Input:
SECTION 1. SHORT TITLE AND REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Fair Pay Act of
1997''.
    (b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Fair Labor Standards Act of 1938.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Wage differentials exist between equivalent jobs
        segregated by sex, race, and national origin in Government
        employment and in industries engaged in commerce or in the
        production of goods for commerce:
            (2) The existence of such wage differentials--
                    (A) depresses wages and living standards for
                employees necessary for their health and efficiency;
                    (B) prevents the maximum utilization of the
                available labor resources;
                    (C) tends to cause labor disputes, thereby
                burdening, affecting, and obstructing commerce;
                    (D) burdens commerce and the free flow of goods in
                commerce; and
                    (E) constitutes an unfair method of competition.
            (3) Discrimination in hiring and promotion has played a
        role in maintaining a segregated work force.
            (4) Many women and people of color work in occupations
        dominated by individuals of their same sex, race, and national
        origin.
            (5)(A) A General Accounting Office analysis of wages in the
        civil service of the State of Washington found that in 1985 of
        the 44 jobs studied that paid less than the average of all
        equivalent jobs, approximately 39 percent were female-dominated
        and approximately 16 percent were male dominated.
            (B) A study of wages in Minnesota using 1990 Decennial
        Census data found that 75 percent of the wage differential
        between white and non-white workers was unexplained and may be
        a result of discrimination.
            (6) Section 6(d) of the Fair Labor Standards Act of 1938
        prohibits discrimination in compensation for ``equal work'' on
        the basis of sex.
            (7) Title VII of the Civil Rights Act of 1964 prohibits
        discrimination in compensation because of race, color,
        religion, national origin, and sex. The United States Supreme
        Court, in its decision in County of Washington v. Gunther, 452
        U.S. 161 (1981), held that title VII's prohibition against
        discrimination in compensation also applies to jobs which do
        not constitute ``equal work'' as defined in section 6(d) of the
        Fair Labor Standards Act of 1938. Decisions of lower courts,
        however, have demonstrated that further clarification of
        existing legislation is necessary in order effectively to carry
        out the intent of Congress to implement the Supreme Court's
        holding in its Gunther decision.
            (8) Artificial barriers to the elimination of
        discrimination in compensation based upon sex, race, and
        national origin continue to exist more than 3 decades after the
        passage of section 6(d) of the Fair Labor Standards Act of 1938
        and the Civil Rights Act of 1964. Elimination of such barriers
        would have positive effects, including--
                    (A) providing a solution to problems in the economy
                created by discriminating wage differentials;
                    (B) substantially reducing the number of working
                women and people of color earning low wages, thereby
                reducing the dependence on public assistance; and
                    (C) promoting stable families by enabling working
                family members to earn a fair rate of pay.

SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS.

    (a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at
the end the following:
    ``(g)(1)(A) No employer having employees subject to any provisions
of this section shall discriminate between its employees on the basis
of sex, race, or national origin by paying wages to employees or groups
of employees at a rate less than the rate at which the employer pays
wages to employees or groups of employees of the opposite sex or
different race or national origin for work in equivalent jobs, except
where such payment is made pursuant to a seniority system, a merit
system, or a system which measures earnings by quantity or quality of
production.
    ``(B) An employer who is paying a wage rate differential in
violation of subparagraph (A) shall not, in order to comply with the
provisions of such subparagraph, reduce the wage rate of any employee.
    ``(2) No labor organization or its agents representing employees of
an employer having employees subject to any provision of this section
shall cause or attempt to cause such an employer to discriminate
against an employee in violation of paragraph (1)(A).
    ``(3) For purposes of administration and enforcement of this
subsection, any amounts owing to any employee which have been withheld
in violation of paragraph (1)(A) shall be deemed to be unpaid minimum
wages or unpaid overtime compensation under this section or section 7.
    ``(4) As used in this subsection:
            ``(A) The term `labor organization' means any organization
        of any kind, or any agency or employee representation committee
        or plan, in which employees participate and which exists for
        the purpose, in whole or in part, of dealing with employers
        concerning grievances, labor disputes, wages, rates of pay,
        hours of employment, or conditions of work.
            ``(B) The term `equivalent jobs' means jobs that may be
        dissimilar, but whose requirements are equivalent, when viewed
        as a composite of skills, effort, responsibility, and working
        conditions.''.
    (b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is
amended in the matter before paragraph (1) by striking ``section 6(d)''
and inserting ``sections 6(d) and 6(g)''.

SEC. 4. PROHIBITED ACTS.

    Section 15(a) (29 U.S.C. 215(a)) is amended by striking the period
at the end of paragraph (5) and inserting a semicolon and by adding
after paragraph (5) the following:
            ``(6) to discriminate against any individual because such
        individual has opposed any act or practice made unlawful by
        section 6(g) or because such individual made a charge,
        testified, assisted, or participated in any manner in an
        investigation, proceeding, or hearing under section 6(g); or
            ``(7) to discharge or in any other manner discriminate
        against, coerce, intimidate, threaten, or interfere with any
        employee or any other person because the employee inquired
        about, disclosed, compared, or otherwise discussed the
        employee's wages or the wages of any other employee, or because
        the employee exercised, enjoyed, aided, or encouraged any other
        person to exercise or enjoy any right granted or protected by
        section 6(g).''.

SEC. 5. REMEDIES.

    Section 16 (29 U.S.C. 216) is amended--
            (1) by adding at the end the following:
    ``(f) In any action brought under this section for violation of
section 6(g), the court shall, in addition to any other remedies
awarded to the prevailing plaintiff or plaintiffs, allow expert fees as
part of the costs. Any such action may be maintained as a class action
as provided by the Federal Rules of Civil Procedure.'';
            (2) in subsection (b), by striking ``section 15(a)(3)''
        each place it occurs and inserting ``paragraphs (3), (6), and
        (7) of section 15(a)''; and
            (3) in the fourth sentence of subsection (b), by striking
        ``No employees'' and inserting ``Except with respect to class
        actions brought under subsection (f), no employees''.

SEC. 6. RECORDS.

    Section 11(c) (29 U.S.C. 211(c)) is amended by inserting ``(1)''
after ``(c)'' and by adding at the end the following:
    ``(2)(A) Every employer subject to section 6(g) shall preserve
records which document and support the method, system, calculations,
and other bases used by the employer in establishing, adjusting, and
determining the wages paid to the employees of the employer. Every
employer subject to section 6(g) shall preserve such records for such
periods of time and shall make such reports therefrom to the Equal
Employment Opportunity Commission as shall be prescribed by the Equal
Employment Opportunity Commission by regulation or order as necessary
or appropriate for the enforcement of the provisions of section 6(g) or
any regulations promulgated thereunder.
    ``(B) Every employer subject to section 6(g) shall file annually
with the Equal Employment Opportunity Commission a report signed by its
president, treasurer, or corresponding principal officer containing
information in such detail as may be necessary accurately to disclose
the wage or salary rates paid to each classification, position, job
title, or other wage or salary group of employees employed by the
employer, as well as the sex, race, and national origin of employees at
each wage or salary level in each classification, position, job title,
or other wage or salary group. The report shall not contain the name of
any individual employee.
    ``(C) In order to carry out the purposes of this Act, the contents
of the reports filed with the Equal Employment Opportunity Commission
pursuant to subparagraph (B) shall be public information, and the Equal
Employment Opportunity Commission may publish any information and data
which it obtains pursuant to the provisions of subparagraph (B). The
Equal Employment Opportunity Commission may use the information and
data for statistical and research purposes, and compile and publish
such studies, analyses, reports, and surveys based thereon as it may
deem appropriate.
    ``(D) In order to carry out the purposes of this Act the Equal
Employment Opportunity Commission shall by regulation make reasonable
provision for the inspection and examination by any person of the
information and data contained in any report filed with it pursuant to
subparagraph (B).
    ``(E) The Equal Employment Opportunity Commission shall by
regulation provide for the furnishing of copies of reports filed with
it pursuant to subparagraph (B) to any person upon payment of a charge
based upon the cost of the service.
    ``(F) The Equal Employment Opportunity Commission shall issue rules
and regulations prescribing the form and content of reports required to
be filed under subparagraph (B) and such other reasonable rules and
regulations as it may find necessary to prevent the circumvention or
evasion of such reporting requirements. In exercising its authority
under subparagraph (B), the Equal Employment Opportunity Commission may
prescribe by general rule simplified reports for employers for whom it
finds that by virtue of their size a detailed report would be unduly
burdensome.''.

SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT
              TO CONGRESS.

    Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the
following:
    ``(4) The Equal Employment Opportunity Commission shall undertake
studies and provide information and technical assistance to employers,
labor organizations, and the general public concerning effective means
available to implement the provisions of section 6(g) prohibiting wage
discrimination between employees performing work in equivalent jobs on
the basis of sex, race, or national origin. Such studies, information,
and technical assistance shall be based upon and include reference to
the declared policy of such section to eliminate such discrimination.
In order to achieve the purposes of such section, the Equal Employment
Opportunity Commission shall further carry on a continuing program of
research, education, and technical assistance including--
            ``(A) undertaking and promoting research with the intent of
        developing means to expeditiously correct the conditions
        leading to section 6(g);
            ``(B) publishing and otherwise making available to
        employers, labor organizations, professional associations,
        educational institutions, the various media of communication,
        and the general public the findings of studies and other
        materials for promoting compliance with section 6(g);
            ``(C) sponsoring and assisting State and community
        informational and educational programs; and
            ``(D) providing technical assistance to employers, labor
        organizations, professional associations and other interested
        persons on means of achieving and maintaining compliance with
        the provisions of section 6(g).
    ``(5) The report submitted annually by the Equal Employment
Opportunity Commission to Congress pursuant to paragraph (1) shall
include a separate evaluation and appraisal regarding the
implementation of section 6(g).''.

SEC. 8. EFFECTIVE DATE.

    The amendments made by this Act shall take effect upon the
expiration of one year from the date of its  enactment.

Output:
Fair Pay Act of 1997 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin.  (Allows payment of different wages under seniority systems, merit systems, or systems that measure earnings by quantity or quality of production.)
Prohibits the discharge of or any other discrimination against an individual for opposing any act or practice made unlawful by this Act, or for assisting in an investigation or proceeding under it.
Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs.  Allows any such action to be maintained as a class action.
Requires employers subject to such prohibition to:  (1) preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the Equal Employment Opportunity Commission (EEOC); and (2) make reports to the EEOC.
Directs the EEOC to:  (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act; and (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Whistleblower Protection
Enhancement Act of 2013''.

SEC. 2. EXPANSION AND ENHANCEMENT OF AUTHORITIES RELATING PROTECTED
              COMMUNICATIONS OF MEMBERS OF THE ARMED FORCES AND
              PROHIBITED RETALIATORY ACTIONS.

    (a) Expansion of Prohibited Retaliatory Personnel Actions.--
Subsection (b) of section 1034 of title 10, United States Code, is
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``or'' at the
                end;
                    (B) in subparagraph (B)--
                            (i) in clause (i), by inserting ``or a
                        representative of a Member of Congress'' after
                        ``a Member of Congress'';
                            (ii) in clause (iv), by striking ``or'' at
                        the end;
                            (iii) by redesignating clause (v) as clause
                        (vi);
                            (iv) by inserting after clause (v) the
                        following new clause (v):
                    ``(v) a court, grand jury, or court-martial
                proceeding, or an authorized official of the Department
                of Justice or another law enforcement agency; or''; and
                            (v) in clause (vi), as redesignated by
                        clause (iii) of this subparagraph, by striking
                        the period at the end and inserting ``; or'';
                        and
                    (C) by adding at the end the following new
                subparagraph:
            ``(C) testimony, or otherwise participating in or assisting
        in an investigation or proceeding related to a communication
        under subparagraph (A) or (B), or filing, causing to be filed,
        participating in, or otherwise assisting in an action brought
        under this section.''; and
            (2) in paragraph (2), by inserting after ``any favorable
        action'' the following: ``, or a significant change in a
        member's duties, responsibilities, or working conditions''.
    (b) Inspector General Investigations of Allegations.--Subsection
(c) of such section is amended--
            (1) in paragraph (1), by striking ``paragraph (3)'' and
        inserting ``paragraph (4)'';
            (2) in paragraph (2), by striking subparagraph (A) and
        inserting the following new subparagraph (A):
            ``(A) Any violation of any law, rule, or regulation,
        including a law or regulation prohibiting rape, sexual assault,
        or other sexual misconduct in sections 920 through 920c of this
        title (articles 120 through 120c of the Uniform Code of
        Military Justice), sexual harassment or unlawful
        discrimination.'';
            (3) by redesignating paragraphs (3), (4), and (5) as
        paragraphs (4), (5), and (6), respectively;
            (4) by inserting after paragraph (2) the following new
        paragraph (3):
    ``(3) A communication described in paragraph (2) shall not be
excluded from the protections provided in this section because--
            ``(A) the communication was made to a person who
        participated in an activity that the member reasonably believed
        to be covered by paragraph (2);
            ``(B) the communication revealed information that had
        previously been communicated;
            ``(C) of the member's motive for making the communication;
            ``(D) the communication was not made in writing;
            ``(E) the communication was made while the member was off
        duty;
            ``(F) the communication was made during the normal course
        of duties of the member.'';
            (5) in subparagraph (D) of paragraph (4), as redesignated
        by paragraph (3) of this subsection, by inserting before the
        period at the end of the second sentence the following: ``,
        with the consent of the member''; and
            (6) in paragraph (5), as so redesignated--
                    (A) by striking ``paragraph (3)(A)'' and inserting
                ``paragraph (4)(A)'';
                    (B) by striking ``paragraph (3)(D)'' and inserting
                ``paragraph (4)(D)''; and
                    (C) by striking ``60 days'' and inserting ``one
                year''.
    (c) Inspector General Investigations of Underlying Allegations.--
Subsection (d) of such section is amended by striking ``subparagraph
(A) or (B) of subsection (c)(2)'' and inserting ``subparagraph (A),
(B), or (C) of subsection (c)(2)''.
    (d) Reports on Investigations.--Subsection (e) of such section is
amended--
            (1) in paragraph (1)--
                    (A) by striking ``subsection (c)(3)(E)'' both
                places it appears and inserting ``subsection
                (c)(4)(E)'';
                    (B) by striking ``the Secretary of Defense'' and
                inserting ``the Secretary of the military department
                concerned''; and
                    (C) by striking ``to the Secretary,'' and inserting
                ``to such Secretary,'';
            (2) in paragraph (3), by striking ``the Secretary of
        Defense'' and inserting ``the Secretary of the military
        department concerned''; and
            (3) in paragraph (4), by striking the second sentence and
        inserting the following new sentence: ``The report shall
        include an explicit determination as to whether a personnel
        action prohibited by subsection (b) has occurred and a
        recommendation as to the disposition of the complaint,
        including appropriate corrective action for the member.''.
    (e) Action in Case of Violations.--Such section is further
amended--
            (1) by redesignating subsections (f), (g), (h), and (i) as
        subsections (g), (h), (j), and (k), respectively; and
            (2) by inserting after subsection (e) the following new
        subsection (f):
    ``(f) Action in Case of Violations.--(1) If an Inspector General
reports under subsection (e) that a personnel action prohibited by
subsection (b) has occurred, not later than 30 days after receiving
such report from the Inspector General, the Secretary of Homeland
Security or the Secretary of the military department concerned, as
applicable, shall order such action as is necessary to correct the
record of a personnel action prohibited by subsection (b), taking into
account the recommendations in the report by the Inspector General.
Such Secretary shall take any appropriate disciplinary action against
the individual who committed such prohibited personnel action.
    ``(2) If the Secretary of Homeland Security or the Secretary of the
military department concerned, as applicable, determines that an order
for corrective or disciplinary action is not appropriate, not later
than 30 days after making the determination, such Secretary shall--
            ``(A) provide to the Secretary of Defense, the Committees
        on Armed Services of the Senate and the House of
        Representatives, and the member or former member, a notice of
        the determination and the reasons for not taking action; or
            ``(B) refer the report to the appropriate board for the
        correction of military records for further review under
        subsection (g).''.
    (f) Correction of Records.--Subsection (g) of such section, as
redesignated by subsection (e)(1) of this section, is further amended--
            (1) in paragraph (1), by striking ``may review'' and
        inserting ``shall review'';
            (2) in paragraph (2)(C), by striking ``may'' and inserting
        ``upon the request of the member or former member, after an
        initial determination that a complaint is not frivolous and has
        not previously been addressed by the board, shall''; and
            (3) in paragraph (3)--
                    (A) in the matter preceding subparagraph (A), by
                striking ``board elects to hold'' and inserting ``board
                holds''; and
                    (B) in subparagraph (A)--
                            (i) by striking ``may be provided'' and
                        inserting ``shall be provided''; and
                            (ii) in clause (ii), by striking ``the case
                        is unusually complex or otherwise requires''
                        and inserting ``the member or former member
                        would benefit from''.
    (g) Review.--Subsection (h) of such section, as redesignated by
subsection (e)(1) of this section, is further amended by striking
``subsection (f)'' and inserting ``subsection (g)''.
    (h) Burdens of Proof.--Such section is further amended by inserting
after subsection (h), as so redesignated, the following new subsection
(i):
    ``(i) Burdens of Proof.--The burdens of proof specified in section
1221(e) of title 5 shall apply in any investigation conducted by an
Inspector General, and any review conducted by the Secretary of
Defense, the Secretary of Homeland Security, and any board for the
correction of military records, under this section.''.
    (i) Effective Date.--The amendments made by this section shall take
effect on the date that is 30 days after the date of the enactment of
this Act, and shall apply with respect to allegations pending or
submitted under section 1034 of title 10, United States Code, on or
after that date.

Output: Military Whistleblower Protection Enhancement Act of 2013 - Revises provisions concerning protected communications from members of the Armed Forces (members) to specified military and government officials (military whistleblower provisions) to include communications made to a court, grand jury, or court-martial proceeding or to an authorized official of the Department of Justice (DOJ) or another law enforcement agency. Includes as additional protected communications any alleged violation of law, rule, or regulation, including those prohibiting rape, sexual assault, or other sexual misconduct under provisions of the Uniform Code of Military Justice (UCMJ). Provides that neither an initial determination of whether a prohibited personnel retaliatory action was taken against a member for such a communication nor a subsequent investigation is required in the case of an allegation made more than one year (under current law, 60 days) after the member first becomes aware of the personnel action. Requires reports by inspectors general of the military departments concerned on prohibited retaliatory personnel actions to: (1) be submitted to such department's Secretary (under current law, to the Secretary of Defense [DOD]); and (2) include an explicit determination as to whether a prohibited personnel action has occurred and recommendations for disposition of the complaint, including appropriate corrective action for the member. Requires any such corrective action to occur within 30 days after the receipt of such report. Requires the Secretary of Homeland Security (DHS) (with respect to the Coast Guard) and the Secretary concerned, upon determining that an order for corrective or disciplinary action is not appropriate, to notify the Secretary of Defense, the congressional defense committees, and the member of such determination and the reasons for not taking action. Requires (under current law, allows) the appropriate correction of military records upon the request of a member for whom a prohibited action determination has been made. Establishes the member's and agency's burden of proof with respect to military whistleblower protection investigations and determinations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Charles August Long Undiagnosed
Diseases Research and Collaboration Network Act of 2011'' or the ``CAL
Undiagnosed Diseases Research and Collaboration Network Act of 2011''.

SEC. 2. CAL NETWORK OF UNDIAGNOSED DISEASES.

    Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by inserting after section 317T the following:

``SEC. 317U. THE NATIONAL CAL NETWORK OF UNDIAGNOSED DISEASES.

    ``(a) Establishment.--The Secretary, acting through the Director of
NIH, shall establish and maintain an undiagnosed diseases patient
network (in this section referred to as the `CAL Network').
    ``(b) Purposes.--The purposes of the CAL Network shall be to--
            ``(1) provide physicians who are handling cases of
        undiagnosed diseases with a means, consistent with applicable
        privacy laws, including HIPAA privacy and security law (as
        defined in section 3009(a)(2)), to search for similar cases and
        to network and collaborate with the physicians handling such
        similar cases in order to find a diagnosis and to improve
        patient care and outcomes;
            ``(2) better enable and examine cross-disease research
        whereby cases of undiagnosed diseases can be cross-referenced
        against attributes of common diseases and rare diseases to
        assist in the rendering of a diagnosis; elucidate
        commonalities; identify atypical presentations, rare subgroups,
        similar findings; and identify potential treatments;
            ``(3) better describe the types and prevalence of cases of
        undiagnosed diseases in the United States;
            ``(4) make necessary data available to elucidate
        appropriate factors (such as genetic, environmental, and
        occupational factors) that may be associated with the various
        types of cases of undiagnosed diseases reported by individuals
        specified by the Director of NIH;
            ``(5) better outline key demographic factors (such as age,
        race or ethnicity, gender, sex, geographic location, and family
        medical history) of individuals who are undiagnosed;
            ``(6) provide such data necessary to better understand the
        length of time for a diagnoses to be rendered in cases of
        undiagnosed diseases and to identify barriers to diagnoses and
        reasons for misdiagnosis of diseases; and
            ``(7) provide such information necessary to determine, in
        order to improve access of individuals with undiagnosed
        diseases throughout the United States (including those with
        severe illnesses which limit or restrict travel) to programs
        similar to the Undiagnosed Disease Program conducted at the
        National Institutes of Health, if the needs and number of such
        individuals support--
                    ``(A) the expansion of such Undiagnosed Disease
                Program, as in existence as of the date of the
                enactment of this section, to include the establishment
                of additional undiagnosed diseases programs of like
                scope and nature at other locations throughout the
                United States; and
                    ``(B) the establishment by entities other than the
                National Institutes of Health of separate undiagnosed
                disease programs of like scope and nature to the
                Undiagnosed Disease Program at locations throughout the
                United States under the guidance of and through grants
                provided by and through such Undiagnosed Diseases
                Program.
    ``(c) Content of the CAL Network.--The Secretary shall include in
the CAL Network such information respecting undiagnosed diseases as the
Secretary deems appropriate for the purposes described in subsection
(b) and other purposes to facilitate the early recognition, treatment,
cure, and control of such diseases.
    ``(d) Availability.--
            ``(1) Design requirements.--Subject to paragraph (2), for
        the purposes described in subsection (c) and consistent with
        applicable privacy laws, including HIPAA privacy and security
        law (as defined in section 3009(a)(2)), the Secretary shall
        ensure that the CAL Network is designed in such a manner as
        to--
                    ``(A) make the information in the CAL Network
                available to appropriate health care professionals,
                patients, and other qualified individuals and
                organizations, as determined by the Secretary, who are
                registered to access such network in accordance with
                such process and requirements as specified by the
                Secretary;
                    ``(B) make epidemiological and other types of
                information obtained through the CAL Network available
                to Federal agencies and health-related agencies;
                    ``(C) provide for different levels and types of
                access to such network to be granted based on the
                circumstances and individuals involved; and
                    ``(D) allow for an individual to have only the
                level and type of access to the network so granted.
            ``(2) Information which may not be publically disclosed.--
        The design under paragraph (1) shall ensure that the following
        information is not publicly disclosed:
                    ``(A) Individually identifiable information.
                    ``(B) Trade secrets or commercial or financial
                information obtained from a person and privileged or
                confidential, as provided in section 552(b)(4) of title
                5, United States Code.
    ``(e) Grants.--The Secretary, acting through the Director of NIH,
may award grants to, and enter into contracts and cooperative
agreements with, public or private nonprofit entities for--
            ``(1) the collection, analysis, and reporting of data on
        cases of undiagnosed diseases and other disorders that can
        often go undiagnosed or be misdiagnosed as other diseases or
        disorders; and
            ``(2) the establishment of separate undiagnosed disease
        programs described in subsection (b)(7)(B).
    ``(f) Implementation Schedule.--In carrying out this section, the
Secretary shall--
            ``(1) not later than 1 year after the date of the enactment
        of this section, complete any study, research, and development
        necessary to implement the CAL Network; and
            ``(2) complete the implementation of the CAL Network such
        that it is fully operational by not later than September 30,
        2013.
    ``(g) Undiagnosed Diseases Defined.--For purposes of this section,
the term `undiagnosed disease' means a medically unexplained chronic
multi-symptom disease that--
            ``(1) causes the decline of, limitations in, or cessation
        of a person's developmental status, functional status, quality
        of life, or any combination thereof;
            ``(2) has not been diagnosed by a medical specialist in a
        tertiary medical center;
            ``(3) is defined by a cluster of signs or symptoms; which
        by history, physical examination, and laboratory tests cannot
        be attributed to any known clinical diagnosis;
            ``(4) is without conclusive pathophysiology or etiology;
            ``(5) is characterized by overlapping symptoms and signs;
        or
            ``(6) exhibits an inconsistent demonstration of laboratory
        abnormalities.
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--To carry out this section, there are
        authorized to be appropriated $5,000,000 for the period of
        fiscal years 2012 through 2017.
            ``(2) Offset.--To offset amounts appropriated pursuant to
        the authorization of appropriations in paragraph (1), the
        Secretary shall reduce funds that would otherwise be obligated
        and expended under the account heading `National Institutes of
        Health--Office of the Director' by $5,000,000 for the period of
        fiscal years 2012 through 2017.''.

Output:
Charles August Long Undiagnosed Diseases Research and Collaboration Network Act of 2011 or the CAL Undiagnosed Diseases Research and Collaboration Network Act of 2011 - Requires the Director of the National Institutes of Health (NIH) to establish and maintain an undiagnosed diseases patient network. Includes among the purposes of the CAL Network to: (1) provide physicians who are handling cases of undiagnosed diseases with a means to search for similar cases and to network and collaborate with physicians handling similar cases; (2) better enable and examine cross-disease research; (3) better describe the types and prevalence of cases of undiagnosed diseases in the United States; and (4) provide such data necessary to better understand the length of time for a diagnosis to be rendered and to identify barriers to diagnoses and reasons for misdiagnosis of diseases.

Authorizes the Secretary of Health and Human Services (HHS) to award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for: (1) the collection, analysis, and reporting of data on cases of undiagnosed diseases and other disorders that can often go undiagnosed or be misdiagnosed as other diseases or disorders; and (2) the establishment of separate undiagnosed disease programs.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowering Financial Institutions to
Fight Human Trafficking Act of 2018''.

SEC. 2. ANTI-MONEY LAUNDERING INFORMATION PROVIDERS.

    (a) In General.--Subchapter II of chapter 53 of title 31, United
States Code, is amended by adding at the end the following:
``Sec. 5333. Anti-money laundering information providers
    ``(a) Cooperation Among Financial Institutions and Sources of
Information on Human Trafficking and Money Laundering.--
            ``(1) In general.--Not later than the end of the 120-day
        period beginning on the date of enactment of this section, the
        Secretary of the Treasury shall issue regulations to allow
        nonprofit organizations that the Secretary determines to be
        qualified to share information with financial institutions,
        associations of financial institutions, their regulatory
        authorities, and law enforcement agencies regarding
        individuals, entities, organizations, and countries suspected
        of possible human trafficking or related money laundering
        activities.
            ``(2) Cooperation and information sharing procedures.--The
        regulations required under paragraph (1) may include or create
        procedures for cooperation and information sharing focused on--
                    ``(A) matters specifically related to those
                benefitting directly and indirectly from human
                trafficking, the means by which human traffickers
                transfer funds within the United States and around the
                world, and the extent to which financial institutions,
                including depository institutions, asset managers, and
                insurers in the United States, are unwittingly involved
                in such matters or transfers and the extent to which
                such entities are at risk as a result; and
                    ``(B) means of facilitating the identification of
                accounts and transactions involving human traffickers
                and facilitating the exchange of information concerning
                such accounts and transactions between nonprofit
                organizations, financial institutions, regulatory
                authorities, and law enforcement agencies.
            ``(3) Method of regulation.--The regulations required under
        paragraph (1) may--
                    ``(A) be made coextensive with the regulations
                adopted pursuant to other programs, regulated by the
                Secretary, for sharing information on unlawful
                activities between financial institutions;
                    ``(B) establish a registration process overseen by
                the Secretary that--
                            ``(i) requires a nonprofit organization to
                        demonstrate that they meet certain
                        qualifications that the Secretary determines
                        appropriate, including the establishment of
                        policies and procedures reasonably designed to
                        ensure the prompt identification and correction
                        of inaccurate information shared under
                        paragraph (1);
                            ``(ii) allows the Secretary to disqualify
                        nonprofit organizations that do not meet such
                        qualifications; and
                            ``(iii) allows the Secretary to terminate
                        the registration of a nonprofit organization at
                        any point if the Secretary determines such
                        termination is appropriate and provides
                        sufficient notice of such termination to the
                        applicable nonprofit organization;
                    ``(C) require a nonprofit organization to register
                with the Secretary before sharing information that will
                be subject to the safe harbor provided under subsection
                (b); and
                    ``(D) ensure that financial institutions,
                associations of financial institutions, their
                regulatory authorities, law enforcement authorities,
                and any other appropriate entities are made aware of
                those nonprofit organizations that are registered with
                the Secretary.
            ``(4) Recipients of information.--
                    ``(A) In general.--The Secretary shall determine
                those financial institutions which are eligible to be
                recipients of information from nonprofit organizations
                made in compliance with the regulations issued under
                subsection (a). Such eligible financial institutions
                may include those already participating in existing
                information sharing programs regulated by the Secretary
                regarding unlawful activity.
                    ``(B) No safe harbor for information provided to
                other financial institutions.--If a nonprofit
                organization shares information with a financial
                institution that is not eligible under subparagraph
                (A), such sharing of information shall not be subject
                to the safe harbor provided under subsection (b).
            ``(5) Information sharing between financial institutions.--
        The regulations adopted pursuant to this section--
                    ``(A) may be coextensive with other regulations
                governing the sharing of information between financial
                institutions on suspected unlawful activities; and
                    ``(B) shall allow financial institutions that
                receive information in compliance with the regulations
                issued under subsection (a) to share such information
                with other financial institutions through existing
                information sharing programs.
    ``(b) Safe Harbor for Information Providers.--
            ``(1) In general.--A nonprofit organization, financial
        institution, association of financial institutions, regulatory
        authority of a financial institution, or law enforcement agency
        in compliance with the regulations issued under subsection (a)
        that transmits or shares information described under subsection
        (a) for the purposes of identifying or reporting activities
        that may involve human trafficking acts or related money
        laundering activities shall not be liable to any person under
        any law or regulation of the United States, any constitution,
        law, or regulation of any State or political subdivision
        thereof, or under any contract or other legally enforceable
        agreement (including any arbitration agreement), for such
        disclosure or for any failure to provide notice of such
        disclosure to the person who is the subject of such disclosure,
        or any other person identified in the disclosure, except where
        such transmission or sharing violates this section or
        regulations issued pursuant to this section.
            ``(2) No good faith requirement.--A nonprofit organization,
        financial institution, association of financial institutions,
        regulatory authority of a financial institution, or law
        enforcement agency that transmits or shares information
        described under paragraph (1) shall not be required to
        demonstrate that such transmission or sharing was made on a
        good faith basis in order to receive the benefit of the safe
        harbor provided by paragraph (1).
    ``(c) Non-Mandatory Compliance With This Section.--This section may
not be construed as requiring a nonprofit organization to comply with
the regulations issued under subsection (a) before sharing information
with a financial institution, association of financial institutions,
regulatory authority of a financial institution, or law enforcement
agency.
    ``(d) Reports to the Financial Services Industry on Suspicious
Financial Activities.--Beginning 10 months after the date of the
enactment of this section, and at least semiannually thereafter, the
Secretary of the Treasury shall--
            ``(1) publish a report containing a detailed analysis
        identifying patterns of suspicious activity and other
        investigative insights derived from the regulations issued
        under this section and investigations conducted by Federal,
        State, local, and Tribal law enforcement agencies to the extent
        appropriate;
            ``(2) distribute such report to financial institutions; and
            ``(3) provide such report upon publication to the Committee
        on Financial Services of the House of Representatives and the
        Committee on Banking, Housing, and Urban Affairs of the Senate.
    ``(e) Nonprofit Organization Defined.--For purposes of this
section, the term `nonprofit organization' means an organization
described in section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such Code.''.
    (b) Clerical Amendment.--The table of contents for chapter 53 of
title 31, United States Code, is amended by inserting after the item
relating to section 5332 the following:

``5333. Anti-money laundering information providers.''.

            Passed the House of Representatives September 26, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Empowering Financial Institutions to Fight Human Trafficking Act of 2018  (Sec. 2) This bill allows a qualified nonprofit organization to share information with financial institutions and other authorities regarding possible human trafficking or related money laundering activities. The Department of the Treasury must determine which financial institutions are eligible to receive this information. Nonprofit organizations, financial institutions, and other authorities shall not be held liable for sharing this information in compliance with specified regulations.


Input:
SECTION 1. SCHOOL CONSTRUCTION FUNDS FOR CERTAIN LOCAL EDUCATIONAL
              AGENCIES.

    Title XII of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8501 et seq.) is amended--
            (1) by inserting after the title heading the following:

           ``PART A--EDUCATION INFRASTRUCTURE ACT OF 1994'';

            (2) by striking ``title'' each place such term appears and
        inserting ``part''; and
            (3) by adding at the end the following:

``PART B--SCHOOL CONSTRUCTION FUNDS FOR LOCAL EDUCATIONAL AGENCIES THAT
   HAVE MADE IMPROVEMENTS IN TEACHER QUALITY AND STUDENT ACHIEVEMENT

``SEC. 12020. PURPOSE.

    ``The purpose of the part is to award grants for school
construction to local educational agencies that have taken steps to
improve teacher quality and raise student achievement.

``SEC. 12021. PROGRAM AUTHORIZED.

    ``The Secretary is authorized to award grants to local educational
agencies that satisfy the conditions in section 12022 to enable such
agencies to carry out school construction.

``SEC. 12022. CONDITIONS FOR RECEIVING FUNDS.

    ``(a) In General.--In order to receive a grant under this part, a
local educational agency shall have submitted to the Secretary (at such
time and in such manner as the Secretary may require) an application
establishing the following:
            ``(1) The percentage of children eligible for free and
        reduced priced lunches under the National School Lunch Act
        under the jurisdiction of the agency equals or exceeds 65
        percent.
            ``(2) It has taken significant steps to ensure that all
        students are taught by fully qualified teachers.
            ``(3) It does not use teachers certified on an emergency
        basis.
            ``(4) It does not use social promotion.
            ``(5) All students in grades kindergarten through grade 12
        under its jurisdiction are subject to State achievement
        standards in the core curriculum at key transition points, as
        determined by the State.
            ``(6) It uses tests and other indicators, such as grades
        and teacher evaluations, to assess student performance in
        meeting the State achievement standards, which tests are valid
        for the purpose of such assessment.
    ``(b) Plan.--In order to receive a grant under this part, a local
educational agency shall include in the application submitted under
subsection (a)--
            ``(1) a plan for ensuring that all students are taught by
        fully qualified teachers; and
            ``(2) an assurance that the agency will provide annual
        reports to the Secretary quantifying progress toward achieving
        that end.

``SEC. 12023. DEFINITIONS.

    ``For purposes of this part:
            ``(1) Construction.--The term `construction' means--
                    ``(A) preparation of drawings and specifications
                for school facilities;
                    ``(B) building new school facilities, or acquiring,
                remodeling, demolishing, renovating, improving, or
                repairing facilities; or
                    ``(C) inspection of work described in subparagraph
                (B).
            ``(2) Fully qualified teacher.--The term `fully qualified
        teacher' means--
                    ``(A) when used with respect to a public elementary
                or secondary school teacher means that the teacher
                holds a valid State teaching certificate or license for
                the grade level at which he or she provides
                instruction; and
                    ``(B) when used with respect to--
                            ``(i) an elementary school teacher, means
                        that the teacher holds at least a bachelor's
                        degree and has demonstrated the knowledge and
                        teaching skills needed to teach effectively in
                        the areas of reading writing, mathematics,
                        science and other areas of the elementary
                        school curriculum; or
                            ``(ii) a middle or secondary school
                        teacher, means that the teacher holds at least
                        a bachelors degree and has demonstrated
                        proficiency in all subject areas in which he or
                        she provides instruction through--
                                    ``(I) a high level of performance
                                on a rigorous and formal State
                                assessment of content area knowledge;
                                or
                                    ``(II) completion of at least an
                                undergraduate major in each of the
                                academic subject areas in which he or
                                she provides instruction.
            ``(3) School facility.--The term `school facility' means a
        public structure suitable for use as a classroom, laboratory,
        library, media center, or related facility the primary purpose
        of which is the instruction of public elementary school or
        secondary school students.

``SEC. 12024. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part
$1,000,000,000 for fiscal year 2002 and each of the 5 succeeding fiscal
years.''.

Output: Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants for school construction to local educational agencies that have taken steps to improve teacher quality and student achievement.


Input:
SECTION 1. SCHOOL DISCIPLINE AND TEACHER LIABILITY PROTECTION.

    (a) In General.--The Elementary and Secondary Education Act of 1965
(20 U.S.C 6301 et seq.) is amended by adding at the end the following:

     ``TITLE XV--SCHOOL DISCIPLINE AND TEACHER LIABILITY PROTECTION

``SEC. 15001. SHORT TITLE.

    ``This title may be cited as the `Teacher Protection Act of 2001'.

``SEC. 15002. PURPOSE.

    ``The purpose of this title is to provide teachers, principals and
other school professionals the tools they need to undertake reasonable
actions to maintain order, discipline, and an appropriate educational
environment.

``SEC. 15003. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.

    ``(a) Preemption.--This title preempts the laws of any State to the
extent that such laws are inconsistent with this title, except that
this title shall not preempt any State law that provides additional
protection from liability relating to teachers.
    ``(b) Election of State Regarding Nonapplicability.--This title
shall not apply to any civil action in a State court against a teacher
in which all parties are citizens of the State if such State enacts a
statute in accordance with State requirements for enacting
legislation--
            ``(1) citing the authority of this subsection;
            ``(2) declaring the election of such State that this title
        shall not apply, as of a date certain, to such civil action in
        the State; and
            ``(3) containing no other provisions.

``SEC. 15004. LIMITATION ON LIABILITY FOR TEACHERS.

    ``(a) Liability Protection for Teachers.--Except as provided in
subsections (b) and (c), no teacher in a school shall be liable for
harm caused by an act or omission of the teacher on behalf of the
school if--
            ``(1) the teacher was acting within the scope of the
        teacher's employment or responsibilities related to providing
        educational services;
            ``(2) the actions of the teacher were carried out in
        conformity with local, State, or Federal laws, rules or
        regulations in furtherance of efforts to control, discipline,
        expel, or suspend a student or maintain order or control in the
        classroom or school;
            ``(3) if appropriate or required, the teacher was properly
        licensed, certified, or authorized by the appropriate
        authorities for the activities or practice in the State in
        which the harm occurred, where the activities were or practice
        was undertaken within the scope of the teacher's
        responsibilities;
            ``(4) the harm was not caused by willful or criminal
        misconduct, gross negligence, reckless misconduct, or a
        conscious, flagrant indifference to the rights or safety of the
        individual harmed by the teacher; and
            ``(5) the harm was not caused by the teacher operating a
        motor vehicle, vessel, aircraft, or other vehicle for which the
        State requires the operator or the owner of the vehicle, craft,
        or vessel to--
                    ``(A) possess an operator's license; or
                    ``(B) maintain insurance.
    ``(b) Concerning Responsibility of Teachers to Schools and
Governmental Entities.--Nothing in this section shall be construed to
affect any civil action brought by any school or any governmental
entity against any teacher of such school.
    ``(c) Exceptions to Teacher Liability Protection.--If the laws of a
State limit teacher liability subject to one or more of the following
conditions, such conditions shall not be construed as inconsistent with
this section:
            ``(1) A State law that requires a school or governmental
        entity to adhere to risk management procedures, including
        mandatory training of teachers.
            ``(2) A State law that makes the school or governmental
        entity liable for the acts or omissions of its teachers to the
        same extent as an employer is liable for the acts or omissions
        of its employees.
            ``(3) A State law that makes a limitation of liability
        inapplicable if the civil action was brought by an officer of a
        State or local government pursuant to State or local law.
    ``(d) Limitation on Punitive Damages Based on the Actions of
Teachers.--
            ``(1) General rule.--Punitive damages may not be awarded
        against a teacher in an action brought for harm based on the
        action of a teacher acting within the scope of the teacher's
        responsibilities to a school or governmental entity unless the
        claimant establishes by clear and convincing evidence that the
        harm was proximately caused by an action of such teacher which
        constitutes willful or criminal misconduct, or a conscious,
        flagrant indifference to the rights or safety of the individual
        harmed.
            ``(2) Construction.--Paragraph (1) does not create a cause
        of action for punitive damages and does not preempt or
        supersede any Federal or State law to the extent that such law
        would further limit the award of punitive damages.
    ``(e) Exceptions to Limitations on Liability.--
            ``(1) In general.--The limitations on the liability of a
        teacher under this title shall not apply to any misconduct
        that--
                    ``(A) constitutes a crime of violence (as that term
                is defined in section 16 of title 18, United States
                Code) or act of international terrorism (as that term
                is defined in section 2331 of title 18, United States
                Code) for which the defendant has been convicted in any
                court;
                    ``(B) involves a sexual offense, as defined by
                applicable State law, for which the defendant has been
                convicted in any court;
                    ``(C) involves misconduct for which the defendant
                has been found to have violated a Federal or State
                civil rights law; or
                    ``(D) where the defendant was under the influence
                (as determined pursuant to applicable State law) of
                intoxicating alcohol or any drug at the time of the
                misconduct.
            ``(2) Rule of construction.--Nothing in this subsection
        shall be construed to effect subsection (a)(3) or (d).

``SEC. 15005. DEFINITIONS.

    ``For purposes of this title:
            ``(1) Economic loss.--The term `economic loss' means any
        pecuniary loss resulting from harm (including the loss of
        earnings or other benefits related to employment, medical
        expense loss, replacement services loss, loss due to death,
        burial costs, and loss of business or employment opportunities)
        to the extent recovery for such loss is allowed under
        applicable State law.
            ``(2) Harm.--The term `harm' includes physical,
        nonphysical, economic, and noneconomic losses.
            ``(3) Noneconomic losses.--The term `noneconomic losses'
        means losses for physical and emotional pain, suffering,
        inconvenience, physical impairment, mental anguish,
        disfigurement, loss of enjoyment of life, loss of society and
        companionship, loss of consortium (other than loss of domestic
        service), hedonic damages, injury to reputation and all other
        nonpecuniary losses of any kind or nature.
            ``(4) School.--The term `school' means a public or private
        kindergarten, a public or private elementary school or
        secondary school (as defined in section 14101, or a home
        school.
            ``(5) State.--The term `State' means each of the several
        States of the United States, the District of Columbia, the
        Commonwealth of Puerto Rico, the United States Virgin Islands,
        Guam, American Samoa, the Commonwealth of the Northern Mariana
        Islands, any other territory or possession of the United
        States, or any political subdivision of any such State,
        territory, or possession.
            ``(6) Teacher.--The term `teacher' means a teacher,
        instructor, principal, administrator, or other educational
        professional that works in a school, a local school board and
        any member of such board, and a local educational agency and
        any employee of such agency.''.
    (b) Effective Date.--
            (1) In general.--Title XV of the Elementary and Secondary
        Education Act of 1965, as added by subsection (a), shall take
        effect 90 days after the date of the enactment of this Act.
            (2) Application.--Title XV of the Elementary and Secondary
        Education Act of 1965, as added by subsection (a), applies to
        any claim for harm caused by an act or omission of a teacher if
        that claim is filed on or after the effective date specified in
        paragraph (1), without regard to whether the harm that is the
        subject of the claim or the conduct that caused the harm
        occurred before such effective date.

Output: Teacher Protection Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a new title XV, School Discipline and Teacher Liability Protection.Preempts State law except where it provides additional protection of teachers from liability. Makes this Act inapplicable to any civil action in State court against a teacher in which all parties are citizens of the State, if it enacts a statute electing that this Act not apply.Provides that no teacher in a school shall be liable, with specified exceptions, for harm caused by an act or omission on behalf of the school if the teacher was acting within the scope of employment or responsibilities relating to providing educational services, and if certain other conditions are met. Limits punitive damages.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Education Modernization Fund Act''.

SEC. 2. EDUCATION MODERNIZATION LOANS AND FUND.

    (a) Loans.--
            (1) In general.--The Secretary of Education (referred to in
        this subsection as the ``Secretary'') shall make loans to
        States for the purpose of constructing and modernizing
        elementary schools and secondary schools.
            (2) Terms.--The Secretary shall make low interest, long-
        term loans, as determined by the Secretary, under paragraph
        (1). The Secretary shall determine the eligibility requirements
        for, and the terms of, any loan made under paragraph (1).
            (3) Allocation of funds.--The Secretary shall determine a
        formula for allocating the funds made available under
        subsection (b)(4) to States for loans under paragraph (1). The
        Secretary shall ensure that the formula provides for the
        allocation of funds for such loans to each eligible State. In
        determining the formula, the Secretary shall take into
        consideration the need for financial assistance of States with
        significant increases in populations of elementary school and
        secondary school students.
            (4) Definitions.--In this subsection, the terms
        ``elementary school'' and ``secondary school'' have the
        meanings given the terms in section 14101 of the Elementary and
        Secondary Education Act of 1965 (20 U.S.C. 8801).
    (b) Fund.--
            (1) Establishment.--There is established in the Treasury of
        the United States a trust fund, to be known as the ``Education
        Modernization Fund'', consisting of the amounts transferred to
        or deposited in the Trust Fund under paragraph (2) and any
        interest earned on investment of the amounts in the Trust Fund
        under paragraph (3).
            (2) Transfers and deposits.--
                    (A) Transfer.--The Secretary of the Treasury shall
                transfer to the Trust Fund an amount equal to
                $5,000,000,000 from the modernization fund described in
                section 5302 of title 31, United States Code.
                    (B) Deposits.--There shall be deposited in the
                Trust Fund all amounts received by the Secretary of
                Education incident to loan operations under subsection
                (a), including all collections of principal and
                interest.
            (3) Investment of trust fund.--
                    (A) In general.--The Secretary of the Treasury
                shall invest the portion of the Trust Fund that is not,
                in the Secretary's judgment, required to meet current
                withdrawals.
                    (B) Obligations.--Such investments may be made only
                in interest-bearing obligations of the United States or
                in obligations guaranteed as to both principal and
                interest by the United States. For such purpose, such
                obligations may be acquired--
                            (i) on original issue at the issue price;
                        or
                            (ii) by purchase of outstanding obligations
                        at the market price.
                    (C) Purposes for obligations of the united
                states.--The purposes for which obligations of the
                United States may be issued under chapter 31 of title
                31, United States Code, are extended to authorize the
                issuance at par of special obligations exclusively to
                the Trust Fund.
                    (D) Interest.--Such special obligations shall bear
                interest at a rate equal to the average rate of
                interest, computed as to the end of the calendar month
                next preceding the date of such issue, borne by all
                marketable interest-bearing obligations of the United
                States then forming a part of the Public Debt, except
                that where such average rate is not a multiple of \1/8\
                of 1 percent, the rate of interest of such special
                obligations shall be the multiple of \1/8\ of 1 percent
                next lower than such average rate.
                    (E) Determination.--Such special obligations shall
                be issued only if the Secretary of the Treasury
                determines that the purchase of other interest-bearing
                obligations of the United States, or of obligations
                guaranteed as to both principal and interest by the
                United States on original issue or at the market price,
                is not in the public interest.
                    (F) Sale of obligation.--Any obligation acquired by
                the Trust Fund (except special obligations issued
                exclusively to the Trust Fund) may be sold by the
                Secretary of the Treasury at the market price, and such
                special obligations may be redeemed at par plus accrued
                interest.
                    (G) Credits to trust fund.--The interest on, and
                the proceeds from the sale or redemption of, any
                obligations held in the Trust Fund shall be credited to
                and form a part of the Trust Fund.
            (4) Expenditures from trust fund.--Amounts in the Trust
        Fund shall be available to the Secretary of Education for
        making expenditures to carry out subsection (a).

Output:
Education Modernization Fund Act - Directs the Secretary of Education to make low-interest, long-term loans to States for constructing and modernizing elementary and secondary schools.
Requires the Secretary of Education to determine a formula for allocating such loans to eligible States, taking into consideration the needs of States with significant increases in school student populations.
Establishes the Education Modernization Fund (EMF) in the Treasury to provide funds for such loans.
Directs the Secretary of the Treasury to:  (1) transfer to the EMF a specified amount from the Treasury's Exchange Stabilization Fund; and (2) invest, in a specified manner, the portion of the EMF that is not required to meet current withdrawals.
Directs the Secretary of Education to deposit in the EMF all amounts received by incident to such loan operations, including all collections of principal and interest.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pregnant Workers Fairness Act''.

SEC. 2. NONDISCRIMINATION WITH REGARD TO REASONABLE ACCOMMODATIONS
              RELATED TO PREGNANCY.

    It shall be an unlawful employment practice for a covered entity
to--
            (1) not make reasonable accommodations to the known
        limitations related to the pregnancy, childbirth, or related
        medical conditions of a job applicant or employee, unless such
        covered entity can demonstrate that the accommodation would
        impose an undue hardship on the operation of the business of
        such covered entity;
            (2) deny employment opportunities to a job applicant or
        employee, if such denial is based on the need of the covered
        entity to make reasonable accommodations to the known
        limitations related to the pregnancy, childbirth, or related
        medical conditions of an employee or applicant;
            (3) require a job applicant or employee affected by
        pregnancy, childbirth, or related medical conditions to accept
        an accommodation that such applicant or employee chooses not to
        accept, if such accommodation is unnecessary to enable the
        applicant or employee to perform her job;
            (4) require an employee to take leave, whether paid or
        unpaid, if another reasonable accommodation can be provided to
        the known limitations related to the pregnancy, childbirth, or
        related medical conditions of an employee; or
            (5) take adverse action in terms, conditions, or privileges
        of employment against an employee on account of the employee
        requesting or using a reasonable accommodation to the known
        limitations related to the pregnancy, childbirth, or related
        medical conditions of the employee.

SEC. 3. REMEDIES AND ENFORCEMENT.

    (a) Employees Covered by Title VII of the Civil Rights Act of
1964.--
            (1) In general.--The powers, procedures, and remedies
        provided in sections 705, 706, 707, 709, 710, and 711 of the
        Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the
        Commission, the Attorney General, or any person, alleging a
        violation of title VII of that Act (42 U.S.C. 2000e et seq.)
        shall be the powers, procedures, and remedies this Act provides
        to the Commission, the Attorney General, or any person,
        respectively, alleging an unlawful employment practice in
        violation of this Act against an employee described in section
        5(3)(A), except as provided in paragraphs (2) and (3).
            (2) Costs and fees.--The powers, remedies, and procedures
        provided in subsections (b) and (c) of section 722 of the
        Revised Statutes of the United States (42 U.S.C. 1988), shall
        be the powers, remedies, and procedures this Act provides to
        the Commission, the Attorney General, or any person, alleging
        such a practice.
            (3) Damages.--The powers, remedies, and procedures provided
        in section 1977A of the Revised Statutes of the United States
        (42 U.S.C. 1981a), including the limitations contained in
        subsection (b)(3) of such section 1977A, shall be the powers,
        remedies, and procedures this Act provides to the Commission,
        the Attorney General, or any person, alleging such a practice
        (not an employment practice specifically excluded from coverage
        under section 1977A(a)(1) of the Revised Statutes of the United
        States).
    (b) Employees Covered by Congressional Accountability Act of
1995.--
            (1) In general.--The powers, remedies, and procedures
        provided in the Congressional Accountability Act of 1995 (2
        U.S.C. 1301 et seq.) to the Board (as defined in section 101 of
        that Act (2 U.S.C. 1301)), or any person, alleging a violation
        of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be
        the powers, remedies, and procedures this Act provides to that
        Board, or any person, alleging an unlawful employment practice
        in violation of this Act against an employee described in
        section 5(3)(B), except as provided in paragraphs (2) and (3).
            (2) Costs and fees.--The powers, remedies, and procedures
        provided in subsections (b) and (c) of section 722 of the
        Revised Statutes of the United States (42 U.S.C. 1988), shall
        be the powers, remedies, and procedures this Act provides to
        that Board, or any person, alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided
        in section 1977A of the Revised Statutes of the United States
        (42 U.S.C. 1981a), including the limitations contained in
        subsection (b)(3) of such section 1977A, shall be the powers,
        remedies, and procedures this Act provides to that Board, or
        any person, alleging such a practice (not an employment
        practice specifically excluded from coverage under section
        1977A(a)(1) of the Revised Statutes of the United States).
            (4) Other applicable provisions.--With respect to a claim
        alleging a practice described in paragraph (1), title III of
        the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et
        seq.) shall apply in the same manner as such title applies with
        respect to a claim alleging a violation of section 201(a)(1) of
        such Act (2 U.S.C. 1311(a)(1)).
    (c) Employees Covered by Chapter 5 of Title 3, United States
Code.--
            (1) In general.--The powers, remedies, and procedures
        provided in chapter 5 of title 3, United States Code, to the
        President, the Commission, the Merit Systems Protection Board,
        or any person, alleging a violation of section 411(a)(1) of
        that title, shall be the powers, remedies, and procedures this
        Act provides to the President, the Commission, such Board, or
        any person, respectively, alleging an unlawful employment
        practice in violation of this Act against an employee described
        in section 5(3)(C), except as provided in paragraphs (2) and
        (3).
            (2) Costs and fees.--The powers, remedies, and procedures
        provided in subsections (b) and (c) of section 722 of the
        Revised Statutes of the United States (42 U.S.C. 1988) shall be
        the powers, remedies, and procedures this Act provides to the
        President, the Commission, such Board, or any person, alleging
        such a practice.
            (3) Damages.--The powers, remedies, and procedures provided
        in section 1977A of the Revised Statutes of the United States
        (42 U.S.C. 1981a), including the limitations contained in
        subsection (b)(3) of such section 1977A, shall be the powers,
        remedies, and procedures this Act provides to the President,
        the Commission, such Board, or any person, alleging such a
        practice (not an employment practice specifically excluded from
        coverage under section 1977A(a)(1) of the Revised Statutes of
        the United States).
    (d) Employees Covered by Government Employee Rights Act of 1991.--
            (1) In general.--The powers, remedies, and procedures
        provided in sections 302 and 304 of the Government Employee
        Rights Act of 1991 (42 U.S.C. 2000e-16b; 2000e-16c) to the
        Commission, or any person, alleging a violation of section
        302(a)(1) of that Act (42 U.S.C. 2000e-16b(a)(1)) shall be the
        powers, remedies, and procedures this Act provides to the
        Commission, or any person, respectively, alleging an unlawful
        employment practice in violation of this Act against an
        employee described in section 5(3)(D), except as provided in
        paragraphs (2) and (3).
            (2) Costs and fees.--The powers, remedies, and procedures
        provided in subsections (b) and (c) of section 722 of the
        Revised Statutes of the United States (42 U.S.C. 1988) shall be
        the powers, remedies, and procedures this Act provides to the
        Commission, or any person, alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided
        in section 1977A of the Revised Statutes of the United States
        (42 U.S.C. 1981a), including the limitations contained in
        subsection (b)(3) of such section 1977A, shall be the powers,
        remedies, and procedures this Act provides to the Commission,
        or any person, alleging such a practice (not an employment
        practice specifically excluded from coverage under section
        1977A(a)(1) of the Revised Statutes of the United States).
    (e) Employees Covered by Section 717 of the Civil Rights Act of
1964.--
            (1) In general.--The powers, remedies, and procedures
        provided in section 717 of the Civil Rights Act of 1964 (42
        U.S.C. 2000e-16) to the Commission, the Attorney General, the
        Librarian of Congress, or any person, alleging a violation of
        that section shall be the powers, remedies, and procedures this
        Act provides to the Commission, the Attorney General, the
        Librarian of Congress, or any person, respectively, alleging an
        unlawful employment practice in violation of this Act against
        an employee or applicant described in section 5(3)(E), except
        as provided in paragraphs (2) and (3).
            (2) Costs and fees.--The powers, remedies, and procedures
        provided in subsections (b) and (c) of section 722 of the
        Revised Statutes of the United States (42 U.S.C. 1988) shall be
        the powers, remedies, and procedures this Act provides to the
        Commission, the Attorney General, the Librarian of Congress, or
        any person, alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided
        in section 1977A of the Revised Statutes of the United States
        (42 U.S.C. 1981a), including the limitations contained in
        subsection (b)(3) of such section 1977A, shall be the powers,
        remedies, and procedures this Act provides to the Commission,
        the Attorney General, the Librarian of Congress, or any person,
        alleging such a practice (not an employment practice
        specifically excluded from coverage under section 1977A(a)(1)
        of the Revised Statutes of the United States).
    (f) Prohibition Against Retaliation.--
            (1) In general.--No person shall discriminate against any
        individual because such individual has opposed any act or
        practice made unlawful by this Act or because such individual
        made a charge, testified, assisted, or participated in any
        manner in an investigation, proceeding, or hearing under this
        Act.
            (2) Prohibition against coercion.--It shall be unlawful to
        coerce, intimidate, threaten, or interfere with any individual
        in the exercise or enjoyment of, or on account of such
        individual having exercised or enjoyed, or on account of such
        individual having aided or encouraged any other individual in
        the exercise or enjoyment of, any right granted or protected by
        this Act.
            (3) Remedy.--The remedies and procedures otherwise provided
        for under this section shall be available to aggrieved
        individuals with respect to violations of this subsection.

SEC. 4. RULEMAKING.

    Not later than 2 years after the date of enactment of this Act, the
Commission shall issue regulations in an accessible format in
accordance with subchapter II of chapter 5 of title 5, United States
Code, to carry out this Act. Such regulations shall provide examples of
reasonable accommodations addressing known limitations related to
pregnancy, childbirth, or related medical conditions that shall be
provided to a job applicant or employee affected by such known
limitations unless the covered entity can demonstrate that doing so
would impose an undue hardship.

SEC. 5. DEFINITIONS.

    As used in this Act--
            (1) the term ``Commission'' means the Equal Employment
        Opportunity Commission;
            (2) the term ``covered entity''--
                    (A) has the meaning given the term ``respondent''
                in section 701(n) of the Civil Rights Act of 1964 (42
                U.S.C. 2000e(n)); and
                    (B) includes--
                            (i) an employing office, as defined in
                        section 101 of the Congressional Accountability
                        Act of 1995 (2 U.S.C. 1301) and section 411(c)
                        of title 3, United States Code;
                            (ii) an entity employing a State employee
                        described in section 304(a) of the Government
                        Employee Rights Act of 1991 (42 U.S.C. 2000e-
                        16c(a)); and
                            (iii) an entity to which section 717(a) of
                        the Civil Rights Act of 1964 (42 U.S.C. 2000e-
                        16(a)) applies;
            (3) the term ``employee'' means--
                    (A) an employee (including an applicant), as
                defined in section 701(f) of the Civil Rights Act of
                1964 (42 U.S.C. 2000e(f));
                    (B) a covered employee (including an applicant), as
                defined in section 101 of the Congressional
                Accountability Act of 1995 (2 U.S.C. 1301);
                    (C) a covered employee (including an applicant), as
                defined in section 411(c) of title 3, United States
                Code;
                    (D) a State employee (including an applicant)
                described in section 304(a) of the Government Employee
                Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); or
                    (E) an employee (including an applicant) to which
                section 717(a) of the Civil Rights Act of 1964 (42
                U.S.C. 2000e-16(a)) applies;
            (4) the term ``person'' has the meaning given such term in
        section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(a)); and
            (5) the terms ``reasonable accommodation'' and ``undue
        hardship'' have the meanings given such terms in section 101 of
        the Americans with Disabilities Act of 1990 (42 U.S.C. 12111)
        and shall be construed as such terms have been construed under
        such Act and as set forth in the regulations required by this
        Act, including with regard to the interactive process that will
        typically be used to determine an appropriate reasonable
        accommodation.

SEC. 6. WAIVER OF STATE IMMUNITY.

    A State shall not be immune under the 11th Amendment to the
Constitution of the United States from an action in a Federal or State
court of competent jurisdiction for a violation of this Act. In any
action against a State for a violation of the requirements of this Act,
remedies are available for such a violation to the same extent as such
remedies are available for such a violation in an action against any
public or private entity other than a State.

SEC. 7. RELATIONSHIP TO OTHER LAWS.

    Nothing in this Act shall be construed to invalidate or limit the
remedies, rights, and procedures of any Federal law or law of any State
or political subdivision of any State or jurisdiction that provides
greater or equal protection for workers affected by pregnancy,
childbirth, or related medical conditions.

Output: Pregnant Workers Fairness Act  Declares that it is an unlawful employment practice for employers, employment agencies, labor organizations, and other specified entities to: (1) fail to make reasonable accommodations to known limitations related to the pregnancy, childbirth, or related medical conditions of job applicants or employees, unless the accommodation would impose an undue hardship on such an entity's business operation; (2) deny employment opportunities based on the need of the entity to make such reasonable accommodations; (3) require such job applicants or employees to accept an accommodation that they choose not to accept, if such accommodation is unnecessary to perform the job; (4) require such employees to take paid or unpaid leave if another reasonable accommodation can be provided to their known limitations; or (5) take adverse action in terms, conditions, or privileges of employment against an employee requesting or using such reasonable accommodations. Sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, the Congressional Accountability Act of 1995, the Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices. Directs the Equal Employment Opportunity Commission to issue regulations to carry out this Act, including the identification of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions. Prohibits state immunity under the Eleventh Amendment to the Constitution from an action for a violation of this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electronic Funds Transfer Equal
Consumer Protection Act''.

SEC. 2. EQUAL CONSUMER PROTECTION.

    (a) Definition of Error.--Section 908(f) of the Electronic Fund
Transfer Act (15 U.S.C. 1693f(f)) is amended--
            (1) by redesignating paragraphs (5) and (6) as paragraphs
        (6) and (7); and
            (2) by inserting after paragraph (4) the following new
        paragraphs:
            ``(5) an electronic fund transfer affecting the customer's
        account in connection with a transaction for goods or services
        not accepted by the customer or a designee of the customer or
        not delivered to the customer or any such designee, or that is
        not in accordance with the agreement made at the time of a
        transaction;''.
    (b) Covered Transactions.--Section 903(6) of the Electronic Fund
Transfer Act (15 U.S.C. 1693a(6)) is amended by inserting after the 2nd
sentence the following new sentence: ``Such term also includes any
transaction initiated through an electronic terminal, telephonic
instrument, or computer, including transactions initiated through the
use of a check card or a card commonly referred to as a debit card,
without regard to the manner in which the third party conveys the
order, instruction, or authorization to the financial institution to
credit or debit the consumer's account at the financial institution.''.
    (c) Prompt Provisional Recredit Required.--Section 908(c) of the
Electronic Fund Transfer Act (15 U.S.C. 1693f(c)) is amended by
striking the first sentence and inserting the following new sentence:
``Prompt Provisional Recredit Required.--If a financial institution
receives notice of an error in the manner and within the time period
specified in subsection (a), the financial institution shall, within 1
business day after receiving such notice, provisionally recredit the
consumer's account for the amount alleged to be in error, subject to
section 909, including interest where applicable, pending the
conclusion of the investigation by the financial institution under
subsection (a) and the determination of whether an error has
occurred.''.
    (d) Prompt Error Resolution Required.--Section 908(a) of the
Electronic Fund Transfer Act (15 U.S.C. 1693f(a) is amended to read as
follows:
    ``(a) Investigation of Reported Error Required.--
            ``(1) In general.--If, before the end of the 60-day period
        beginning on the date a financial institution transmits
        consumer documentation pursuant to subsection (a), (c), or (d)
        of section 906 or a notice relating to a consumer account
        pursuant to section 906(b) to a consumer, the financial
        institution receives oral or written notice in which the
        consumer--
                    ``(A) provides sufficient information to allow the
                financial institution to identify the name and account
                number of the consumer;
                    ``(B) indicates the consumer's belief that the
                documentation transmitted, or the consumer's account to
                which the notice related, contains an error and the
                amount of such error; and
                    ``(C) indicates the reasons for the consumer's
                belief (where applicable) that an error has occurred,
        the financial institution shall investigate the alleged error,
        determine whether an error has occurred, and report or mail the
        results of such investigation and determination to the consumer
        within 1 business day.
            ``(2) Written confirmation of oral notice.--
                    ``(A) In general.--In any case in which a consumer
                provides oral notice of an error to a financial
                institution in accordance with paragraph (1), the
                financial institution may require written confirmation
                to be provided to the institution by the consumer if
                the financial institution--
                            ``(i) advises the consumer of such
                        requirement at the time the oral notice is made
                        and the manner in which the confirmation shall
                        be provided; and
                            ``(ii) provides the consumer with the
                        address to which such confirmation should be
                        sent.
                    ``(B) Timely receipt of consumer statement.--If a
                requirement by a financial institution for a written
                confirmation pursuant to subparagraph (A) of an oral
                notice by a consumer may be satisfied by a written
                statement prepared and submitted by the consumer, such
                confirmation shall be timely if the financial
                institution receives such confirmation before the end
                of the 15-day period beginning on the date the
                financial institution provided the notice to the
                consumer under subparagraph (A).
                    ``(C) Timely return of financial institution's
                confirmation form.--If a requirement by a financial
                institution for a written confirmation pursuant to
                subparagraph (A) of an oral notice by a consumer may be
                only be confirmed by the consumer's signature on a
                written confirmation form sent by the financial
                institution to the consumer for such purpose--
                            ``(i) such confirmation shall be timely if
                        the financial institution receives such
                        confirmation form from the consumer with the
                        consumer's signature before the end of the 30-
                        day period beginning on the date the financial
                        institution provided the notice to the consumer
                        under subparagraph (A); and
                            ``(ii) such confirmation shall be deemed to
                        have been timely received if the consumer fails
                        to receive the written confirmation form to
                        sign from the financial institution before the
                        end of the 20-day period beginning on such
                        date.
            ``(3) Failure to timely confirm.--If a financial
        institution which requires written confirmation of a consumer's
        oral notice of an error in accordance with paragraph (2)(A)
        does not receive such confirmation in accordance with
        subparagraph (B) or (C)(i) of paragraph (2) before the end of
        the applicable period described in the appropriate
        subparagraph, the financial institution--
                    ``(A) need not provisionally recredit the
                consumer's account in accordance with subsection (c) ;
                and
                    ``(B) shall not be liable under subsection (e).
            ``(4) Burden of proof.--In any investigation or resolution
        of an alleged error under this section, the burden of proof is
        on the financial institution to show that an error did not
        occur.''.
    (e) Technical and Conforming Amendments.--
            (1) Section 908(b) of the Electronic Fund Transfer Act (15
        U.S.C. 1693f(b)) is amended by inserting ``subsection (c) and''
        after ``, subject to''.
            (2) The first sentence of section 908(d) of the Electronic
        Fund Transfer Act (15 U.S.C. 1693f(d)) is amended by striking
        ``or (c)''.
            (3) Section 908(e)(1) of the Electronic Fund Transfer Act
        (15 U.S.C. 1693f(e)(1)) is amended by striking ``ten-day
        period'' and inserting ``1-day period''.

Output:
Electronic Funds Transfer Equal Consumer Protection Act - Amends the the Electronic Fund Transfer Act to treat as an error any electronic fund transfer affecting the customer's account regarding a transaction for goods or services not accepted by or not delivered to the customer, or not in accordance with the agreement made at the time of the transaction.

Redefines electronic fund transfer to cover any transaction initiated through an electronic terminal, telephonic instrument, or computer, including transactions initiated through the use of a check card or a debit card.

Revises requirements for a financial institution's discretionary provisional recredit of a consumer's account after receiving notice of an error. Makes such a provisional recredit mandatory, within one business day after receipt of such a notice.

Revises requirements for prompt resolution of errors to authorize a financial institution to require a consumer to submit written confirmation of an oral error notice before it recredits provisionally the consumer's account.