
            (1) No later than 120 days after enactment of this Act, the
        Secretary shall establish an Advisory Board whose duties
        include--
                    (A) collecting, considering, and disseminating
                feedback from participants, State educational agencies,
                local educational agencies, charter schools, and
                vocational schools on best practices for recruitment of
                eligible individuals to participate in the Program;
                    (B) ensuring elementary schools, secondary schools,
                and vocational schools are aware of the Program and how
                to participate in it;
                    (C) developing guidelines to help individuals
                selected to participate in the Program identify and
                enroll in licensing or certification training for
                elementary or secondary education teaching or
                vocational teaching programs; and
                    (D) coordinating the goals of the Program with
                other Federal, State, and local education needs.
            (2) No later than 1 year after the date of enactment of
        this Act, and annually thereafter, prepare and submit a report
        to the Committee on Education and Labor of the House of
        Representatives and the Committee on Health, Education, Labor,
        and Pensions of the Senate, which shall include--
                    (A) information with respect to the activities of
                the Advisory Board;
                    (B) information with respect to the Program,
                including--
                            (i) the number of participants in the
                        Program;
                            (ii) the number of States participating in
                        the Program;
                            (iii) the local educational agencies and
                        schools where participants are employed;
                            (iv) the grade levels at which the
                        participants teach;
                            (v) the academic subjects taught by
                        participants;
                            (vi) the hours of clinical and classroom
                        time participants completed during the
                        certification or licensing required for
                        participation in the Program;
                            (vii) a review of the stipend and bonus
                        available to participants; and
                            (viii) other demographic information as may
                        be necessary to evaluate the effectiveness of
                        the Program; and
                    (C) recommendations for improvements and other
                necessary changes to ensure that the Program is meeting
                the purpose as described in subsection (a).
    (h) Definitions.--In this Act:
            (1) In general.--The terms ``elementary school'', ``highly
        qualified''; ``local educational agency'', ``secondary
        school'', ``State educational agency'', and ``State'' have the
        meaning given the terms in section 9101 of the Elementary and
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) Charter school.--The term ``charter school'' has the
        meaning given such term in section 5210 of the Elementary and
        Secondary Act of 1965 (20 U.S.C. 7221i).
            (3) Eligible local educational agency.--The term ``eligible
        local educational agency'' means a local educational agency
        receiving funding under part A of title I of the Elementary and
        Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
            (4) High-need school.--The term ``high-need school'' means
        an elementary school, secondary school, or vocational school
        under the jurisdiction of an eligible local educational agency,
        or a charter school, or vocational school, where at least 50
        percent of the students enrolled in the school are--
                    (A) in poverty counted in the most recent census
                data approved by the Secretary;
                    (B) eligible for free and reduced priced lunches
                under the Richard B. Russell National School Lunch Act
                (42 U.S.C. 1751 et seq.);
                    (C) in families receiving assistance under the
                State program funded under part A of title IV of the
                Social Security Act (42 U.S.C. 601 et seq.); or
                    (D) eligible to receive medical assistance under
                the State Medicaid program under title XIX of the
                Social Security Act (42 U.S.C. 1396 et seq.).
            (5) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given such
        term in section 101 of the Higher Education Act of 1965 (20
        U.S.C. 1001).
            (6) Vocational school.--The term ``vocational school''
        means--
                    (A) a specialized public secondary school used
                exclusively or principally for the provision of
                vocational and technical education to individuals who
                are available for study in preparation for entering the
                labor market; or
                    (B) the department or division of an institution of
                higher education that provides vocational and technical
                education in not fewer than five different occupational
                fields leading to immediate employment but not
                necessarily leading to a baccalaureate degree.
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of Education.
    (i) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated
        $20,000,000 to carry out this Act for fiscal year 2011 and each
        of fiscal years 2012 through 2014.
            (2) No fiscal year limitation on funding.--Funds
        appropriated under paragraph (1) shall remain available until
        expended.

Output:
Space to Schools Act of 2010 - Authorizes the Secretary of Education to implement a program to encourage individuals who are former employees of the National Aeronautics and Space Administration (NASA), its suppliers, or related contractors who have relevant work experience in the aerospace industry to pursue careers as elementary, secondary, or vocational school teachers.

Sets forth educational background requirements for program participants.

Requires program participants to enter into an agreement to: (1) obtain certification or licensing as an elementary, secondary, vocational, or technical school teacher, and to become a highly qualified teacher; and (2) accept an offer of full-time employment as an elementary, secondary, vocational, or technical school teacher for at least three school years and commit to teaching science, technology, engineering, or mathematics after obtaining such certification or licensing.

Directs the Secretary to provide program participants with: (1) a stipend for use in obtaining certification or licensing; or (2) a larger bonus if they agree to perform their service in high-need schools.

Requires the Secretary to establish an Advisory Board to oversee the program.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``USDA Debarment Act of 1993''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) dating back to 1986, several Secretaries of Agriculture
        have failed to comply with Executive Order No. 12549, which was
        intended to ensure that the Federal Government did not continue
        to do business with companies that violate the regulations of a
        program of any Executive agency;
            (2) several companies that have violated the regulations of
        programs within the Department of Agriculture (such as programs
        related to international agricultural trade, food and
        nutrition, commodity storage, and livestock trade) continue to
        participate in the programs with respect to which the companies
        have violated the regulations; and
            (3) companies that have violated, and continue to violate,
        regulations governing Department programs have received
        billions of dollars, and continue to monetarily benefit.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Department.--The term ``Department'' means the United
        States Department of Agriculture.
            (2) Executive agency.--The term ``Executive agency'' has
        the same meaning as is provided in section 105 of title 5,
        United States Code.
            (3) Final determination.--The term ``final determination''
        means the final decision of the Secretary in a nonprocurement
        debarment proceeding involving a person as to whether the
        person has committed a material violation--
                    (A) including a final decision regarding the term
                of the debarment; but
                    (B) not including a decision as to whether there is
                sufficient reason for initiation of a nonprocurement
                debarment proceeding.
            (4) Material violation.--The term ``material violation''
        means an action or series of actions taken by a person that
        constitute a substantial and material violation of a regulation
        of a program of the Department, as determined by the Secretary.
            (5) Nonprocurement debarment.--The term ``nonprocurement
        debarment'' means an action to bar a person from programs and
        activities involving Federal financial and nonfinancial
        assistance offered by the Department, but not including--
                    (A) Federal procurement programs and activities;
                    (B) contracts entered into by the Commodity Credit
                Corporation under the price support operations and
                other programs of the Corporation with persons in the
                capacities of the persons as agricultural producers;
                    (C) conservation programs administered by the
                Secretary; and
                    (D) individuals and households who participate in
                nutrition assistance programs administered by the
                Secretary.
            (6) Person.--The term ``person'' means any individual,
        corporation, partnership, association, or other legal entity,
        however organized, who is participating, or has participated,
        in a program or activity of the Department.
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.

SEC. 4. NONPROCUREMENT DEBARMENT.

    (a) Initiation of Proceedings.--Except as provided in subsection
(c), if the Secretary obtains notice of the alleged occurrence of a
material violation of a regulation of a program or activity of the
Department and the Secretary determines under subsection (b) that there
is sufficient reason for initiation of a nonprocurement debarment
proceeding the Secretary shall initiate a nonprocurement debarment
proceeding against the person not later than 180 days after the
determination.
    (b) Sufficient Reason for Initiation of Nonprocurement Debarment
Proceedings.--Subject to subsection (c), sufficient reason for
initiation of a nonprocurement debarment proceeding includes, as
determined by the Secretary--
            (1) the violation of a Federal or State law relevant to the
        integrity or orderly administration of the program or activity
        of the Department in which the person is participating; or
            (2) the commission of an action that may constitute a
        material violation of a regulation applicable to a program or
        activity of the Department.
    (c) Exception.--If the Secretary determines that a decision to
initiate a nonprocurement debarment proceeding cannot be made within
the 180-day period referred to in subsection (a) because of the need to
further investigate the actions of a person relating to the alleged
material violation, the Secretary may have such additional time as the
Secretary considers necessary to make a decision, but not more than 180
days beyond the original 180-day period.

SEC. 5. NONPROCUREMENT DEBARMENT PROCEEDINGS.

    (a) Notice and Hearing.--Subsequent to the determination that there
is sufficient reason for initiation of a nonprocurement debarment
proceeding under section 4, the Secretary shall provide the person
against whom the proceeding has been initiated with--
            (1) full notice of the allegations;
            (2) the opportunity for an informal hearing not on the
        record, in which the person is provided appropriate due process
        procedures, as determined by the Secretary, including an
        opportunity to rebut any allegation of a material violation;
            (3) notice of the finding of the Secretary on whether 1 or
        more material violations were committed by the person; and
            (4) notice of the appropriate period of debarment.
    (b) Period of Debarment.--Subject to subsection (e), a person
determined to have committed a material violation shall be ineligible
to participate in the program or activity in which the material
violation occurred during the 5-year period beginning on the date of
the determination.
    (c) Previous Debarment.--Subject to subsection (e), a person who
has been previously debarred by another Executive agency, or has been
previously debarred under a nonprocurement debarment proceeding under
this Act, who is determined by the Secretary to have committed a
material violation based on a separate set of factual occurrences,
shall be permanently debarred from participating in any program or
activity of the Department.
    (d) Exhaustion of Administrative Remedies.--Prior to seeking
judicial review in a court of competent jurisdiction, a person against
whom a nonprocurement debarment proceeding has been initiated shall--
            (1) exhaust all administrative procedures prescribed by the
        Secretary; and
            (2) receive notice of the final determination of the
        Secretary.
    (e) Good Faith.--If the Secretary determines that a person, against
whom there is sufficient reason for initiation of a nonprocurement
debarment proceeding, or against whom a finding of material violation
has already been made, committed the act that is the subject of the
nonprocurement debarment proceeding in good faith, the Secretary may
reduce or eliminate the applicable periods of debarment specified in
subsections (b) and (c).
    (f) Coordination.--To the maximum extent practicable, the Secretary
shall consolidate and coordinate any nonprocurement debarment action
taken under this Act with other adverse actions within the Department,
including other nonprocurement debarment actions.
    (g) Precedence.--This Act shall take precedence over any
administrative procedure for debarment that affects the Department, to
the extent that the procedure conflicts with this Act.

SEC. 6. REPORT ON CONSISTENT DEBARMENT POLICY.

    Not later than 120 days after the date of enactment of this Act,
the Director of the Office of Management and Budget shall advise the
appropriate committees of Congress and the Comptroller General of the
United States as to the appropriateness and usefulness of a policy for
procurement debarment and a policy for nonprocurement debarment that
are applicable all Executive agencies.

SEC. 7. REGULATIONS.

    (a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary shall issue regulations to ensure compliance
with such provisions of Executive Order No. 12549 as are not in
conflict with this Act.
    (b) Rulemaking Proceeding.--Not later than 30 days after the date
of enactment of this Act, the Secretary shall initiate a rulemaking
proceeding to implement this Act. The rulemaking proceeding shall--
            (1) identify all agencies, programs, and activities that
        are affected by this Act;
            (2) specify what is sufficient reason for initiation of a
        nonprocurement debarment proceeding;
            (3) specify the procedures for the proceeding;
            (4) specify guidelines for the finding of a material
        violation; and
            (5) specify the administrative action to be taken against a
        person found to have committed a material violation.

SEC. 8. TERMINATION OF AUTHORITY.

    The authority provided by this Act shall terminate on September 30,
1999.

Output: USDA Debarment Act of 1993 - Directs the Secretary of Agriculture to carry out debarment procedures against persons materially violating nonprocurement program regulations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Defense Overseas
Educators Act''.

SEC. 2. TEMPORARY MEASURES TO FACILITATE REEMPLOYMENT OF DISPLACED
              TEACHERS.

    (a) Definitions.--For the purpose of this section--
            (1) the term ``agency'' means an Executive agency (as
        defined by section 105 of title 5, United States Code),
        excluding the General Accounting Office;
            (2) the term ``DoDDS teacher'' means a teacher within the
        meaning of section 2(2) of the Defense Department Overseas
        Teachers Pay and Personnel Practices Act (20 U.S.C. 901(2));
        and
            (3) the term ``displaced employee'' means--
                    (A) a DoDDS teacher who has been given specific
                notice that such individual is to be separated due to a
                reduction in force; and
                    (B) any individual who has been involuntarily
                separated from service as a DoDDS teacher due to a
                reduction in force.
    (b) Consideration for Vacant Positions.--In accordance with
regulations which the Office of Personnel Management shall prescribe
(consistent with otherwise applicable provisions of law), an agency
shall, in filling a vacant position for which a qualified displaced
employee has applied in timely fashion, give full consideration to the
application of the displaced employee before selecting any candidate
from outside the agency for the position.
    (c) Limitation.--A displaced employee shall remain entitled to the
consideration described in subsection (b) until the end of the 12-month
period beginning on--
            (1) the date such employee receives the specific notice
        described in subsection (a)(3)(A); or
            (2) if the employee is involuntarily separated (as
        described in subsection (a)(3)(B)), the effective date of the
        separation.
    (d) Applicability.--
            (1) In general.--This section shall apply to any individual
        who--
                    (A) becomes a displaced employee during the 12-
                month period ending on the day before the date of
                enactment of this Act; or
                    (B) becomes a displaced employee on or after the
                date of enactment of this Act and before October 1,
                1997.
            (2) Rule for applying the 12-month limitation to current
        displaced employees.--For the purpose of any displaced employee
        described in paragraph (1)(A), the 12-month period under
        subsection (c) shall be considered to begin on the date of
        enactment of this Act, rather than the date which would
        otherwise be required by subsection (c).
            (3) Positions to which this section shall not apply.--
        Nothing in this section shall be considered to apply with
        respect to any position--
                    (A) which has been filled as of the date of
                enactment of this Act; or
                    (B) which has been excepted from the competitive
                service because of its confidential, policy-
                determining, policy-making or policy-advocating
                character.

SEC. 3. TEACHER RECRUITMENT.

    (a) Amendment Relating to Benefits for Teachers Recruited Abroad.--
            (1) In general.--Section 5 of the Defense Department
        Overseas Teachers Pay and Personnel Practices Act (20 U.S.C.
        903) is amended by redesignating subsection (d) as subsection
        (e), and by inserting after subsection (c) the following:
    ``(d)(1) Each individual recruited outside the United States for
service in a teaching position shall, after such individual completes 1
full school year of service in a teaching position, be entitled to the
same benefits as an individual recruited in the United States, to the
extent that such benefits are based on service in a teaching position.
    ``(2)(A) Paragraph (1) shall not apply in the case of any
individual who is the spouse of, and residing in the same household as,
a member of a uniformed service who is eligible (as such a member) for
benefits comparable to those described in section 7 or 8 of this Act.
    ``(B) An individual shall not be considered to have ceased to
reside in the same household as a member if due to a reassignment of
such member for 90 days or less.''.
            (2) Service to be considered.--In administering the
        amendment made by paragraph (1), service performed before, on,
        or after the date of enactment of this Act shall be considered.
    (b) Amendment Relating to the Definition of a ``Teaching
Position''.--Paragraph (1) of section 2 of the Defense Department
Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(1)) is
amended by striking the period at the end of subparagraph (B)(iii) and
inserting a comma, and by adding at the end of such paragraph the
following:
        ``including those cases in which such duties and
        responsibilities are performed--
                    ``(I) in a substitute capacity;
                    ``(II) as a summer school teacher;
                    ``(III) as an instructor for the Junior Reserve
                Officers' Training Corps;
                    ``(IV) as a paraprofessional or teacher aide;
                    ``(V) for a definite term, not to exceed 1 school
                year, in the excepted service; or
                    ``(VI) for an indefinite term in the excepted
                service.''.

SEC. 4. COMPENSATION; LEAVE TRANSFERS; RECERTIF- ICATION.

    (a) Compensation; Leave Transfers.--The Defense Department Overseas
Teachers Pay and Personnel Practices Act (20 U.S.C. 901 and following)
is amended--
            (1) in sections 4(a)(2) and 5(c) by striking ``urban''; and
            (2) in section 6 by adding at the end the following:
    ``(h) The Director of Dependents' Education, in consultation with
the Director of the Office of Personnel Management, shall establish for
teachers--
            ``(1) a voluntary leave transfer program similar to the one
        under subchapter III of chapter 63 of title 5, United States
        Code; and
            ``(2) a voluntary leave bank program similar to the one
        under subchapter IV of chapter 63 of title 5, United States
        Code.''.
    (b) Recertification.--Paragraph (5) of section 1413 of the Defense
Dependents' Education Act of 1978 (20 U.S.C. 931(5)) is amended to read
as follows:
            ``(5) provide for a recertification program for
        professional personnel employed in the system to obtain not
        more than 6 semester-hours of graduate or undergraduate
        coursework in any discipline or subject area taught by schools
        of the defense dependents' education system, and''.
    (c) Applicability.--The amendments made by subsection (a)(1)--
            (1) shall apply with respect to compensation for service
        performed in fiscal years beginning more than 90 days after the
        date of enactment of this Act; and
            (2) shall be deemed not to have been enacted for purposes
        of determining compensation for service performed before the
        first fiscal year to which such amendments apply under
        paragraph (1).

SEC. 5. CONTINUED HEALTH BENEFITS.

    (a) In General.--Section 8905a(d) of title 5, United States Code,
is amended--
            (1) in paragraph (1)(A) by striking ``Except as provided in
        paragraph (4),'' and inserting ``Except as provided in
        paragraph (4) or (5),'';
            (2) in paragraph (2) by striking ``in accordance with
        paragraph (1) or (4),'' and inserting ``in accordance with
        paragraph (1), (4), or (5),''; and
            (3) by adding at the end the following:
    ``(5)(A) For the purpose of this paragraph, the term `teaching
position' has the meaning given such term under section 2(1) of the
Defense Department Overseas Teachers Pay and Personnel Practices Act.
    ``(B) If the basis for continued coverage under this section is an
involuntary separation from a teaching position due to a reduction in
force--
            ``(i) the individual shall be liable for not more than the
        employee contributions referred to in paragraph (1)(A)(i); and
            ``(ii) the agency which last employed the individual shall
        pay the remaining portion of the amount required under
        paragraph (1)(A).
    ``(C) This paragraph shall apply with respect to any individual
whose continued coverage is based on a separation occurring on or after
the date of enactment of this paragraph and before--
            ``(i) October 1, 1997; or
            ``(ii) February 1, 1998, if specific notice of such
        separation was given to such individual before October 1,
        1997.''.
    (b) Source of Payments.--Any amount which becomes payable by an
agency as a result of the enactment of subsection (a) shall be paid out
of funds or appropriations available for salaries and expenses of such
agency.

Output:
Department of Defense Overseas Educators Act - Provides for the implementation of temporary measures to facilitate reemployment in Federal agencies of Federal employees separated from teaching positions in schools for overseas Department of Defense dependents (DoDDS teachers).
Amends the Defense Department Overseas Teachers Pay and Personnel Practices Act to require that, in certain cases, DoDDS teachers recruited abroad be entitled to the same benefits as teachers recruited in the United States.
Requires the Director of Dependents' Education to establish for DoDDS teachers a voluntary leave transfer program and a voluntary leave transfer bank program.
Limits the amount of graduate or undergraduate coursework which may be taken under a recertification program for DoDDS professional personnel.
Amends Federal law to provide for continued health benefits for DoDDS teachers involuntarily separated from service under a reduction in force.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Livestock Concentration Report
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Antitrust laws.--The term ``antitrust laws'' has the
        meaning provided in subsection (a) of the first section of the
        Clayton Act (15 U.S.C. 12(a)), except that the term includes
        section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to
        the extent the section applies to unfair methods of
        competition.
            (2) Commission.--The term ``Commission'' means the
        Commission on Concentration in the Livestock Industry
        established under section 3.
            (3) Study of concentration in the red meat packing
        industry.--The term ``study of concentration in the red meat
        packing industry'' means the study of concentration in the red
        meat packing industry proposed by the Department of Agriculture
        in the Federal Register on January 9, 1992 (57 Fed. Reg. 875),
        and for which funds were appropriated by Public Law 102-142
        (105 Stat. 878).

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) In General.--A Commission on Concentration in the Livestock
Industry shall be established that shall be composed of--
            (1) the Secretary of Agriculture, who shall be the
        chairperson of the Commission; and
            (2) 2 members who represent each of the following
        categories:
                    (A) Cattle producers.
                    (B) Hog producers.
                    (C) Lamb producers.
                    (D) Meat packers.
                    (E) Experts in antitrust laws.
                    (F) Economists.
                    (G) Corporate chief financial officers.
                    (H) Corporate procurement experts.
    (b) Appointment.--The members of the Commission appointed under
subsection (a)(2) shall be appointed as follows:
            (1) The President shall appoint 4 members.
            (2) The Majority Leader of the Senate shall appoint 4
        members.
            (3) The Minority Leader of the Senate shall appoint 2
        members.
            (4) The Speaker of the House of Representatives shall
        appoint 4 members.
            (5) The Minority Leader of the House of Representatives
        shall appoint 2 members.

SEC. 4. DUTIES OF COMMISSION.

    (a) In General.--The Commission shall--
            (1) determine whether the study of concentration in the red
        meat packing industry adequately--
                    (A) examined and identified procurement markets for
                slaughter cattle in the continental United States;
                    (B) analyzed the effects that slaughter cattle
                procurement practices, and concentration in the
                procurement of slaughter cattle, have on the purchasing
                and pricing of slaughter cattle by beef packers;
                    (C) examined the use of captive cattle supply
                arrangements by beef packers and the effects of the
                arrangements on slaughter cattle markets;
                    (D) examined the economics of vertical integration
                and of coordination arrangements in the hog
                slaughtering and processing industry;
                    (E) examined the pricing and procurement by hog
                slaughtering plants operating in the Eastern corn belt;
                    (F) reviewed the pertinent research literature on
                issues relating to the structure and operation of the
                meat packing industry; and
                    (G) represents, with respect to the matters
                described in subparagraphs (A) through (F), the current
                situation in the livestock industry compared to the
                situation of the industry reflected in the data on
                which the study is based;
            (2) to request the Attorney General to report on the
        application of the antitrust laws and operation of other
        Federal laws applicable, with respect to concentration and
        vertical integration in the procurement and pricing of
        slaughter cattle and of slaughter hogs by meat packers;
            (3) review laws and regulations relating to the operation
        of the meat packing industry regarding the concentration,
        vertical integration, and vertical coordination in the
        industry;
            (4) review the farm-to-retail price spread for livestock
        during the period beginning on January 1, 1993, and ending on
        the date the report is submitted under section 5(a);
            (5) review the adequacy of price data obtained by the
        Department of Agriculture under section 203 of the Agricultural
        Marketing Act of 1946 (7 U.S.C. 1622);
            (6) make recommendations regarding the adequacy of price
        discovery in the livestock industry for animals held for
        market; and
            (7) review the lamb industry study completed by the
        Department of Justice during 1993.
    (b) Solicitation of Information.--For purposes of complying with
paragraphs (2), (3), and (4) of subsection (a), the Commission shall
solicit information from all parts of the livestock industry, including
livestock producers, livestock marketers, industry employees, meat
packers, meat processors, and retailers.

SEC. 5. REPORT AND TERMINATION.

    (a) Report.--Not later than 90 days after the study of
concentration in the red meat packing industry is submitted to
Congress, the Commission shall submit to the President, the Speaker of
the House of Representatives, and the President pro tempore of the
Senate a report summarizing the results of the duties carried out under
section 4.
    (b) Termination.--Not later than 30 days after submission of the
report, the Commission shall terminate.

            Passed the Senate December 20, 1995.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                                S. 1340

_______________________________________________________________________

                                 AN ACT

 To establish a Commission on Concentration in the Livestock Industry,
                        and for other purposes.

Output:
Livestock Concentration Report Act - Establishes a Commission on Concentration in the Livestock Industry composed of the Secretary of Agriculture, cattle, hog, and lamb producers, meat packers, corporate representatives, economists, and antitrust experts to review:  (1) the adequacy of the study of concentration in the red meat packing industry; (2) the impact of antitrust, coordination, and other laws affecting the meat packing industry; (3) certain farm-to-retail and other price related data; (4) a specified lamb study; and (5) certain hog processing activities.
Requires the Commission to report to the Congress within a specified time, and terminates the Commission within a specified time after such submission.