SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Trafficking of Pills Act'' or the ``STOP Act''. SEC. 2. MEDICAID RESTRICTED RECIPIENT PROGRAM. (a) In General.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended-- (1) in section 1902(a)-- (A) by striking ``and'' at the end of paragraph (82); (B) by striking the period at the end of paragraph (83) and inserting ``; and''; and (C) by inserting after paragraph (83) the following new paragraph: ``(84) in accordance with section 1908B, provide for the development and implementation of a restricted recipient program for individuals identified as high-risk prescription drug users.''; and (2) by inserting after section 1908A the following new section: ``restricted recipient program for high-risk prescription drug users ``Sec. 1908B (a) Identification of High-Risk Prescription Drug Users.-- ``(1) In general.--Subject to paragraph (2), the State shall establish and implement a program, subject to approval by the Secretary, to-- ``(A) identify any prescription drug that-- ``(i) may be dispensed on the prescription of a physician to an individual eligible to receive medical assistance under the State Medicaid program; and ``(ii) presents a high risk of misuse or overutilization, as determined by the State; ``(B) establish a dosage level for each prescription drug identified under subparagraph (A) that would be deemed excessive in the absence of evidence of medical necessity; ``(C) using a percentile-based method or other such form of statistical analysis, identify individuals (referred to in this section as `individuals identified as high-risk prescription drug users') who are eligible for medical assistance under the State Medicaid program and-- ``(i) are receiving a prescription drug that has been identified under subparagraph (A) at a dosage level that has been determined to be excessive pursuant to subparagraph (B); or ``(ii) are determined by the State, pursuant to the procedure established under paragraph (3), to have been convicted of a drug-related offense; and ``(D) ensure that individuals identified as high- risk prescription drug users pursuant to subparagraph (C) are assigned to the restricted recipient program described in subsection (b). ``(2) Case review.--For purposes of paragraph (1), the State shall establish and implement procedures to ensure that an individual who has been identified as a high-risk prescription drug user and is subject to the requirements under the restricted recipient program-- ``(A) is provided with reasonable notice regarding their assignment to the program and a description of the requirements under such program; ``(B) is permitted to file an appeal with the State agency and receive a hearing thereon to review whether the individual has been properly identified as a high- risk prescription drug user; ``(C) for purposes of subsection (b)(1), is permitted to file a claim with the State agency in order to seek reassignment to a different physician or pharmacist; and ``(D) has reasonable access to any prescription drug that is medically necessary and required to be dispensed on an emergency basis. ``(3) Drug-related offenses.--For purposes of paragraph (1)(C)(ii), the State shall establish and implement procedures to determine whether an individual, at the time of enrollment or re-enrollment in the State Medicaid program, has been convicted (under Federal or State law) of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the unlawful possession, manufacture, distribution, or dispensing of a prescription drug (including opioids and similar pain-management prescription drugs). ``(b) Restricted Recipient Program.-- ``(1) Medicaid lock-in program.-- ``(A) In general.--Subject to subparagraph (B), the State shall establish and implement a program (referred to in this section as the `Medicaid Lock-in Program') to ensure that any individual identified as a high-risk prescription drug user is-- ``(i) assigned to a single and exclusive physician (as defined in section 1861(r)) for purposes of receiving any medical assistance that is related to a prescription drug; and ``(ii) assigned to a single and exclusive pharmacy for purposes of receiving any prescription drug that has been prescribed by a physician described in clause (i). ``(2) Medicaid prescription drug restriction program.-- ``(A) In general.--Subject to subparagraph (B), the State, in conjunction with the Secretary, shall establish and implement a program to ensure that the claims processing system for the State does not permit a prescription drug to be dispensed by a provider to an individual identified as a high-risk prescription drug user if the same prescription drug has been dispensed to such individual within the previous 20 days. ``(B) Exceptions.-- ``(i) Increased dosage.--For purposes of subparagraph (A), the restrictions described in such subparagraph shall not apply to an individual identified as a high-risk prescription drug user-- ``(I) if the current prescription is for an increased dosage of the prescription drug and has been issued by the same physician that issued the previous prescription; or ``(II) in such other circumstances as determined by the Secretary. ``(ii) Procedural development.--The State, in conjunction with the Secretary, shall develop adequate procedures to ensure that prescriptions described in clause (i) are not affected by the restrictions described in subparagraph (A) and are permitted to be dispensed by a provider to an individual identified as a high-risk prescription drug user. ``(c) Existing State Programs.-- ``(1) In general.--Subject to paragraphs (2) and (3), as well as any procedures as are determined appropriate by the Secretary, a restricted recipient program that has been established by a State prior to the date of enactment of the Stop Trafficking of Pills Act may be reviewed and certified by the Secretary as being in accordance with the requirements under this section for purposes of section 1902(a)(84). ``(2) Program improvement.--For purposes of paragraph (1), if the Secretary does not certify an existing State restricted recipient program as being in accordance with the requirements under this section, the Secretary shall identify any necessary enhancements or additional developments that are required in order for such program to be deemed in accordance with such requirements. ``(3) Drug-related offenses.--For purposes of paragraph (1), an existing State restricted recipient program shall be required to include procedures described in subsection (a)(3) for the identification and inclusion of individuals convicted of a drug-related offense. ``(d) Administrative Expenses.--Subject to such requirements as are determined appropriate by the Secretary, for purposes of section 1903(a)(7), any amounts expended by the State to develop and implement a restricted recipient program for individuals identified as high-risk prescription drug users under this section, including any necessary enhancements or additional developments identified under subsection (c)(2), shall be considered amounts expended as necessary for the proper and efficient administration of the State Medicaid plan. ``(e) Definitions.--For purposes of this section: ``(1) State medicaid program.--The term `State Medicaid program' means the State program for medical assistance provided under a State plan under this title, including any waiver approved with respect to such State plan. ``(2) Prescription drug.--The term `prescription drug' means a drug subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).''. (b) Withholding of Payment.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)), as amended by section 2001(a)(2)(B) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended-- (1) in paragraph (25), by striking ``or'' at the end; (2) in paragraph (26), by striking the period and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(27) with respect to amounts expended for medical assistance for any prescription drug dispensed to an individual identified as a high-risk prescription drug user (as described in section 1908B(a)(1)(C)), unless the requirements under section 1908B are met.''. SEC. 3. MEDICARE RESTRICTED RECIPIENT PROGRAM. Part D of title XVIII of the Social Security Act (U.S.C. 1395w-101 et seq.) is amended by adding at the end the following new section: ``restricted recipient program for high-risk prescription drug users ``Sec. 1860D-44 (a) Identification of High-Risk Prescription Drug Users.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall establish and implement a program to-- ``(A) identify any prescription drug that-- ``(i) may be dispensed on the prescription of a physician to an individual enrolled in a prescription drug plan under this part; and ``(ii) presents a high risk of misuse or overutilization, as determined by the Secretary; ``(B) establish a dosage level for each prescription drug identified under subparagraph (A) that would be deemed excessive in the absence of evidence of medical necessity; ``(C) using a percentile-based method or other such form of statistical analysis, identify individuals (referred to in this section as `individuals identified as high-risk prescription drug users') who are enrolled in a prescription drug plan under this part; and ``(i) are receiving a prescription drug that has been identified under subparagraph (A) at a dosage level that has been determined to be excessive pursuant to subparagraph (B); or ``(ii) are determined by the Secretary, pursuant to the procedure established under paragraph (3), to have been convicted of a drug-related offense; and ``(D) ensure that individuals identified as high- risk prescription drug users pursuant to subparagraph (C) are assigned to the restricted recipient program described in subsection (b). ``(2) Case review.--For purposes of paragraph (1), the Secretary shall establish and implement procedures to ensure that an individual who has been identified as a high-risk prescription drug user and is subject to the requirements under the restricted recipient program-- ``(A) is provided with reasonable notice regarding their assignment to the program and a description of the requirements under such program; ``(B) is permitted to file an appeal and receive a hearing thereon to review whether the individual has been properly identified as a high-risk prescription drug user; and ``(C) has reasonable access to any prescription drug that is medically necessary and required to be dispensed on an emergency basis. ``(3) Drug-related offense.--For purposes of paragraph (1)(C)(ii), the Secretary shall establish and implement procedures to determine whether an individual, at the time of enrollment or re-enrollment in a prescription drug plan under this part, has been convicted (under Federal or State law) of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the unlawful possession, manufacture, distribution, or dispensing of a prescription drug (including opioids and similar prescription pain-management drugs). ``(b) Prescription Drug Restriction Program.--The Secretary shall establish policies and procedures to ensure that the provisions described in section 1908B(b)(3) are applied to any individual identified, pursuant to subsection (a)(1), as a high-risk prescription drug user in a similar manner as such provisions are applied to such individuals for purposes of title XIX.''. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this section shall take effect 120 days after the date of enactment of this Act. (b) Extension of Effective Date for State Law Amendment.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of the amendments made by this section solely on the basis of its failure to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature.

Summary: Stop Trafficking of Pills Act or STOP Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require state Medicaid plans to: (1) identify prescription drugs that present a high-risk of misuse or overutilization, (2) establish a dosage level for each such drug that would be deemed excessive in the absence of evidence of medical necessity, (3) identify Medicaid-eligible individuals who are either receiving a prescription drug at excessive dosage levels or who have been convicted of a drug-related offense, and (4) ensure that they are assigned to a state-established restricted recipient program. Requires a state to establish a Medicaid Lock-in Program to ensure that a high-risk prescription drug user is assigned to: (1) a single and exclusive physician for purposes of receiving any medical assistance related to a prescription drug, and (2) a single and exclusive pharmacy to receive any physician-prescribed drug. Requires a state to establish a Medicaid prescription drug restriction program to ensure that the state claims processing system does not permit a prescription drug to be dispensed to a high-risk prescription drug user more than once every 20 days. Amends part D (Miscellaneous) of SSA title XXVIII (Medicare) to direct the Secretary of Health and Human Services (HHS) to establish a similar restricted recipient program for high-risk prescription drug users under the Medicare program.


SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. (a) Short Title.--This Act may be cited as the ``Federally Impacted School Improvement Act''. (b) Findings.--Congress makes the following findings: (1) In 1950 Congress recognized its obligation, through the passage of Public Law 81-815, to provide school construction funding for local educational agencies impacted by the presence of Federal activities. (2) The conditions of federally impacted school facilities providing educational programs to children in areas where the Federal Government is present have deteriorated to such an extent that the health and safety of the children served by such agencies is being compromised, and the school conditions have not kept pace with the increase in student population causing classrooms to become severely overcrowded and children to be educated in trailers. (3) Local educational agencies in areas where there exists a significant Federal presence have little if any capacity to raise local funds for purposes of capital construction, renovation and repair due to the nontaxable status of Federal land. (4) The need for renewed support by the Federal Government to help federally connected local educational agencies modernize their school facilities is far greater in 2000 than at any time since 1950. (5) Federally connected local educational agencies and the communities the agencies serve are willing to commit local resources when available to modernize and replace existing facilities, but do not always have the resources available to meet their total facility needs due to the nontaxable presence of the Federal Government. (6) Due to the conditions described in paragraphs (1) through (5) there is in 1999, as there was in 1950, a need for Congress to renew its obligation to assist federally connected local educational agencies with their facility needs. (c) Purpose.--The purpose of this Act is to provide matching grants to local educational agencies for the modernization of minimum school facilities that are urgently needed because-- (1) the existing school facilities of the agency are in such disrepair that the health and safety of the students served by the agency is threatened; and (2) increased enrollment results in a need for additional classroom space. SEC. 2. DEFINITIONS. In this Act: (1) Modernization.--The term ``modernization'' means the repair, renovation, alteration, or construction of a facility, including-- (A) the concurrent installation of equipment; and (B) the complete or partial replacement of an existing facility, but only if such replacement is less expensive and more cost-effective than repair, renovation, or alteration of the facility. (2) Facility.--The term ``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. (3) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965. (4) Secretary.--The term ``Secretary'' means-- (A) with respect to funds made available under paragraph (1) or (3) of section 4(a) for grants under section 6 or 8, respectively, the Secretary of Education; and (B) with respect to funds made available under paragraph (2) of section (4)(a) for grants under section 6, the Secretary of Defense. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Department of Education to carry out this Act $50,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years. (b) Prohibition.--None of the funds authorized to be appropriated under subsection (a) shall be available to a local educational agency to pay the cost of administration of the activities assisted under this Act. SEC. 4. FEDERAL DISTRIBUTION OF FUNDING. (a) In General.--From amounts appropriated under section 3(a) for a fiscal year the Secretary of Education-- (1) shall use 45 percent to award grants under section 6 to local educational agencies-- (A) that are eligible for assistance under section 8002(a) of the Elementary and Secondary Education Act of 1965; and (B) for which the number of children determined under section 8003(a)(1)(C) of the Elementary and Secondary Education Act of 1965 constitutes at least 25 percent of the number of children who were in average daily attendance in the schools of such local educational agency during the school year preceding the school year for which the determination is made; (2) shall make available to the Secretary of Defense 45 percent to enable the Secretary of Defense to award grants under section 6 to local educational agencies for which the number of children determined under subparagraphs (A), (B), and (D) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 constitutes at least 25 percent of the number of children who were in average daily attendance in the schools of such local educational agency during the school year preceding the school year for which the determination is made; and (3) shall use 10 percent to award grants under section 8. (b) Department of Defense Funding.-- (1) In general.--Not later than 30 days after the date the Secretary of Education receives funds appropriated under section 3(a) for a fiscal year, the Secretary of Education shall make available to the Secretary of Defense from such funds the portion of such funds described in subsection (a)(2) for the fiscal year. The Secretary of Defense shall use the portion to award grants under section 6 through the Office of Economic Adjustment of the Department of Defense. (2) Limitations.-- (A) Administrative expenses.--No funds made available under subsection (a)(2) shall be used by the Secretary of Defense to pay the costs of administration of the activities assisted under this Act. (B) Special rate.--No funds made available under subsection (a)(2) shall be used to replace Federal funds provided to enhance the quality of life of dependents of members of the Armed Forces as determined by the Secretary of Defense. SEC. 5. ELIGIBILITY REQUIREMENTS. (a) In General.--A local educational agency shall be eligible to receive funds under this Act if-- (1) the local educational agency is described in paragraph (1) or (2) of section 4(a); and (2) the local educational agency-- (A) received a payment under section 8002 of the Elementary and Secondary Education Act of 1965 during the fiscal year preceding the fiscal year for which the determination is made, and the assessed value of taxable property per student in the school district of the local educational agency is less than the average of the assessed value of taxable property per student in the State in which the local educational agency is located; or (B) received a basic payment under section 8003(b) of the Elementary and Secondary Education Act of 1965 during the fiscal year preceding the fiscal year for which the determination is made, and for which the number of children determined under subparagraphs (A), (B), (C), and (D) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 constituted at least 25 percent of the number of children who were in average daily attendance in the schools of such local educational agency during the school year preceding the school year for which the determination is made. (b) Special Rule.--Any local educational agency described in subsection (a)(2)(B) may apply for funds under this section for the modernization of a facility located on Federal property (as defined in section 8013 of the Elementary and Secondary Education Act of 1965) only if the Secretary determines that the number of children determined under section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 who were in average daily attendance in such facility constituted at least 50 percent of the number of children who were in average daily attendance in the facilities of the local educational agency during the school year preceding the school year for which the determination is made. SEC. 6. BASIC GRANTS. (a) Award Basis.--From the amounts made available under paragraphs (1) and (2) of section 4(a) the Secretary shall award grants to local educational agencies on such basis as the Secretary determines appropriate, including-- (1) in the case of a local educational agency described in section 5(a)(2)(A), a high percentage of the property in the school district of the local educational agency is nontaxable due to the presence of the Federal Government; (2) in the case of a local educational agency described in section 5(a)(2)(B), a high number or percentage of children determined under subparagraphs (A), (B), (C), and (D) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965; (3) the extent to which the local educational agency lacks the fiscal capacity, including the ability to raise funds through the full use of the local educational agency's bonding capacity and otherwise, to undertake the modernization project without Federal assistance; (4) the need for modernization to meet-- (A) the threat the condition of the facility poses to the safety and well-being of students; (B) the requirements of the Americans with Disabilities Act of 1990; (C) the costs associated with asbestos removal, energy conservation, and technology upgrading; and (D) overcrowding conditions as evidenced by the use of trailers and portable buildings and the potential for future overcrowding because of increased enrollment; (5) the facility needs of the local educational agency resulting from the acquisition or construction of military family housing under subchapter IV of chapter 169 of title 10, United States Code, and other actions of the Federal Government that cause an adverse impact on the facility needs of the local educational agency; and (6) the age of the facility to be modernized regardless of whether the facility was originally constructed with funds authorized under Public Law 81-815. (b) Grant Amount.--In determining the amount of a grant the Secretary shall-- (1) consider the relative costs of the modernization; (2) determine the cost of a project based on the local prevailing cost of the project; (3) require that the Federal share of the cost of the project shall not exceed 50 percent of the total cost of the project; (4) not provide a grant in an amount greater than $3,000,000 over any 5-year period; and (5) take into consideration the amount of cash available to the local educational agency. (c) Administration of Grants.--In awarding grants under this section the Secretary shall-- (1) establish by regulation the date by which all applications are to be received; (2) consider in-kind contributions when calculating the 50 percent matching funds requirement described in subsection (b)(3); and (3) subject all applications to a review process. (d) Section 8007 Funding.--In awarding grants under this section, the Secretary shall not take into consideration any funds received under section 8007 of the Elementary and Secondary Education Act of 1965. SEC. 7. APPLICATIONS REQUIRED. (a) In General.--Each local educational agency desiring a grant under this Act shall submit an application to the Secretary. (b) Contents.--Each application shall contain-- (1) a listing of the school facilities to be modernized, including the number and percentage of children determined under section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 in average daily attendance in each facility; (2) a description of the ownership of the property on which the current facility is located or on which the planned facility will be located; (3) a description of each architectural, civil, structural, mechanical, or electrical deficiency to be corrected with funds provided under this Act, including the priority for the repair of the deficiency; (4) a description of any facility deficiency that poses a health or safety hazard to the occupants of the facility and a description of how that deficiency will be repaired; (5) a description of the criteria used by the local educational agency to determine the type of corrective action necessary to meet the purposes of this Act; (6) a description of the modernization to be supported with funds provided under this Act; (7) a cost estimate of the proposed modernization; (8) an identification of other resources (such as unused bonding capacity), if applicable, that are available to carry out the modernization, and an assurance that such resources will be used for the modernization; (9) a description of how activities assisted with funds provided under this Act will promote energy conservation; and (10) such other information and assurances as the Secretary may reasonably require. (c) Continuing Consideration.--A local educational agency that applies for assistance under this Act (other than section 8) for any fiscal year and does not receive the assistance shall have the application for the assistance considered for the following 5 fiscal years. SEC. 8. EMERGENCY GRANTS. (a) Waiver of Matching Requirement.--From the amount made available under section 4(a)(3) the Secretary shall award grants to any local educational agency for which the number of children determined under section 8003(a)(1)(C) constituted at least 50 percent of the number of children who were in average daily attendance in the schools of such agency during the school year preceding the school year for which the determination is made, if the Secretary determines a facility emergency exists that poses a health or safety hazard to the students and school personnel assigned to the facility. (b) Certification of Emergency.--In addition to meeting the requirements of section 7, a local educational agency desiring funds under this section shall include in the application submitted under section 7 a signed statement from a State official certifying that a health or safety deficiency exists. (c) Grant Amount; Prioritization Rules; Continuing Consideration.-- (1) Grant amount.--In determining the amount of grant awards under this section, the Secretary shall make every effort to fully meet the facility needs of the local educational agencies applying for funds under this section. (2) Prioritization rule.--If the Secretary receives more than 1 application under this section for any fiscal year, the Secretary shall prioritize the applications based on when an application was received and the severity of the emergency as determined by the Secretary. (3) Continuing consideration.--A local educational agency that applies for assistance under this section for any fiscal year and does not receive the assistance shall have the application for the assistance considered for the following fiscal year, subject to the prioritization requirement described in paragraph (2). SEC. 9. REQUIREMENTS. (a) Maintenance of Effort.--A local educational agency may receive a grant under this Act for any fiscal year only if the Secretary finds that either the combined fiscal effort per student or the aggregate expenditures of that agency and the State with respect to the provision of free public education by such local educational agency for the preceding fiscal year was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the fiscal year for which the determination is made. (b) Supplement Not Supplant.--An eligible local educational agency shall use funds received under this subsection only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the modernization of school facilities used for educational purposes, and not to supplant such funds. SEC. 10. GENERAL LIMITATIONS. (a) Real Property.--No part of any grant funds awarded under this Act shall be used for the acquisition of any interest in real property. (b) Maintenance.--Nothing in this Act shall be construed to authorize the payment of maintenance costs in connection with any facilities modernized in whole or in part with Federal funds provided under this Act. (c) Environmental Safeguards.--All projects carried out with Federal funds provided under this Act shall comply with all relevant Federal, State, and local environmental laws and regulations. (d) Athletic and Similar Facilities.--No funds received under this Act shall be used for outdoor stadiums or other facilities that are primarily used for athletic contests or exhibitions, or other events, for which admission is charged to the general public.

Summary: Federally Impacted School Improvement Act - Provides matching grants to local educational agencies (LEAs) for construction, renovation, and repair of school facilities in areas affected by Federal activities. Authorizes appropriations. Directs the Secretary of Education to distribute such funds as follows: (1) 45 percent for basic matching grants to LEAs eligible for impact aid assistance as serving children from Indian lands, if the number of such children is at least 25 percent of the total number in attendance; (2) 45 percent to the Secretary of Defense for basic matching grants to LEAs serving children from military bases, if the number of such children is at least 25 percent of the total number in attendance; and (3) ten percent for emergency non-matching grants in cases of health or safety hazards at facilities of LEAs which have a number of impact aid eligible children equal to at least 50 percent of their total attendance. Sets forth requirements for: (1) LEA eligibility; (2) basic grant awards and amount limits; (3) applications; and (4) emergency grant certifications, amounts, and priorities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Pension Forfeiture Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) Members of Congress pledge to uphold the Constitution and the laws of the United States; (2) Members of Congress are elected to serve in the public trust and pledge to uphold the public trust; (3) a breach of the public trust by a Member of Congress is a serious offense that should have serious consequences; and (4) taxpayers should not pay for the retirement benefits of Members of Congress who have breached the public trust. SEC. 3. FORFEITURE. (a) Civil Service Retirement System.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this subchapter, the service of an individual convicted of an offense described in paragraph (2) shall not, if or to the extent rendered as a Member (irrespective of when rendered), be taken into account for purposes of this subchapter. Any such individual (or other person determined under section 8342(c), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2)(A) An offense described in this paragraph is any offense described in subparagraph (B) for which the following apply: ``(i) The offense is committed by the individual (referred to in paragraph (1)) while a Member. ``(ii) The conduct on which the offense is based is directly related to the individual's service as a Member. ``(iii) The offense is committed during the One Hundred Sixth Congress or later. ``(B) The offenses described in this subparagraph are as follows: ``(i) An offense within the purview of-- ``(I) section 201 of title 18 (bribery of public officials and witnesses); ``(II) section 203 of title 18 (compensation to Members of Congress, officers, and others in matters affecting the Government); ``(III) section 204 of title 18 (practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress); ``(IV) section 219 of title 18 (officers and employees acting as agents of foreign principals); ``(V) section 286 of title 18 (conspiracy to defraud the Government with respect to claims); ``(VI) section 287 of title 18 (false, fictitious, or fraudulent claims); ``(VII) section 371 of title 18 (conspiracy to commit offense or to defraud the United States); ``(VIII) section 597 of title 18 (expenditures to influence voting); ``(IX) section 599 of title 18 (promise of appointment by candidate); ``(X) section 602 of title 18 (solicitation of political contributions); ``(XI) section 606 of title 18 (intimidation to secure political contributions); ``(XII) section 607 of title 18 (place of solicitation); ``(XIII) section 641 of title 18 (public money, property or records); ``(XIV) section 1001 of title 18 (statements or entries generally); ``(XV) section 1341 of title 18 (frauds and swindles); ``(XVI) section 1343 of title 18 (fraud by wire, radio, or television); ``(XVII) section 1503 of title 18 (influencing or injuring officer or juror); ``(XVIII) section 1951 of title 18 (interference with commerce by threats or violence); ``(XIX) section 1952 of title 18 (interstate and foreign travel or transportation in aid of racketeering enterprises); ``(XX) section 1962 of title 18 (prohibited activities); or ``(XXI) section 7201 of the Internal Revenue Code of 1986 (attempt to evade or defeat tax). ``(ii) Perjury committed under the statutes of the United States in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by clause (i). ``(iii) Subornation of perjury committed in connection with the false denial of another individual as specified by clause (ii). ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the conviction, be eligible to participate in the retirement system under this subchapter while serving as a Member. ``(4) Except as provided in paragraph (5), the Office shall prescribe such regulations as may be necessary to carry out this subsection, including provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b). ``(5) The Executive Director (within the meaning of section 8401(13)) shall prescribe such regulations as may be necessary to carry out the purposes of this subsection with respect to the Thrift Savings Plan. Regulations under this paragraph shall include provisions requiring the return of all vested amounts. ``(6) Nothing in this subsection shall restrict any authority under subchapter II or any other provision of law to deny or withhold benefits authorized by statute. ``(7) For purposes of this subsection, the term `Member' has the meaning given such term by section 2106, notwithstanding section 8331(2).''. (b) Federal Employees' Retirement System.--Section 8411 of title 5, United States Code, is amended by adding at the end the following: ``(i)(1) Notwithstanding any other provision of this chapter, the service of an individual convicted of an offense described in paragraph (2) shall not, if or to the extent rendered as a Member (irrespective of when rendered), be taken into account for purposes of this chapter. Any such individual (or other person determined under section 8424(d), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2) An offense described in this paragraph is any offense described in section 8332(o)(2)(B) for which the following apply: ``(A) The offense is committed by the individual (referred to in paragraph (1)) while a Member. ``(B) The conduct on which the offense is based is directly related to the individual's service as a Member. ``(C) The offense is committed during the One Hundred Sixth Congress or later. ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the conviction, be eligible to participate in the retirement system under this chapter while serving as a Member. ``(4) Except as provided in paragraph (5), the Office shall prescribe such regulations as may be necessary to carry out this subsection, including provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b). ``(5) The Executive Director shall prescribe such regulations as may be necessary to carry out the purposes of this subsection with respect to the Thrift Savings Plan. Regulations under this paragraph shall include provisions requiring the return of all vested amounts. ``(6) Nothing in this subsection shall restrict any authority under subchapter II of chapter 83 or any other provision of law to deny or withhold benefits authorized by statute. ``(7) For purposes of this subsection, the term `Member' has the meaning given such term by section 2106, notwithstanding section 8401(20).''.

Summary: Congressional Pension Forfeiture Act of 1997 - Amends Federal law to provide that any service as a Member of Congress of an individual convicted of one of specified offenses committed while a Member and directly related to the individual's service during the 106th Congress or later shall not be taken into account as creditable service for purposes of annuity or retirement provisions. Includes among such offenses: (1) bribery of public officials; (2) conspiracy to defraud the Government with respect to claims; (3) making or receiving expenditures to influence voting; (4) acting as an agent of a foreign principal; (5) frauds and swindles; and (6) tax evasion. Entitles such individual (or his or her beneficiary or estate, if applicable) to be paid so much of such individual's lump-sum credit as is attributable to such service. Prohibits: (1) the individual, while serving as a Member after the date of the conviction, from being eligible to participate in the Civil Service Retirement System or the Federal Employees Retirement System; and (2) interest from being computed on such lump-sum payment for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Influenza Vaccine Emergency Act''. SEC. 2. EMERGENCY DISTRIBUTIONS OF INFLUENZA VACCINE. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 319K the following section: ``SEC. 319L. EMERGENCY AUTHORITIES REGARDING SUPPLY OF INFLUENZA VACCINE. ``(a) Contingency Clauses in Sales Contracts.--In entering into a contract for the sale of influenza vaccine in interstate commerce, a manufacturer or distributor of such vaccine shall include in the contract a provision in writing expressing the policy that the sale to the purchaser under the contract is subject to the following conditions: ``(1) If the Secretary publishes in the Federal Register a declaration that there is a public health emergency by reason of a shortage of influenza vaccine, the Secretary has the authority, in lieu of such purchaser, to take title to such quantities of the vaccine as the Secretary determines to be necessary for purposes of the public health, subject to subsection (c)(2). ``(2) If by reason of the Secretary using the authority under paragraph (1) the purchaser does not receive, or loses possession of, a quantity of influenza vaccine for which the purchaser has made payment, the manufacturer or distributor (as the case may be) will provide to the purchaser a refund for such quantity. ``(b) Compensation.--In the case of a contract for the sale of influenza vaccine with respect to which the Secretary uses the authority referred to in subsection (a)(1), the Secretary shall pay to the manufacturer or distributor involved the same amount as, under the contract, the manufacturer or distributor received or would have received for the quantity of vaccine involved. ``(c) Agency Procedures.--With respect to the influenza season involved: ``(1) If the Secretary makes an emergency declaration under subsection (a)(1), the Secretary shall determine the extent of compliance with guidelines for the distribution of influenza vaccine that have been established by the Secretary. ``(2) The Secretary may not use the authority referred to in subsection (a)(1) with respect to any contract unless the Secretary has published in the Federal Register, not earlier than 30 days after making the emergency declaration under such subsection, a determination that the extent of compliance with such guidelines has not been sufficient to constitute an adequate response to the emergency. ``(d) Distribution of Vaccine.--If the Secretary meets the condition described in subsection (c)(2) for the use of the authority referred to in subsection (a)(1): ``(1) The Secretary may, in lieu of such authority, order any manufacturer or distributor of influenza vaccine to honor its contracts with States or political subdivisions of States for the sale of such vaccine, in any case in which the manufacturer or distributor has conflicting obligations under its contracts for sale of the vaccine. ``(2) Any influenza vaccine to which the Secretary takes title under subsection (a)(1) shall be provided-- ``(A) to States and political subdivisions of States in accordance with the immunization program under section 317(j); and ``(B) to such other public or private entities as the Secretary determines to be appropriate as a response to the emergency involved. ``(e) Rules of Construction.-- ``(1) Emergency declaration.--The Secretary shall be considered to have made an emergency declaration under subsection (a)(1) if the Secretary publishes in the Federal Register a declaration described in such subsection. ``(2) Emergency shortage.-- ``(A) Overall quantity vs. delivery waiting time.-- Without regard to whether the Secretary considers as adequate the total quantity of influenza vaccine that has been or is being manufactured for the influenza season involved, the Secretary may make an emergency declaration under subsection (a)(1) if the Secretary determines that the delivery waiting time for States or political subdivisions of States to receive the vaccine for the season is a period whose duration constitutes a significant threat to children, adolescents, or adults who are served by the immunization program under section 317(j). ``(B) Delivery waiting time.--A delivery waiting time under subparagraph (A) for a State or political subdivision of a State to receive influenza vaccine is the time elapsing between the date on which the State or subdivision enters into a contract to purchase such vaccine and the date on which the State or subdivision (or other entity designated under the contract) takes custody of the vaccine, less any period in which payment is due under the contract and the State or subdivision has not made payment, or in which the State or subdivision otherwise is in significant violation of the contract. ``(f) Definitions.--For purposes of this subsection, the terms `influenza season' and `influenza vaccine' have the meanings given such terms by the Secretary.''.

Summary: Influenza Vaccine Emergency Act - Amends the Public Health Service Act to require influenza vaccine manufacturers to include a provision in any contract for the sale of the vaccine in interstate commerce expressing the policy that the Secretary of Health and Human Services has the authority to take title to necessary quantities of the vaccine if the Secretary declares a public health emergency by reason of an influenza vaccine shortage, and that the manufacturer will reimburse the purchaser for any vaccine not received. Requires the Secretary to pay the manufacturer or distributor the price the manufacturer or distributor would have received for any vaccine taken. Requires the Secretary to determine the extent of compliance with vaccine distribution guidelines and, before using the authority to take the vaccine, to publish notice that such compliance has not been an adequate response to the emergency. Allows the Secretary, in lieu of taking title to a vaccine, to order any vaccine manufacturer or distributor to honor its contracts with states or political subdivisions. Requires the Secretary to provide any influenza vaccine to states, political subdivisions, and such other public or private entities as appropriate as a response to the emergency. Allows the Secretary to make an emergency declaration if the delivery waiting time for states or political subdivisions to receive the vaccine constitutes a significant threat to children, adolescents, or adults.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Upper Mississippi River Basin Protection Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Reliance on scientific knowledge. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK Sec. 101. Establishment of monitoring network. Sec. 102. Data collection and storage responsibilities. Sec. 103. Relationship to existing sediment and nutrient monitoring and assessment. Sec. 104. Collaboration with other public and private monitoring efforts. Sec. 105. Reporting requirements. Sec. 106. National research council assessment. TITLE II--COMPUTER MODELING AND RESEARCH Sec. 201. Computer modeling and research of sediment and nutrient sources. Sec. 202. Communication plan to distribute information. Sec. 203. Reporting requirements. TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS Sec. 301. Authorization of appropriations. Sec. 302. Cost-sharing requirements. SEC. 2. DEFINITIONS. In this Act: (1) The terms ``Upper Mississippi River Basin'' and ``Basin'' mean the watershed portion of the Upper Mississippi River and Illinois River basins, from Cairo, Illinois, to the headwaters of the Mississippi River, in the States of Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The designation includes the Kaskaskia watershed along the Illinois River and the Meramec watershed along the Missouri River. (2) The terms ``Upper Mississippi River Stewardship Initiative'' and ``Initiative'' mean the activities authorized or required by this Act to monitor nutrients and sediment in the Upper Mississippi River Basin. SEC. 3. RELIANCE ON SCIENTIFIC KNOWLEDGE. Federal investments in the Upper Mississippi River Basin shall be guided by accepted and documented scientific methods, including the use of documented protocols for data collection and data analysis, and peer review of data, results, and findings, and shall take into account the results of studies using accepted and documented scientific methods to identify and quantify the sources, transport, and fate of nutrients and sediment and to quantify the effect of various treatment methods or conservation measures on nutrient and sediment management. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK SEC. 101. ESTABLISHMENT OF MONITORING NETWORK. (a) Establishment.--As part of the Upper Mississippi River Stewardship Initiative, the Secretary of the Interior shall establish a sediment and nutrient monitoring network for the Upper Mississippi River Basin for the purposes of-- (1) identifying and quantifying significant sources of sediment and nutrients in the Upper Mississippi River Basin; (2) quantifying the processes affecting mobilization, transport, and fate of those sediments and nutrients on land and in water; (3) quantifying the transport of those sediments and nutrients to and through the Upper Mississippi River Basin; (4) quantifying changes to sediment and nutrient concentrations and loads over time; and (5) coordinating with other Federal, State, tribal, and local agencies on the acquisition of data to be used in computer modeling of the Basin, pursuant to section 201. (b) Role of United States Geological Survey.--The Secretary of the Interior shall carry out this title acting through the office of the Director of the United States Geological Survey. SEC. 102. DATA COLLECTION AND STORAGE RESPONSIBILITIES. (a) Guidelines for Data Collection and Storage.--The Secretary of the Interior shall establish guidelines for the effective design of data collection activities regarding sediment and nutrient monitoring, for the use of suitable and consistent methods for data collection, and for consistent reporting, data storage, and archiving practices. (b) Release of Data.--Data resulting from sediment and nutrient monitoring and the compilation of ancillary information in the Upper Mississippi River Basin shall be released to the public using generic station identifiers and hydrologic unit codes. In the case of a monitoring station located on private lands, information regarding the location of the station shall not be disseminated without the landowner's permission. SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT MONITORING AND ASSESSMENT. (a) Inventory.--To the maximum extent practicable, the Secretary of the Interior shall inventory the sediment and nutrient monitoring efforts in existence as of the date of the enactment of this Act of Federal, State, tribal, local, and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps and redundancies. (b) Integration.--On the basis of the inventory, the Secretary of the Interior shall integrate the existing sediment and nutrient monitoring efforts, to the maximum extent practicable, into the sediment and nutrient monitoring network required by section 101. (c) Consultation and Use of Existing Data.--In carrying out this section, the Secretary of the Interior shall make maximum use of data in existence as of the date of the enactment of this Act and of ongoing programs and efforts of Federal, State, tribal, local, and nongovernmental entities in developing the sediment and nutrient monitoring network required by section 101. (d) Coordination With Long-Term Estuary Assessment Project.--The Secretary of the Interior shall carry out this section in coordination with the long-term estuary assessment project authorized by section 902 of the Estuaries and Clean Waters Act of 2000 (Public Law 106-457; 33 U.S.C. 2901 note). SEC. 104. COLLABORATION WITH OTHER PUBLIC AND PRIVATE MONITORING EFFORTS. To establish the sediment and nutrient monitoring network, the Secretary of the Interior shall collaborate, to the maximum extent practicable, with other Federal, State, tribal, local and private sediment and nutrient monitoring and assessment programs that meet guidelines prescribed under section 102(a), as determined by the Secretary. SEC. 105. REPORTING REQUIREMENTS. The Secretary of the Interior shall report to Congress not later than 180 days after the date of the enactment of this Act on the development of the sediment and nutrient monitoring network. SEC. 106. NATIONAL RESEARCH COUNCIL ASSESSMENT. The National Research Council of the National Academy of Sciences shall conduct a comprehensive water resources assessment of the Upper Mississippi River Basin within 3 years after the date of the enactment of this Act. TITLE II--COMPUTER MODELING AND RESEARCH SEC. 201. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND NUTRIENT SOURCES. (a) Modeling Program Required.--As part of the Upper Mississippi River Stewardship Initiative, the Director of the United States Geological Survey shall develop and implement a plan to improve existing water-quality models to identify and quantify significant sources of sediment and nutrients in the Upper Mississippi River Basin at the subwatershed (12-digit Hydrologic Unit Code) scale. (b) Role.--Computer modeling shall be used to identify subwatersheds which are significant sources of sediment and nutrients and shall be made available for the purposes of targeting public and private sediment and nutrient management efforts. (c) Components.--Sediment and nutrient models for the Upper Mississippi River Basin shall-- (1) relate nutrient sources to landscape, land use, and land management practices; (2) relate sediment sources to landscape, land use, and land management practices; and (3) quantify river channel nutrient and sediment transport and transformation processes. (d) Collection of Ancillary Information.--Ancillary information shall be collected, by remote sensing or other appropriate means, in a GIS format to support modeling and management use of modeling results, including the following: (1) Land use data. (2) Soils data. (3) Elevation data. (4) Hydrologic modifications. (5) Information on sediment and nutrient management actions including conservation tillage practices and other Best Management Practices. (6) Estimates of loads of nutrients from point sources and key nonpoint sources, including commercial fertilizer, applications of manure, geologic sources, and atmospheric deposition. SEC. 202. COMMUNICATION PLAN TO DISTRIBUTE INFORMATION. Not later than 180 days after the date of the enactment of this Act, the Director of the United States Geological Survey shall establish a communication plan that includes use of the Internet to provide information including the following: (1) Accomplishments of public and private programs designed to manage sediment and nutrients in the Upper Mississippi River Basin. (2) Seasonal and annual concentrations and loads of sediment and nutrients in the Upper Mississippi River and its tributaries. SEC. 203. REPORTING REQUIREMENTS. (a) Monitoring Activities.--Commencing one year after the date of the enactment of this Act, the Director of the United States Geological Survey shall provide to Congress and make available to the public an annual report that includes data and information on concentrations and loads of nutrients and sediment derived from monitoring activities conducted in the Upper Mississippi River Basin. (b) Modeling Activities.--Every five years, the Director of the United States Geological Survey shall provide to Congress and make available to the public a progress report assessing changes in nutrient and sediment concentrations and loads in relation to such factors as climate variability and changes in land and water management practices. TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (a) United States Geological Survey Activities.--There is authorized to be appropriated to the United States Geological Survey $6,250,000 each fiscal year to carry out this Act (other than section 106). (b) Water Resource and Water Quality Management Assessment.--There is authorized to be appropriated $650,000 to allow the National Research Council to perform the assessment required by section 106. SEC. 302. COST-SHARING REQUIREMENTS. Funds made available for the United States Geological Survey Cooperative Water Program under section 301(a) shall be subject to the same cost-sharing requirements as specified in the last proviso under the heading ``United States Geological Survey--surveys, investigations, and research'' of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat. 510; 43 U.S.C. 50).

Summary: Upper Mississippi River Basin Protection Act - Requires federal investments in the Upper Mississippi River Basin to be guided by accepted and documented scientific methods and to take into account the results of studies using such methods to identify and quantify the sources, transport, and fate of nutrients and sediment and to quantify the effect of treatment methods or conservation measures on nutrient and sediment management. Directs the Secretary of the Interior, as part of an Upper Mississippi River Stewardship Initiative and acting through the U.S. Geological Survey (USGS), to establish a nutrient and sediment monitoring network for the Basin. Directs the Secretary to: (1) establish guidelines for related data collection and storage activities; (2) inventory the sediment and monitoring efforts of governmental, tribal, and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps, and redundancies; (3) integrate such monitoring efforts into the sediment and nutrient monitoring network; and (4) collaborate with other public, tribal, and private monitoring and assessment programs in establishing the monitoring network. Directs the National Research Council of the National Academy of Sciences to conduct a water resources assessment of the Basin. Requires the Director of the USGS: (1) as part of the Initiative, to develop and implement a plan to improve existing water-quality models to identify and quantify significant sources of sediment and nutrients in the Basin at the subwatershed scale; (2) to establish a communication plan that includes use of the Internet to provide information on accomplishments of public and private programs designed to manage sediment and nutrients in the Basin and on seasonal and annual concentrations and loads of sediment and nutrients in the Upper Mississippi River and its tributaries; and (3) provide an annual report that includes information on concentrations and loads of nutrients and sediment derived from monitoring activities conducted in the Basin.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Changing Room Privacy Act''. SEC. 2. PROHIBITION AGAINST VIDEO OR AUDIO MONITORING OF EMPLOYEES IN CERTAIN EMPLOYMENT LOCATIONS. (a) In General.--An employer may not engage in video monitoring or audio monitoring of an employee of the employer when the employee is in a restroom facility, dressing room, or any other area in which it is reasonable to expect employees of the employer to change clothing. (b) Use of Monitoring Results.--An employer may not use the results of video or audio monitoring conducted in violation of this Act for any purpose, including any employee discipline. An employer shall immediately destroy all copies of any recording determined to have been made in violation of this Act. (c) Non-Retaliation.--An employer may not discharge, discipline, or discriminate in any manner against an employee because the employee has-- (1) filed any complaint or instituted or caused to be instituted any proceeding under this Act; or (2) testified or is about to testify in any proceeding under this Act. (d) Limitation.--Nothing in this Act shall prohibit any video monitoring or audio monitoring conducted by a law enforcement agency as part of a criminal investigation and pursuant to a validly issued warrant. SEC. 3. ENFORCEMENT ACTION BY SECRETARY OF LABOR. (a) In General.--Any employer who violates section 2 shall be liable to the United States for a civil money penalty in an amount not to exceed $18,000 for each violation. (b) Written Notice and Opportunity for Hearing.--The Secretary of Labor shall assess a civil money penalty under subsection (a) by an order made on the record after opportunity for a hearing provided in accordance with section 554 of title 5, United States Code. In connection with the hearing, the Secretary may issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence that relates to the subject matter of the hearing. (c) Determination of Amount of Civil Money Penalty.--In determining the amount of a civil money penalty under subsection (a), the Secretary shall take into account-- (1) the nature, circumstances, extent, and gravity of the violation or violations; and (2) with respect to the violator, the ability to pay, effect on ability to continue to do business, any history of prior violations, the degree of culpability, and such other matters as justice may require. (d) Modification of Civil Money Penalty.--The Secretary may compromise, modify, or remit, with or without conditions, any civil money penalty assessed under subsection (a). The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the employer. (e) Judicial Review.--An employer who requested, in accordance with section 554 of title 5, United States Code, a hearing respecting the assessment of a civil money penalty under this subsection, and who is aggrieved by the order assessing the penalty may file a petition for judicial review of the order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the employer resides or transacts business. Such a petition may only be filed within the 120-day period beginning on the date the order was issued. (f) Failure To Pay.--The Secretary of Labor may recover, in an action brought in any appropriate district court of the United States, the amount of a civil money penalty assessed under this subsection against an employer who fails to pay the penalty-- (1) after the order making the assessment becomes final, and if such employer does not file a petition for judicial review of the order in accordance with subsection (e); or (2) after a court in an action brought under subsection (e) has entered a final judgment in favor of the Secretary. (g) No Review of Penalty.--In an action brought under subsection (f), the validity, amount, and appropriateness of the civil money penalty shall not be subject to review. (h) Injunctive Relief.--The Secretary may commence, in any court of competent jurisdiction, a civil action for the purpose of obtaining temporary or permanent injunctive relief with respect to preventing a violation of section 2. SEC. 4. CIVIL CAUSE OF ACTION BY AGGRIEVED EMPLOYEE. (a) In General.--An employee who is aggrieved as a result of a violation of section 2 by the employer of such employee may commence, in any court of competent jurisdiction, a civil action against the employer to obtain appropriate relief, including-- (1) an injunction to enjoin the employer from further engaging in the violation or from committing any further violation, as appropriate; (2) damages not to exceed $25,000; or (3) both such remedies. In any action or proceeding under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee (including expert fees) as part of the costs. (b) Commencement of Proceedings.--An employee referred to in subsection (a) may not commence proceedings under such subsection against an employer of the employee after the expiration of the 7-year period beginning on the later of the following: (1) The date on which the employer allegedly engaged in a violation of section 2. (2) The date on which the employee should have been aware of an alleged violation of section 2 by the employer. SEC. 5. EFFECT ON STATE LAWS AND COLLECTIVE BARGAINING AGREEMENTS. (a) State Laws.--This Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of the laws of any State or political subdivision of any State, except to the extent such laws are inconsistent with this Act, and then only to the extent of the inconsistency. A law is not inconsistent with this Act if the law affords greater protection to an employee than the protection provided under this Act. (b) Collective Bargaining Agreements.--This Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of any collective bargaining agreements, except to the extent that such agreements are inconsistent with this Act, and then only to the extent of the inconsistency. An agreement is not inconsistent with this Act if the agreement affords greater protection to an employee than the protection provided under this Act. SEC. 6. DEFINITIONS. In this Act: (1) Audio monitoring.--The term ``audio monitoring'' means the listening to, collecting, or recording of sounds of an employee by means of audio equipment or other method. (2) Employee.--The term ``employee'' means any person who is employed by an employer or who was employed by an employer at the time of a violation that was allegedly committed by that employer. Such term includes leased or temporary employees and an employee who is under contract to perform work for an employer. (3) Employer.--The term ``employer'' means any person or entity engaged in commerce or in an industry or activity affecting interstate commerce. (4) Video monitoring.--The term ``video monitoring'' means the videotaping, photographing, filming, or recording by any electronic means of an employee, or installing a device that videotapes, photographs, films, or otherwise records visual images. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) State.--The term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. SEC. 7. EFFECTIVE DATE. This Act takes effect 60 days after the date of the enactment of this Act.

Summary: Employee Changing Room Privacy Act - Prohibits employers from engaging in video or audio monitoring of employees in restroom facilities, dressing rooms, or other areas in which it is reasonable to expect employees to change clothing. Prohibits employers from using monitoring results for any purpose and requires employers to immediately destroy any violating recording. Prohibits retaliation. Allows video monitoring or audio monitoring by a law enforcement agency as part of a criminal investigation and with a warrant. Provides for enforcement by the Secretary of Labor. Allows private suits by aggrieved employees. Asserts that this Act does not alter state law or collective bargaining agreements except where inconsistent with this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Super-Efficient Appliance Incentives and Market Transformation Act of 2007''. SEC. 2. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT FOR APPLIANCES PRODUCED AFTER 2007. (a) In General.--Subsection (b) of section 45M of the Internal Revenue Code of 1986 (relating to applicable amount) is amended to read as follows: ``(b) Applicable Amount.--For purposes of subsection (a)-- ``(1) Dishwashers.--The applicable amount is-- ``(A) $45 in the case of a dishwasher which is manufactured in calendar year 2008 or 2009 and which uses no more than 324 kilowatt hours per year and 5.8 gallons per cycle, and ``(B) $75 in the case of a dishwasher which is manufactured in calendar year 2008, 2009, or 2010 and which uses no more than 307 kilowatt hours per year and 5.0 gallons per cycle (5.5 gallons per cycle for dishwashers designed for greater than 12 place settings). ``(2) Clothes washers.--The applicable amount is-- ``(A) $75 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 which meets or exceeds a 1.72 modified energy factor and does not exceed a 8.0 water consumption factor, ``(B) $125 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 or 2009 which meets or exceeds a 1.8 modified energy factor and does not exceed a 7.5 water consumption factor, ``(C) $150 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009 or 2010 which meets or exceeds 2.0 modified energy factor and does not exceed a 6.0 water consumption factor, and ``(D) $250 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009, or 2010 which meets or exceeds 2.2 modified energy factor and does not exceed a 4.5 water consumption factor. ``(3) Refrigerators.--The applicable amount is-- ``(A) $50 in the case of a refrigerator which is manufactured in calendar year 2008, and consumes at least 20 percent but not more than 22.9 percent less kilowatt hours per year than the 2001 energy conservation standards, ``(B) $75 in the case of a refrigerator which is manufactured in calendar year 2008 or 2009, and consumes at least 23 percent but no more than 24.9 percent less kilowatt hours per year than the 2001 energy conservation standards, ``(C) $100 in the case of a refrigerator which is manufactured in calendar year 2008, 2009 or 2010, and consumes at least 25 percent but not more than 29.9 percent less kilowatt hours per year than the 2001 energy conservation standards, and ``(D) $200 in the case of a refrigerator manufactured in calendar year 2008, 2009 or 2010 and which consumes at least 30 percent less energy than the 2001 energy conservation standards. ``(4) Dehumidifiers.--The applicable amount is-- ``(A) $15 in the case of a dehumidifier manufactured in calendar year 2008 that has a capacity less than or equal to 45 pints per day and is 7.5 percent more efficient than the applicable Department of Energy energy conservation standard effective October 2012, and ``(B) $25 in the case of a dehumidifier manufactured in calendar year 2008 that has a capacity greater than 45 pints per day and is 7.5 percent more efficient than the applicable Department of Energy energy conservation standard effective October 2012.''. (b) Eligible Production.-- (1) Similar treatment for all appliances.--Subsection (c) of section 45M of such Code (relating to eligible production) is amended-- (A) by striking paragraph (2), (B) by striking ``(1) In general'' and all that follows through ``the eligible'' and inserting ``The eligible'', and (C) by moving the text of such subsection in line with the subsection heading and redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. (2) Modification of base period.--Paragraph (2) of section 45M(c) of such Code, as amended by paragraph (1) of this section, is amended by striking ``3-calendar year'' and inserting ``2-calendar year''. (c) Types of Energy Efficient Appliances.--Subsection (d) of section 45M of such Code (defining types of energy efficient appliances) is amended to read as follows: ``(d) Types of Energy Efficient Appliance.--For purposes of this section, the types of energy efficient appliances are-- ``(1) dishwashers described in subsection (b)(1), ``(2) clothes washers described in subsection (b)(2), ``(3) refrigerators described in subsection (b)(3), and ``(4) dehumidifiers described in subsection (b)(4).''. (d) Aggregate Credit Amount Allowed.-- (1) Increase in limit.--Paragraph (1) of section 45M(e) of such Code (relating to aggregate credit amount allowed) is amended to read as follows: ``(1) Aggregate credit amount allowed.--The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $100,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years beginning after December 31, 2007.''. (2) Exception for certain refrigerator and clothes washers.--Paragraph (2) of section 45M(e) of such Code is amended to read as follows: ``(2) Amount allowed for certain refrigerators and clothes washers.--Refrigerators described in subsection (b)(3)(D) and clothes washers described in subsection (b)(2)(D) shall not be taken into account under paragraph (1).''. (e) Qualified Energy Efficient Appliances.-- (1) In general.--Paragraph (1) of section 45M(f) of such Code (defining qualified energy efficient appliance) is amended to read as follows: ``(1) Qualified energy efficient appliance.--The term `qualified energy efficient appliance' means-- ``(A) any dishwasher described in subsection (b)(1), ``(B) any clothes washer described in subsection (b)(2), ``(C) any refrigerator described in subsection (b)(3), and ``(D) any dehumidifier described in subsection (b)(4).''. (2) Clothes washer.--Section 45M(f)(3) of such Code (defining clothes washer) is amended by inserting ``commercial'' before ``residential'' the second place it appears. (3) Top-loading clothes washer.--Subsection (f) of section 45M of such Code (relating to definitions) is amended by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Top-loading clothes washer.--The term ``top-loading clothes washer'' means a clothes washer which has the clothes container compartment access located on the top of the machine and which operates on a vertical axis.''. (4) Dehumidifier.--Subsection (f) of section 45M of such Code, as amended by paragraph (3), is amended by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8) and (9), respectively, and by inserting after paragraph (5) the following new paragraph: ``(6) Dehumidifier.--The term `dehumidifier' means a self- contained, electrically operated, and mechanically refrigerated encased assembly consisting of-- ``(A) a refrigerated surface that condenses moisture from the atmosphere, ``(B) a refrigerating system, including an electric motor, ``(C) an air-circulating fan, and ``(D) means for collecting or disposing of condensate.''. (5) Replacement of energy factor.--Section 45M(f)(7) of such Code, as amended by paragraph (4), is amended to read as follows: ``(7) Modified energy factor.--The term `modified energy factor' means the modified energy factor established by the Department of Energy for compliance with the Federal energy conservation standard.''. (6) Gallons per cycle; water consumption factor.--Section 45M(f) of such Code (relating to definitions) is amended by adding at the end the following: ``(10) Gallons per cycle.--The term `gallons per cycle' means, with respect to a dishwasher, the amount of water, expressed in gallons, required to complete a normal cycle of a dishwasher. ``(11) Water consumption factor.--The term `water consumption factor' means, with respect to a clothes washer, the quotient of the total weighted per-cycle water consumption divided by the cubic foot (or liter) capacity of the clothes washer.''. (f) Effective Date.--The amendments made by this section shall apply to appliances produced after December 31, 2007.

Summary: Super-Efficient Appliance Incentives and Market Transformation Act of 2007 - Amends the Internal Revenue Code to modify the applicable amount of the tax credit for energy efficient appliances (i.e., dishwashers, clothes washers, refrigerators, and dehumidifiers which restrict water and energy consumption) produced after 2007.


SECTION 1. RESOURCE STAFF FOR STUDENTS. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et. seq) is amended by adding at the end the following: ``PART L--RESOURCE STAFF FOR STUDENTS ``SEC. 10993. FINDINGS. ``Congress finds the following: ``(1) Although 7,500,000 children under the age of 18 require mental health services, fewer than 1 in 5 of these children receive the services. ``(2) Across the United States, counseling professionals have an extremely busy caseload and often students do no get the help they need. The current national average ratio of students to counselors in elementary and secondary schools is 513:1. ``(3) Schools in the United States need more mental health professionals, and the funds needed to hire staff to specifically serve students. ``(4) The maximum recommended ratio of students-to- counselors is 250:1. ``(5) Existing counselors are severely taxed to perform duties that are largely administrative in nature, such as scheduling. They are burdened with many demands regarding placement in colleges, texting, career guidance, and the like. ``(6) Student populations are expected to grow significantly over the next few years. School-based services for students will be in great demand. With expected large scale retirements, more than 100,000 new dedicated resource staff for students will be needed to increase student-to-staff service availability. ``(7) The Federal support for reducing the student-to-staff ratio would pay for itself, through reduced violence and substance abuse, and through improvements in students' academic achievement. ``SEC. 10994. PURPOSE. ``The purpose of this part is to assist States and local educational agencies recruit, train, and hire 100,000 school-based resource staff to specifically work with students-- ``(1) to reduce the student-to-counseling ratios nationally, in grades 6-12, to an average of 1 such staff for every 250 students as recommended in a report by the Institute of Medicine of the National Academy of Sciences relating to schools and health, issued in 1997; ``(2) to help address the mental, emotional, and developmental needs of public school students; and ``(3) to support other school staff and teachers in reaching students early before problems arise, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. ``SEC. 10995. STUDENT RESOURCE STAFF PROGRAM. ``(a) In General.--The Secretary shall award grants under this section to establish or expand the number of resource staff available for students' needs. ``(1) Distribution.--In awarding grants under this section, the Secretary shall allocate funds proportionately based on the population that is less than 18 years of age in the States. ``(2) Duration.--A grant under this section shall be awarded for a period not to exceed three years. ``(b) Applications.-- ``(1) In general.--Each local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(2) Contents.--Each application for a grant under this section shall-- ``(A) describe the secondary public school population to be targeted by the program, the particular personal, social, emotional, education, and career development needs of such population, and the current school counseling resources available for meeting such needs; ``(B) describe the activities, services, and training to be provided by the program and the specific approaches to be used to meet the needs described in subparagraph (A); ``(C) describe the methods to be used to evaluate the outcomes and effectiveness of the program; ``(D) document that the applicant has the personnel qualified to develop, implement, and administer the program; ``(E) assure that the funds made available under this part for any fiscal year will be used to supplement and, to the extent practicable, increase the level of funds that would otherwise be available from non-Federal sources for the program described in the application, and in no case supplant such funds from non-Federal sources. ``(c) Use of Funds.--Grants funds under this section shall be used to initiate or expand student resource staff programs that comply with the purpose under section 10994. ``(d) Definitions.--For purposes of this part the term `resource staff' means an individual who has documented competence and training in mental health to be able to provide services to children and adolescents in a school setting and who-- ``(1) possesses State licensure or certification in mental health granted by an independent professional regulatory authority; ``(2) in the absence of such State licensure or certification, possesses national certification in mental health or in a related specialty granted by an independent professional organization; or ``(3) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent; or ``(4) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in the school setting, and possesses State licensure or certification in school psychology in the State in which the individual works; or ``(5) holds a master's degree in social work and is licensed or certified by the State in which services are to be provided or holds a school social work specialist credential. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part $3,500,000,000 for fiscal year 2000; $3,150,000,000 for fiscal year 2001; $2,800,000,000 for fiscal year 2002; $2,800,000,000 for fiscal year 2003; and $2,800,000,000 for fiscal year 2004 for the hiring of student resource staff.''.

Summary: Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to assist States and local educational agencies (LEAs) to recruit, train, and hire 100,000 school-based resource staff to work with students to: (1) reduce the student-to-counselor ratios nationally, in grades six through 12, to an average of one such staff for every 250 students, as recommended in a 1997 report by the Institute of Medicine of the National Academy of Sciences relating to schools and health; (2) help address the mental, emotional, and developmental needs of public school students; and (3) support other school staff and teachers in reaching students early before problems arise, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. Directs the Secretary of Education to make such grants, for up to three years for each grant, to establish or expand the number of resource staff available for students' needs . Requires such grant funds to be allocated on the basis of relative State population under 18 years of age. Sets forth requirements for LEA grant applications and uses of funds. Provides that resource staff means an individual who has documented competence and training in mental health to be able to provide services to children and adolescents in a school setting and who has specified types of licensure, certification, or educational qualifications. Authorizes appropriations for FY 2000 through 2004 for such program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Dairy Farmer Viability Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the farm-retail price spread (the difference between farm and retail values) for dairy products has doubled since the early 1980's; (2) the price of raw milk sent to the market by dairy producers has fallen to levels received in 1978; and (3) the number of family-sized dairy operations has decreased by almost 75 percent in the last 2 decades, with some States losing nearly 10 percent of their dairy farmers in recent months. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Dairy Farmer Viability Commission'' (referred to in this Act as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 15 members appointed by the Secretary. (2) Prohibition on federal government employment.--A member of the Commission appointed under paragraph (1) shall not be an employee or former employee of the Federal Government. (3) Date of appointments.--The appointment of a member of the Commission shall be made as soon as practicable after the date of enactment of this Act. (c) Term; Vacancies.-- (1) Term.--A member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy on the Commission-- (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment was made. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. SEC. 4. DUTIES. (a) Study.--The Commission shall conduct a study on matters relating to improving the viability of dairy farming. (b) Recommendations.--The Commission shall develop recommendations to improve the viability of dairy farming after considering, with respect to dairy industry-- (1) farm prices; (2) competition; (3) leverage; (4) stability; and (5) concentration in the marketplace. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the President and Congress a report that contains-- (1) a detailed statement of the findings and conclusions of the Commission; and (2) the recommendations of the Commission for such legislation and administrative actions as the Commission considers appropriate. SEC. 5. POWERS. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this Act. (2) Provision of information.--On request of the Chairperson of the Commission, the head of the agency shall provide the information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--A member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (b) Travel Expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Detail of Federal Government Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Commission without reimbursement. (2) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. SEC. 7. FUNDING. The Secretary of Agriculture shall provide to the Commission for each fiscal year such sums as are necessary to carry out this Act, to be derived by transfer of a proportionate amount of funds for administrative expenses from each other account for which funds are made available to the Department of Agriculture for administrative expenses for the fiscal year. SEC. 8. TERMINATION OF COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits the report of the Commission under section 4(c).

Summary: Dairy Farmer Viability Act - Establishes the Dairy Farmer Viability Commission which shall study and report on matters affecting the viability of dairy farming.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Water System Adaptation Partnerships Act of 2009''. SEC. 2. WATER SYSTEM ADAPTATION PARTNERSHIPS. (a) Grants.--Beginning in fiscal year 2010, the Administrator of the Environmental Protection Agency shall make grants to water systems to assist in planning, designing, constructing, implementing, or maintaining any program, strategy, or infrastructure improvement-- (1) to conserve water or increase water use efficiency; (2) to carry out water metering to measure water efficiency effectiveness of a water efficiency program; (3) to preserve or improve water quality; (4) to enhance water management by increasing source water preservation and protection, or natural or engineered green infrastructure in the management, conveyance, or treatment of water, wastewater, or stormwater; (5) to increase energy efficiency or the use and generation of renewable energy in the management, conveyance, or treatment of water, wastewater, or stormwater; (6) to support the adoption and use of advanced water treatment, water supply management, or water demand management technologies or processes (such as those used in water reuse and recycling or adaptive conservation pricing) that maintain or increase water supply or improve water quality; (7) to complete studies or assessments to project how climate change may impact the future operations and sustainability of the water system; or (8) to carry out any other activity or project to address any ongoing or forecasted, based on the best available research and data, climate-related impact on the water quality or quantity of a region of the United States that increases the resiliency of a water system to the impacts of climate change. (b) Application.--To be eligible to receive a grant from the Administrator under subsection (a), the owner or operator of a water system shall-- (1) submit to the Administrator an application that includes a proposal of the program, strategy, or infrastructure improvement to be planned, designed, constructed, implemented, or maintained by the water system; (2) cite the best available research or data that describes-- (A) the risk to the system's water resources or infrastructure as a result of ongoing or forecasted changes to the hydrological system brought about by factors arising from global climate change; and (B) how the proposed program, strategy, or infrastructure improvement would perform under the anticipated climate conditions; (3) explain how the proposed program, strategy, or infrastructure improvement is expected to increase the water system's resiliency to these risks or reduce the water system's direct or indirect greenhouse gas emissions; and (4) demonstrate the consistency of the program, strategy, or infrastructure improvement with an applicable climate adaptation plan completed and adopted by a State. (c) Competitive Process.--Each calendar year, the Administrator shall conduct a competitive process to select and fund applications under this section. In carrying out the process, the Administrator shall-- (1) give priority to applications that-- (A) are submitted by water systems that are, based on the best available research and data, at the greatest and most immediate risk of facing significant climate-related negative impacts on water quality or quantity; (B) will impact the largest numbers of water users; and (C) will provide the greatest benefit per dollar expended; (2) solicit applications from water systems that are-- (A) located in all regions of the United States; and (B) facing varying risks as a result of climate change; and (3) provide for solicitation and consideration of public input in the development of criteria used in evaluating applications. (d) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of any program, strategy, or infrastructure improvement that is the subject of a grant awarded by the Administrator to a water system under subsection (a) shall not exceed, in a single calendar year, 50 percent of the cost of the program, strategy, or infrastructure improvement. (2) Calculation of non-federal share.--In calculating the non-Federal share of the cost of a program, strategy, or infrastructure improvement proposed by a water system through an application submitted by the water system under subsection (b), the Administrator shall-- (A) include the value of any in-kind services that substantially contributes toward the completion of the program, strategy, or infrastructure improvement, as determined by the Administrator; and (B) not include any other amount that the water system receives from a Federal agency. (e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate final regulations to carry out this section. (f) Report to Congress.--Not later than 3 years after the date of the enactment of this Act, and every 3 years thereafter, the Administrator of the Environmental Protection Agency shall submit to the Congress a report on progress in implementing this section, including information on project applications received and funded annually. (g) Definitions.--In this section: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``water system'' means a community water system as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f), a treatment works as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292), a municipal separate storm sewer system (as defined by the Administrator), or a combined sewer system as defined in 402(q) of the Federal Water Pollution Control Act (33 U.S.C. 1342(q)). (h) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary.

Summary: Water System Adaptation Partnerships Act of 2009 - Directs the Administrator of the Environmental Protection Agency (EPA) to make grants to water systems to assist in planning, designing, constructing, implementing, or maintaining any program, strategy, or infrastructure improvement to: (1) conserve water or increase water use efficiency; (2) carry out water metering to measure water efficiency effectiveness of a water efficiency program; (3) preserve or improve water quality; (4) enhance water management by increasing source water preservation and protection, or natural or engineered green infrastructure, in the management, conveyance, or treatment of water, wastewater, or stormwater; (5) increase energy efficiency or the use and generation of renewable energy in the management, conveyance, or treatment of water, wastewater, or stormwater; (6) support the adoption and use of advanced water treatment, water supply management, or water demand management technologies or processes that maintain or increase water supply or improve water quality; (7) complete studies or assessments to project how climate change may impact the future operations and sustainability of the water system; or (8) carry out any other activity or project to address any ongoing or forecasted climate-related impact on the water quality or quantity of a region of the United States that increases the resiliency of a water system to the impacts of climate change. Sets forth grant application requirements. Requires the Administrator to conduct a competitive process to select and fund applications, giving priority to applications that: (1) are submitted by water systems that are at the greatest and most immediate risk of facing significant climate-related negative impacts; (2) will impact the largest numbers of water users; and (3) will provide the greatest benefit per dollar expended. Limits the federal share to 50% of the cost.