SECTION 1. SHORT TITLE. This Act may be cited as the ``Microenterprise and Youth Entrepreneurship Development Act of 2011''. SEC. 2. MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY BUILDING PROGRAM. (a) Definitions.--Section 172(5) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901(5)) is amended-- (1) in subparagraph (B) by striking ``or'' at the end; (2) in subparagraph (C) by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(D) an entrepreneur that operates a business or intends to operate a business in an investment area (as such term is defined in section 103(16) of this Act).''. (b) Uses of Assistance.--Section 174 of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6903) is amended-- (1) in paragraph (3) by striking ``and'' at the end; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) to advertise in print, electronic, and other media the training and technical assistance provided under paragraph (1); and''. (c) Targeted Assistance.--Section 176(b) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6905(b)) is amended by striking ``50 percent'' and inserting ``60 percent''. (d) Matching Requirements.--Section 177(c) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6906(c)) is amended by adding at the end the following: ``(3) Consideration.--In determining whether to reduce or eliminate matching requirements under paragraph (1), the Administrator shall consider the impact of the economic crisis of 2007 through 2009 on the geographic area in which an applicant operates.''. (e) Report.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing recommendations for improving the application and grant making process of the microenterprise technical assistance and capacity building grant program (carried out under subtitle C of title I of the Riegle Community Development and Regulatory Improvement Act of 1994), including recommendations, developed in consultation with stakeholders, for streamlining the application and grant making process of that program. (f) Microenterprise Coordinator.-- (1) Establishment.--Not later than 1 year after the date of enactment of this Act, the Administrator shall establish in the Small Business Administration the position of Microenterprise Coordinator. (2) Duties.--The Microenterprise Coordinator shall-- (A) work to ensure that the contributions of microenterprises to the economy are maximized; (B) work to enhance, support, and coordinate the programs of the Federal Government providing assistance to microenterprises, including Federal technical assistance programs; (C) work to ensure that underserved entrepreneurs are included in the programs of the Federal Government providing assistance to microenterprises; (D) make available to the public annually a comprehensive list and description of each Federal program that provides assistance to microenterprises; and (E) encourage public-private partnerships that support entrepreneurship. (3) Microenterprise defined.--In this subsection, the term ``microenterprise'' has the meaning given that term in section 172(10) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901(10)). SEC. 3. OFFICE OF YOUTH ENTREPRENEURSHIP. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Small Business Administration shall establish an Office of Youth Entrepreneurship (in this section referred to as the ``Office'') in the Small Business Administration. (b) Director.--The Administrator shall appoint a Director of Youth Entrepreneurship (in this section referred to as the ``Director'') to serve as the head of the Office. (c) Duties.--The Director shall-- (1) carry out the youth entrepreneurship technical assistance grant program described in subsection (d); (2) carry out the youth entrepreneurship curriculum grant program described in subsection (e); (3) promote the growth of youth entrepreneurship by establishing public-private partnerships and carrying out advertising campaigns; (4) sponsor and support State and national youth entrepreneurship competitions that raise awareness of the importance of small business development; (5) study and promote Federal activities that support entrepreneurship education; and (6) support the establishment of public and private youth entrepreneurship education and mentoring opportunities. (d) Youth Entrepreneurship Technical Assistance Grant Program.--The Director shall establish a program under which the Director may make grants to assist entities, including nonprofit microenterprise development organizations, to provide individuals under 25 years of age with technical assistance related to entrepreneurship. (e) Youth Entrepreneurship Curriculum Grant Program.-- (1) In general.--The Director shall establish a program under which the Director may make grants to a covered entity to assist the development, improvement, or implementation of a youth entrepreneurship curriculum that includes information on the topics of-- (A) securing capital and borrowing; (B) business plan conception and drafting; (C) accounting; (D) management; and (E) marketing. (2) Application process.--To be eligible for a grant described in paragraph (1), a covered entity shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require, except that the application shall include at least-- (A) a description of the curriculum to be developed, improved, or implemented; (B) a description of how grant funds will be used; (C) a description of goals relating to the use of grant funds and the curriculum to be developed, improved, or implemented; and (D) a description of how progress will be measured with respect to the goals described in subparagraph (C). (3) Covered entity defined.--In this subsection, the term ``covered entity'' means a local educational agency in any of the several States, the District of Columbia, or a territory or possession of the United States and a local educational agency of a federally recognized Indian tribe. (f) Investment Areas.-- (1) In general.--The Director shall ensure that at least 25 percent of the amounts made available to carry out the Office each fiscal year are used to assist youth in investment areas. (2) Investment area defined.--In this subsection, the term ``investment area'' has the meaning given that term in section 103(16) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702(16)). (g) Student Loan Assistance.--Not later than 180 days after the date of enactment of this Act, the Director, in consultation with the Secretary of Education, shall submit to Congress a report that includes detailed recommendations for legislation-- (1) establishing a program to forgive student loans in a manner that assists youth entrepreneurship by making available capital for business formation; and (2) establishing a program to defer student loan repayments in a manner that assists youth entrepreneurship by making available capital for business formation. SEC. 4. GAO STUDY AND REPORT. (a) Study.--The Comptroller General of the United States shall conduct a study on-- (1) the economic impact of allowing youth entrepreneurs to defer student loan repayments to make available capital for business formation; (2) the economic impact of increasing the participation of individuals under 25 years of age in the microloan program of the Small Business Administration (carried out under section 7(m) of the Small Business Act (15 U.S.C. 636(m)), notwithstanding the limited collateral and formal business experience of such individuals; (3) alternative methods for measuring creditworthiness that may assist youth entrepreneurship; and (4) actions Congress should consider to promote youth entrepreneurship. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report on the results of the study conducted under subsection (a).

Summary: Microenterprise and Youth Entrepreneurship Development Act of 2011 - Amends the Riegle Community Development and Regulatory Improvement Act of 1994 for purposes of the microenterprise technical assistance and capacity building grant program to include in the definition of "disadvantaged entrepreneur" a microentrepreneur operating or intending to operate a business in an investment area. Increases to 60% (currently, 50%) the minimum percentage of such grants required to be used to benefit very low-income persons, including those residing on Indian reservations. Requires the Administrator of the Small Business Administration (SBA) to consider the impact of the 2007-2009 economic crisis on an applicant's geographic area when deciding whether to reduce or eliminate matching requirements for applicants with severe constraints on available funding sources. Directs the Administrator to establish an SBA Microenterprise Coordinator position. Requires the Administrator to establish an Office of Youth Entrepreneurship and appoint a Director to carry out: (1) the youth entrepreneur technical assistance grant program to make grants to assist entities, including nonprofit microenterprise development organizations, to provide individuals under 25 years of age with technical assistance related to entrepreneurship; and (2) the youth entrepreneurship curriculum grant program to make grants to applying local educational agencies of states and federally recognized Indian tribes.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Defend America Against Weapons of Mass Destruction Act of 1996''. SEC. 2. FINDINGS AND DEFINITION. (a) Findings.--Congress makes the following findings: (1) Although the United States possesses the technological means to develop and deploy defensive systems that would be highly effective in countering limited ballistic missile threats to its territory, its ability to detect and intercept weapons of mass destruction delivered by unconventional means is limited. (2) It is axiomatic that the incentive for the unconventional delivery of weapons of mass destruction will increase in direct proportion to the perceived effectiveness of theater missile and other regular military defense systems. (3) The target of weapons of mass destruction may not be military in the usual sense of the term and, as such, the threat that is posed to the citizens of the United States by chemical and biological weapons delivered by nonconventional means is significant and growing. (4) Several countries that are hostile to the United States, including Iraq, Libya, and Iran, have demonstrated an interest in acquiring the technology necessary to manufacture weapons of mass destruction. (5) In addition, the acquisition or the development and use of weapons of mass destruction is well within the capability of many extremist and terrorist movements, acting independently or as proxies, and states can transfer weapons to or otherwise aid such movements indirectly and with plausible deniability. (6) Covert or unconventional means of delivery, which may be preferable to both States and non-State organizations, include cargo ships, passenger aircraft, commercial and private vehicles and vessels, or commercial cargo shipments routed through multiple destinations. (7) Traditional arms control efforts assume large state efforts with detectable manufacturing and weaponization programs in peacetime but are ineffective in monitoring and controlling the development of a capability to manufacture suddenly chemical, biological, or nuclear weapons with little or no warning and with nothing but commercial supplies and equipment. Such efforts are also incapable of predicting and tracking transfers of capabilities relating to weapons of mass destruction. (8) Because of the dire consequences to the citizens of the United States posed by weapons of mass destruction, and because traditional arms control efforts are inadequate, it is prudent to commence a coordinated effort among local, State, and Federal emergency response organizations to develop technologies and capabilities to detect and intercept weapons of mass destruction, to equip and protect those emergency response organizations who are first on the scene, and, where necessary, to decontaminate areas where such weapons are manufactured or detonated. (9) Congress has repeatedly expressed concern about the use of weapons of mass destruction, stating in November 1993 (in section 1704 of the National Defense Authorization Act For Fiscal Year 1994 (Public Law 103-160; 50 U.S.C. 1522 note)) that ``the President should strengthen Federal interagency emergency planning by the Federal Emergency Management Agency and other appropriate Federal, State, and local agencies for development of a capability for early detection and warning of and response to-- ``(1) potential terrorist use of chemical or biological agents or weapons; and ``(2) emergencies or natural disasters involving industrial chemicals or the widespread outbreak of disease.''. (b) Weapons of Mass Destruction Defined.--For purposes of this Act, the term ``weapons of mass destruction'' means chemical, biological, and nuclear weapons (whether militarized or improvised) that are designed to spread their contents through explosions or other dissemination means. SEC. 3. DEPARTMENT OF DEFENSE RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.--Chapter 139 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2375. Weapons of mass destruction: threat from attack by unconventional means ``(a) Establishment of Program.--The Secretary of Defense shall carry out a research and development program to enhance the capabilities of the United States relating to the threat to the United States of an attack inside the United States by unconventional means involving weapons of mass destruction. In carrying out such program, the Secretary shall take into consideration relevant assessments and recommendations of any interagency task force or committee. ``(b) Activities To Be Included in the Program.--The activities to be carried out by the Secretary under the program shall include the following: ``(1) Research, development, test, and evaluation of technologies relating to any of the following: ``(A) Detection of chemical, biological, and nuclear weapons. ``(B) Interception of such weapons. ``(C) Protection against such weapons. ``(D) Assistance to other Federal departments and agencies and State and local agencies in responding to an attack made using such weapons, including casualty treatment. ``(E) Decontamination of areas affected by an attack using such weapons. ``(2) Training of personnel for the activities specified in subparagraphs (A) through (E) of paragraph (1). ``(3) Identification of Federal equipment and technologies that can be transferred, and training that can be provided, from one Federal agency to another agency or to State and local agencies consistent with the purposes of the program under this section. ``(c) Consultation With State and Local Authorities.--In carrying out the program under this section, the Secretary shall consult regularly with, and shall seek the views of, representatives of-- ``(1) State and local government law enforcement authorities; and ``(2) State and local government emergency planning authorities.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2375. Weapons of mass destruction: threat from attack by unconventional means.''. SEC. 4. PRE-EVENT PLANNING ASSISTANCE UNDER STAFFORD ACT. Section 201(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131(b)) is amended by adding at the end the following new sentence: ``In the case of preparation by the States against major disasters involving weapons of mass destruction (as defined in section 2(b) of the Defend America Against Weapons of Mass Destruction Act of 1996), technical assistance under the preceding sentence in developing comprehensive plans and practicable programs for preparation against such disasters may be provided through any department or agency of the United States designated by the President for such purpose.''. SEC. 5. REPORT TO CONGRESS. Not later than one year after the date of the enactment of this Act, the President shall submit to Congress a report describing the actions taken, and planned to be taken, to carry out section 2375 of title 10, United States Code, as added by section 3, and the sentence in section 201(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act added by section 4. The report shall include a statement of the costs of such actions.

Summary: Defend America Against Weapons of Mass Destruction Act of 1996 - Amends Federal law to direct the Secretary of Defense to carry out a research and development program to enhance U.S. capabilities relating to the threat of an attack inside the United States by unconventional means involving weapons of mass destruction. Specifies that the activities to be carried out by the Secretary under the program shall include: (1) research, development, test, and evaluation of technologies relating to detection of chemical, biological, and nuclear weapons, interception of and protection against such weapons, assistance to other Federal departments and agencies and State and local agencies in responding to an attack, including casualty treatment, and decontamination of areas affected by an attack; (2) training of personnel for such activities; and (3) identification of Federal equipment and technologies that can be transferred, and training that can be provided, from one Federal agency to another or to State and local agencies consistent with the purposes of the program. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize Federal technical assistance to the States in developing comprehensive plans and practicable programs for preparation against major disasters involving weapons of mass destruction. Sets forth reporting requirements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancer Survivorship Research and Quality of Life Act of 2002''. SEC. 2. FINDINGS. The Congress finds as follows: (1) There are more than 9,000,000 individuals in the United States today who are cancer survivors (living with, through, and beyond cancer). (2) 60 percent of cancer survivors are 65 years of age and older. (3) 62 percent of adults diagnosed with cancer today will be alive 5 years from now. (4) In 1960, 4 percent of children with cancer survived more than 5 years. (5) 77 percent of children (age 0 through 14) diagnosed with cancer today will be living five years from now. (6) Three out of every four American families will have at least one family member diagnosed with cancer. (7) 24 percent of adults with cancer are parents who have a child 18 years or younger living in the home. (8) One of every four deaths in the United States is from cancer. In 2002, 555,500 Americans will die of cancer--more than 1,500 people a day. (9) The annual cost of cancer in the United States is $180,000,000,000 in direct and indirect costs. (10) In fiscal year 2001 the National Institutes of Health invested $38,000,000 in survivorship--less than $4.25 per survivor. SEC. 3. CANCER CONTROL PROGRAMS. Section 412 of the Public Health Service Act (42 U.S.C. 285a-1) is amended-- (1) in the first sentence, by inserting ``, for survivorship,'' after ``treatment of cancer''; (2) in paragraph (1)(B), by striking ``cancer patients'' and all that follows and inserting the following: ``cancer patients, families of cancer patients, and cancer survivors, and''; and (3) in paragraph (3), by inserting ``and concerning cancer survivorship programs,'' after ``control of cancer''. SEC. 4. EXPANSION AND COORDINATION OF ACTIVITIES OF NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO CANCER SURVIVORSHIP RESEARCH. (a) In General.--Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end following section: ``SEC. 417D. EXPANSION AND COORDINATION OF ACTIVITIES WITH RESPECT TO CANCER SURVIVORSHIP RESEARCH. ``(a) In General.-- ``(1) Expansion of activities.--The Director of NIH shall expand and coordinate the activities of the National Institutes of Health with respect to cancer survivorship research. ``(2) Administration of program; collaboration among agencies.--The Director of NIH shall carry out this section acting through the Director of the Institute and in collaboration with any other agencies that the Director determines appropriate. ``(b) Office on Survivorship.-- ``(1) In general.--The Director of NIH shall establish an Office on Survivorship within the Institute through which the activities under subsection (a)(1) shall be implemented and directed. ``(2) Associate director for survivorship; appointment; function.-- ``(A) There shall be in the Institute an Associate Director for Survivorship to coordinate and promote the programs in the Institute concerning cancer survivorship research. The Associate Director shall be appointed by the Director of the Institute from among individuals who, because of their professional training or experience, are equipped to address the breadth of needs associated with cancer survivorship. ``(B) Not later than February 1, 2003, the Associate Director for Survivorship shall prepare and submit to the Congress report providing a description of the survivorship activities of the Office and strategies for future activities.''. (b) Funding.--Section 417B(d)(2) of the Public Health Service Act (42 U.S.C. 285a-8(d)(2)) is amended-- (1) in subparagraph (B), by striking ``and'' after the semicolon; (2) in subparagraph (C), by striking ``each'' and all that follows and inserting ``each fiscal year through 2002; and''; and (3) by adding at the end the following: ``(D) 13 percent, in the case of fiscal year 2003 and each subsequent fiscal year, of which not less than 3 percent shall be for the Office on Survivorship under section 417D.''. SEC. 5. EXPANSION OF CDC COMPREHENSIVE CANCER PROGRAMS; PROGRAMS TO IMPROVE CANCER SURVIVORSHIP. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, shall study the unique health challenges associated with cancer survivorship and carry out projects and interventions to improve the long-term health status of cancer survivors. Such projects shall be carried out directly and through the awards of grants or contracts. (b) Certain Activities.--Activities under subsection (a) include-- (1) the expansion of current cancer surveillance systems to track the health status of cancer survivors and determine whether cancer survivors are at-risk for other chronic and disabling conditions; (2) assess the unique challenges associated with cancer survivorship; (3) the development of a national cancer survivorship action plan, in partnership with health organizations focused on cancer survivorship, to be carried out in coordination with the state-based comprehensive cancer control program of the Centers for Disease Control and Prevention to-- (A) develop unique and innovative post-treatment programs, services and demonstrations designed to support and advance cancer survivorship through-- (i) promotion of physical activity and healthy lifestyles; (ii) educational outreach programs for health care providers; (iii) support for innovative programs to improve the quality of life among cancer survivors; (iv) home and community-based interventions; (v) peer support and mentor programs; (vi) public awareness and outreach campaigns; and (vii) information dissemination to inform health care providers and cancer survivors of their health care options and available survivorship programs; and (B) develop unique cancer survivorship demonstration programs designed to address the needs of underserved populations, including minorities, children, and persons residing in rural areas. (c) Coordination of Activities.--The Secretary shall assure that activities under this section are coordinated as appropriate with other agencies of the Public Health Service. (d) Report to Congress.--Not later than October 1, 2003, the Secretary shall submit to the Congress a report describing the results of the evaluation under subsection (a), and as applicable, the strategies developed under such subsection. (e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $75,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2006. SEC. 6. MONITORING AND EVALUATING QUALITY CANCER CARE AND CANCER SURVIVORSHIP. (a) In General.--Part M of title III of the Public Health Service Act (42 U.S.C. 280e et seq.) is amended by inserting after section 399E the following section: ``SEC. 399E-1. MONITORING AND EVALUATING QUALITY CANCER CARE AND CANCER SURVIVORSHIP. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and in consultation with the National Cancer Institute, shall make grants to eligible entities for the purpose of enabling such entities to monitor and evaluate quality cancer care, develop information concerning quality cancer care, and monitor cancer survivorship. ``(b) Eligible Entities.--For purposes of this section, an entity is an eligible entity for a fiscal year if the entity-- ``(1) operates a statewide cancer registry with funds from a grant made under section 399B for such fiscal year; and ``(2) is certified by the North American Association of Central Cancer Registries or another similar certification organization. ``(c) Contracting Authority.--In carrying out the purpose described in subsection (a), an eligible entity may expend a grant under such subsection to enter into contracts with academic institutions, cancer centers, and other entities, when determined appropriate by the Secretary. ``(d) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(e) Authority of Secretary Regarding Use of Grant.--The Secretary shall determine the appropriate uses of grants under subsection (a) to achieve the purpose described in such subsection. ``(f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2003 through 2007.''. (b) Conforming Amendment Regarding Authorization of Appropriations.--Section 399F(a) of the Public Health Service Act (42 U.S.C. 280e-4(a)) is amended in the first sentence by striking ``this part,'' and inserting ``this part (other than section 399E-1),''.

Summary: Cancer Survivorship Research and Quality of Life Act of 2002 - Amends the Public Health Service Act to include demonstration, education, and other programs concerning cancer survivorship among the activities of the National Cancer Institute (Institute) within the National Institutes of Health (NIH).Requires the Director of NIH to: (1) expand and coordinate NIH activities related to cancer survivorship; and (2) establish an Office on Survivorship within the Institute. Creates the position of Associate Director for Survivorship.Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Protection, to: (1) study the health challenges associated with cancer survivorship and carry out projects and interventions; and (2) make grants for the monitoring and evaluation of cancer care and survivorship.


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.

Summary: 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.


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.

Summary: 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.


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.''.

Summary: 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.


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.

Summary: 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.


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.''.

Summary: 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.


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.

Summary: 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.


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).

Summary: 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.