Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Responsible Debt Relief and
Democracy Reform Act''.

SEC. 2. ADDITIONAL REQUIREMENTS FOR CANCELLATION OR REDUCTION OF DEBT
              OWED TO THE UNITED STATES.

    The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended by adding at the end the following:

  ``PART VI--ADDITIONAL REQUIREMENTS FOR CANCELLATION OR REDUCTION OF
                     DEBT OWED TO THE UNITED STATES

``SEC. 901. CANCELLATION OR REDUCTION OF DEBT.

    ``Beginning on and after the date of the enactment of this part,
the President may cancel or reduce amounts owed to the United States
(or any agency of the United States) by foreign countries as a result
of concessional or nonconcessional loans made, guarantees issued, or
credits extended under any other provision of law only if, in addition
to the requirements contained under the applicable provisions of law
providing authority for the debt cancellation or reduction, the
requirements contained in section 902 are satisfied.

``SEC. 902. ADDITIONAL REQUIREMENTS.

    ``(a) In General.--A foreign country shall be eligible for
cancellation or reduction of debt under any other provision of law only
if the government of the country--
            ``(1) ensures freedom of the press;
            ``(2) ensures freedom of association;
            ``(3) has established an independent and nondiscriminatory
        judiciary;
            ``(4) provides for the reduction or elimination of
        corruption relating to public officials, including--
                    ``(A) the promulgation of laws to prohibit bribery
                of and by public officials, including disclosure of
                assets by such officials upon taking office,
                periodically while in office, and upon leaving office;
                    ``(B) the establishment of an independent anti-
                corruption commission--
                            ``(i) to receive and verify the disclosure
                        of assets by public officials in accordance
                        with subparagraph (A); and
                            ``(ii) to investigate allegations or
                        corruption or misconduct by public officials
                        and to make all findings available to the
                        appropriate administrative or judicial
                        entities; and
                    ``(C) the establishment of an independent agency--
                            ``(i) to audit the financial activities of
                        public officials and agencies; and
                            ``(ii) to make all audits under clause (i)
                        available to the appropriate administrative or
                        judicial entities;
            ``(5) is elected through free and fair elections;
            ``(6) does not engage in a consistent pattern of gross
        violations of internationally recognized human rights; and
            ``(7) does not repeatedly provided support for acts of
        international terrorism, as determined by the Secretary of
        State under section 6(j)(1) of the Export Administration Act of
        1979 (50 U.S.C. App. 2405(j)(1)) or section 620A(a) of the
        Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)).
    ``(b) Exceptions.--The President may waive the application of 1 or
more of the requirements of subsection (a) with respect to the
cancellation or reduction of debt owed to the United States by a
foreign country--
            ``(1) for emergency humanitarian relief purposes;
            ``(2) if the President determines that it is in the
        national security interests of the United States to do so; or
            ``(3) if the President determines that the foreign country
        is making demonstrable progress in meeting the requirements of
        paragraphs (1) through (7) of subsection (a) by adopting
        appropriate legal and other related reforms.
    ``(c) Congressional Notification.--Not later than 7 days prior to
the cancellation or reduction of debt in accordance with section 901,
the President shall transmit to the Congress a report that contains a
justification for the determination by the President that--
            ``(1) the requirements contained in each of paragraphs (1)
        through (7) of subsection (a) have been satisfied with respect
        to the foreign country involved; or
            ``(2) the requirement of paragraph (1), (2), or (3) of
        subsection (b) has been satisfied with respect to the foreign
        country involved.''.

SEC. 3. SENSE OF THE CONGRESS RELATING TO CANCELLATION OR REDUCTION OF
              MULTILATERAL DEBT.

    It is the sense of the Congress that the President should instruct
the United States Executive Director at each international financial
institution to which the United States is a member to use the voice,
vote, and influence of the United States to urge that the cancellation
or reduction of debt owed to the institution by a country may be
provided only if the country meets the same requirements applicable to
the cancellation or reduction of amounts owed to the United States
under paragraphs (1) through (7) of section 902(b) of the Foreign
Assistance Act of 1961 (as added by section 2).

Output: Expresses the sense of Congress that the President should instruct the U.S. Executive Director at each international financial institution to use the U.S. voice, vote, and influence to urge that the cancellation or reduction of debt owed to the institution by a country be provided only if it meets the additional requirements of this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting American Trade Secrets
and Innovation Act of 2012''.

SEC. 2. FEDERAL JURISDICTION FOR THEFT OF TRADE SECRETS.

    (a) In General.--Section 1836 of title 18, United States Code, is
amended to read as follows:
``Sec. 1836. Civil proceedings
    ``(a) Private Civil Actions.--
            ``(1) In general.--A person may bring a civil action under
        this subsection if the person is aggrieved by--
                    ``(A) a violation of section 1831(a) or 1832(a); or
                    ``(B) a misappropriation of a trade secret that is
                related to or included in a product that is produced
                for or placed in interstate or foreign commerce.
            ``(2) Pleadings.--A complaint filed in a civil action
        brought under this subsection shall--
                    ``(A) describe with specificity the reasonable
                measures taken to protect the secrecy of the alleged
                trade secrets in dispute; and
                    ``(B) include a sworn representation by the party
                asserting the claim that the dispute involves either
                substantial need for nationwide service of process or
                misappropriation of trade secrets from the United
                States to another country.
            ``(3) Civil ex parte seizure order.--
                    ``(A) In general.--In a civil action brought under
                this subsection, the court may, upon ex parte
                application and if the court finds by clear and
                convincing evidence that issuing the order is necessary
                to prevent irreparable harm, issue an order providing
                for--
                            ``(i) the seizure of any property
                        (including computers) used or intended to be
                        used, in any manner or part, to commit or
                        facilitate the commission of the violation
                        alleged in the civil action; and
                            ``(ii) the preservation of evidence in the
                        civil action.
                    ``(B) Scope of orders.--An order issued under
                subparagraph (A) shall--
                            ``(i) authorize the retention of the seized
                        property for a reasonably limited period, not
                        to exceed 72 hours under the initial order,
                        which may be extended by the court after notice
                        to the affected party and an opportunity to be
                        heard;
                            ``(ii) require that any copies of seized
                        property made by the requesting party be made
                        at the expense of the requesting party;
                            ``(iii) require the requesting party to
                        return the seized property to the party from
                        which the property were seized at the end of
                        the period authorized under clause (i),
                        including any extension; and
                            ``(iv) include an appropriate protective
                        order with respect to discovery and use of any
                        property that has been seized, which shall
                        provide for appropriate procedures to ensure
                        that confidential, private, proprietary, or
                        privileged information contained in the seized
                        property is not improperly disclosed or used.
                    ``(C) Seizures.--A party injured by a seizure under
                an order under this paragraph--
                            ``(i) may bring a civil action against the
                        applicant for the order; and
                            ``(ii) shall be entitled to recover
                        appropriate relief, including--
                                    ``(I) damages for lost profits,
                                cost of materials, and loss of good
                                will;
                                    ``(II) if the seizure was sought in
                                bad faith, punitive damages; and
                                    ``(III) unless the court finds
                                extenuating circumstances, to recover a
                                reasonable attorney's fee.
            ``(4) Remedies.--In a civil action brought under this
        subsection, a court may--
                    ``(A) issue--
                            ``(i) an order for appropriate injunctive
                        relief against any violation described in
                        paragraph (1), including the actual or
                        threatened misappropriation of trade secrets;
                            ``(ii) if determined appropriate by the
                        court, an order requiring affirmative actions
                        to be taken to protect a trade secret; and
                            ``(iii) if the court determines that it
                        would be unreasonable to prohibit use of a
                        trade secret, an order requiring payment of a
                        reasonable royalty for any use of the trade
                        secret;
                    ``(B) award--
                            ``(i) damages for actual loss caused by the
                        misappropriation of a trade secret; and
                            ``(ii) damages for any unjust enrichment
                        caused by the misappropriation of the trade
                        secret that is not addressed in computing
                        damages for actual loss;
                    ``(C) if the trade secret described in paragraph
                (1)(B) is willfully or maliciously misappropriated,
                award exemplary damages in an amount not more than the
                amount of the damages awarded under subparagraph (B);
                and
                    ``(D) if a claim of misappropriation is made in bad
                faith, a motion to terminate an injunction is made or
                opposed in bad faith, or a trade secret is willfully
                and maliciously misappropriated, award reasonable
                attorney's fees to the prevailing party.
    ``(b) Jurisdiction.--The district courts of the United States shall
have original jurisdiction of civil actions brought under this section.
    ``(c) Period of Limitations.--A civil action under this section may
not be commenced later than 3 years after the date on which the
misappropriation is discovered or by the exercise of reasonable
diligence should have been discovered. For purposes of this subsection,
a continuing misappropriation constitutes a single claim of
misappropriation.''.
    (b) Definitions.--Section 1839 of title 18, United States Code, is
amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(5) the term `misappropriation' means--
                    ``(A) acquisition of a trade secret of another by a
                person who knows or has reason to know that the trade
                secret was acquired by improper means; or
                    ``(B) disclosure or use of a trade secret of
                another without express or implied consent by a person
                who--
                            ``(i) used improper means to acquire
                        knowledge of the trade secret;
                            ``(ii) at the time of disclosure or use,
                        knew or had reason to know that the knowledge
                        of the trade secret was--
                                    ``(I) derived from or through a
                                person who had used improper means to
                                acquire the trade secret;
                                    ``(II) acquired under circumstances
                                giving rise to a duty to maintain the
                                secrecy of the trade secret or limit
                                the use of the trade secret; or
                                    ``(III) derived from or through a
                                person who owed a duty to the person
                                seeking relief to maintain the secrecy
                                of the trade secret or limit the use of
                                the trade secret; or
                            ``(iii) before a material change of the
                        position of the person, knew or had reason to
                        know that--
                                    ``(I) the trade secret was a trade
                                secret; and
                                    ``(II) knowledge of the trade
                                secret had been acquired by accident or
                                mistake; and
            ``(6) the term `improper means'--
                    ``(A) includes theft, bribery, misrepresentation,
                breach or inducement of a breach of a duty to maintain
                secrecy, or espionage through electronic or other
                means; and
                    ``(B) does not include reverse engineering or
                independent derivation.''.
    (c) Technical and Conforming Amendment.--The table of sections for
chapter 90 of title 18, United States Code, is amended by striking the
item relating to section 1836 and inserting the following:

``1836. Civil proceedings.''.
    (d) Rule of Construction.--Nothing in the amendments made by this
section shall be construed to modify the rule of construction under
section 1838 of title 18, United States Code, or to preempt any other
provision of law.

Output:
Protecting American Trade Secrets and Innovation Act of 2012 - Amends the federal criminal code to authorize a person who is aggrieved by an act of economic espionage, theft of a trade secret, or misappropriation of a trade secret that is related to or included in a product that is produced for or placed in interstate or foreign commerce to bring a civil action under this Act (current law authorizes the Attorney General to bring a civil action to obtain injunctive relief against any violation of provisions regarding the protection of trade secrets).

Requires a complaint filed in such an action to: (1) describe with specificity the reasonable measures taken to protect the secrecy of the alleged trade secrets in dispute, and (2) include a sworn representation by the party asserting the claim that the dispute involves either substantial need for nationwide service of process or misappropriation of trade secrets from the United States to another country.

Authorizes the court, in a civil action, upon ex parte application and if the court finds by clear and convincing evidence that issuing the order is necessary to prevent irreparable harm, to issue an order providing for: (1) the seizure of any property (including computers) used or intended to be used to commit or facilitate the commission of the alleged violation, and (2) the preservation of evidence.

Sets forth provisions regarding the scope of such an order, rights of a party injured by a seizure under such an order, and remedies with respect to civil actions brought under this Act. Establishes a three-year limitations period, beginning when the misappropriation is discovered or should have been discovered.


Input:
SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``Adult Education Instructor
Recruitment and Retention Act of 2002''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Adult literacy and remedial education teachers provide
        adults and out-of-school youths basic skills that equip them to
        solve problems and become active participants in our society,
        to hold a job, and to further their education.
            (2) Students in adult literacy and remedial education
        classes are made up of those who dropped out of school or have
        passed through the school system without an adequate education.
        It also includes students who want to take the General
        Educational Development examination and, increasingly,
        immigrants whose native language is not English.
            (3) In the year 1998, there were over 4,000,000 students
        enrolled in adult education programs throughout the United
        States.
            (4) Nearly one-fourth of the 4,000,000 students enrolled
        were unemployed. Another 24 percent were working poor. Welfare
        recipients comprised almost 10 percent of all students in 1998.
            (5) That same year, there were 177,943 adult education
        instructors. Nearly 23,000 of those were working full-time,
        with another 69,129 working part-time. The remaining 85,924
        teachers were volunteers.
            (6) Adult education has been shown to assist persons in
        achieving job skills and gain or advance in employment. For
        example, in 1998, over 150,000 adult education students went on
        to do other training; nearly 300,000 students retained,
        advanced, or gained employment.
            (7) As employers increasingly require a more literate
        workforce, workers' demand will grow for all types of literacy
        and remedial classes.
            (8) A softening economy may require more students to obtain
        additional education to get a job.
            (9) Adult education instructors often feel they are not as
        respected by education departments as their general education
        peers. Funding is generally inadequate, and resources are often
        old or nonexistent. Funding level changes can cause the number
        of teaching jobs to fluctuate from year to year.
            (10) Median hourly earnings of adult literacy and remedial
        education teachers and high school equivalency instructors were
        $16.12 in 2000. Yet, many adult education teachers have high
        student loans that they need to repay.

SEC. 3. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS.

    (a) Guaranteed Student Loans.--Part B of title IV of the Higher
Education Act of 1965 is amended by inserting after section 428K (20
U.S.C. 1078-11) the following new section:

``SEC. 428L. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS.

    ``(a) Purpose.--It is the purpose of this section--
            ``(1) to bring more highly trained individuals into the
        adult education profession; and
            ``(2) to keep more highly trained adult education
        instructors in the adult education field for longer periods of
        time.
    ``(b) Definitions.--In this section:
            ``(1) Adult education facility.--The term `adult education
        facility' means a facility that provides any of the following
        types of educational instruction for individuals 16 years old
        and older:
                    ``(A) Education for adults with limited English
                proficiency.
                    ``(B) Adult secondary education.
                    ``(C) Literacy education for older adults.
                    ``(D) Adult basic education programs for adults
                with disabilities.
            ``(2) Year.--The term `year', when applied to service as an
        adult education instructor means any period of 365 consecutive
        days.
            ``(3) Low-income family.--The term `low-income family'
        means a low-income family, as determined by the local
        educational agency for purposes of allocating funds to schools
        under section 1113(c)(1) of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 6313(c)(1)).
            ``(4) Low-income community.--An adult education facility is
        serving a low-income community if at least 70 percent of the
        students enrolled at the facility are from low-income families.
            ``(5) Full-time.--The term `full-time' means employment
        that includes at least 30 hours per week of adult education
        teaching.
    ``(c) Program Authorized.--The Secretary shall carry out a program,
through the holder of the loan, of assuming the obligation to repay a
qualified loan amount for a loan made under section 428 or 428H, in
accordance with subsection (d) of this section, for any borrower who--
            ``(1) has been employed as a full-time teacher for 3
        consecutive years in an adult education facility that serves a
        low-income community; and
            ``(2) is not in default on a loan for which the borrower
        seeks forgiveness.
    ``(d) Loan Repayment.--
            ``(1) In general.--The Secretary shall assume the
        obligation to repay a qualified loan amount for each year of
        employment described in subsection (c)(1) completed after the
        date of enactment of this section, but counting consecutive
        years before or after such date for purposes of determining the
        number of consecutive years. Such qualified loan amount shall
        be equal to--
                    ``(A) $500 for the third consecutive year of
                employment;
                    ``(B) $1,000 for the fourth consecutive year of
                such employment;
                    ``(C) $1,500 for the fifth consecutive year of such
                employment; and
                    ``(D) $2,000 for the sixth consecutive year of such
                employment.
            ``(2) No refunds.--Nothing in this section shall be
        construed to authorize the refunding of any repayment of a loan
        made under this part.
            ``(3) Interest.--If a portion of a loan is repaid by the
        Secretary under this section for any year, the proportionate
        amount of interest on such loan which accrues for such year
        shall be repaid by the Secretary.
            ``(4) Ineligibility of national service award recipients.--
        No student borrower may, for the same service, receive a
        benefit under both this section and subtitle D of title I of
        the National and Community Service Act of 1990 (42 U.S.C. 12601
        et seq.).
    ``(e) Repayment to Eligible Lenders.--The Secretary shall pay to
each eligible lender or holder for each fiscal year an amount equal to
the aggregate amount of loans which are subject to repayment pursuant
to this section for such year.
    ``(f) Application for Repayment.--
            ``(1) In general.--Each eligible individual desiring loan
        repayment under this section shall submit a complete and
        accurate application to the Secretary at such time, in such
        manner, and containing such information as the Secretary may
        require.
            ``(2) Conditions.--An eligible individual may apply for
        loan repayment under this section after completing each year of
        qualifying employment. The borrower shall receive forbearance
        while engaged in qualifying employment unless the borrower is
        in deferment while so engaged.
    ``(g) Regulations.--The Secretary is authorized to prescribe such
regulations as may be necessary to carry out the provisions of this
section.
    ``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for fiscal year
2003, and such sums as may be necessary for succeeding fiscal years.''.
    (b) Direct Loans.--Part D of title IV of the Higher Education Act
of 1965 is amended by inserting after section 460 (20 U.S.C. 1087j) the
following new section:

``SEC. 460A. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS.

    ``(a) Purpose.--It is the purpose of this section--
            ``(1) to bring more highly trained individuals into the
        adult education profession; and
            ``(2) to keep more highly trained adult education
        instructors in the adult education field for longer periods of
        time.
    ``(b) Definitions.--In this section:
            ``(1) Adult education facility.--The term `adult education
        facility' means a facility that provides any of the following
        types of educational instruction for individuals 16 years old
        and older:
                    ``(A) Education for adults with limited English
                proficiency.
                    ``(B) Adult secondary education.
                    ``(C) Literacy education for older adults.
                    ``(D) Adult basic education programs for adults
                with disabilities.
            ``(2) Year.--The term `year', when applied to service as an
        adult education instructor means any period of 365 consecutive
        days.
            ``(3) Low-income family.--The term `low-income family'
        means a low-income family, as determined by the local
        educational agency for purposes of allocating funds to schools
        under section 1113(c)(1) of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 6313(c)(1)).
            ``(4) Low-income community.--An adult education facility is
        serving a low-income community if at least 70 percent of the
        students enrolled at the facility are from low-income families.
            ``(5) Full-time.--The term `full-time' means employment
        that includes at least 30 hours per week of adult education
        teaching.
    ``(c) Program Authorized.--The Secretary shall carry out a program
of cancelling the obligation to repay a qualified loan amount for
Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford
Loans in accordance with subsection (d) of this section, for any
borrower who--
            ``(1) has been employed as a full-time teacher for 3
        consecutive years in an adult education facility that serves a
        low-income community; and
            ``(2) is not in default on a loan for which the borrower
        seeks forgiveness.
    ``(d) Loan Repayment.--
            ``(1) In general.--The Secretary shall cancel the
        obligation to repay a qualified loan amount for each year of
        employment described in subsection (c)(1) completed after the
        date of enactment of this section, but counting consecutive
        years before or after such date for purposes of determining the
        number of consecutive years. Such qualified loan amount shall
        be equal to--
                    ``(A) $500 for the third consecutive year of
                employment;
                    ``(B) $1,000 for the fourth consecutive year of
                such employment;
                    ``(C) $1,500 for the fifth consecutive year of such
                employment; and
                    ``(D) $2,000 for the sixth consecutive year of such
                employment.
            ``(2) No refunds.--Nothing in this section shall be
        construed to authorize the refunding of any repayment of a loan
        made under this part.
            ``(3) Interest.--If a portion of a loan is repaid by the
        Secretary under this section for any year, the proportionate
        amount of interest on such loan which accrues for such year
        shall be repaid by the Secretary.
            ``(4) Ineligibility of national service award recipients.--
        No student borrower may, for the same service, receive a
        benefit under both this section and subtitle D of title I of
        the National and Community Service Act of 1990 (42 U.S.C. 12601
        et seq.).
    ``(e) Repayment to Eligible Lenders.--The Secretary shall pay to
each eligible lender or holder for each fiscal year an amount equal to
the aggregate amount of loans which are subject to repayment pursuant
to this section for such year.
    ``(f) Application for Repayment.--
            ``(1) In general.--Each eligible individual desiring loan
        repayment under this section shall submit a complete and
        accurate application to the Secretary at such time, in such
        manner, and containing such information as the Secretary may
        require.
            ``(2) Conditions.--An eligible individual may apply for
        loan repayment under this section after completing each year of
        qualifying employment. The borrower shall receive forbearance
        while engaged in qualifying employment unless the borrower is
        in deferment while so engaged.
    ``(g) Regulations.--The Secretary is authorized to prescribe such
regulations as may be necessary to carry out the provisions of this
section.
    ``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for fiscal year
2003, and such sums as may be necessary for succeeding fiscal years.''.

Output: Adult Education Instructor Recruitment and Retention Act of 2002 - Amends the Higher Education Act of 1965 to establish student loan forgiveness programs for adult education instructors.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Prosecutors Retirement
Benefit Equity Act of 2001''.

SEC. 2. INCLUSION OF FEDERAL PROSECUTORS IN THE DEFINITION OF A LAW
              ENFORCEMENT OFFICER.

    (a) Civil Service Retirement System.--
            (1) In general.--Paragraph (20) of section 8331 of title 5,
        United States Code, is amended by striking ``position.'' and
        inserting ``position and a Federal prosecutor.''.
            (2) Federal prosecutor defined.--Section 8331 of title 5,
        United States Code, is amended--
                    (A) in paragraph (27), by striking ``and'' at the
                end;
                    (B) in paragraph (28), by striking the period and
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(29) `Federal prosecutor' means--
                    ``(A) an assistant United States attorney under
                section 542 of title 28; or
                    ``(B) an attorney employed by the Department of
                Justice and designated by the Attorney General of the
                United States.''.
    (b) Federal Employees' Retirement System.--
            (1) In general.--Paragraph (17) of section 8401 of title 5,
        United States Code, is amended--
                    (A) in subparagraph (C), by striking ``and'' at the
                end;
                    (B) in subparagraph (D), by adding ``and'' after
                the semicolon; and
                    (C) by adding at the end the following:
                    ``(E) a Federal prosecutor;''.
            (2) Federal prosecutor defined.--Section 8401 of title 5,
        United States Code, is amended--
                    (A) in paragraph (33), by striking ``and'' at the
                end;
                    (B) in paragraph (34), by striking the period and
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(35) `Federal prosecutor' means--
                    ``(A) an assistant United States attorney under
                section 542 of title 28; or
                    ``(B) an attorney employed by the Department of
                Justice and designated by the Attorney General of the
                United States.''.
    (c) Treatment Under Certain Provisions of Law (Unrelated to
Retirement) To Remain Unchanged.--
            (1) Original appointments.--Subsections (d) and (e) of
        section 3307 of title 5, United States Code, are amended by
        adding at the end of each the following: ``The preceding
        sentence shall not apply in the case of an original appointment
        of a Federal prosecutor as defined under section 8331(29) or
        8401(35).''.
            (2) Mandatory separation.--Sections 8335(b) and 8425(b) of
        title 5, United States Code, are amended by adding at the end
        of each the following: ``The preceding provisions of this
        subsection shall not apply in the case of a Federal prosecutor
        as defined under section 8331(29) or 8401(35).''.
    (d) Effective Date.--The amendments made by this section shall take
effect on the first day of the first applicable pay period beginning on
or after 120 days after the date of enactment of this Act.

SEC. 3. PROVISIONS RELATING TO INCUMBENTS.

    (a) Definitions.--In this section, the term--
            (1) ``Federal prosecutor'' means--
                    (A) an assistant United States attorney under
                section 542 of title 28, United States Code; or
                    (B) an attorney employed by the Department of
                Justice and designated by the Attorney General of the
                United States; and
            (2) ``incumbent'' means an individual who is serving as a
        Federal prosecutor on the effective date of this section.
    (b) Designated Attorneys.--If the Attorney General of the United
States makes any designation of an attorney to meet the definition
under subsection (a)(1)(B) for purposes of being an incumbent under
this section,--
            (1) such designation shall be made before the effective
        date of this section; and
            (2) the Attorney General shall submit to the Office of
        Personnel Management before that effective date--
                    (A) the name of the individual designated; and
                    (B) the period of service performed by that
                individual as a Federal prosecutor before that
                effective date.
    (c) Notice Requirement.--Not later than 9 months after the date of
enactment of this Act, the Department of Justice shall take measures
reasonably designed to provide notice to incumbents on--
            (1) their election rights under this Act; and
            (2) the effects of making or not making a timely election
        under this Act.
    (d) Election Available to Incumbents.--
            (1) In general.--An incumbent may elect, for all purposes,
        to be treated--
                    (A) in accordance with the amendments made by this
                Act; or
                    (B) as if this Act had never been enacted.
            (2) Failure to elect.--Failure to make a timely election
        under this subsection shall be treated in the same way as an
        election under paragraph (1)(A), made on the last day allowable
        under paragraph (3).
            (3) Time limitation.--An election under this subsection
        shall not be effective unless the election is made not later
        than the earlier of--
                    (A) 120 days after the date on which the notice
                under subsection (c) is provided; or
                    (B) the date on which the incumbent involved
                separates from service.
    (e) Limited Retroactive Effect.--
            (1) Effect on retirement.--In the case of an incumbent who
        elects (or is deemed to have elected) the option under
        subsection (d)(1)(A), all service performed by that individual
        as a Federal prosecutor shall--
                    (A) to the extent performed on or after the
                effective date of that election, be treated in
                accordance with applicable provisions of subchapter III
                of chapter 83 or chapter 84 of title 5, United States
                Code, as amended by this Act; and
                    (B) to the extent performed before the effective
                date of that election, be treated in accordance with
                applicable provisions of subchapter III of chapter 83
                or chapter 84 of such title, as if the amendments made
                by this Act had then been in effect.
            (2) No other retroactive effect.--Nothing in this Act
        (including the amendments made by this Act) shall affect any of
        the terms or conditions of an individual's employment (apart
        from those governed by subchapter III of chapter 83 or chapter
        84 of title 5, United States Code) with respect to any period
        of service preceding the date on which such individual's
        election under subsection (d) is made (or is deemed to have
        been made).
    (f) Individual Contributions for Prior Service.--
            (1) In general.--An individual who makes an election under
        subsection (d)(1)(A) may, with respect to prior service
        performed by such individual, contribute to the Civil Service
        Retirement and Disability Fund the difference between the
        individual contributions that were actually made for such
        service and the individual contributions that should have been
        made for such service if the amendments made by section 2 had
        then been in effect.
            (2) Effect of not contributing.--If no part of or less than
        the full amount required under paragraph (1) is paid, all prior
        service of the incumbent shall remain fully creditable as law
        enforcement officer service, but the resulting annuity shall be
        reduced in a manner similar to that described in section
        8334(d)(2) of title 5, United States Code, to the extent
        necessary to make up the amount unpaid.
            (3) Prior service defined.--For purposes of this section,
        the term ``prior service'' means, with respect to any
        individual who makes an election under subsection (d)(1)(A),
        service performed by such individual before the date as of
        which appropriate retirement deductions begin to be made in
        accordance with such election.
    (g) Government Contributions for Prior Service.--
            (1) In general.--If an incumbent makes an election under
        subsection (d)(1)(A), the Department of Justice shall remit to
        the Office of Personnel Management, for deposit in the Treasury
        of the United States to the credit of the Civil Service
        Retirement and Disability Fund, the amount required under
        paragraph (2) with respect to such service.
            (2) Amount required.--The amount the Department of Justice
        is required to remit is, with respect to any prior service, the
        total amount of additional Government contributions to the
        Civil Service Retirement and Disability Fund (over and above
        those actually paid) that would have been required if the
        amendments made by section 2 had then been in effect.
            (3) Contributions to be made ratably.--Government
        contributions under this subsection on behalf of an incumbent
        shall be made by the Department of Justice ratably (on at least
        an annual basis) over the 10-year period beginning on the date
        referred to in subsection (f)(3).
    (h) Regulations.--Except as provided under section 4, the Office of
Personnel Management shall prescribe regulations necessary to carry out
this Act, including provisions under which any interest due on the
amount described under subsection (f) shall be determined.
    (i) Effective Date.--This section shall take effect 120 days after
the date of enactment of this Act.

SEC. 4. DEPARTMENT OF JUSTICE ADMINISTRATIVE ACTIONS.

    (a) Definition.--In this section the term ``Federal prosecutor''
has the meaning given under section 3(a)(1).
    (b) Regulations.--
            (1) In general.--Not later than 120 days after the date of
        enactment of this Act, the Attorney General of the United
        States shall--
                    (A) consult with the Office of Personnel Management
                on this Act (including the amendments made by this
                Act); and
                    (B) promulgate regulations for making designations
                of Federal prosecutors who are not assistant United
                States attorneys.
            (2) Contents.--Any regulations promulgated under paragraph
        (1) shall ensure that attorneys designated as Federal
        prosecutors who are not assistant United States attorneys have
        routine employee responsibilities that are substantially
        similar to those of assistant United States attorneys assigned
        to the litigation of criminal cases, such as the representation
        of the United States before grand juries and in trials,
        appeals, and related court proceedings.
    (c) Designations.--The designation of any Federal prosecutor who is
not an assistant United States attorney for purposes of this Act
(including the amendments made by this Act) shall be at the discretion
of the Attorney General of the United States.

Output: Federal Prosecutors Retirement Benefit Equity Act of 2001 - Amends Federal civil service law to include Federal prosecutors within the definition of "law enforcement officer" (LEO). Extends LEO benefits under the Civil Service Retirement System and the Federal Employees' Retirement System to Federal prosecutors, including Assistant United States Attorneys (AUSAs), and such other attorneys in the Department of Justice (DOJ) as may be designated by the Attorney General. Exempts Federal prosecutors from mandatory retirement provisions for LEOs under the civil service laws.Requires DOJ to provide notice to incumbent Federal prosecutors of their rights under this Act. Allows incumbents to opt out of the LEO retirement program. Sets forth provisions governing the crediting of prior service by incumbents. Provides for make-up contributions for prior service of incumbents to the Civil Service Retirement and Disability Fund.Gives incumbents the option of either contributing to their own share of any make-up contributions or receiving a proportionally lesser retirement benefit. Allows the Government to contribute its share of any make-up contribution ratably over a ten-year period.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Employment Dispute
Resolution Act of 2000 (NEDRA)''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The prohibitive costs and emotional toll of litigation
        as well as the growing backlog of employment civil rights
        claims and lawsuits has impeded the protection and enforcement
        of workplace civil rights.
            (2) Mediation is an economical, participatory, and
        expeditious alternative to traditional, less cooperative
        methods of resolving employment disputes.
            (3) Mediation enables disputants to craft creative
        solutions and settlements, surpassing the reach of traditional
        remedies, thereby possibly protecting the continuity of the
        employment relationship.
            (4) As we enter the new millennium, a national program of
        directed or required participation in mediation where any
        settlement is voluntary mandated mediation for certain
        employment and contract disputes, will help fulfill the goal of
        equal opportunity in work and business places of the United
        States.
            (5) Overt and subtle discrimination still exists in our
        society and in the workplace.
            (6) Overt and subtle forms of discrimination cause
        substantial measurable economic and noneconomic costs to
        employers and the American workforce, create a barrier to fully
        realizing equal opportunity in the workplace, and are contrary
        to public policy promoting equal opportunity in the workplace.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish a fair and effective alternative means by
        which employees and covered employers may have an increased
        likelihood of resolving both alleged overt and subtle forms or
        acts of discrimination without the necessity of the employee
        taking some form of legal action against the employer,
            (2) in accordance with the various public policies
        encouraging the use of mediation, to make mediation available
        at an early stage of an employment dispute, thus--
                    (A) possibly reducing economic and noneconomic
                costs,
                    (B) preserving the employment relationship and
                decreasing acrimony, and
                    (C) decreasing the filing of a number of formal
                discrimination complaints, charges, and lawsuits and
                further burdening our public justice system, and
            (3) to provide that the participation in mediation shall
        not preclude either the employee-disputant or covered employer-
        disputant from having access to the public justice system.

SEC. 3. AMENDMENTS TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.

    (a) Federal Employees.--Title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.) is amended--
            (1) in section 706(a) by inserting after the 7th sentence
        the following:
``Regardless of whether the Commission makes an investigation under
this subsection, the Commission shall provide counseling services
regarding, and endeavor to responsibly address and resolve, claims of
unlawful discrimination using certified contract mediators.'', and
            (2) in section 711(a) by adding at the end the following:
``Every employer, employment agency, and labor organization shall
provide to each employee and each member, individually, a copy of the
materials required by this section to be so posted.''.
    (b) Office of Federal Contract Compliance.--Section 718 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-17) is amended--
            (1) by inserting ``(a)'' after ``Sec. 718'', and
            (2) by adding at the end the following:
    ``(b) The Office of Federal Contract Compliance shall endeavor to
responsibly address and resolve any alleged discrimination using
mediation with respect to which this section applies.
    ``(c) An employer who establishes, implements an approved internal
conflict management program or system providing the use of a certified
mediator participates in mediation under this section shall be given
preferred status in contract bidding for additional and for maintaining
current Federal Government contracts.
    ``(d) An employer who is a party to a Government contract or the
agency of the United States shall assume the costs of mediation under
this section, including the fees of the mediator and any travel and
lodging expenses of the employee, if such travel exceeds 25 miles, one
way. Any settlement shall include, among other things, any appropriate
and reasonable attorney fees.
    ``(e) Retaliation by an employer who is a party to a Government
contract or the agency of the United States, or the destruction of
evidence, shall result in the imposition of appropriate civil or
criminal sanctions. The participation in mediation shall be at the
option of the employee. The participation in mediation shall not
preclude the employee's access to any State, local, or Federal EEO
enforcement agency or any State or Federal court.
    ``(f) The Office of Federal Contract Compliance shall have
authority over employers who are parties to Government contracts that
fail to comply with this section. Failure to comply shall result in the
loss of a current Government contract and disqualification from
consideration for future Government contracts.
    ``(g) No resolution by the disputants may contravene the provisions
of a valid collective bargaining agreement between an employer who is a
part to a Government contract and a labor union or certified bargaining
representative. Any voluntary settlement outcome and agreement may not
be in conflict with the collective bargaining agreement.''.

SEC. 4. AMENDMENTS TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.

    The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et
seq.) is amended--
            (1) in section 7(e) by inserting after the 2d sentence the
        following:
``The Commission shall provide counseling services regarding, and
endeavor to responsibly address and resolve, claims of unlawful
discrimination using certified contract mediators.'', and
            (2) in section 8 by adding at the end the following:
``Every employer, employment agency, and labor organization shall
provide to each employee and each member, individually, a copy of the
materials required by this section to be so posted.''.

SEC. 5. AMENDMENT TO AMERICANS WITH DISABILITIES ACT OF 1990.

    Section 107(a) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12117(a)) is amended by adding at the end the following: ``The
Commission shall provide counseling services regarding, and endeavor to
responsibly address and resolve, claims of unlawful discrimination
using certified contract mediators.''.

SEC. 6. MEDIATION.

    (a) Definitions.--For purposes of this section:
            (1) The term ``employer'' means any Federal agency
        (including Federal courts) or business enterprise receiving
        Federal funds of $200,000 or greater or having 20 or more
        employees.
            (2) The term ``mediator'' means any neutral, third-party,
        including an attorney and a nonattorney, who is trained in the
        mediation process and has a demonstrable working knowledge in
        relevant EEO and employment law, including a third party who
        is--
                    (A) appointed or approved by a competent court, the
                Equal Employment Opportunity Commission, a certified
                mediation center, or a university, or
                    (B) jointly chosen by the disputants.
            (3) The term ``trained mediation professional'' means a
        person who--
                    (A) has participated in employment mediation
                training of 40 or more hours, or
                    (B) has co-mediated with or been supervised by
                another trained certified mediation professional for at
                least three employment or contract dispute cases of no
                fewer than 15 hours.
            (4) The term ``certified mediation center'' includes any
        private or public entity that is qualified to facilitate the
        employment or contract mediation process and provide training
        on employment and contract dispute resolution, including, but
        not limited to, the American Arbitration Association, the
        American Bar Association, the Center for Employment Dispute
        Resolution, CPR Conflict Institute, JAMS/Endispute, United
        States Arbitration and Mediation, Inc., Institute on Conflict
        Resolution at Cornell University, and the Society of
        Professionals in Dispute Resolution.
    (b) Requirements.--(1) All employers shall--
            (A) establish an internal dispute resolution program or
        system that provides, as a voluntary option, employee-disputant
        access to external third-party certified mediators,
            (B) participate in mediation if the employee has exhausted
        the internal dispute resolution program or system and has
        formally requested mediation without the filing of a charge or
        lawsuit, and
            (C) participate in mediation if the claimant has filed a
        charge or lawsuit and the claimant formally requests mediation.
    (2) While the mediation settlement outcome would be voluntary, the
employer shall participate in mediation where the employee-disputant
has expressed a desire to mediate.
    (3) Under all circumstances, the employee-disputant is entitled to
legal representation.
    (4) Employers shall inform employee-disputants of the mediation
alternative and their respective rights thereof, and the employee-
disputant would have 30 days in which to decide whether to participate
in mediation.
    (5) When an employee-disputant voluntarily agrees to participate in
the mediation process, any applicable statute of limitations shall be
tolled, and the private tolling agreement shall be enforceable in any
court of competent jurisdiction.
    (6) The employee and employer disputants shall not have more than
90 days within which to resolve the dispute.
    (7) Should mediation prove unsuccessful, the employer shall again
inform the employee-disputant of their rights, in writing including the
right to pursue the matter under any applicable State, county, local
ordinance, or Federal statutes.
    (8) Consistent with section 705 of the Civil Rights Act of 1964,
the Equal Employment Opportunity Commission, and any State or local
authority involved in proceedings described in section 706, shall offer
technical assistance to any unrepresented or self-represented party,
provided that a formal complaint has been filed with the Commission or
such authority. Such assistance shall include, but not be limited to--
            (A) pre-mediation counseling,
            (B) assistance in understanding the status of relevant case
        law,
            (C) assistance in what would be the appropriate remedy if
        the instant claim were to be found to have merit, and
            (D) assistance in drafting any post-mediation settlement
        agreement or resolution.
    (9) Submission of a claim for mediation shall not preclude either
the claimant or respondent from seeking other appropriate relief on
that claim, except that neither party shall seek other relief until the
mediation process has concluded.
    (10) Any settlement as a result of the mediation process shall be
strictly voluntary and remain confidential except for research and
evaluation purposes.
    (11) In every case, the privacy, privilege, and confidentiality of
all parties to the dispute shall be preserved, including complaint
intake personnel and mediation consultations.
    (c) Attorney's Obligation To Advise Clients of Mediation.--For the
purposes of this Act and all of the other related statutes, attorneys
and consultants are legally obliged to advise their clients of the
existence of the mediation alternative and their obligations under the
Act to participate in mediation in ``good faith''.
    (d) Judicial Enforcement.--Either party to a mediation agreement to
bring an action of enforcement in a Federal district court of competent
jurisdiction, however any matter discussed or material presented during
mediation shall not be used in any subsequent local, State, or Federal
administrative or court proceeding. The confidential provisions of any
internal conflict management program or system or agreement to
mediations shall be immune from attack by any third party.

Output:
Mandates that any Federal agency or court (or business enterprise receiving $20,000 or more in Federal funds, or having 20 or more employees): (1) establish an internal dispute resolution mechanism that provides, as a voluntary option, employee-disputant access to external third-party certified mediators; and (2) participate in mediation in specified circumstances. Prescribes mediation guidelines.
States that attorneys and consultants are legally obligated to advise their clients of the mediation alternative and their obligations to participate in "good faith".


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Emergency Management Agency
Restoration Act''.

SEC. 2. FEDERAL EMERGENCY MANAGEMENT AGENCY.

    (a) Independent Establishment.--The Federal Emergency Management
Agency shall be a cabinet-level independent establishment in the
executive branch that is responsible for emergency preparedness,
response, recovery, and mitigation for all hazards, including major
disasters, acts of terrorism, and other emergencies.
    (b) Director.--
            (1) In general.--The Agency shall be headed by a Director,
        who shall be appointed by the President, by and with the advice
        and consent of the Senate, and who shall report directly to the
        President. The Director of the Federal Emergency Management
        Agency shall be compensated at the rate provided for at level I
        of the Executive Schedule under section 5312 of title 5, United
        States Code.
            (2) Qualification.--The Director shall be appointed from
        among persons who have extensive experience in emergency
        preparedness, response, recovery, and mitigation for all
        hazards, including major disasters, acts of terrorism, and
        other emergencies.
            (3) Term of office.--The term of office of an individual
        appointed as the Director shall be 5 years. Such individual may
        be appointed in accordance with paragraph (1) for an additional
        term of 5 years.
            (4) Conforming amendment.--Section 5312 of title 5, United
        States Code, is amended by adding at the end the following:
            ``Director of the Federal Emergency Management Agency.''.
    (c) Deputy Director.--
            (1) In general.--The Federal Emergency Management Agency
        shall have one deputy director appointed in the competitive
        service by the Director.
            (2) Qualifications.--The Deputy Director shall be appointed
        from among persons who have extensive experience in emergency
        preparedness, response, recovery, and mitigation for all
        hazards, including major disasters, acts of terrorism, and
        other emergencies.
            (3) Duties.--The Deputy Director shall--
                    (A) carry out duties and powers prescribed by the
                Director;
                    (B) serve as a liaison to the Department of
                Homeland Security in the event of an act of terrorism;
                and
                    (C) act for the Director when the Director is
                absent or unable to serve or when the position of the
                Director is vacant.
    (d) Limitations on Definition of Emergency Preparedness.--For
purposes of this Act, the term ``emergency preparedness'' does not
include law enforcement efforts to prevent or deter acts of terrorism,
protect critical infrastructure, and conduct intelligence activities.

SEC. 3. TRANSFER OF FUNCTIONS.

    (a) In General.--There shall be transferred to the Director of the
Federal Emergency Management Agency the functions, personnel, assets,
and liabilities of the Department of Homeland Security relating to the
Federal Emergency Management Agency, including the functions of the
Department under paragraphs (3) and (8) of section 430(c) and sections
502 (other than paragraph (2)) and 503(1) of the Homeland Security Act
of 2002 (6 U.S.C. 238(c), 312, 313) and other functions of the
Preparedness Directorate of the Department (other than those functions
relating to law enforcement efforts to prevent and deter acts of
terrorism, protect critical infrastructure, and conduct intelligence
activities), the functions relating to firefighter assistance grants
under the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229 et seq.), and the functions relating to the Federal Emergency
Management Agency under any other law, including those functions
relating to emergency management performance grants, under the National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), the Earthquake Hazards Reductions Act of 1977 (42 U.S.C. 7701
et seq.), the National Dam Safety Program Act (33 U.S.C. 467 et seq.),
and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.).
    (b) Transition Period.--The transfers under this section shall be
carried out as soon as practicable after the date of enactment of this
Act, but not later than the 120th day following the date of enactment
of this Act. During the transition period, the Secretary of Homeland
Security shall provide to the Director of the Federal Emergency
Management Agency such assistance, including the use of personnel and
assets, as the Director may request in preparing for the transfer.

SEC. 4. SAVINGS PROVISIONS.

    (a) Personnel Provisions.--
            (1) Appointments.--The Director of the Federal Emergency
        Management Agency may appoint and fix the compensation of such
        officers and employees, including investigators, attorneys, and
        administrative law judges, as may be necessary to carry out the
        respective functions transferred under section 3. Except as
        otherwise provided by law, such officers and employees shall be
        appointed in accordance with the civil service laws and their
        compensation fixed in accordance with title 5, United States
        Code.
            (2) Experts and consultants.--The Director may obtain the
        services of experts and consultants in accordance with section
        3109 of title 5, United States Code, and compensate such
        experts and consultants for each day (including traveltime) at
        rates not in excess of the rate of pay for level IV of the
        Executive Schedule under section 5315 of such title. The
        Director may pay experts and consultants who are serving away
        from their homes or regular place of business, travel expenses
        and per diem in lieu of subsistence at rates authorized by
        sections 5702 and 5703 of such title for persons in Government
        service employed intermittently.
    (b) Delegation and Assignment.--Except where otherwise expressly
prohibited by law or otherwise provided by this Act, the Director may
delegate any of the functions transferred to the Director by section 3
and any function transferred or granted to the Director after the date
of the transfers by section 3 to such officers and employees of the
Federal Emergency Management Agency as the Director may designate and
may authorize successive redelegations of such functions as may be
necessary or appropriate. No delegation of functions by the Director
under this subsection or under any other provision of this Act shall
relieve the Director of responsibility for the administration of such
functions.
    (c) Reorganization.--The Director is authorized to allocate or
reallocate any function transferred under section 3 among the officers
of the Federal Emergency Management Agency, and to establish,
consolidate, alter, or discontinue such organizational entities in the
Federal Emergency Management Agency as may be necessary or appropriate
if the Director, on or before the 30th day preceding the date of the
allocation or reallocation, provides to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Homeland Security and Government Affairs of the Senate written notice
of the allocation or reallocation.
    (d) Rules.--The Director is authorized to prescribe, in accordance
with the provisions of chapters 5 and 6 of title 5, United States Code,
such rules and regulations as the Director determines necessary or
appropriate to administer and manage the functions of the Federal
Emergency Management Agency.
    (e) Transfer and Allocations of Appropriations and Personnel.--
Except as otherwise provided in this section, the personnel employed in
connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising from,
available to, or to be made available in connection with the functions
transferred by section 3, subject to section 1531 of title 31, United
States Code, shall be transferred to the Federal Emergency Management
Agency. Unexpended funds transferred pursuant to this subsection shall
be used only for the purposes for which the funds were originally
authorized and appropriated.
    (f) Incidental Transfers.--The Director of the Office of Management
and Budget, at such time or times as the Director shall provide, is
authorized to make such determinations as may be necessary with regard
to the functions transferred by section 3, and to make such additional
incidental dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds held,
used, arising from, available to, or to be made available in connection
with such functions, as may be necessary to carry out the provisions of
this Act. The Director of the Office of Management and Budget shall
provide for the termination of the affairs of all entities terminated
by this Act and for such further measures and dispositions as may be
necessary to effectuate the purposes of this Act.
    (g) Effect on Personnel.--
            (1) In general.--Except as otherwise provided by this
        section, the transfer pursuant to this section of full-time
        personnel (except special Government employees) and part-time
        personnel holding permanent positions shall not cause any such
        employee to be separated or reduced in grade or compensation
        for one year after the date of transfer of such employee under
        this section.
            (2) Executive schedule positions.--Except as otherwise
        provided in this section, any person who, on the day preceding
        the date of the transfers of functions under section 3, held a
        position compensated in accordance with the Executive Schedule
        prescribed in chapter 53 of title 5, United States Code, and
        who, without a break in service, is appointed in the Federal
        Emergency Management Agency to a position having duties
        comparable to the duties performed immediately preceding such
        appointment shall continue to be compensated in such new
        position at not less than the rate provided for such previous
        position, for the duration of the service of such person in
        such new position.
    (h) Savings Provisions.--
            (1) Continuing effect of legal documents.--All orders,
        determinations, rules, regulations, permits, agreements,
        grants, contracts, certificates, licenses, registrations,
        privileges, and other administrative actions--
                    (A) which have been issued, made, granted, or
                allowed to become effective by the President, any
                Federal agency or official thereof, or by a court of
                competent jurisdiction, in the performance of functions
                which are transferred under section 3, and
                    (B) which are in effect on the date of the
                transfers of functions under section 3, or were final
                before such date and are to become effective on or
                after such date,
        shall continue in effect according to their terms until
        modified, terminated, superseded, set aside, or revoked in
        accordance with law by the President, the Director of the
        Federal Emergency Management Agency or other authorized
        official, a court of competent jurisdiction, or by operation of
        law.
            (2) Proceedings not affected.--The provisions of this
        section and section 3 shall not affect any proceedings,
        including notices of proposed rulemaking, or any application
        for any license, permit, certificate, or financial assistance
        pending before the Federal Emergency Management Agency on the
        date of the transfers of functions under section 3, with
        respect to functions transferred by section 3 but such
        proceedings and applications shall continue. Orders shall be
        issued in such proceedings, appeals shall be taken therefrom,
        and payments shall be made pursuant to such orders, as if this
        section and section 3 had not been enacted, and orders issued
        in any such proceedings shall continue in effect until
        modified, terminated, superseded, or revoked by a duly
        authorized official, by a court of competent jurisdiction, or
        by operation of law. Nothing in this paragraph shall be deemed
        to prohibit the discontinuance or modification of any such
        proceeding under the same terms and conditions and to the same
        extent that such proceeding could have been discontinued or
        modified if this section and section 3 had not been enacted.
            (3) Suits not affected.--The provisions of this section and
        section 3 shall not affect suits commenced before the date of
        the transfers of functions under section 3, and in all such
        suits, proceedings shall be had, appeals taken, and judgments
        rendered in the same manner and with the same effect as if this
        section and section 3 had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other
        proceeding commenced by or against the Federal Emergency
        Management Agency, or by or against any individual in the
        official capacity of such individual as an officer of the
        Federal Emergency Management Agency, shall abate by reason of
        the enactment of this section or section 3.
            (5) Administrative actions relating to promulgation of
        regulations.--Any administrative action relating to the
        preparation or promulgation of a regulation by the Federal
        Emergency Management Agency relating to a function transferred
        under section 3 may be continued by the Federal Emergency
        Management Agency with the same effect as if this section and
        section 3 had not been enacted.
    (i) References.--Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or pertaining to a department, agency, or office from which a function
is transferred by section 3--
            (1) to the head of such department, agency, or office is
        deemed to refer to the head of the department, agency, or
        office to which such function is transferred; or
            (2) to such department, agency, or office is deemed to
        refer to the department, agency, or office to which such
        function is transferred.
    (j) Repeals.--The following provisions of the Homeland Security Act
of 2002 (6 U.S.C. 101 et seq.) are repealed:
            (1) Section 503(1).
            (2) Section 507.

Output:
Federal Emergency Management Agency Restoration Act - Establishes the Federal Emergency Management Agency (FEMA) as a cabinet-level independent establishment in the executive branch that is responsible for emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies.

Requires the FEMA Director to be appointed by the President, by and with the advice and consent of the Senate, from among persons who have extensive experience in emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``21st Century Federal Pell Grant Plus
Act''.

SEC. 2. RECIPIENTS OF FEDERAL PELL GRANTS WHO ARE PURSUING PROGRAMS OF
              STUDY IN ENGINEERING, MATHEMATICS, SCIENCE, OR FOREIGN
              LANGUAGES.

    Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(2)) is amended by adding at the end the following:
    ``(C)(i) Notwithstanding subparagraph (A) and subject to clause
(iii), in the case of a student who is eligible under this part and who
is pursuing a degree with a major in, or a certificate or program of
study relating to, engineering, mathematics, science (such as physics,
chemistry, or computer science), or a foreign language, described in a
list developed or updated under clause (ii), the amount of the Federal
Pell Grant shall be the amount calculated for the student under
subparagraph (A) for the academic year involved, multiplied by 2.
    ``(ii)(I) The Secretary, in consultation with the Secretary of
Defense, the Secretary of the Department of Homeland Security, and the
Director of the National Science Foundation, shall develop, update not
less than once every 2 years, and publish in the Federal Register, a
list of engineering, mathematics, and science degrees, majors,
certificates, or programs that if pursued by a student, may enable the
student to receive the increased Federal Pell Grant amount under clause
(i). In developing and updating the list the Secretaries and Director
shall consider the following:
            ``(aa) The current engineering, mathematics, and science
        needs of the United States with respect to national security,
        homeland security, and economic security.
            ``(bb) Whether institutions of higher education in the
        United States are currently producing enough graduates with
        degrees to meet the national security, homeland security, and
        economic security needs of the United States.
            ``(cc) The future expected workforce needs of the United
        States required to help ensure the Nation's national security,
        homeland security, and economic security.
            ``(dd) Whether institutions of higher education in the
        United States are expected to produce enough graduates with
        degrees to meet the future national security, homeland
        security, and economic security needs of the United States.
    ``(II) The Secretary, in consultation with the Secretary of
Defense, the Secretary of the Department of Homeland Security, and the
Secretary of State, shall develop, update not less than once every 2
years, and publish in the Federal Register, a list of foreign language
degrees, majors, certificates, or programs that if pursued by a
student, may enable the student to receive the increased Federal Pell
Grant amount under clause (i). In developing and updating the list the
Secretaries shall consider the following:
            ``(aa) The foreign language needs of the United States with
        respect to national security, homeland security, and economic
        security.
            ``(bb) Whether institutions of higher education in the
        United States are currently producing enough graduates with
        degrees to meet the national security, homeland security, and
        economic security needs of the United States.
            ``(cc) The future expected workforce needs of the United
        States required to help ensure the Nation's national security,
        homeland security, and economic security.
            ``(dd) Whether institutions of higher education in the
        United States are expected to produce enough graduates with
        degrees to meet the future national security, homeland
        security, and economic security needs of the United States.
    ``(iii) Each student who received an increased Federal Pell Grant
amount under clause (i) to pursue a degree, major, certificate, or
program described in a list published under subclause (I) or (II) of
clause (ii) shall continue to be eligible for the increased Federal
Pell Grant amount in subsequent academic years if the degree, major,
certificate, or program, respectively, is subsequently removed from the
list.
    ``(iv)(I) If a student who received an increased Federal Pell Grant
amount under clause (i) changes the student's course of study to a
degree, major, certificate, or program that is not included in a list
described in clause (ii), then the Secretary shall reduce the amount of
Federal Pell Grant assistance the student is eligible to receive under
this section for subsequent academic years by an amount equal to the
difference between the total amount the student received under this
subparagraph and the total amount the student would have received under
this section if this subparagraph had not been applied.
    ``(II) The Secretary shall reduce the amount of Federal Pell Grant
assistance the student is eligible to receive in subsequent academic
years by dividing the total amount to be reduced under subclause (I)
for the student by the number of years the student received an
increased Federal Pell Grant amount under clause (i), and deducting the
result from the amount of Federal Pell Grant assistance the student is
eligible to receive under this section for a number of subsequent
academic years equal to the number of academic years the student
received an increased Federal Pell Grant amount under clause (i).''.

Output: 21st Century Federal Pell Grant Plus Act - Amends the Higher Education Act of 1965 to establish a Federal Pell Grant Plus program that increases, to double the amount calculated for the student, the Federal Pell Grant for those students who pursue programs of study in engineering, mathematics, science, or foreign languages.


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

    (a) Short Title.--This Act may be cited as the ``Construction
Consensus Procurement Improvement Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Congressional findings.
Sec. 3. Design-build construction process improvement.
Sec. 4. Prohibition on the use of a reverse auction for the award of a
                            contract for design and construction
                            services.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress makes the following findings:
            (1) The acquisition procedures that are often used
        effectively to procure products and other forms of services are
        not always appropriate for procurement of design and
        construction services.
            (2) Federal procurement officials often adopt contracting
        techniques from the private sector and have used those
        techniques effectively to procure products and services.
            (3) Design-build is a procurement technique Federal
        officials have adopted from the private sector that has worked
        well for procurement of design and construction services.
            (4) The current statutory framework for design-build could
        benefit from legislative refinement.
            (5) Reverse auctions are another procurement technique
        Federal officials have adopted from the private sector and used
        successfully to award contracts for the purchase of products
        that are commercially equivalent to commodities.
            (6) Despite their success in other contexts, reverse
        auctions are generally inappropriate for procurement of design
        and construction services, given the unique nature of each such
        project.

SEC. 3. DESIGN-BUILD CONSTRUCTION PROCESS IMPROVEMENT.

    (a) Civilian Contracts.--
            (1) In general.--Section 3309(b) of title 41, United States
        Code, is amended to read as follows:
    ``(b) Criteria for Use.--
            ``(1) Contracts with a value of at least $750,000
        $3,000,000.--Two-phase selection procedures shall be used for
        entering into a contract for the design and construction of a
        public building, facility, or work when a contracting officer
        determines that the project has a value of $750,000 $3,000,000
        or greater, as adjusted for inflation in accordance with
        section 1908 of this title.
            ``(2) Contracts with a value less than $750,000
        $3,000,000.--For projects that a contracting officer determines
        have a value of less than $750,000 $3,000,000, the contracting
        officer shall make a determination whether two-phase selection
        procedures are appropriate for use for entering into a contract
        for the design and construction of a public building, facility,
        or work when--
                    ``(A) the contracting officer anticipates that 3 or
                more offers will be received for the contract;
                    ``(B) design work must be performed before an
                offeror can develop a price or cost proposal for the
                contract;
                    ``(C) the offeror will incur a substantial amount
                of expense in preparing the offer; and
                    ``(D) the contracting officer has considered
                information such as--
                            ``(i) the extent to which the project
                        requirements have been adequately defined;
                            ``(ii) the time constraints for delivery of
                        the project;
                            ``(iii) the capability and experience of
                        potential contractors;
                            ``(iv) the suitability of the project for
                        use of the two-phase selection procedures;
                            ``(v) the capability of the agency to
                        manage the two-phase selection process; and
                            ``(vi) other criteria established by the
                        agency.''.
            (2) Annual reports.--
                    (A) In general.--Not later than November 30 of
                2017, 2018, 2019, 2020, and 2021, the head of each
                agency shall compile an annual report of each instance
                in which the agency awarded a design-build contract
                pursuant to section 3309 of title 41, United States
                Code, during the fiscal year ending in such calendar
                year, in which--
                            (i) more than 5 finalists were selected for
                        phase-two requests for proposals; or
                            (ii) the contract or order was awarded
                        without using two-phase selection procedures.
                    (B) Public availability.--The Director of the
                Office of Management and Budget shall facilitate public
                access to the reports, including by posting them on a
                publicly available Internet website. A notice of the
                availability of each report shall be published in the
                Federal Register.
    (b) GAO Reports.--Not later than 270 days after the deadline for
the final reports required under subsection (f) of section 3309 of
title 41, United States Code, as added by subsection (a)(1), the
Comptroller General of the United States shall issue a report analyzing
the compliance of the various Federal agencies with the requirements of
such section.

SEC. 4. PROHIBITION ON THE USE OF A REVERSE AUCTION FOR THE AWARD OF A
              CONTRACT FOR DESIGN AND CONSTRUCTION SERVICES.

    (a) Finding.--Congress finds that, in contrast to a traditional
auction in which the buyers bid up the price, sellers bid down the
price in a reverse auction.
    (b) Prohibition.--Not later than 180 days after the date of the
enactment of this Act, the Federal Acquisition Regulatory Council, in
consultation with the Administrator for Federal Procurement Policy,
shall amend the Federal Acquisition Regulation to prohibit the use of
reverse auctions as part of the two-phase selection procedure for
awarding contracts for construction and design services.
    (c) Definitions.--For purposes of this section--
            (1) the term ``design and construction services'' means--
                    (A) site planning and landscape design;
                    (B) architectural and engineering services
                (including surveying and mapping defined in section
                1101 of title 40, United States Code);
                    (C) interior design;
                    (D) performance of substantial construction work
                for facility, infrastructure, and environmental
                restoration projects;
                    (E) delivery and supply of construction materials
                to construction sites; or
                    (F) construction or substantial alteration of
                public buildings or public works; and
            (2) the term ``reverse auction'' means, with respect to
        procurement by an agency--
                    (A) a real-time auction conducted through an
                electronic medium among 2 or more offerors who compete
                by submitting bids for a supply or service contract
                with the ability to submit revised lower bids at any
                time before the closing of the auction; and
                    (B) the award of the contract, delivery order, task
                order, or purchase order to the offeror, in whole or in
                part, based on the price obtained through the auction
                process.

Output: Construction Consensus Procurement Improvement Act of 2016 (Sec. 3) This bill modifies the design-build selection procedures used by federal agencies soliciting offers to enter into civilian contracts for the design and construction of a public building, facility, or work. Two-phase selection procedures (i.e., submission of qualifications and then the submission of price and technical proposals in response to a request for proposal) must be used when a contracting officer determines that a project has a value of $3 million or greater. But for contracts valued at less than $3 million, the contracting officer makes the same determination under current law as to whether the use of two-phase selection procedures is appropriate when the officer anticipates at least three offers for the contract.  Federal agencies must report, each year through FY2021, on each instance where the agency awarded a design-build contract in which: (1) more than five finalists were selected for phase-two requests for proposals, or (2) the contract or order was awarded without using two-phase selection procedures. The Government Accountability Office must report on agency compliance with design-build contract procedures. (Sec. 4) The Federal Acquisition Regulatory Council must amend the Federal Acquisition Regulation to prohibit the use of reverse auctions as part of the two-phase selection procedure for awarding contracts for construction and design services. A "reverse auction," with respect to procurement by an agency, is: (1) a real-time auction conducted through an electronic medium among at least two offerors who compete by submitting bids for a supply or service contract with the ability to submit revised lower bids before the closing of the auction; and (2) the award of the contract, delivery order, task order, or purchase order to the offeror based on the price obtained through the auction process.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Occupational Safety and Health
Amendments of 1995''.

SEC. 2. EMPLOYEE PARTICIPATION.

    Section 4 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 653) is amended by adding at the end the following new
subsection:
    ``(c) In order to carry out the purpose of this Act to encourage
employers and employees in their efforts to reduce the number of
occupational safety and health hazards, an employee participation
committee--
            ``(1) in which employees participate;
            ``(2) which exists for the purpose, in whole or in part, of
        dealing with employees concerning--
                    ``(A) safe and healthful working conditions; or
                    ``(B) any other related matters; and
            ``(3) which does not have, claim, or seek authority to
        negotiate or enter into collective bargaining agreements with
        the employer or to amend existing collective bargaining
        agreements between the employer and any labor organization,
shall not constitute a `labor organization' for purposes of section
8(a)(2) of the National Labor Relations Act (29 U.S.C. 158(a)(2)) or a
representative for purposes of sections 1 and 2 of the Railway Labor
Act (45 U.S.C. 151 and 151a).''.

SEC. 3. RISK ASSESSMENT IN STANDARDS MAKING.

    (a) Priority for Establishing Standards.--Section 6(g) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(g)) is
amended--
            (1) by striking ``(g) In'' and inserting ``(g)(1) In''; and
            (2) by adding at the end the following new paragraph:
    ``(2) In determining the priority for establishing standards
relating to toxic materials or harmful physical agents, the Secretary
shall consider the number of workers exposed to such materials or
agents, the nature and severity of potential impairment, and the
likelihood of such impairment.''.
    (b) Risk Assessments for Final Standard.--Section 6 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655) is amended
by adding at the end the following new subsection:
    ``(h)(1) Notwithstanding any other provision of this Act, in
promulgating any final occupational safety and health regulation or
standard, the Secretary shall publish in the Federal Register--
            ``(A) an estimate, calculated with as much specificity as
        practicable, of the risk to the health and safety of employees
        addressed by such regulation or standard, the affect of such
        regulation or standard on human health or the environment, and
        the costs associated with the implementation of, and compliance
        with, such regulation or standard;
            ``(B) a comparative analysis of the risk addressed by such
        regulation or standard relative to other risks to which
        employees are exposed; and
            ``(C) a certification that--
                    ``(i) the estimate under subparagraph (A) and the
                analysis under subparagraph (B) are--
                            ``(I) based upon a scientific evaluation of
                        the risk to the health and safety of employees
                        and to human health or the environment; and
                            ``(II) supported by the best available
                        scientific data;
                    ``(ii) such regulation or standard will
                substantially advance the purpose of protecting
                employee health and safety or the environment against
                the specified identified risk; and
                    ``(iii) such regulation or standard will produce
                benefits to employee health and safety or the
                environment that will justify the cost to the Federal
                Government and the public of the implementation of and
                compliance with such regulation or standard.
    ``(2) If the Secretary cannot make the certification required under
paragraph (1)(C), the Secretary shall--
            ``(A) notify the Congress concerning the reasons why such
        certification cannot be made; and
            ``(B) publish a statement of such reasons with the final
        regulation or standard.
    ``(3) Nothing in this subsection shall be construed to grant a
cause of action to any person.''.

SEC. 4. CONSULTATION SERVICES.

    Section 21(c) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 671(c)) is amended--
            (1) by striking ``(c) The'' and inserting ``(c)(1) The'';
        and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) The Secretary shall, through the authority granted under
section 7(c) and paragraph (1), enter into cooperative agreements with
States for the provision of consultation services by such States to
employers concerning the provision of safe and healthful working
conditions. A State that has a plan approved under section 18 shall be
eligible to enter into a cooperative agreement under this paragraph
only if such plan does not include provisions for federally funded
consultation to employers.
    ``(B)(i) Except as provided in clause (ii), the Secretary shall
reimburse a State that enters into a cooperative agreement under
subparagraph (A) in an amount that equals 90 percent of the costs
incurred by the State under such agreement.
    ``(ii) A State shall be fully reimbursed by the Secretary for--
            ``(I) training approved by the Secretary for State staff
        operating under a cooperative agreement; and
            ``(II) specified out-of-State travel expenses incurred by
        such staff.
    ``(iii) A reimbursement paid to a State under this subparagraph
shall be limited to costs incurred by such State for the provision of
consultation services under this paragraph and the costs described in
clause (ii).''.

SEC. 5. REDUCED PENALTIES FOR NONSERIOUS VIOLATIONS.

    Section 17 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 666) is amended--
            (1) in subsection (c), by striking ``up to $7,000'' and
        inserting ``not more than $25'';
            (2) in subsection (i), to read as follows:
    ``(i) Any employer who violates any of the posting or recordkeeping
requirements prescribed under this Act shall not be assessed a civil
penalty for such violation unless it is determined that the employer
has violated subsection (a) or (d) with respect to such posting or
recordkeeping requirements.''; and
            (3) in subsection (h), to read as follows:
    ``(h) Notwithstanding any other provision of law, the Secretary
shall not assess a civil penalty, which is authorized under this
section, for more than one instance of a violation of any applicable
regulation, rule, order, or regulation prescribed under the provisions
of this Act.''.

SEC. 6. WARNINGS IN LIEU OF CITATIONS.

    Subsection (a) of section 9 of the Occupational Safety and Health
Act (29 U.S.C. 658(a)) is amended to read as follows:
    ``(a)(1) Except as provided in paragraph (2), if, upon inspection
or investigation, the Secretary or an authorized representative of the
Secretary believes that an employer has violated a requirement of
section 5, of any regulation, rule, or order promulgated pursuant to
section 6, or of any regulations prescribed pursuant to this Act, the
Secretary may with reasonable promptness issue a citation to the
employer. Each citation shall be in writing and shall describe with
particularity the nature of the violation, including a reference to the
provision of the Act, regulation, rule, or order alleged to have been
violated. The citation shall fix a reasonable time for the abatement of
the violation.
    ``(2) The Secretary or the authorized representative of the
Secretary shall issue a warning in lieu of a citation with respect to--
            ``(A) violations that have no significant relationship to
        employee safety or health; or
            ``(B) cases in which the employer in good faith acts
        promptly to abate the violation.
    ``(3) Nothing in this Act shall prohibit the Secretary or the
authorized representative of the Secretary from providing technical
assistance to an employer in correcting a violation discovered during
an inspection or investigation under this Act.''.

Output:
Occupational Safety and Health Amendments of 1995 - Amends the Occupational Safety and Health Act of 1970 to provide that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act.
(Sec. 3) Provides for risk assessment in standards making.  Directs the Secretary of Labor to consider the number of workers exposed to the toxic material or harmful physical agent, the nature and severity of the potential impairment, and its likelihood, in determining the priority for establishing standards dealing with such materials or agents.  Requires publication of risk assessments for final standards and certification that such standards justify their costs or publication of reasons why such certification cannot be made.
(Sec. 4) Directs the Secretary to enter into cooperative agreements with States for the provision of consultation services by such States to employers concerning the provision of safe and healthful working conditions.
(Sec. 5) Reduces penalties for nonserious violations.
(Sec. 6) Provides for warnings in lieu of citations.