SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure and Responsible Drug Disposal Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) The nonmedical use of prescription drugs is a growing problem in the United States, particularly among teenagers. (2) According to the Department of Justice's 2009 National Prescription Drug Threat Assessment-- (A) the number of deaths and treatment admissions for controlled prescription drugs (CPDs) has increased significantly in recent years; (B) unintentional overdose deaths involving prescription opioids, for example, increased 114 percent from 2001 to 2005, and the number of treatment admissions for prescription opioids increased 74 percent from 2002 to 2006; and (C) violent crime and property crime associated with abuse and diversion of CPDs has increased in all regions of the United States over the past 5 years. (3) According to the Office of National Drug Control Policy's 2008 Report ``Prescription for Danger'', prescription drug abuse is especially on the rise for teens-- (A) one-third of all new abusers of prescription drugs in 2006 were 12- to 17-year-olds; (B) teens abuse prescription drugs more than any illicit drug except marijuana--more than cocaine, heroin, and methamphetamine combined; and (C) responsible adults are in a unique position to reduce teen access to prescription drugs because the drugs often are found in the home. (4)(A) Many State and local law enforcement agencies have established drug disposal programs (often called ``take-back'' programs) to facilitate the collection and destruction of unused, unwanted, or expired medications. These programs help get outdated or unused medications off household shelves and out of the reach of children and teenagers. (B) However, take-back programs often cannot dispose of the most dangerous pharmaceutical drugs--controlled substance medications--because Federal law does not permit take-back programs to accept controlled substances unless they get specific permission from the Drug Enforcement Administration and arrange for full-time law enforcement officers to receive the controlled substances directly from the member of the public who seeks to dispose of them. (C) Individuals seeking to reduce the amount of unwanted controlled substances in their household consequently have few disposal options beyond discarding or flushing the substances, which may not be appropriate means of disposing of the substances. Drug take-back programs are also a convenient and effective means for individuals in various communities to reduce the introduction of some potentially harmful substances into the environment, particularly into water. (D) Long-term care facilities face a distinct set of obstacles to the safe disposal of controlled substances due to the increased volume of controlled substances they handle. (5) This Act gives the Attorney General authority to promulgate new regulations, within the framework of the Controlled Substances Act, that will allow patients to deliver unused pharmaceutical controlled substances to appropriate entities for disposal in a safe and effective manner consistent with effective controls against diversion. (6) The goal of this Act is to encourage the Attorney General to set controlled substance diversion prevention parameters that will allow public and private entities to develop a variety of methods of collection and disposal of controlled substances, including some pharmaceuticals, in a secure, convenient, and responsible manner. This will also serve to reduce instances of diversion and introduction of some potentially harmful substances into the environment. SEC. 3. DELIVERY OF CONTROLLED SUBSTANCES BY ULTIMATE USERS FOR DISPOSAL. (a) Regulatory Authority.--Section 302 of the Controlled Substances Act (21 U.S.C. 822) is amended by adding at the end the following: ``(g)(1) An ultimate user who has lawfully obtained a controlled substance in accordance with this title may, without being registered, deliver the controlled substance to another person for the purpose of disposal of the controlled substance if-- ``(A) the person receiving the controlled substance is authorized under this title to engage in such activity; and ``(B) the disposal takes place in accordance with regulations issued by the Attorney General to prevent diversion of controlled substances. ``(2) In developing regulations under this subsection, the Attorney General shall take into consideration the public health and safety, as well as the ease and cost of program implementation and participation by various communities. Such regulations may not require any entity to establish or operate a delivery or disposal program. ``(3) The Attorney General may, by regulation, authorize long-term care facilities, as defined by the Attorney General by regulation, to dispose of controlled substances on behalf of ultimate users who reside, or have resided, at such long-term care facilities in a manner that the Attorney General determines will provide effective controls against diversion and be consistent with the public health and safety. ``(4) If a person dies while lawfully in possession of a controlled substance for personal use, any person lawfully entitled to dispose of the decedent's property may deliver the controlled substance to another person for the purpose of disposal under the same conditions as provided in paragraph (1) for an ultimate user.''. (b) Conforming Amendment.--Section 308(b) of the Controlled Substances Act (21 U.S.C. 828(b)) is amended-- (1) by striking the period at the end of paragraph (2) and inserting ``; or''; and (2) by adding at the end the following: ``(3) the delivery of such a substance for the purpose of disposal by an ultimate user, long-term care facility, or other person acting in accordance with section 302(g).''. SEC. 4. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION. Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements to ensure that the guidelines and policy statements provide an appropriate penalty increase of up to 2 offense levels above the sentence otherwise applicable in Part D of the Guidelines Manual if a person is convicted of a drug offense resulting from the authorization of that person to receive scheduled substances from an ultimate user or long-term care facility as set forth in the amendments made by section 3. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Secure and Responsible Drug Disposal Act of 2010 - Amends the Controlled Substances Act to allow an ultimate user of a controlled substance (or, if deceased, any person lawfully entitled to dispose of the ultimate user's property) who has lawfully obtained such substance to deliver that substance to another person, without being registered, for disposal if: (1) the person receiving the controlled substance is authorized to engage in such activity; and (2) the disposal takes place in accordance with regulations issued by the Attorney General to prevent diversion of controlled substances. Requires the Attorney General, in developing regulations under this Act, to consider the public health and safety, as well as the ease and cost of program implementation and participation by various communities. Permits the Attorney General to authorize long-term care facilities to dispose of controlled substances on behalf of ultimate users who reside, or have resided, at such facilities in a manner that will provide effective controls against diversion and that is consistent with public health and safety. Directs the United States Sentencing Commission to review and, if appropriate, amend its guidelines and policy statements to ensure an appropriate penalty increase for persons convicted of a drug offense involving receipt of a controlled substance for disposal.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Identity Defense Act of 2015''. SEC. 2. DISCLOSURE OF CERTAIN RETURN INFORMATION WITH RESPECT TO IDENTITY THEFT. (a) In General.--Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information in certain cases of identity theft.-- ``(A) In general.--If the Secretary has reason to believe that there has been a fraudulent use of a social security account number on a statement described in section 6051-- ``(i) the Secretary shall disclose to the individual who was validly assigned such social security account number-- ``(I) that the Secretary has reason to believe that the social security account number assigned to such individual has been fraudulently used in the employment context, ``(II) that the Secretary has made the disclosure described in clause (ii) to the Director of the Federal Bureau of Investigation and the Attorney General with respect to such fraudulent use, and ``(III) such other information (other than return information) as the Secretary determines, in consultation with Federal Trade Commission, would be helpful and appropriate to provide to a victim of identity theft, and ``(ii) the Secretary shall disclose to the Director of the Federal Bureau of Investigation and the Attorney General-- ``(I) such social security account number, ``(II) that the Secretary has reason to believe that such social security account number has been fraudulently used in the employment context, and ``(III) the taxpayer identity information of the individual who was assigned such social security account number, the individual believed to have fraudulently used such social security account number, and the employer who made the statement described in section 6051 which included such social security account number. ``(B) Restriction on disclosure to law enforcement.-- ``(i) Disclosure to other law enforcement officials.--The Director of the Federal Bureau of Investigation and the Attorney General may disclose information received under subparagraph (A)(ii) to appropriate Federal, State, and local law enforcement officials. ``(ii) Restriction on use of disclosed information.--Return information disclosed under subparagraph (A)(ii) may be used by Federal, State, and local law enforcement officials only for purposes of carrying out criminal investigations or prosecutions. ``(iii) Memorandum of understanding.--For purposes of this paragraph, any return information disclosed under subparagraph (A)(ii) may not be provided to any State or local law enforcement official until such official has entered into a memorandum of understanding with the Secretary that includes the following terms and conditions: ``(I) Confidentiality of returns and return information and prohibitions on disclosure described in subsection (a)(3). ``(II) Safeguards, restrictions on access, and recordkeeping requirements described in subsection (p)(4). ``(III) Application of penalties for unauthorized disclosure of returns and return information under section 7213(a)(2). ``(IV) Any additional terms and conditions deemed appropriate by the Secretary.''. (b) Prevention of Identity Theft.--In the case of an employee for whom the Commissioner of the Social Security Administration has reason to believe that the social security number included on any statement described in section 6051(a) of the Internal Revenue Code of 1986 with respect to such employee is not the correct social security number for such employee, the Commissioner shall provide notification to the employer for such employee which includes-- (1) the name of the employee and the social security number included on such statements; and (2) relevant information regarding the availability of the Social Security Number Verification Service for verification of social security numbers. (c) Conforming Amendments Related to Disclosure.-- (1) Confidentiality.--Paragraph (3) of section 6103(a) of such Code is amended by striking ``or (21)'' and inserting ``(21), or (23)''. (2) Procedures and recordkeeping related to disclosures.-- Paragraph (4) of section 6103(p) of such Code is amended by striking ``or (20)'' each place it appears and inserting ``(20), or (23)''. (3) Unauthorized disclosure or inspection.--Paragraph (2) of section 7213(a) of such Code is amended by striking ``or (21)'' and inserting ``(21), or (23)''. SEC. 3. PENALTIES FOR TAX-RELATED IDENTITY THEFT. (a) In General.--Section 1028A(c) of title 18, United States Code, is amended-- (1) by redesignating paragraphs (8) through (11) as paragraphs (10) through (13), respectively; and (2) by inserting after paragraph (7) the following new paragraphs: ``(8) section 286 (relating to conspiracy to defraud the government with respect to claims), section 287 (relating to false, fictitious, or fraudulent claims), section 371 (relating to conspiracy to commit an offense or to defraud the United States), section 1001 (relating to statements or entries), section 1341 (relating to frauds and swindles), section 1342 (relating to a fictitious name or address), section 1343 (relating to fraud by wire, radio, or television), or section 1344 (relating to bank fraud), if the felony violation is a tax-related offense punishable under such section; ``(9) section 7206 of the Internal Revenue Code of 1986 (relating to fraud and false statements);''. (b) Penalty for Misappropriation of Tax Identification Numbers.-- (1) In general.--Part I of subchapter B of chapter 68 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6720D. MISAPPROPRIATION OF TAX IDENTIFICATION NUMBER. ``In addition to any penalty provided by law, any person who knowingly or willfully misappropriates another person's tax identification number in connection with any list, return, account, statement, or other document submitted to the Secretary shall pay a penalty of $5,000.''. (2) Conforming amendment.--The table of sections for part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following new item: ``Sec. 6720D. Misappropriation of tax identification number.''. (3) Effective date.--The amendments made by this subsection shall apply to returns and information submitted after the date of the enactment of this Act.

Summary: Social Security Identity Defense Act of 2015 This bill amends the Internal Revenue Code, with respect to the disclosure of tax return information in cases of identity theft, to require the Department of the Treasury to: (1) disclose to the holder of a valid social security account number that there is reason to believe that there has been a fraudulent use of such account number; and (2) disclose to the Federal Bureau of Investigation (FBI) and the Department of Justice (DOJ) such social security account number, that there is reason to believe that such account number has been fraudulently used in the employment context, and the taxpayer identity information of the individual who was assigned such account number. The bill authorizes the FBI and DOJ to disclose taxpayer information to appropriate federal, state, and local law enforcement officials solely for purposes of carrying out criminal investigations or prosecutions. The bill also imposes new criminal and civil penalties for tax-related identity theft and misappropriation of tax identification numbers.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Windstorm Hazard Reduction Research and Technology Transfer Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Coastal States and many island States and territories are vulnerable to the hazards of windstorms. All Midwest, Southern, and Mid-Atlantic States are vulnerable to the hazards of tornadoes and thunderstorms and increased building activity is occurring in high-risk areas such as the seashore and ``tornado alley''. (2) Hurricanes cause enormous loss of life, injury, destruction of property, and economic and social disruption, as evidenced by the 56 deaths and $6,000,000,000 in property damage in 1999 from Hurricane Floyd. From 1990 to 1999 hurricanes caused an average of 14 deaths and $4,970,000,000 in property losses annually while tornadoes and other windstorms caused over 58 deaths and $871,000,000 in property losses annually. (3) Improved windstorm hazard reduction measures, including-- (A) cost-effective and affordable design and construction methods and practices; (B) informed land use decisions; (C) impact prediction methodologies and early warning systems; and (D) public education and involvement programs, have the potential over the next 10 years to reduce these losses. Losses will increase if steps are not taken to help communities reduce their vulnerability. (4) Wind engineering research needs to address both improving new structures and retrofitting existing ones. (5) There is an appropriate role for the Federal Government in the collection, preparation, coordination, and dissemination of windstorm hazards reduction information in order to protect public health and safety and in increasing public awareness of the dangers of windstorms and of affordable steps homeowners can take to preserve life and property. Improved mechanisms are needed to translate existing information and research findings into usable, state-of-the-art specifications, criteria, and cost-effective practices. (6) An effective Federal program in windstorm hazard reduction will require interagency coordination, input from individuals and institutions outside the Federal Government who are expert in the sciences of natural hazards reduction and in the practical application of mitigation measures, and improved mechanisms for the transfer of new knowledge to State and local officials, to homeowners, and to the design and construction industry. Tax credits are an appropriate means of helping homeowners apply mitigation measures. (7) Windstorms are a worldwide problem, and international cooperation is desirable for mutual learning and mitigation. SEC. 3. DEFINITIONS. In this Act: (1) The term ``Director'' means the Director of the Office of Science and Technology Policy. (2) The term ``State'' means each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (3) The term ``windstorm'' means any storm with a damaging or destructive wind component, such as a hurricane, tropical storm, tornado, or thunderstorm. SEC. 4. NATIONAL WINDSTORM HAZARD REDUCTION PROGRAM. (a) Interagency Group.--Not later than 30 days after the date of the enactment of this Act, the Director shall establish an Interagency Group, to be cochaired by the Director or the Director's designee and the Director of the Federal Emergency Management Agency or that Director's designee, consisting of representatives of appropriate Federal agencies, including the National Science Foundation, the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, the Department of Energy, and other agencies with jurisdiction over housing, construction, and natural disaster mitigation and relief, to be responsible for the development and implementation of a coordinated Federal windstorm hazard reduction research, development, and technology transfer program. In establishing the Interagency Group, the Director is encouraged where appropriate to designate lead agencies and to preserve existing programs and functions of Federal agencies and organizations, and shall ensure regular agency coordination and information sharing and where appropriate coordination with other agencies. (b) Objective.--The objective of the windstorm hazard reduction program is the achievement, within 10 years after the date of the enactment of this Act, of major measurable reductions in losses that would otherwise have occurred to life and property from windstorms. The objective is to be achieved through the creation of a program involving cooperation among governments at all levels and the private sector featuring-- (1) pertinent basic and applied research which takes into account locality-specific weather, susceptibility to other hazards, and design and construction practices; (2) better understanding of impediments and disincentives to wind hazard reduction; (3) inventorying of existing buildings and related data for use in developing and deploying wind hazard mitigation measures; (4) dissemination of information on cost-effective and affordable wind hazard reduction research results, technology, and techniques to industry, State and local governments, homeowners, and the general public; (5) improved technology for prediction, storm warnings, advanced planning, and disaster response; (6) increased public awareness of the dangers of windstorms and of ways to preserve affected property and life; and (7) priority attention to critical lifelines, including infrastructure and utilities, that are especially needed in time of disaster. (c) Research and Development Elements.--The research and development elements of the program may include-- (1) basic wind characterization and micro-climate research; (2) development of methods to increase accuracy and reliability in the prediction of the track and magnitude of windstorms; (3) peer-reviewed research and development on and demonstration of wind-resistant systems and materials for new construction and retrofit, including composite materials; building envelope components, including windows, doors, and roofs; structural design; and design and construction techniques, through physical testing and through computer simulation when appropriate, taking into consideration cost- effectiveness, affordability, and regional differences including susceptibility to other hazards; (4) development of mechanisms for collecting information on building systems and materials performance in windstorms, information on mitigation priorities, and other pertinent information from sources such as the construction industry, insurance companies, and building officials; (5) development of updatable, cost-effective, and affordable systems, both for new construction and for retrofitting, and for inventorying information on components and materials and their interaction; (6) development of cost-effective and affordable planning, design, construction, rehabilitation, and retrofit methods and procedures, including utilization of mitigation measures, for critical lifelines and facilities such as hospitals, schools, public utilities, and other structures that are especially needed in time of disaster; (7) research and development on techniques, methodologies, and new technologies for the mapping in finer detail of windstorm hazard risks, to be coordinated with the mapping of other natural and manmade hazards; (8) development of improved systems for predicting damaging windstorm impact and for identifying, evaluating, and reliably characterizing windstorm hazards; (9) development of improved approaches for providing emergency services, reconstruction, and redevelopment after a windstorm; (10) development of quantitative assessment techniques for the delineation and evaluation of the socioeconomic effects of windstorms and their application on a regional basis, including exploration of adjustments that could be made to reduce windstorm vulnerability and to effectively exploit existing and developing mitigation techniques; and (11) studies of impediments and disincentives to effective wind hazard mitigation, preparedness, and response policies and innovations. (d) Technology Transfer.--The technology transfer elements of the program shall include-- (1) the collection, classification, presentation, and dissemination in a usable form to Federal, State, and local officials, community leaders, the design and construction industry, contractors, home owners, and the general public, of research results and other pertinent information regarding windstorm phenomena, the identification of locations and features which are especially susceptible to windstorm damage, ways to reduce the adverse consequences of windstorms, and related matters; (2) in coordination with the private sector, academia, and the States, curriculum development and related measures to facilitate the training of employees of the design and construction industry, the insurance industry, and State and local governments, and other interested persons; and (3) efforts to increase public awareness and information related to windstorm hazard mitigation. (e) Implementation Plan.--The Interagency Group established under subsection (a) shall refine, in conjunction with appropriate representatives of State and local units of government and private sector organizations, the objective stated in subsection (b), develop measurements related to the objective, including emphasis on cost- effectiveness and affordability, and develop a 10-year implementation plan for achieving the objective, deferring to the private sector and State and local government for implementation in all appropriate instances. Not later than 210 days after the date of the enactment of this Act, the Interagency Group shall submit to the Congress the implementation plan. The plan shall include-- (1) a statement of research and development goals and priorities; (2) plans for the development of improved forecasting techniques for windstorms, early warning systems, and systems for comprehensive response; (3) plans for the development of an inventory of buildings, building components, and damage to buildings from windstorms; (4) plans for transfer of technology and information to State, county, local, and regional governmental units and the private sector for appropriate application of research and development results; (5) provisions for dissemination, on a timely basis, of-- (A) delivery of information and technology in a form that is of use to the design professions, the construction industry, and other interested parties; and (B) other information and knowledge of interest to the public to reduce vulnerability to windstorm hazards; (6) a description of how Federal disaster relief and emergency assistance programs will incorporate research and development results; (7) establishment, consistent with this Act, of goals, priorities, and target dates for implementation of the program; (8) assignment of responsibilities with respect to each element of the program that does not already have a Federal lead agency; (9) a description of plans for cooperation and coordination in all phases of the program with interested governmental entities in all States, particularly those containing areas of high or moderate windstorm risk; and (10) staffing plans for the program and its components. (f) Participation.--The implementation plan shall avoid duplication whenever possible and assign responsibilities to Federal agencies with existing expertise. (g) Manufactured Housing Standards.--No design, construction method, practice, technology, material, mitigation methodology, or hazard reduction measure of any kind developed under this Act shall be required for a home certified under section 616 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5415), pursuant to standards issued under such Act, without being subject to the consensus development process and rulemaking procedures of that Act. SEC. 5. NATIONAL ADVISORY COMMITTEE FOR WINDSTORM HAZARD REDUCTION. (a) Establishment.--A National Advisory Committee shall be established to review progress made under the program established under section 4, advise on any improvements that should be made to that program, and report to the Congress on actions that have been taken to advance the Nation's capability to reduce the impacts of windstorm hazards. (b) Membership.--The Advisory Committee shall be composed of 21 members to be appointed by the President (one of whom shall be designated by the President as chair). The members shall include representatives of a broad cross-section of interests such as the research, technology transfer, architectural, engineering, and financial communities; materials and systems suppliers; State, county, and local governments concerned with the reduction of windstorm hazards; the residential, multifamily, and commercial sectors of the construction industry; and the insurance industry, and other representatives (not including members of Federal agencies) from areas impacted by windstorm hazards. (c) Coordination.--The Advisory Committee shall coordinate with existing advisory committees of the Federal Government and of the National Academies of Science and Engineering. As appropriate, the work and reports of the Advisory Committee may be done in conjunction with or replace the work of other advisory committees. (d) Annual Report.--The Advisory Committee shall provide a summary report to Congress each year. (e) Exemption.--Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Committee established under this section. SEC. 6. ANNUAL REPORT. (a) Report.--The Interagency Group established under section 4(a) shall, within 90 days after the end of each fiscal year, submit a report to the Congress describing the status of the windstorm hazard reduction program, describing progress achieved during the preceding fiscal year, by government at all levels and by the private sector, toward achieving the objective stated in section 4(b) and implementing the plan developed under section 4(e), and including any amendments to the implementation plan. Each such report shall include any recommendations for legislative and other action the Interagency Group considers necessary and appropriate. (b) Conference.--In order to disseminate the research findings of the windstorm hazard reduction program established under section 4(a), the Interagency Group is encouraged to arrange for an annual conference where research findings and mitigation efforts can be presented. Those invited to the conference shall include representatives of a broad cross-section of interests such as the research, technology transfer, architectural, engineering, and financial communities; materials and systems suppliers; State, county, and local governments concerned with the reduction of windstorm hazards; the residential, multifamily, and commercial sectors of the construction industry; and the insurance industry, and other representatives from areas impacted by windstorm hazards. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out activities under this Act $50,000,000 for fiscal year 2001, $100,000,000 for fiscal year 2002, and $150,000,000 for fiscal year 2003.

Summary: Establishes a National Advisory Committee to review the program's progress, advise on any improvements, and report to Congress on actions taken to reduce the impacts of windstorm hazards.


SECTION 1. SAN JUAN ISLANDS NATIONAL CONSERVATION AREA. (a) Findings; Purposes.-- (1) Findings.--Congress finds as follows: (A) Lands managed by the Bureau of Land Management in the San Juan Archipelago, Washington State, comprising nearly 1,000 acres of small islands, rocks and reef, headlands, historic lighthouses, and ecologically important areas are of great value to the people of Washington State and the Nation. (B) These areas provide recreational opportunities for hiking, wildlife viewing, boating, picnicking, photography, sea kayaking, and camping and are enjoyed by residents of the area and visitors. In 2010, these lands in the San Juan Islands National Conservation Area received more than 65,000 visitors in a county with a population at that time of 15,769 residents. (C) These areas preserve important local, national, and tribal cultural and historic sites. Lighthouses on Patos Island, Turn Point, and Cattle Point are registered as State Historic Structures. Numerous archaeological sites exist, including shell middens, plank-house sites, and burial markers. Areas of cultural importance include ancient Coast Salish camas cultivation sites, homesteads, reef-net sites, and settler cabins. (D) These areas include vanishing coastal flower meadows, spruce bogs, groves of Garry oaks and endemic coastal junipers, and other rare and fragile ecosystems that support numerous plant species and provide nesting habitat for seabirds, songbirds, bats, and other small native mammals. (E) These areas are used by several non-profit, government, and educational organizations for scientific research and education, including the San Juan Islands Experimental Education Outdoor Classroom. (F) Establishment of the San Juan Islands National Conservation Area is the best way to preserve, protect, enhance, and restore this local and nationally important landscape. (2) Purposes.--The purposes of this Act are-- (A) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the National Conservation Area; and (B) to protect each species that is-- (i) located in the National Conservation Area; and (ii) listed as a threatened or endangered species on the list of threatened species or the list of endangered species published under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)). (b) Definitions.--In this Act: (1) Management plan.--The term ``management plan'' means the management plan for the National Conservation Area developed by the Secretary under subsection (d). (2) National conservation area.--The term ``National Conservation Area'' means the San Juan Islands National Conservation Area that-- (A) consists of approximately 1,000 acres of public land in the Washington State, as generally depicted on the map entitled ``Proposed San Juan Islands National Conversation Area'' and dated June 30, 2011; and (B) is established by subsection (c). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (c) Establishment.--Subject to valid existing rights, there is established in the State of Washington the San Juan Islands National Conservation Area. (d) Management Plan.-- (1) In general.--Not later than 3 years after the date of the enactment of this Act and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long- term management of the National Conservation Area. (2) Consultation.--In developing the management plan required under paragraph (1), the Secretary shall consult with-- (A) appropriate State, tribal, and local governmental entities; and (B) members of the public. (e) Management.-- (1) In general.--The Secretary shall manage the National Conservation Area-- (A) in a manner that conserves, protects, and enhances the resources of the National Conservation Area; and (B) in accordance with-- (i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (ii) this Act; and (iii) any other applicable law (including regulations). (2) Uses.--The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further a purpose described in subsection (a). (3) Motorized vehicles.--Except when needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles. (4) Wildland fire operations.--Nothing in this Act prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this Act. (5) Invasive species and noxious weeds.--In accordance with any applicable laws and subject to such terms and conditions as the Secretary determines to be desirable and appropriate, the Secretary may prescribe measures to control nonnative invasive plants and noxious weeds within the National Conservation Area. (f) Tribal Cultural Uses.--The Secretary shall work in consultation with Indian tribes to-- (1) ensure the protection of religious and cultural sites in the Conservation Area; and (2) provide access to the sites by members of Indian tribes for traditional cultural and customary uses, consistent with Public Law 95-341 (commonly known as the ``American Indian Religious Freedom Act''; 42 U.S.C. 1996). (g) No Buffer Zones.-- (1) In general.--Nothing in this Act creates a protective perimeter or buffer zone around the National Conservation Area. (2) Activities outside conservation area.--The fact that an activity or use on land outside the National Conservation Area can be seen or heard within the National Conservation Area shall not preclude the activity or use outside the boundary of the National Conservation Area. (3) Acquisition of land.-- (A) In general.--The Secretary may acquire non- Federal land within the boundaries of the Conservation Area only through exchange, donation, or purchase from a willing seller. (B) Management.--Land acquired under subparagraph (A) shall become part of the Conservation Area. (h) Advisory Council.-- (1) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish an advisory council, to be known as the ``San Juan Islands National Conservation Area Advisory Council''. (2) Duties.--The Council shall advise the Secretary with respect to the preparation and implementation of the management plan. (3) Members.--The Council shall include 7 members to be appointed by the Secretary. The members, to the extent practicable, shall-- (A) reside in or within reasonable proximity to San Juan County, Washington; (B) have backgrounds that reflect-- (i) the purposes for which the National Conservation Area was established; and (ii) the interests of the stakeholders that are affected by the planning and management of the National Conservation Area; and (C) be fairly balanced in terms of the points of view represented and the functions to be performed by the Council. (4) Applicable law.--The Council shall be subject to-- (A) the Federal Advisory Committee Act (5 U.S.C. App.); and (B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (5) Duration.--The Council shall terminate on the date that is 1 year from the date on which the management plan is adopted by the Secretary. (i) Incorporation of Acquired Land and Interests.--Any land acquired by the United States after the date of the enactment of this Act that is located in the National Conservation Area shall-- (1) become part of the National Conservation Area; and (2) be managed in accordance with-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) this Act; and (C) any other applicable law (including regulations). (j) Withdrawal.-- (1) In general.--Subject to valid existing rights, all Federal land and interests in land located in the National Conservation Area are withdrawn from-- (A) all forms of entry, appropriation, and disposal under the public land laws; (B) location, entry, and patenting under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (2) Additional land.--Any land acquired by the United States after the date of the enactment of this Act that is located in the National Conservation Area shall be withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land. SEC. 2. TREATY RIGHTS. Nothing in this Act alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe.

Summary: Establishes the San Juan Islands National Conservation Area in the state of Washington. Directs the Secretary of the Interior to develop a comprehensive plan for the long-term management of the Conservation Area. Requires the Secretary to manage the Conservation Area in a manner to conserve, protect, and enhance the resources of such area. Authorizes the Secretary to prescribe measures for the control of nonnative invasive plants and noxious weeds within the Conservation Area. Instructs the Secretary to work with Indian tribes to ensure the protection of religious and cultural sites within the Conservation Area and to provide access to them by tribal members for traditional cultural and customary uses. Directs the Secretary to establish the San Juan Islands National Conservation Area Advisory Council to advise the Secretary on the preparation and implementation of the management plan.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Flagship Species Conservation Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Numerous species of fauna have continued to decline to the point that the long-term survival of those species in the wild is in serious jeopardy. (2) Many of those species are listed under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or in Appendix I or II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. (3) There are insufficient resources available for addressing the threats facing those species, which will require the joint commitment and effort of countries within the range of those species, the United States and other countries, and the private sector. (4) The grant programs established by the Congress for tigers, rhinoceroses, Asian elephants, African elephants, great apes, neotropical migratory birds, and marine turtles have proven to be extremely successful, provide Federal funds for conservation projects in an efficient and expeditious manner, and encourage additional support for conservation in countries where those species exist in the wild. (5) A new grant program modeled on the existing programs for tigers, rhinoceroses, elephants, great apes, neotropical migratory birds, and marine turtles would provide an effective means to assist in the conservation of flagship species for which there are no existing grant programs. (b) Purpose.--The purpose of this Act is to conserve flagship species of fauna throughout the world, and the ecosystems on which those species depend, by supporting the conservation programs for those species and the CITES Secretariat, promoting partnerships between the public and private sectors, and providing financial resources for those programs and partnerships. SEC. 3. DEFINITIONS. In this Act: (1) Account.--The term ``Fund'' means the Flagship Species Conservation Fund established by section 5. (2) CITES.--The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices and amendments. (3) Conservation.--The term ``conservation'' means the use of methods and procedures necessary to bring a flagship species to the point at which there are sufficient populations in the wild to ensure that the species does not become extinct, including-- (A) protection and management of populations of a flagship species; (B) maintenance, management, protection, and restoration of habitat of a flagship species; (C) research and monitoring; (D) law enforcement; and (E) community outreach and education. (4) Fish or wildlife.--The term ``fish or wildlife'' means any mammal, fish, bird, or reptile. (5) Flagship species.--The term ``flagship species''-- (A) subject to subparagraph (B), means a species of fish or wildlife-- (i) that is listed as an endangered species or threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or that is listed in Appendix I or II of CITES; (ii) whose range is wholly outside of the United States; and (iii) that appeals to the public and has other features that make it suitable for communicating conservation concerns; and (B) does not include African elephants, Asian elephants, rhinoceros, tigers, great apes, neotropical migratory birds, and marine turtles. (6) Multinational species conservation fund.--The term ``Multinational Species Conservation Fund'' means the fund established under the heading ``multinational species conservation fund'' in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 4246). (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. FLAGSHIP SPECIES CONSERVATION ASSISTANCE. (a) In General.--Subject to the availability of funds, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of that flagship species throughout the world, for which project proposals are approved by the Secretary in accordance with this section. (b) Project Proposals.-- (1) Eligible applicants.--A proposal for a project for the conservation of a flagship species may be submitted to the Secretary by-- (A) any relevant wildlife management authority of a country that has within its boundaries any part of the range of a flagship species, if the agency has authority over fish or wildlife and the activities of the agency directly or indirectly affect the species; (B) the CITES Secretariat; or (C) any person with demonstrated expertise in the conservation of that flagship species. (2) Required information.--A project proposal shall include-- (A) the name of the individual with primary responsibility for conducting the project; (B) a succinct statement of-- (i) the purposes of the project and the methodology for implementing the project, including an assessment of the status of the flagship species that is the subject of the project; and (ii) how the project will benefit that species and other species that reside within the same habitat; (C) a description of the qualifications of the individuals who will conduct the project; (D) an estimate of the funds and time required to complete the project; (E) evidence of support for the project by appropriate governmental entities of countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (F) information regarding the source and amount of matching funds available for the project; and (G) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.-- (1) In general.--The Secretary shall-- (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to other Federal officials, as appropriate; and (B) review each project proposal in a timely manner to determine whether the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval.--Not later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with other Federal officials, as appropriate, shall-- (A) consult on the proposal with the government of each country in which the project is to be conducted; (B) after taking into consideration any comments resulting from the consultation, approve or disapprove the project proposal; and (C) provide written notification of the approval or disapproval to the person that submitted the project proposal, other Federal officials, and each country described in subparagraph (A). (d) Criteria for Approval.--The Secretary may approve a project proposal under this section if the project will help recover and sustain viable populations of flagship species in the wild by assisting efforts in foreign countries to implement flagship species conservation programs. (e) Project Sustainability.--To the maximum extent practicable, in determining whether to approve project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of flagship species and their nesting habitats. (f) Matching Funds.--In determining whether to approve project proposals under this section, the Secretary shall give preference to projects for which matching funds are available. (g) Project Reporting.-- (1) In general.--Each person that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary may require) that include all information that the Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public.--Reports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public. SEC. 5. FLAGSHIP SPECIES CONSERVATION FUND. (a) Establishment.--There is established in the Multinational Species Conservation Fund a separate account to be known as the ``Flagship Species Conservation Fund'', consisting of-- (1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 6; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 4. (2) Administrative expenses.--Of the amounts in the account available for each fiscal year, the Secretary may expend not more than 3 percent, or up to $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. (c) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and Use of Donations.--The Secretary may accept and use donations to provide assistance under section 4. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit in the Fund. SEC. 6. ADVISORY GROUP. (a) In General.--To assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of flagship species. (b) Public Participation.-- (1) Meetings.--The Advisory Group shall-- (A) ensure that each meeting of the advisory group is open to the public; and (B) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. (2) Notice.--The Secretary shall provide to the public timely notice of each meeting of the advisory group. (3) Minutes.--Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (c) Exemption From Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Fund $10,000,000 for each of fiscal years 2005 through 2007. SEC. 8. REPORT TO CONGRESS. Not later than October 1, 2005, the Secretary shall submit to the Congress a report on the results and effectiveness of the program carried out under this Act, including-- (1) recommendations concerning how this Act might be improved, including guidelines for determining species that are flagship species; and (2) recommendations concerning whether the Fund should be continued in the future.

Summary: Flagship Species Conservation Act of 2004 - Requires the Secretary of the Interior to use amounts in the Multinational Species Conservation Fund (Fund) to provide conservation assistance for flagship species of fish or wildlife where project proposals for such conservation are approved by the Secretary in accordance with this Act. Identifies eligible applicants and sets forth requirements for project proposals. Authorizes the Secretary to approve a project proposal if it will help recover and sustain viable populations of flagship species in the wild by assisting efforts in foreign countries to implement flagship species conservation programs. Establishes in the Fund a separate account to be known as the Flagship Species Conservation Fund to fund approved flagship species conservation projects. Authorizes the Secretary to convene an advisory group to assist in carrying out this Act.


SECTION 1. 1-YEAR EXTENSION OF DATE FOR COMPLIANCE BY CERTAIN COVERED ENTITIES WITH ADMINISTRATIVE SIMPLIFICATION STANDARDS FOR ELECTRONIC TRANSACTIONS AND CODE SETS. (a) In General.--Notwithstanding section 1175(b)(1)(A) of the Social Security Act (42 U.S.C. 1320d-4(b)(1)(A)) and section 162.900 of title 45 of the Code of Federal Regulations-- (1) a health care provider shall not be considered to be in noncompliance with the applicable requirements of subparts I through N of part 162 of title 45 of the Code of Federal Regulations before October 16, 2003; and (2) a health plan (other than a small health plan) or a health care clearinghouse shall not be considered to be in noncompliance with the applicable requirements of subparts I through R of part 162 of title 45 of the Code of Federal Regulations before October 16, 2003. (b) Special Rules.-- (1) Rules of construction.--Nothing in this section shall be construed-- (A) as modifying the October 16, 2003, date for compliance of small health plans with subparts I through R of part 162 of title 45 of the Code of Federal Regulations; or (B) as modifying-- (i) the April 14, 2003, date for compliance of a health care provider, a health plan (other than a small health plan), or a health care clearinghouse with subpart E of part 164 of title 45 of the Code of Federal Regulations; or (ii) the April 14, 2004, date for compliance of a small health plan with subpart E of part 164 of title 45 of the Code of Federal Regulations. (2) Applicability of privacy requirements to certain transactions prior to standards compliance date.-- (A) In general.--Notwithstanding any other provision of law, during the period that begins on April 14, 2003, and ends on October 16, 2003, a health care provider or, subject to subparagraph (C), a health care clearinghouse, that transmits any health information in electronic form in connection with a transaction described in subparagraph (B) shall comply with the then applicable requirements of subpart E of part 164 of title 45 of the Code of Federal Regulations without regard to section 164.106 of subpart A of such part or to whether the transmission meets any standard formats required by part 162 of title 45 of the Code of Federal Regulations. (B) Transactions described.--The transactions described in this subparagraph are the following: (i) A health care claims or equivalent encounter information transaction. (ii) A health care payment and remittance advice transaction. (iii) A coordination of benefits transaction. (iv) A health care claim status transaction. (v) An enrollment and disenrollment in a health plan transaction. (vi) An eligibility for a health plan transaction. (vii) A health plan premium payments transaction. (viii) A referral certification and authorization transaction. (ix) A transaction with respect to a first report of injury. (x) A transaction with respect to health claims attachments. (C) Application to health care clearinghouses.--For purposes of this paragraph, during the period described in subparagraph (A), an entity that would otherwise meet the definition of health care clearinghouse that processes or facilitates the processing of information in connection with a transaction described in subparagraph (B) shall be deemed to be a health care clearinghouse notwithstanding that the entity does not process or facilitate the processing of such information into any standard formats required by part 162 of title 45 of the Code of Federal Regulations. (c) Definitions.--In this section-- (1) the terms ``health care provider'', ``health plan'', and ``health care clearinghouse'' have the meaning given those terms in section 1171 of the Social Security Act (42 U.S.C. 1320d) and section 160.103 of part 160 of title 45 of the Code of Federal Regulations; (2) the terms ``small health plan'' and ``transaction'' have the meaning given those terms in section 160.103 of part 160 of title 45 of the Code of Federal Regulations; and (3) the terms ``health care claims or equivalent encounter information transaction'', ``health care payment and remittance advice transaction'', ``coordination of benefits transaction'', ``health care claim status transaction'', ``enrollment and disenrollment in a health plan transaction'', ``eligibility for a health plan transaction'', ``health plan premium payments transaction'', and ``referral certification and authorization transaction'' have the meanings given those terms in sections 162.1101, 162.1601, 162.1801, 162.1401, 162.1501, 162.1201, 162.1701, and 162.1301 of part 162 of title 45 of the Code of Federal Regulations, respectively.

Summary: Provides a one year extension for providers, State health programs, health plans, and others to implement the administrative simplification standards for electronic transactions and code sets required by the Health Insurance Portability and Accountability Act (HIPAA).Differentiates these electronic transaction and code set requirements from the medical privacy regulations under HIPAA which remain unaffected.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Autism Understanding and Training in School Methodologies for Educators Act of 2012''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Autism is a group of complex developmental brain disorders collectively referred to as Autism Spectrum Disorders (ASDs) that can cause a wide range of symptoms, skills, and levels of impairment including social, communication and behavior changes. (2) Autism spectrum disorders are also referred to as pervasive developmental disorders and include subcategories of classic autism with ranges from high functioning autism (HFA) to low functioning autism, Asperger syndrome, and pervasive developmental disorder, not otherwise specified (PDD-NOS), as well as more severe cases of Rhett Syndrome and Child Disintegrative Disorder. (3) Autism affects an estimated 1 in 88 children by age 8 and 1 in 54 boys. (4) An estimated 1,500,000 individuals in the United States are affected by autism. (5) More children will be diagnosed with autism this year than with AIDS, diabetes, and cancer combined. (6) Autism is the fastest growing serious developmental disability in the United States. (7) Autism costs the Nation over $35,000,000,000 per year, a figure expected to significantly increase in the next decade. (8) Boys are five times more likely than girls to have autism. (9) There is currently no medical cure for autism, but there are evidence-based educational methods proven to be effective in improving outcomes for students with autism and research demonstrating the benefits of routine and consistency. (10) The least restrictive environment for educating students with autism spectrum disorder, including, but not limited to, students with high functioning autism, Asperger syndrome, and PDD-NOS, often is best achieved by enrollment in a general education classroom with proper support. (11) General education classroom teachers and staff often are not adequately trained to work effectively with students with autism spectrum disorders, who have a wide diversity of characteristics, although such skills may be attained through qualified training programs and may be relatively easy to implement in school settings. (12) Training general education classroom teachers and staff to implement evidence-based practices for educating students with autism spectrum disorders with accuracy and fidelity will help provide for best possible outcomes not only for students with autism, but also for other students in the classroom. (13) Children with autism in highly transient families, such as the military (where the rate of children on the spectrum is even higher) and foreign service families, often face additional challenges in the public education system because of frequent changes in the family's geographic duty station or a parent's deployment, which can interrupt the provision of appropriate interventions and continuity of effective educational methods. (14) In school districts that have a large population of transient families or that border military bases it is especially important to have staff who are highly trained to provide effective services and build a proven track record of academic achievement in serving students with autism. SEC. 3. DEMONSTRATION PROGRAM AUTHORIZED. (a) Authorization of Grant Program.--The Secretary is authorized to carry out a demonstration grant program to award grants to eligible entities to enable such entities to accomplish the purposes described in subsection (b). (b) Purposes.--A grant provided under this section shall be used for the following purposes within schools providing education to children in grades pre-kindergarten through 12: (1) Providing evidence-based, in-service training to teachers, paraprofessionals, and other staff on effective ways to teach, communicate, recognize, support, and interact with children with autism spectrum disorder in the classroom and related school settings. Training on providing effective support includes but is not limited to academic support, behavioral support, communication support, social emotional support, and facilitating positive peer interactions and social skills. (2) Providing technical assistance consisting of consultation on the type of training needed, hands-on opportunities to practice and perform newly acquired skills and methodologies with fidelity, and post-training support to ensure accuracy of implementation in the classroom. (3) Executing strategies for recruiting and retaining skilled personnel participating in the education of children with autism spectrum disorders. (4) Implementing a program of parental support and involvement in the education of students with autism spectrum disorders. (c) Duration of Grants.--A grant provided under this section shall be-- (1) for a period of not more than 5 years, of which not more than the first 2 years shall be used for planning; and (2) subject to annual approval by the Secretary and subject to the availability of appropriations for the fiscal year involved. (d) Limitation on Administrative Costs.--An eligible entity may use not more than 20 percent of the funds received under this section for the administrative costs of carrying out its responsibilities under this section. (e) Applications.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Report.--The Secretary shall conduct an evaluation of the demonstration program authorized by this section and, not later than 1 year after the date of the completion of the demonstration program, shall prepare and submit to the President and the Congress a report on such evaluation, together with recommendations for dissemination and replication of the results of the program. (g) Definitions.--For purposes of this section: (1) The term ``autism spectrum disorders (ASDs)'' refers to complex disorders of brain development that can affect individuals with varying degrees from mild to severe, and is characterized by a combination of restricted repetitive and stereotyped behaviors, interests and activities; qualitative impairments in social interactions; and qualitative impairments in verbal and nonverbal communication. (2) The term ``eligible entity'' means an eligible local educational agency, or a consortia of such agencies, in partnership with-- (A) one or more institutions of higher education; or (B) one or more nonprofit educational entities with documented expertise in working with children with autism. (3) The term ``eligible local educational agency'' means a local educational agency that has no less than 10 percent of its special education population identified with autism spectrum disorders, including, but not limited to, high functioning autism, Asperger syndrome, and PDD-NOS, and have documented a growth pattern in the number of these students. (4) The term ``institution of higher education'' has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (5) The term ``local educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) The term ``Secretary'' means the Secretary of Education.

Summary: Autism Understanding and Training in School Methodologies for Educators Act of 2012 - Authorizes the Secretary of Education to carry out a demonstration program to award five-year grants to eligible local education agencies for the following purposes in schools for children in grades pre-kindergarten through 12: (1) providing training to teachers, paraprofessionals, and other staff on effective ways to teach, communicate, recognize, support, and interact with children with autism spectrum disorders in the classroom; (2) providing technical assistance consisting of consultation on the type of training needed, hands-on opportunities to practice and perform newly acquired skills and methodologies, and post-training support to ensure accuracy of implementation in the classroom; (3) executing strategies for recruiting and retaining skilled personnel participating in the education of children with such disorders; and (4) implementing a program of parental support and involvement in the education of students with such disorders.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Smaller Schools, Stronger Communities Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Since World War II, the conventional wisdom among educators has been that larger schools are better than smaller schools, and as a result the number of secondary schools in the United States has declined by 70 percent and the average school size has grown to 5 times the previous average size. According to the Department of Education, 70 percent of high school students in 2000 attended schools with more than 1,000 students. (2) Over the past few years, educators have begun to question the belief that larger schools are always better. The National Association of Secondary School Principals recently recommended that the high school of the 21st century be much more student-centered and, above all, much more personalized in programs, support services, and intellectual rigor. Underlying this recommendation are the Association's beliefs that students take more interest in school when they have a sense of belonging and that students benefit from a more intimate setting in which their presence is more readily and repeatedly acknowledged. (3) The National Association of Secondary School Principals warns that the ``bigness'' of high schools shrouds many young people in what the Association calls ``a cloak of anonymity''. To counteract this effect, the Association recommends that high schools-- (A) restructure their layouts and schedules so that students are no longer invisible and able to ``melt into their surroundings''; (B) limit their enrollments to units of not more than 600 students, either by constructing new buildings or by creating schools-within-a-school; and (C) change the relationship between teachers and students by reducing the number of class changes students are required to make each day and by allowing teachers to spend more time with smaller numbers of students. (4) Research shows that larger schools tend to stratify students into different tracks, which are often based on children's educational and social backgrounds. The result is inequitable educational outcomes, because at larger schools the gap between the educational achievement of high-achieving and low-achieving students is greater than at smaller schools. (5) Research shows that-- (A) in smaller, more personalized, and less bureaucratic schools, the gap between high-achieving and low-achieving students is smaller; (B) students in smaller schools perform better in the core subjects of reading, mathematics, history, and science; (C) students in smaller schools are more engaged in their courses; (D) smaller schools have higher attendance rates and higher rates of participation in school activities; and (E) because achievement levels in smaller schools are more equitably distributed, students who come from more disadvantaged economic and educational backgrounds show the greatest achievement gains in smaller schools. (6) In 2000, the Bank Street College of Education conducted a study, entitled ``Small Schools: Great Strides'', of more than 150 small schools in Chicago, Illinois. In the study, researchers found the following: (A) Small schools generated measurable benefits (including higher attendance rates, grade point averages, and graduation rates) even among the most academically disadvantaged students. (B) Teachers and parents reported greater satisfaction with small schools. (C) Teachers found that small schools offer a stronger, more collaborative professional learning community and provide opportunities to know students better and to take greater responsibility for their achievement. (D) Parents found that small schools are more accessible, more responsive, and safer. (7) According to a recent study of 13,600 schools in Georgia, Montana, Ohio, and Texas-- (A) in smaller schools the harmful effects of poverty on student achievement were greatly reduced; and (B) in poorer Texas communities, larger schools had significantly lower test scores than smaller schools. (8) Research shows that smaller schools are safer and that students in smaller schools are less likely to join gangs. According to the 1999 report entitled ``Indicators of School Crime and Safety'' issued by the National Center for Education Statistics and the Bureau of Justice Statistics-- (A) the number of criminal acts committed at school and number of incidents of school violence were much lower in schools enrolling between 300 to 1,000 students than in larger schools regardless of location in urban, suburban, or rural areas; and (B) on the urban fringe, at schools within metropolitan areas but not in the areas' central cities, larger schools experienced as many as 4 times as many incidents of serious violence per 1,000 students than smaller schools. (9) Many States and local educational agencies are implementing strategies to reduce the size of their schools, including Florida, where in 2000 Governor Jeb Bush signed a school safety bill that required new schools to serve smaller student populations. The legislation limited new high schools to 900 students. SEC. 3. SMALLER LEARNING COMMUNITIES GRANT PROGRAM. Section 10105 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8005) is amended to read as follows: ``SEC. 10105. SMALLER LEARNING COMMUNITIES. ``(a) Definitions.--In this section, the following definitions apply: ``(1) School.--The term `school' means an elementary school or a secondary school. ``(2) School-within-a-school.--The term `school-within-a- school' means a unit within a school that creates a close and consistent academic and administrative relationship between a group of students and a group of teachers such that the unit functions as an individualized smaller school, regardless of how many such schools-within-a-school exist within the larger school. ``(3) Smaller learning community.--The term `smaller learning community' means-- ``(A) an independent, small school within a single building; ``(B) a school-within-a-school; or ``(C) any other grouping of students, teachers, or administrators that uses effective or innovative strategies to create a more personalized school experience for students to improve student achievement or performance, including but not limited to strategies that make use of-- ``(i) career academies or clusters; ``(ii) magnet schools; ``(iii) restructured daily or school-year schedules; or ``(iv) mentoring systems, such as personal adult advocates or teacher advisory systems. ``(b) Authority To Make Grants.--In accordance with this section, the Secretary may-- ``(1) make grants to local educational agencies to enable such agencies to develop plans to create smaller learning communities; and ``(2) make grants to local educational agencies to enable such agencies to implement plans to establish such communities. ``(c) Application.-- ``(1) In general.--In accordance with this subsection, the Secretary shall require that each local educational agency seeking 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 require. ``(2) Simple, brief application.--In developing applications for the grants described in subsection (b), the Secretary shall develop an application that is simple and brief in form. ``(3) Planning grants.--Each application from a local educational agency for a grant under subsection (b)(1) shall include information relating to each of the following: ``(A) The need in the area administered by the local educational agency for 1 or more smaller learning communities. ``(B) The process the local educational agency intends to follow in establishing 1 or more smaller learning communities. ``(C) The steps the local educational agency intends to follow in order to ensure the viability of each smaller learning community to be assisted with the grant. ``(D) For each smaller learning community to be assisted with the grant, the non-Federal resources that will be available to the local educational agency from each of the following: ``(i) Any existing school at which the smaller learning community will be located. ``(ii) The school district, or area administered by the local educational agency, in which the smaller learning community will be located. ``(4) Implementation grants.--Each application from a local educational agency for a grant under subsection (b)(2) shall include information relating to each of the following: ``(A) The strategies and methods the local educational agency intends to use to create each smaller learning community. ``(B) The curriculum and instructional practices, including any particular themes or emphases, to be used in the learning environment. ``(C) The degree of involvement of teachers, and other school personnel, in investigating, designing, implementing, and sustaining each smaller learning community. ``(D) The process to be used for involving students, parents, and other stakeholders in the development and implementation of each smaller learning community. ``(E) Any cooperation or collaboration among community agencies, organizations, businesses, and others to develop or implement a plan to create each smaller learning community. ``(F) The training and professional development activities that will be offered to teachers and others involved in the activities for which the grant is sought. ``(G) The goals and objectives of the activities for which the grant is sought, including a description of how such activities will better enable all students to reach challenging State content standards and State student performance standards. ``(H) The methods by which the local educational agency will assess progress in meeting the goals and objectives described in subparagraph (G). ``(I) With respect to any smaller learning community that will be a school-within-a-school, the relationship, including governance and administration, between the smaller learning community and the rest of the school. ``(J) The administrative and managerial relationship between the local educational agency and each smaller learning community, including how such agency intends to ensure the continuity of the smaller learning community and the continuity of student and teacher assignment to such community. ``(K) How the local educational agency intends to coordinate the use of the proceeds of the grant with the use of other funds provided under this Act or under other Federal laws. ``(L) The grade levels or ages of students who will participate in each smaller learning community. ``(M) The method of placing students in each smaller learning community. ``(d) Use of Grant Funds.-- ``(1) Planning grants.--The proceeds of a grant made under subsection (b)(1) may be used for any of the following: ``(A) Study of the feasibility of creating a smaller learning community. ``(B) Study of effective and innovative organizational and instructional strategies for use in 1 or more smaller learning communities. ``(C) Research on and development of strategies for creating 1 or more smaller learning communities. ``(D) Research on and development of, for 1 or more smaller learning communities, effective and innovative curriculums and methods of instruction designed to meet high State content standards and State student performance standards. ``(E) Provision of professional development in innovative teaching methods that challenge and engage students to the staff of 1 or more smaller learning communities. ``(F) Development of strategies for the participation in 1 or more smaller learning communities of parents, business representatives, local institutions of higher education, community-based organizations, and other community members, as facilitators of activities that provide professional development for teachers or that provide links between students and their local community. ``(G) Any other reasonable expense, including architectural fees to design or remodel school facilities, but not including the costs directly associated with the renovation of existing facilities or the purchase or construction of new facilities. ``(2) Implementation grants.--The proceeds of a grant made under subsection (b)(2) may be used for any of the following: ``(A) Implementing strategies for creating 1 or more smaller learning communities. ``(B) Implementing within 1 or more smaller learning communities effective and innovative curriculums and methods of instruction designed to meet high State content standards and State student performance standards. ``(C) Implementing strategies for the participation in 1 or more smaller learning communities of parents, business representatives, local institutions of higher education, community-based organizations, and other community members, as facilitators of activities that provide professional development for teachers or that provide links between students and their local community. ``(D) Any other reasonable expense, including architectural fees to design or remodel school facilities, but not including the costs directly associated with the renovation of existing facilities or the purchase or construction of new facilities. ``(e) Equitable Distribution.--In making grants under this section, the Secretary shall ensure that the recipients of grants under subsection (b)(1) and the recipients of grants under subsection (b)(2) are equitably distributed among urban, suburban, and rural areas of the United States. ``(f) Report to the Secretary.--The Secretary shall require as a condition of receipt of each grant under this section that the grant recipient transmit to the Secretary a report on how the proceeds of the grant were used. ``(g) Additional Authority.--To further assist local educational agencies with respect to planning for or implementation of smaller learning communities, the Secretary may-- ``(1) provide technical assistance to such local educational agencies ; and ``(2) participate in networking activities. ``(h) Secretary's Use of Funds.--In each fiscal year, the Secretary may use not more than a total of 5 percent of the amount authorized under subsection (j) for-- ``(1) evaluation of the program authorized by this section; ``(2) the provision of technical assistance under subsection (g)(1); and ``(3) networking activities under subsection (g)(2). ``(i) Study.--The Secretary shall conduct a study to-- ``(1) build on existing research in the smaller learning communities field; ``(2) evaluate and compare outcomes at various types of smaller learning communities, including smaller learning communities in urban, suburban, and rural school districts; and ``(3) track the effectiveness of smaller learning communities. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $200,000,000 for fiscal year 2002 and such sums as may be necessary for the 4 succeeding fiscal years.''.

Summary: Smaller Schools, Stronger Communities Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to local educational agencies to develop and implement plans to create smaller learning communities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Video Choice Act of 2005''. SEC. 2. ESTABLISHMENT OF VIDEO CHOICE REGULATORY RELIEF. The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following new title: ``TITLE VIII--VIDEO CHOICE REGULATORY RELIEF ``SEC. 801. DEFINITIONS. ``(a) Competitive Video Services Provider.--For purposes of this title, the term `competitive video services provider' means any provider of video programming, interactive on-demand services, other programming services, or any other video services, who has, pursuant to any Federal, State, or local law, any right, permission, or authority to establish or use lines in or across public rights-of-way, which right, permission or authority does not rely on, and is independent of, any cable franchise obtained pursuant to section 621. ``(b) Other Terms.--For the purposes of this title, any term used in this title that is defined by section 602 has the meaning provided by that section. ``SEC. 802. REGULATORY RELIEF. ``(a) Redundant Franchises Prohibited.--Notwithstanding any other provision of this Act, no competitive video services provider may be required, whether pursuant to section 621 or to any other provision of Federal, State, or local law, to obtain a franchise, in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in any geographic area if the provider has, pursuant to any Federal, State, or local law, any right, permission, or authority to establish lines in or across public rights-of-way in such geographic area, which right, permission or authority does not rely on, and is independent of, any cable franchise obtained pursuant to section 621. ``(b) Fees.-- ``(1) Fees permitted.--Any competitive video services provider may be subject to the payment of fees to a local franchising authority, based on the gross revenues of the provider within the jurisdiction of such franchising authority, subject to the limitations of paragraph (2). ``(2) Limits on fees.--In determining the fees that may be required under paragraph (1)-- ``(A) the rate at which fees are imposed shall not exceed-- ``(i) the rate at which franchise fees are imposed on any cable operator providing cable service in the jurisdiction of the franchising authority, as determined in accordance with section 622 and any related regulations; or ``(ii) in any jurisdiction in which no cable operator provides service, no more than the rate at which franchise fees could be imposed rate on a cable operator in accordance with section 622 and any related regulations; and ``(B) the only revenues that shall be considered are those attributable to services that would be considered in calculating franchise fees if the provider were deemed a cable operator for purposes of section 622 and any related regulations. ``(3) Itemized billing permitted.--The competitive video services provider may designate that portion of the end user's bill attributable to the fee under this subsection as a separate item on the bill. ``(c) Regulatory Treatment.-- ``(1) Obligations and duties.--Any competitive video services provider shall-- ``(A) be subject to the retransmission consent provisions of section 325(b); ``(B) carry, within each local franchise area, any public, educational, or governmental use channels that are carried by cable operators within such franchise area, and, in any franchise area not served by a cable operator, provide reasonable public, educational or governmental access facilities pursuant to section 611; ``(C) carry the signals of local commercial television stations as required by section 614; ``(D) carry the signals of local noncommercial educational television stations as required by section 615; ``(E) not deny services to any group of potential residential subscribers because of the income of the residents of the local area in which such group resides; ``(F) be entitled to the benefits and protection of section 628; ``(G) protect the personally identifiable information of its subscribers in the same manner as is required of cable operators with respect to subscribers to cable services under section 631; ``(H) comply with any consumer protection and customer service requirements promulgated by the Commission pursuant to section 632; ``(I) be entitled to the benefits and protection of section 633; ``(J) be subject to the requirements of section 641; ``(K) be subject to the prohibition on buy outs of or by the incumbent cable operator under section 652; and ``(L) not be subject to any other provisions of title VI of this Act. ``(2) Determinations of local signals.--For purposes of complying with paragraphs (1) (C) and (D), a competitive video service provider shall treat as local television stations with respect to a customer located within the jurisdiction of any franchising authority the same stations that are treated as local television stations for a cable system located within such jurisdiction. ``(d) Other Regulation Prohibited.--Except to the extent expressly provided in this title, neither the Commission nor any State or political subdivision thereof may regulate the rates, charges, terms, or conditions for, entry into, exit from, deployment or provision of, or any other aspect of the services provided by a competitive video services provider. ``(e) State and Local Government Authority.--Except as provided in subsection (a), nothing in this section affects the authority of a State or local government to manage the public rights-of-way.''. SEC. 3. REGULATION OF COMMON CARRIERS. Section 651(a)(3) of the Communications Act of 1934 (47 U.S.C. 571(a)(3)) is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(C) if such carrier is a competitive video services provider providing video programming pursuant to title VIII of this Act, such carrier shall not be subject to the requirements of this title except as provided in title VIII.''.

Summary: Video Choice Act of 2005 - Amends the Communications Act of 1934 to prohibit a competitive video services provider (CVSP) from being required to obtain a franchise in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in an area in which the CVSP has any right or authority to establish lines in or across public rights-of-way and such right or authority does not rely on, and is independent of, any cable franchise obtained by the CVSP. Allows the CVSP to be subject to the payment of fees (with limits) to a local franchising authority based on the gross revenue of the CVSP in that area. Provides for the regulatory treatment of CVSPs.