SECTION 1. SHORT TITLE. This Act may be cited as the ``National Urban Search and Rescue Response System Act of 2007''. SEC. 2. PURPOSE. The purpose of this Act is to clarify and codify the authority of the Administrator of the Federal Emergency Management Agency to administer the National Urban Search and Rescue Response System for Federal response to all hazards. SEC. 3. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM. (a) In General.--Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end the following: ``SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Administrator.--The term `Administrator' means the Administrator of the Federal Emergency Management Agency. ``(2) Agency.--The term `Agency' means the Federal Emergency Management Agency. ``(3) Hazard.--The term `hazard' has the meaning given that term by section 602. ``(4) Participating agency.--The term `participating agency' means a State or local government, nonprofit organization, or private organization that has executed an agreement with a sponsoring agency to participate in the System. ``(5) Sponsoring agency.--The term `sponsoring agency' means a State or local government that is the sponsor of a task force designated by the Administrator to participate in the System. ``(6) System.--The term `System' means the National Urban Search and Rescue Response System to be administered under this section. ``(7) System member.--The term `System member' means an individual who is not a regular full-time employee of the Federal Government, who serves on a task force or on a System management or other technical team. ``(8) Task force.--The term `task force' means an urban search and rescue team designated by the Administrator to participate in the System. ``(b) General Authority.--Subject to the requirements of this section, the Administrator shall continue to administer the emergency response system known as the `National Urban Search and Rescue Response System'. ``(c) Functions.--In administering the System, the Administrator shall provide for a national network of standardized search and rescue resources to assist States and local governments in responding to hazards. ``(d) Task Forces.-- ``(1) Designation.--The Administrator shall designate task forces to participate in the System. The Administrator shall determine the criteria for such participation. ``(2) Sponsoring agencies.--Each task force shall have a sponsoring agency. The Administrator shall enter into an agreement with the sponsoring agency of each task force with respect to the participation of the task force in the System. ``(3) Composition.-- ``(A) Participating agencies.--A task force may include, at the discretion of the sponsoring agency of the task force, one or more participating agencies. The sponsoring agency of a task force shall enter into an agreement with each participating agency of the task force with respect to the participation of the participating agency on the task force. ``(B) Other individuals.--A task force may also include, at the discretion of the sponsoring agency of the task force, other individuals not otherwise associated with the sponsoring agency or a participating agency of the task force. The sponsoring agency of a task force may enter into a separate agreement with each such individual with respect to the participation of the individual on the task force. ``(e) Management and Technical Teams.--The Administrator shall maintain such management teams and other technical teams as the Administrator determines are necessary to administer the System. ``(f) Appointment of System Members Into Federal Service.-- ``(1) In general.--The Administrator may appoint a System member into Federal service for a period of service to provide for the participation of the System member in exercises, preincident staging, major disaster and emergency response activities, and training events sponsored or sanctioned by the Administrator. ``(2) Nonapplicability of certain civil service laws.--The Administrator may make appointments under paragraph (1) without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. ``(3) Relationship to other authorities.--The authority of the Administrator to make appointments under this subsection shall not affect any other authority of the Administrator under this Act. ``(4) Limitation.--A System member who is appointed into Federal service under paragraph (1) shall not be deemed an employee of the United States for purposes other than those specifically set forth in this section. ``(g) Compensation.-- ``(1) Pay of system members.--Subject to such terms and conditions as the Administrator may impose by regulation, the Administrator shall make payments to the sponsoring agency of a task force-- ``(A) to reimburse each employer of a System member on the task force for compensation paid by the employer to the System member for any period during which the System member is appointed into Federal service under subsection (f)(1); and ``(B) as appropriate, in lieu of providing reimbursement to an employer of a System member on the task force under subparagraph (A), to make payments directly to the System member for any period during which the System member is appointed into Federal service under subsection (f)(1). ``(2) Reimbursement for employees filling positions of system members.-- ``(A) In general.--Subject to such terms and conditions as the Administrator may impose by regulation, the Administrator shall make payments to the sponsoring agency of a task force to reimburse each employer of a System member on the task force for compensation paid by the employer to an employee filling a position normally filled by the System member for any period during which the System member is appointed into Federal service under subsection (f)(1). ``(B) Limitation.--Costs incurred by an employer shall be eligible for reimbursement under subparagraph (A) only to the extent that the costs are in excess of the costs that would have been incurred by the employer had the System member not been appointed into Federal service under subsection (f)(1). ``(3) Method of payment.--A System member shall not be entitled to pay directly from the Agency for a period during which the System member is appointed into Federal service under subsection (f)(1). ``(h) Personal Injury, Illness, Disability, or Death.-- ``(1) In general.--A System member who is appointed into Federal service under subsection (f)(1) and who suffers personal injury, illness, disability, or death as a result of a personal injury sustained while acting in the scope of such appointment shall, for the purposes of subchapter I of chapter 81 of title 5, United States Code, be treated as though the member were an employee (as defined by section 8101 of that title) who had sustained the injury in the performance of duty. ``(2) Election of benefits.-- ``(A) In general.--If a System member (or, in the case of the death of the System member, the System member's dependent) is entitled-- ``(i) under paragraph (1) to receive benefits under subchapter I of chapter 81 of title 5, United States Code, by reason of personal injury, illness, disability, or death, and ``(ii) to receive benefits from a State or local government by reason of the same personal injury, illness, disability, or death, the System member or dependent shall elect to receive either the benefits referred to in clause (i) or (ii). ``(B) Deadline.--A System member or dependent shall make an election of benefits under subparagraph (A) not later than one year after the date of the personal injury, illness, disability, or death that is the reason for the benefits or until such later date as the Secretary of Labor may allow for reasonable cause shown. ``(C) Effect of election.--An election of benefits made under this paragraph is irrevocable unless otherwise provided by law. ``(3) Reimbursement for state or local benefits.--Subject to such terms and conditions as the Administrator may impose by regulation, in the event that a System member or dependent elects benefits from a State or local government under paragraph (2)(A), the Administrator shall reimburse the State or local government for the value of those benefits. ``(i) Liability.--A System member appointed into Federal service under subsection (f)(1), while acting within the scope of the appointment, is deemed an employee of the United States under section 1346(b) of title 28, United States Code, and chapter 171 of that title, relating to tort claims procedure. ``(j) Employment and Reemployment Rights.--With respect to a System member who is not a regular full-time employee of a sponsoring agency or participating agency, the following terms and conditions apply: ``(1) Service as a System member shall be deemed `service in the uniformed services' for purposes of chapter 43 of title 38, United States Code, relating to employment and reemployment rights of individuals who have performed service in the uniformed services (regardless of whether the individual receives compensation for such participation). All rights and obligations of such persons and procedures for assistance, enforcement, and investigation shall be as provided for in such chapter. ``(2) Preclusion of giving notice of service by necessity of appointment under this section shall be deemed preclusion by `military necessity' for purposes of section 4312(b) of title 38, United States Code, pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the Administrator and shall not be subject to judicial review. ``(k) Licenses and Permits.--If a System member holds a valid license, certificate, or other permit issued by any State or other governmental jurisdiction evidencing the member's qualifications in any professional, mechanical, or other skill or type of assistance required by the System, the System member shall be deemed to be performing a Federal activity when rendering aid involving such skill or assistance during a period of appointment into Federal service under subsection (f)(1). ``(l) Advisory Committee.-- ``(1) In general.--The Administrator shall establish and maintain an advisory committee to provide expert recommendations to the Administrator in order to assist the Administrator in administering the System. ``(2) Composition.--The advisory committee shall be composed of members from geographically diverse areas, and shall include-- ``(A) the chief officer or senior executive from at least 3 sponsoring agencies; ``(B) the senior emergency manager from at least 2 States that include sponsoring agencies; and ``(C) at least one representative recommended by the leaders of the task forces. ``(3) Inapplicability of termination requirement.--Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee under this subsection. ``(m) Preparedness Cooperative Agreements.-- ``(1) In general.--Subject to the availability of appropriations for such purpose, the Administrator shall enter into an annual preparedness cooperative agreement with each sponsoring agency. Amounts made available to a sponsoring agency under such a preparedness cooperative agreement shall be for the following purposes: ``(A) Training and exercises with other Federal, State, and local government response entities. ``(B) Acquisition and maintenance of equipment, including interoperable communications and personal protective equipment. ``(C) Medical monitoring required for responder safety and health in anticipation of and following a major disaster, emergency, or other hazard, as determined by the Administrator. ``(2) Availability of appropriations.--Notwithstanding section 1552(b) of title 31, United States Code, amounts made available for cooperative agreements under this subsection that are not expended shall be deposited in an Agency account and shall remain available for such agreements without fiscal year limitation. ``(n) Response Cooperative Agreements.--The Administrator shall enter into a response cooperative agreement with each sponsoring agency, as appropriate, under which the Administrator agrees to reimburse the sponsoring agency for costs incurred by the sponsoring agency in responding to a major disaster, emergency, or other hazard as determined by the Administrator. ``(o) Obligations.--The Administrator may incur all necessary obligations consistent with this section in order to ensure the effectiveness of the System. ``(p) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $52,000,000 for each of fiscal years 2009, 2010, and 2011. Such sums shall be in addition to amounts made available from the Disaster Relief Fund for response cooperative agreements entered into under subsection (n). ``(2) Administrative expenses.--The Administrator may use not to exceed 6 percent of the funds appropriated for a fiscal year pursuant to paragraph (1) for salaries, expenses, and other administrative costs incurred by the Administrator in carrying out this section.''. (b) Conforming Amendments.-- (1) Applicability of title 5, united states code.--Section 8101(1) of title 5, United States Code, is amended-- (A) in subparagraph (D) by striking ``and'' at the end; (B) in subparagraph (E) by inserting ``and'' after the semicolon; and (C) by adding at the end the following: ``(F) an individual who is a System member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.''. (2) Inclusion as part of uniformed services for purposes of userra.--Section 4303 of title 38, United States Code, is amended-- (A) in paragraph (13) by inserting ``a period for which a System member of the National Urban Search and Rescue Response System is absent from a position of employment due to an appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,'' before ``, and a period''; and (B) in paragraph (16) by inserting after ``Public Health Service,'' the following: ``, System members of the National Urban Search and Rescue Response System during a period of appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,''.

Summary: National Urban Search and Rescue Response System Act of 2007 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Administrator of the Federal Emergency Management Agency (FEMA) to: (1) continue to administer the National Urban Search and Rescue Response System; (2) provide for a national network of standardized search and rescue resources; (3) designate task forces to participate in the System and determine criteria for participation; and (4) enter into an agreement with the required sponsoring agency of each task force regarding participation. Sets forth provisions regarding the composition of task forces and reimbursement. Authorizes the Administrator to appoint a System member for a period of federal service to participate in sponsored or sanctioned exercises, pre-incident staging, major disaster and emergency response activities, and training events. Entitles a member who suffers personal injury, illness, disability, or death while acting in the scope of such appointment to be treated as an employee who sustained the injury in the performance of duty. Sets forth provisions regarding election of benefits, liability, employment and re-employment rights, and licenses and permits. Directs the Administrator to: (1) establish and maintain an advisory committee; and (2) enter into an annual preparedness cooperative agreement with each agency; and (3) enter into response cooperative agreements under which the Administrator agrees to reimburse agencies for emegency response costs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Confederate Commemorative Works Inventory and Joint Resource Study Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The American Civil War was fought between 1861 and 1865. (2) As early as 1864, efforts were underway to preserve places that had been the location of pivotal battles during the Civil War, even before surrender occurred. (3) The National Park Service preserves unimpaired the natural and cultural resources and values of the National Park System for the enjoyment, education, and inspiration of this and future generations, including sites dedicated to the interpretation of the American Civil War. (4) The National Park Service, the Department of Veterans Affairs, and the Department of Defense administer public lands that are responsible for Confederate commemorative works. (5) There are 147 national cemeteries in the United States. Fourteen are maintained by the Department of the Interior, through the National Park Service. The Department of Veterans Affairs, through the National Cemetery Administration, administers 131 cemeteries. The Department of Defense, through the Army, administers 2 cemeteries. (6) The Department of Defense has jurisdiction over-- (A) 10 major United States military installations named in honor of Confederate military leaders; and (B) Navy ships named after Confederate victories. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Confederate commemorative work.--The term ``Confederate commemorative work''-- (A) means any work that mentions individuals or units who participated or served in the advancement of Confederate efforts; and (B) includes the Confederate flag and any other symbols or signage that honors the Confederacy, including any monument, statue, or plaque that honors a Confederate leader, soldier, or supporter of the Confederate States of America. (2) Confederate flag.--The term ``Confederate flag''-- (A) means the national flag of the Confederacy from 1861 through 1865; and (B) includes the Stars and Bars, the Stainless Banner, the Blood-Stained Banner, the Confederate States Navy flag, the battle flag of the Army of Northern Virginia, any State or regimental flag as such flag was depicted during 1861-1865, and modern representations of the Confederate battle flag. (3) Director.--The term ``Director'' means the Director of the National Park Service. (4) Secretary concerned.--The term ``Secretary concerned'' means the Secretary of the Interior, the Secretary of Defense, and the Secretary of Veterans Affairs, each in reference to Federal land under the jurisdiction of that Secretary. SEC. 4. INVENTORY AND RESOURCE STUDY. (a) In General.--Each Secretary concerned shall-- (1) conduct a full inventory of Confederate commemorative works under the administrative jurisdiction of that Secretary; and (2) submit a copy of that inventory to the Director. (b) Contents of Study.--Using the inventories received pursuant to subsection (a), the Director shall conduct a special resource study that-- (1) examines works, commemorating and interpreting the Civil War, the commemoration thereof, the soldiers, people on the home front and battle lines, and the related locations in the United States from 1861 through 1865; and (2) identifies-- (A) a historical assessment, based on extensive research, of each inventoried Confederate commemorative work; (B) an evaluation of the suitability and feasibility of retaining the Confederate commemorative work; (C) the identification of properties that could meet criteria for listing in the National Register of Historic Places or criteria for designation as National Historic Landmarks or if the Confederate commemorative work is already on the or part of, another designation or district; (D) an evaluation of relevant historical research on, education about, interpretation of, and public awareness of the Confederate commemorative work; and (E) any other matters that the Director determines to be appropriate for this study. (c) Report.--Not later than 2 years after funds are made available for the study, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the findings of the study required under subsection (b) and any related recommendations.

Summary: Confederate Commemorative Works Inventory and Joint Resource Study Act This bill directs the Departments of the Interior, Defense, and Veterans Affairs to each conduct a full inventory of specified Confederate commemorative works, including flags and other symbols or signage, on the public lands under their jurisdiction. Using such inventories, the National Park Service shall conduct a special resource study to examine the works commemorating and interpreting the Civil War and commemorating, with respect to such war, the soldiers, people on the home front and battle lines, and related locations in the United States from 1861-1865. Among contents required to be identified by the study are historical assessments of each work, the suitability and feasibility of retaining works, identification of properties that could meet the criteria for designation as national historic sites, and an evaluation of historical research.


SECTION 1. SHORT TITLE; PURPOSE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Make Education Local Act of 2018''. (b) Purpose.--The purposes of this Act are as follows: (1) To give States and local communities added flexibility and control to determine how to improve academic achievement and implement education policy. (2) To reduce the administrative costs and compliance burden of Federal education programs in order to focus Federal resources on improving academic achievement. (3) To ensure that States and communities are accountable to the public and to parents for advancing the academic achievement of all students, especially disadvantaged children. (c) Definitions.-- (1) In general.--Except as otherwise provided, the terms used in this Act have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.). (2) Other terms.--In this Act: (A) Accountability.--The term ``accountability'' means that public schools are answerable to parents and other taxpayers for the use of public funds and shall report student academic progress to parents and taxpayers regularly. (B) State.--The term ``State'' has the meaning given such term in section 1122(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6332(e)). (C) State management decision.--The term ``State management decision'' means a decision by a State, as determined by State Authorizing Officials or by referendum, to assume full management responsibility for the expenditure of Federal funds for certain eligible programs for the purpose of advancing, on a more comprehensive and effective basis, the educational policy of such State. (D) State authorizing officials.--The term ``State Authorizing Officials'' means the State officials who shall authorize the submission of a State management decision, and any amendments thereto, on behalf of the State. Such officials shall include not less than 2 of the following: (i) The governor of the State. (ii) The highest elected education official of the State, if any. (iii) The legislature of the State. (E) State designated officer.--The term ``State Designated Officer'' means the person designated by the State Authorizing Officials to submit to the Secretary, on behalf of the State, a State management decision, and any amendments thereto, and to function as the point-of-contact for the State for the Secretary and others relating to any responsibilities arising under this Act. SEC. 2. STATE MANAGEMENT DECISION. (a) In General.--Each State is authorized to submit to the Secretary a State management decision permitting the State to receive Federal funds on a consolidated basis to manage the expenditure of such funds to advance the educational policy of the State. (b) Programs Eligible for Consolidation and Permissible Use of Funds.-- (1) Scope.--A State may choose to include within the scope of the State management decision of the State any program for which Congress makes funds available to the State if the program is for a purpose described in the Elementary and Education Secondary Act of 1965 (20 U.S.C. 6301). A State may not include any program funded pursuant to the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (2) Uses of funds.--Funds made available to a State pursuant to a State management decision under this Act shall be used for any educational purpose permitted by State law of the State submitting a State management decision. (3) Removal of fiscal and accounting barriers.--Each State educational agency that operates under a State management decision under this Act may modify or eliminate State fiscal and accounting barriers that prevent local educational agencies and schools from easily consolidating funds from other eligible Federal, State, and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements. (c) Contents of Decision.--Each State management decision shall contain-- (1) a list of eligible programs that are subject to the State management decision; (2) an assurance that the submission of the State management decision has been authorized by the State Authorizing Officials, specifying the identity of the State Designated Officer; (3) the duration of the State management decision; (4) an assurance that the State will use fiscal control and fund accounting procedures; (5) an assurance that the State will meet the requirements of applicable Federal civil rights laws in carrying out the State management decision and in consolidating and using the funds under the State management decision; (6) an assurance that in implementing the State management decision the State will seek to advance educational opportunities for the disadvantaged; (7) a description of the plan for maintaining direct accountability to parents and other citizens of the State; (8) an assurance that in implementing the State management decision, the State will seek to use Federal funds to supplement, rather than supplant, State education funding; and (9) a description of how the State will address persistently failing public schools. (d) Minimum Duration.--The duration of the State management decision shall-- (1) be greater than or equal to 5 years; and (2) be less than or equal to 10 years. (e) Review, Implementation, and Recognition by the Secretary.-- (1) In general.--The Secretary shall review the State management decision received from the State Designated Officer not more than 60 days after the date of receipt of such decision, and shall approve, with respect to permitting the State to receive the funds described in subsection (a), such State management decision unless the State management decision fails to meet the requirements under subsection (c). (2) Recognition by operation of law.--If the Secretary fails to take action within the time specified in paragraph (1), the State management decision, as submitted, shall be deemed to be approved. (f) Amendment to State Management Decision.-- (1) In general.--The State Authorizing Officials may direct the State Designated Officer to submit amendments to a State management decision that is in effect. Such amendments shall be submitted to the Secretary and considered by the Secretary in accordance with subsection (e). (2) Amendments authorized.--A State management decision that is in effect may be amended to-- (A) expand the scope of such State management decision to encompass additional eligible programs; (B) reduce the scope of such State management decision by excluding coverage of a Federal program included in the original State management decision; (C) modify the duration of such State management decision; or (D) achieve such other modifications as the State Authorizing Officials deem appropriate. (3) Effective date.--The amendment shall specify an effective date. Such effective date shall provide adequate time to assure full compliance with Federal program requirements relating to an eligible program that has been removed from the coverage of the State management decision by the proposed amendment. (4) Treatment of program funds withdrawn from state management decision.--Beginning on the effective date of an amendment executed under paragraph (2)(B), each program requirement of each program removed from the State management decision shall apply to the State's use of funds made available under the program. SEC. 3. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION. (a) In General.--Each State operating under a State management decision under this Act shall inform parents and the general public regarding the student achievement assessment system, demonstrating student progress relative to the State's determination of student proficiency, as described in paragraph (2), for the purpose of public accountability to parents and taxpayers. (b) Accountability System.-- (1) In general.--The State shall determine and establish an accountability system to ensure accountability under this Act. (2) Academic achievement.--Any accountability system established by a State pursuant paragraph (1) shall-- (A) be focused on the academic achievement of students; and (B) include a system, as determined by the State, of evaluating the academic achievement and progress of students. (c) Report on Student Progress.--Not later than 1 year after the effective date of the State management decision, and annually thereafter, a State shall, in a format acceptable to such State, disseminate widely to parents and the general public a report that describes student progress. The report shall include-- (1) student performance data disaggregated by various student groups, as determined by the State; (2) a description of other high-quality school options available to parents in the State; and (3) a description of how the State has used Federal funds to improve academic achievement, reduce achievement disparities between various student groups, and improve educational opportunities. SEC. 4. ADMINISTRATIVE EXPENSES. (a) In General.--Except as provided in subsection (b), the amount that a State with a State management decision may expend for administrative expenses shall be limited to 1 percent of the aggregate amount of Federal funds made available to the State through the eligible programs included within the scope of such State management decision. (b) States Not Consolidating Funds Under Part A of Title I.--If the State management decision does not include within its scope part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), the amount spent by the State on administrative expenses shall be limited to 3 percent of the aggregate amount of Federal funds made available to the State pursuant to such State management decision. SEC. 5. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS. Each State consolidating and using funds pursuant to a State management decision under this Act shall provide for the participation of private school children and teachers in the activities assisted under the State management decision in the same manner as participation is provided to private school children and teachers under section 9501 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881).

Summary: Make Education Local Act of 2018 This bill authorizes each state that submits to the Department of Education a state management decision to receive federal education funding on a consolidated basis. A state may use funding received pursuant to such a decision for any educational purpose. Each state management decision shall contain specified information, including: (1) a list of programs that are subject to the state management decision, and (2) a description of how the state will address persistently failing public schools. Each state operating under a state management decision shall: (1) establish an accountability system focused on assessing the academic achievement of students, (2) inform the public regarding the student-achievement assessment system, (3) report annually to parents and the general public on student progress and other school options available in the state, and (4) provide for the equitable program participation of private-school children and teachers in the same manner as provided under current law.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Republican Form of Government Guarantee Act''. SEC. 2. FINDINGS. Congress finds that-- (1) section 4 of article IV of the Constitution provides that the United States shall guarantee a republican form of government to the States; (2) organized criminal actions are an increasing threat to the republican form of government in some States; (3) people who are responsible for upholding the laws of the United States and the several States, and people who assist them, have been threatened, harassed, and assaulted because of these activities; (4) this violence is having a chilling effect on the democratic process because Americans are afraid to participate in town hall meetings, express their views publicly, or take part in the political process; (5) most victims are targeted solely because of their views or activism on controversial political issues such as gun control, abortion, environmental matters, or the role of government in society; (6) this violence is causing a breakdown of law and order in many parts of the United States; (7) this violence has increased in part because of unfounded exaggerations about the impact of recent firearms laws such as the Brady Law and the ban on assault weapons, as well as baseless conspiracy theories regarding the government; and (8) the climate of violence created by these criminals threatens to undermine republican government in some States. SEC. 3. PROTECTION AGAINST ASSAULT. Section 111(a) of title 18, United States Code, is amended-- (1) in paragraph (1), by inserting ``who is an officer or employee of any State or local government, is assisting such an officer or employee in the performance of official duty, or is'' after ``any person''; and (2) in paragraph (2), by striking ``designated in section 1114'' and inserting ``described in paragraph (1)''. SEC. 4. INCREASED PENALTIES. (a) Assault.--Section 111 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``shall, where'' and all that follows through the end of the subsection and inserting ``shall be punished as is provided in subsection (b)''; and (2) so that subsection (b) reads as follows: ``(b) Penalties.--Whoever is convicted of an offense under this section shall be fined under this title and imprisoned not less than 2 nor more than 3 years, except that-- ``(1) in the case of a second or subsequent offense the maximum term or imprisonment shall be not more than 5 years; and ``(2) in the case of an offense committed with a deadly weapon, the offender shall be imprisoned not less than 8 nor more than 10 years.''. (b) Extortion and Threats.-- (1) Interstate communications.--Section 875 of title 18, United States Code, is amended in subsection (c), by striking ``not more than five years, or both'' and inserting ``not less than 2 nor more than 5 years''. (2) Mailing threatening communications.--Section 876 of title 18, United States Code, is amended in the third undesignated paragraph, by striking ``not more than five years, or both'' and inserting ``not less than 2 nor more than 5 years''. SEC. 5. RIGHT TO PARTICIPATE IN A REPUBLICAN FORM OF GOVERNMENT; ENFORCEMENT. (a) Reaffirmation of Right.--Each person not otherwise disqualified, barred, or disabled by State or Federal law shall have the right to participate in a republican form of State government free from interference from unlawful violence and the reasonably perceived threat of unlawful violence. (b) Right To Participate Defined.--As used in subsection (a), the term ``right to participate in a republican form of State government'' means the right to-- (1) carry out the duties of a State, county, or local office to which the person has been duly elected or appointed; (2) lawfully assist any duly elected or appointed person described in paragraph (1) in carrying out such duties; (3) run for elective office, campaign for such office on one's own behalf, or campaign on behalf of another's candidacy, in accordance with applicable State and local laws; (4) initiate and campaign for any initiative, referendum, petition, or similar political exercise, in accordance with applicable State and local laws; (5) assemble peaceably to petition the Federal, State, or local government, or to attend any public forum concerning such Federal, State, or local government; and (6) exercise the rights guaranteed under article IV of the Constitution of the United States, and the 1st and 14th amendments thereto. (c) Enforcement.-- (1) In general.--A person whose right under subsection (a) is violated by any person or organization may bring an action in any United States district court against such other person or organization for damages, injunctive relief, and such other relief as the court deems appropriate. (2) Government remedy.--The chief executive officer of any State may bring an action in any United States district court located within that State for damages, injunctive relief, and such other relief as the court deems appropriate against any organization wherever located which unlawfully violates or which conspires, attempts, aids, or abets another person or organization to unlawfully violate the right under subsection (a) of any resident of that State. (3) Authority to award a reasonable attorney's fee.--In an action brought under paragraph (1) or (2), the court, in its discretion, may allow the prevailing plaintiff a reasonable attorney's fee as part of the costs. (4) Statute of limitations.--An action may not be brought under paragraph (1) or (2) after the 5-year period that begins with the date that the violation described in paragraph (1) is discovered. SEC. 6. LAW ENFORCEMENT TRAINING. The Attorney General, in consultation with the Secretaries of Treasury, Agriculture, and the Interior, shall develop and implement a training program for Federal law enforcement personnel to enable such personnel to deal more effectively with politically motivated violence. SEC. 7. FEDERAL PAYMENTS WITHHELD. (a) Complaint.--If an agency determines that in any county any of that agency's employees or agents is being unlawfully physically prevented or impeded, by employees or agents of a State, county, or local government, from carrying out lawful duties, the agency may file a complaint with the Attorney General. (b) Escrow.--The Attorney General shall investigate the complaint, and if the Attorney General finds the complaint is meritorious, the Attorney General may place in escrow any payments that otherwise would be made to that county under the Payments in Lieu of Taxes Act of 1976 (31 U.S.C. 6901 et seq.), until such time as the Attorney General is satisfied that such interference has ceased. (c) Rules.--The Attorney General shall make rules governing the procedures used to carry out this section.

Summary: Republican Form of Government Guarantee Act - Revises Federal criminal code provisions setting penalties for assaulting, resisting, intimidating, or impeding any of specified U.S. officers and employees (including Federal judges), to: (1) cover persons who commit such acts against State or local government officers or employees or persons assisting such officers or employees in the performance of official duty; and (2) increase penalties for such acts. Sets a minimum term of two years' imprisonment for: (1) transmitting in interstate or foreign commerce any communication containing a threat to kidnap or injure any person; and (2) depositing, or causing to be delivered, any communication threatening to kidnap or injure any person. Declares that each person not otherwise disqualified, barred, or disabled by State or Federal law shall have the right to participate in a republican form of State government free from interference from unlawful violence and the reasonably perceived threat of such violence. Creates a private cause of action, as well as a government remedy (enforceable by the chief executive officer of any State) against any individual or organization for a violation of that right. Authorizes the court to award a reasonable attorney's fee to a prevailing plaintiff. Sets a five-year statute of limitations that begins with the date of discovery of the violation. Directs the Attorney General to develop and implement a training program for Federal law enforcement personnel to enable them to deal more effectively with politically motivated violence. Authorizes an agency that determines that an agency employee or agent is being unlawfully and physically prevented from carrying out lawful duties by employees or agents of a State, county, or local government, to file a complaint with the Attorney General. Directs the Attorney General to investigate the complaint and, if the Attorney General finds the complaint is meritorious, to place in escrow any payments that otherwise would be made to that county under the Payments in Lieu of Taxes Act of 1976 until such time as such interference has ceased.


SECTION 1. SHORT TITLE. This Act may be cited as ``The VA Vision Scholars Act of 2007''. SEC. 2. VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS EDUCATION ASSISTANCE PROGRAM. (a) Establishment of Program.--Part V of title 38, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 80--VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS EDUCATION ASSISTANCE PROGRAM ``Sec. ``8001. Establishment of scholarship program; purpose. ``8002. Application and acceptance. ``8003. Amount of assistance; duration. ``8004. Agreement. ``8005. Repayment for failure to satisfy requirements of agreement. ``Sec. 8001. Establishment of scholarship program; purpose ``(a) Establishment.--Subject to the availability of appropriations, the Secretary shall establish and carry out a scholarship program to provide financial assistance in accordance with this chapter to an individual-- ``(1) who is accepted for enrollment or currently enrolled in a program of study leading to a degree or certificate in visual impairment or orientation and mobility, or a dual degree or certification in both such areas, at an accredited (as determined by the Secretary) educational institution that is in a State; and ``(2) who enters into an agreement with the Secretary as described in section 8004 of this title. ``(b) Purpose.--The purpose of the scholarship program established under this chapter is to increase the supply of qualified blind rehabilitation specialists for the Department and the Nation. ``(c) Outreach.--The Secretary shall publicize the scholarship program established under this chapter to educational institutions throughout the United States, with an emphasis on disseminating information to such institutions with high numbers of Hispanic students and to Historically Black Colleges and Universities. ``Sec. 8002. Application and acceptance ``(a) Application.--(1) To apply and participate in the scholarship program under this chapter, an individual shall submit to the Secretary an application for such participation together with an agreement described in section 8004 of this title under which the participant agrees to serve a period of obligated service in the Department as provided in the agreement in return for payment of educational assistance as provided in the agreement. ``(2) In distributing application forms and agreement forms to individuals desiring to participate in the scholarship program, the Secretary shall include with such forms the following: ``(A) A fair summary of the rights and liabilities of an individual whose application is approved (and whose agreement is accepted) by the Secretary. ``(B) A full description of the terms and conditions that apply to participation in the scholarship program and service in the Department. ``(b) Approval.--(1) Upon the Secretary's approval of an individual's participation in the scholarship program, the Secretary shall, in writing, promptly notify the individual of that acceptance. ``(2) An individual becomes a participant in the scholarship program upon such approval by the Secretary. ``Sec. 8003. Amount of assistance; duration ``(a) Amount of Assistance.--The amount of the financial assistance provided for an individual under this chapter shall be the amount determined by the Secretary as being necessary to pay the tuition and fees of the individual. In the case of an individual enrolled in a program of study leading to a dual degree or certification in both the areas of study described in section 8001(a)(1) of this title, the tuition and fees shall not exceed the amounts necessary for the minimum number of credit hours to achieve such dual certification or degree. ``(b) Relationship to Other Assistance.--Financial assistance may be provided to an individual under this chapter to supplement other educational assistance to the extent that the total amount of educational assistance received by the individual during an academic year does not exceed the total tuition and fees for such academic year. ``(c) Maximum Amount of Assistance.--(1) In no case may the total amount of assistance provided under this chapter for an academic year to an individual who is a full-time student exceed $15,000. ``(2) In the case of an individual who is a part-time student, the total amount of assistance provided under this chapter shall bear the same ratio to the amount that would be paid under paragraph (1) if the participant were a full-time student in the program of study being pursued by the individual as the coursework carried by the individual to full-time coursework in that program of study. ``(3) In no case may the total amount of assistance provided to an individual under this chapter exceed $45,000. ``(d) Maximum Duration of Assistance.--The Secretary may provide financial assistance to an individual under this chapter for not more than six years. ``Sec. 8004. Agreement ``An agreement between the Secretary and a participant in the scholarship program under this chapter shall be in writing, shall be signed by the participant, and shall include the following: ``(1) The Secretary's agreement to provide the participant with financial assistance as authorized under this chapter. ``(2) The participant's agreement-- ``(A) to accept such financial assistance; ``(B) to maintain enrollment and attendance in the program of study described in section 8001(a)(1) of this chapter; ``(C) while enrolled in such program, to maintain an acceptable level of academic standing (as determined by the educational institution offering such program under regulations prescribed by the Secretary); and ``(D) after completion of the program, to serve as a full-time employee in the Department for a period of three years, to be served within the first six years after the participant has completed such program and received a degree or certificate described in section 8001(a)(1) of this chapter. ``(3) Such other terms and conditions that the Secretary determines appropriate for carrying out this chapter. ``Sec. 8005. Repayment for failure to satisfy requirements of agreement ``(a) In General.--An individual who receives educational assistance under this chapter shall repay to the Secretary an amount equal to the unearned portion of such assistance if the individual fails to satisfy the requirements of the agreement entered into under section 8004 of this title, except in circumstances authorized by the Secretary. ``(b) Amount of Repayment.--The Secretary shall establish, by regulations, procedures for determining the amount of the repayment required under this section and the circumstances under which an exception to the required repayment may be granted. ``(c) Waiver or Suspension of Compliance.--The Secretary shall prescribe regulations providing for the waiver or suspension of any obligation of an individual for service or payment under this chapter (or an agreement under this chapter) whenever noncompliance by the individual is due to circumstances beyond the control of the individual or whenever the Secretary determines that the waiver or suspension of compliance is in the best interest of the United States. ``(d) Obligation as Debt to United States.--An obligation to repay the Secretary under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after the date of the termination of the agreement or contract on which the debt is based.''. (b) Clerical Amendments.--The tables of chapters at the beginning of title 38, and of part V of title 38, are each amended by inserting after the item relating to chapter 79 the following new item: ``80. Visual Impairment and Orientation and Mobility 8001.''. Professionals Education Assistance Program. (c) Effective Date.--The Secretary of Veterans Affairs shall implement chapter 80 of title 38, United States Code, as added by subsection (a), not later than six months after the date of the enactment of this Act.

Summary: VA Vision Scholars Act of 2007 - Directs the Secretary of Veterans Affairs to establish and carry out a scholarship program of financial assistance for individuals who: (1) are accepted for, or currently enrolled in, a program of study leading to a degree or certificate in visual impairment or orientation and mobility, or both; and (2) enter into an agreement to serve, after program completion, as a full-time Department of Veterans Affairs (VA) employee for three years within the first six years after program completion. Sets maximum assistance amounts of $15,000 per academic year and $45,000 total. Requires pro rate repayment for failure to satisfy education or service requirements, while allowing the Secretary to waive or suspend such repayment whenever noncompliance is due to circumstances beyond the control of the participant, or when waiver or suspension is in the best interests of the United States.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Ozone National Ambient Air Quality Standard Deadline Harmonization Act of 2015''. SEC. 2. FINDINGS. The Congress finds the following: (1) Ozone precursor emissions have been reduced by over 50 percent since 1980, resulting in a 33-percent improvement of ozone air quality. The Environmental Protection Agency projects this improvement will continue even under rules and programs already in place. (2) States are just beginning to implement the 2008 ozone standards, for which the Environmental Protection Agency published State implementation plan requirements on February 13, 2015. Notwithstanding this delayed implementation of the 2008 ozone standards, the Environmental Protection Agency published the 2015 ozone standards on October 26, 2015. (3) With publication of the 2015 ozone standards so early in the implementation of the 2008 ozone standards, States face the prospect of simultaneously implementing two national ambient air quality standards for ozone. (4) In addition, counties face severe statutorily imposed consequences if designated as nonattainment or for failing to meet attainment deadlines, even if those counties would ultimately achieve attainment with no further action. (5) If the 2008 and 2015 ozone standards implementation schedules are not harmonized, already strained State resources will be burdened by overlapping implementation schedules, and counties that are projected to achieve necessary air quality improvements will face significant and permanent sanctions. SEC. 3. OZONE STANDARDS IMPLEMENTATION SCHEDULE HARMONIZATION. (a) Designation Submission.--Not later than October 26, 2024, the Governor of each State shall designate in accordance with section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) all areas (or portions thereof) of the Governor's State as attainment, nonattainment, or unclassifiable with respect to the 2015 ozone standards. (b) Designation Promulgation.--Not later than October 26, 2025, the Administrator shall promulgate final designations under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) for all areas in all States with respect to the 2015 ozone standards, including any modifications to the designations submitted under subsection (a). (c) State Implementation Plans.--Not later than October 26, 2026, notwithstanding the deadline specified in section 110(a)(1) of the Clean Air Act (42 U.S.C. 7410(d)(1)), each State shall submit the plan required by such section 110(a)(1) for the 2015 ozone standards. SEC. 4. CERTAIN PRECONSTRUCTION PERMITS. (a) In General.--The 2015 ozone standards shall not apply to the review and disposition of a preconstruction permit application if-- (1) the Administrator or the State, local, or tribal permitting authority, as applicable, determines the application to be complete on or before the date of promulgation of final designations under section 3(b); or (2) the Administrator or the State, local, or tribal permitting authority, as applicable, publishes a public notice of a preliminary determination or draft permit for the application before the date that is 60 days after the date of promulgation of final designations under section 3(b). (b) Rules of Construction.--Nothing in this section shall be construed to-- (1) eliminate the obligation of a preconstruction permit applicant to install best available control technology and lowest achievable emissions rate technology, as applicable; or (2) limit the authority of a State, local, or tribal permitting authority to impose more stringent emissions requirements pursuant to State, local, or tribal law than Federal national ambient air quality standards established by the Environmental Protection Agency. SEC. 5. ADJUSTMENT OF 5-YEAR REVIEW CYCLE. (a) 10-Year Cycle for All Criteria Air Pollutants.--Paragraphs (1) and (2)(B) of section 109(d) of the Clean Air Act (42 U.S.C. 7409(d)) are amended by striking ``five-year intervals'' each place it appears and inserting ``ten-year intervals''. (b) Cycle for Next Review of Ozone Criteria and Standards.-- Notwithstanding section 109(d) of the Clean Air Act (42 U.S.C. 7409(d)), the Administrator of the Environmental Protection Agency shall not-- (1) complete, before October 26, 2025, any review of the criteria for ozone published under section 108 of such Act (42 U.S.C. 7408) or the national ambient air quality standard for ozone promulgated under section 109 of such Act (42 U.S.C. 7409); or (2) propose, before such date, any revisions to such criteria or standards. SEC. 6. DEFINITIONS. In this Act: (1) The term ``2008 ozone standards'' means the national ambient air quality standards for ozone published in the Federal Register on March 27, 2008 (73 Fed. Reg. 16436). (2) The term ``2015 ozone standards'' means the national ambient air quality standards for ozone published in the Federal Register on October 26, 2015 (80 Fed. Reg. 65292). (3) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (4) The term ``best available control technology'' has the meaning given to that term in section 169(3) of the Clean Air Act (42 U.S.C. 7479(3)). (5) The term ``lowest achievable emissions rate'' has the meaning given to that term in section 171(3) of the Clean Air Act (42 U.S.C. 7501(3)). (6) The term ``preconstruction permit''-- (A) means a permit that is required under part C or D of title I of the Clean Air Act (42 U.S.C. 7470 et seq.) for the construction or modification of a major emitting facility or major stationary source; and (B) includes any such permit issued by the Environmental Protection Agency or a State, local, or tribal permitting authority.

Summary: Ozone National Ambient Air Quality Standard Deadline Harmonization Act of 2015 This bill delays the implementation of the Environmental Protection Agency's (EPA) 2015 national ambient air quality standards (NAAQS) for ozone issued under the Clean Air Act. Each state must designate all of its areas as attainment, nonattainment, or unclassifiable with respect to the 2015 ozone standards by October 26, 2024. The EPA must promulgate final designations for those areas by October 26, 2025. States must submit a state implementation plan for the 2015 ozone standards by October 26, 2026. The 2015 ozone standards do not apply to the review and disposition of an application for a preconstruction permit for the construction or modification of a major emitting facility or major stationary source if: (1) the application is completed before final designations under the Clean Air Act, or (2) the applicable permitting authority publishes a public notice of a preliminary determination or draft permit for the application before a certain date. The bill changes the interval by which the EPA must review its NAAQS for criteria pollutants from a 5-year review cycle to a 10-year review cycle. The EPA must not complete any review of ozone criteria or its ozone NAAQS before October 26, 2025, or propose any revisions to them.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Department of Energy Laboratory Modernization and Technology Transfer Act of 2015''. (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. Savings clause. TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY Sec. 101. Technology transfer and transitions assessment. Sec. 102. Sense of Congress. Sec. 103. Nuclear energy innovation. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS Sec. 201. Agreements for Commercializing Technology pilot program. Sec. 202. Public-private partnerships for commercialization. Sec. 203. Inclusion of early-stage technology demonstration in authorized technology transfer activities. Sec. 204. Funding competitiveness for institutions of higher education and other nonprofit institutions. Sec. 205. Participation in the Innovation Corps program. TITLE III--ASSESSMENT OF IMPACT Sec. 301. Report by Government Accountability Office. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Energy. (2) National laboratory.--The term ``National Laboratory'' means a Department of Energy nonmilitary national laboratory, including-- (A) Ames Laboratory; (B) Argonne National Laboratory; (C) Brookhaven National Laboratory; (D) Fermi National Accelerator Laboratory; (E) Idaho National Laboratory; (F) Lawrence Berkeley National Laboratory; (G) National Energy Technology Laboratory; (H) National Renewable Energy Laboratory; (I) Oak Ridge National Laboratory; (J) Pacific Northwest National Laboratory; (K) Princeton Plasma Physics Laboratory; (L) Savannah River National Laboratory; (M) Stanford Linear Accelerator Center; (N) Thomas Jefferson National Accelerator Facility; and (O) any laboratory operated by the National Nuclear Security Administration, but only with respect to the civilian energy activities thereof. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. SAVINGS CLAUSE. Nothing in this Act or an amendment made by this Act abrogates or otherwise affects the primary responsibilities of any National Laboratory to the Department. TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY SEC. 101. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report which shall include-- (1) an assessment of the Department's current ability to carry out the goals of section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391), including an assessment of the role and effectiveness of the Director of the Office of Technology Transitions; and (2) recommended departmental policy changes and legislative changes to section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) to improve the Department's ability to successfully transfer new energy technologies to the private sector. SEC. 102. SENSE OF CONGRESS. It is the sense of the Congress that the Secretary should encourage the National Laboratories and federally funded research and development centers to inform small businesses of the opportunities and resources that exist pursuant to this Act. SEC. 103. NUCLEAR ENERGY INNOVATION. Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report assessing the Department's capabilities to authorize, host, and oversee privately funded fusion and non-light water reactor prototypes and related demonstration facilities at Department-owned sites. For purposes of this report, the Secretary shall consider the Department's capabilities to facilitate privately- funded prototypes up to 20 megawatts thermal output. The report shall address the following: (1) The Department's safety review and oversight capabilities. (2) Potential sites capable of hosting research, development, and demonstration of prototype reactors and related facilities for the purpose of reducing technical risk. (3) The Department's and National Laboratories' existing physical and technical capabilities relevant to research, development, and oversight. (4) The efficacy of the Department's available contractual mechanisms, including cooperative research and development agreements, work for others agreements, and agreements for commercializing technology. (5) Potential cost structures related to physical security, decommissioning, liability, and other long-term project costs. (6) Other challenges or considerations identified by the Secretary, including issues related to potential cases of demonstration reactors up to 2 gigawatts of thermal output. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM. (a) In General.--The Secretary shall carry out the Agreements for Commercializing Technology pilot program of the Department, as announced by the Secretary on December 8, 2011, in accordance with this section. (b) Terms.--Each agreement entered into pursuant to the pilot program referred to in subsection (a) shall provide to the contractor of the applicable National Laboratory, to the maximum extent determined to be appropriate by the Secretary, increased authority to negotiate contract terms, such as intellectual property rights, payment structures, performance guarantees, and multiparty collaborations. (c) Eligibility.-- (1) In general.--Any director of a National Laboratory may enter into an agreement pursuant to the pilot program referred to in subsection (a). (2) Agreements with non-federal entities.--To carry out paragraph (1) and subject to paragraph (3), the Secretary shall permit the directors of the National Laboratories to execute agreements with a non-Federal entity, including a non-Federal entity already receiving Federal funding that will be used to support activities under agreements executed pursuant to paragraph (1), provided that such funding is solely used to carry out the purposes of the Federal award. (3) Restriction.--The requirements of chapter 18 of title 35, United States Code (commonly known as the ``Bayh-Dole Act'') shall apply if-- (A) the agreement is a funding agreement (as that term is defined in section 201 of that title); and (B) at least 1 of the parties to the funding agreement is eligible to receive rights under that chapter. (d) Submission to Secretary.--Each affected director of a National Laboratory shall submit to the Secretary, with respect to each agreement entered into under this section-- (1) a summary of information relating to the relevant project; (2) the total estimated costs of the project; (3) estimated commencement and completion dates of the project; and (4) other documentation determined to be appropriate by the Secretary. (e) Certification.--The Secretary shall require the contractor of the affected National Laboratory to certify that each activity carried out under a project for which an agreement is entered into under this section-- (1) is not in direct competition with the private sector; and (2) does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (f) Extension.--The pilot program referred to in subsection (a) shall be extended until October 31, 2017. (g) Reports.-- (1) Overall assessment.--Not later than 60 days after the date described in subsection (f), the Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that-- (A) assesses the overall effectiveness of the pilot program referred to in subsection (a); (B) identifies opportunities to improve the effectiveness of the pilot program; (C) assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and (D) provides a recommendation regarding the future of the pilot program. (2) Transparency.--The Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report that accounts for all incidences of, and provides a justification for, non-Federal entities using funds derived from a Federal contract or award to carry out agreements pursuant to this section. SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION. (a) In General.--Subject to subsections (b) and (c), the Secretary shall delegate to directors of the National Laboratories signature authority with respect to any agreement described in subsection (b) the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1,000,000, if such an agreement falls within the scope of-- (1) a strategic plan for the National Laboratory that has been approved by the Department; or (2) the most recent Congressionally approved budget for Department activities to be carried out by the National Laboratory. (b) Agreements.--Subsection (a) applies to-- (1) a cooperative research and development agreement; (2) a non-Federal work-for-others agreement; and (3) any other agreement determined to be appropriate by the Secretary, in collaboration with the directors of the National Laboratories. (c) Administration.-- (1) Accountability.--The director of the affected National Laboratory and the affected contractor shall carry out an agreement under this section in accordance with applicable policies of the Department, including by ensuring that the agreement does not compromise any national security, economic, or environmental interest of the United States. (2) Certification.--The director of the affected National Laboratory and the affected contractor shall certify that each activity carried out under a project for which an agreement is entered into under this section does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (3) Availability of records.--Within 30 days of entering an agreement under this section, the director of a National Laboratory shall submit to the Secretary for monitoring and review all records of the National Laboratory relating to the agreement. (4) Rates.--The director of a National Laboratory may charge higher rates for services performed under a partnership agreement entered into pursuant to this section, regardless of the full cost of recovery, if such funds are used exclusively to support further research and development activities at the respective National Laboratory. (d) Exception.--This section does not apply to any agreement with a majority foreign-owned company. (e) Conforming Amendment.--Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; (B) by striking ``Each Federal agency'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), each Federal agency''; and (C) by adding at the end the following: ``(2) Exception.--Notwithstanding paragraph (1), in accordance with section 202(a) of the Department of Energy Laboratory Modernization and Technology Transfer Act of 2015, approval by the Secretary of Energy shall not be required for any technology transfer agreement proposed to be entered into by a National Laboratory of the Department of Energy, the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1,000,000.''; and (2) in subsection (b), by striking ``subsection (a)(1)'' each place it appears and inserting ``subsection (a)(1)(A)''. SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES. Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is amended by-- (1) redesignating subsection (g) as subsection (h); and (2) inserting after subsection (f) the following: ``(g) Early-Stage Technology Demonstration.--The Secretary shall permit the directors of the National Laboratories to use funds authorized to support technology transfer within the Department to carry out early-stage and pre-commercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from National Laboratory activities.''. SEC. 204. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION AND OTHER NONPROFIT INSTITUTIONS. Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C. 16352(b)) is amended-- (1) in paragraph (1), by striking ``Except as provided in paragraphs (2) and (3)'' and inserting ``Except as provided in paragraphs (2), (3), and (4)''; and (2) by adding at the end the following: ``(4) Exemption for institutions of higher education and other nonprofit institutions.-- ``(A) In general.--Paragraph (1) shall not apply to a research or development activity performed by an institution of higher education or nonprofit institution (as defined in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)). ``(B) Termination date.--The exemption under subparagraph (A) shall apply during the 6-year period beginning on the date of enactment of this paragraph.''. SEC. 205. PARTICIPATION IN THE INNOVATION CORPS PROGRAM. The Secretary may enter into an agreement with the Director of the National Science Foundation to enable researchers funded by the Department to participate in the National Science Foundation Innovation Corps program. TITLE III--ASSESSMENT OF IMPACT SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE. Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report-- (1) describing the results of the projects developed under sections 201, 202, and 203, including information regarding-- (A) partnerships initiated as a result of those projects and the potential linkages presented by those partnerships with respect to national priorities and other taxpayer-funded research; and (B) whether the activities carried out under those projects result in-- (i) fiscal savings; (ii) expansion of National Laboratory capabilities; (iii) increased efficiency of technology transfers; or (iv) an increase in general efficiency of the National Laboratory system; and (2) assess the scale, scope, efficacy, and impact of the Department's efforts to promote technology transfer and private sector engagement at the National Laboratories, and make recommendations on how the Department can improve these activities. Passed the House of Representatives May 19, 2015. Attest: KAREN L. HAAS, Clerk.

Summary: Department of Energy Laboratory Modernization and Technology Transfer Act of 2015 TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY (Sec. 101) Directs the Department of Energy (DOE) to: (1) report annually on its ability to improve the technology transfer and commercialization of energy technologies, including an assessment of the role and effectiveness of the Director of the Office of Technology Transitions; and (2) recommend changes to improve the ability to successfully transfer new energy technologies to the private sector. (Sec. 102) Expresses the sense of Congress that DOE should encourage the nonmilitary national laboratories (national laboratories) and federally funded research and development centers to inform small businesses of the opportunities and resources that exist pursuant to this Act. (Sec. 103) Requires DOE to report on its capabilities to authorize, host, and oversee privately funded fusion and non-light water reactor prototypes and related demonstration facilities at DOE-owned sites. Instructs DOE, for purposes of such report, to consider DOE's capabilities to facilitate privately-funded prototypes of up to 20 megawatts thermal output. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS (Sec. 201) Directs DOE to carry out the Agreements for Commercializing Technology pilot program in accordance with this Act, including by giving the contractors of the DOE nonmilitary national laboratories increased authority to negotiate contract terms and making every such facility eligible for the program. Permits the directors of the national laboratories to execute agreements with non-federal entities, provided that such funding is only used to carry out the purposes of the federal award. Subjects agreements that are funding agreements to the requirements of the Bayh-Dole Act (concerning patent rights to inventions arising from federally-supported research and development). Imposes contractor certification requirements for the avoidance of direct competition with the private sector and conflicts of interest. Extends the pilot program until October 31, 2017. Requires DOE to report to Congress on the overall effectiveness of the pilot program and to annually account for, and justify, incidences of use by non-federal entities of funds derived from a federal contract or award to carry out agreements pursuant to the pilot program. (Sec. 202) Requires DOE to delegate to the directors of the national laboratories signature authority with respect to certain agreements the total cost of which is less than $1 million, if such an agreement falls within the scope of: (1) a strategic plan for the national laboratory that has been approved by DOE; or (2) the most recent congressionally approved budget for DOE activities to be carried out by that laboratory. Makes this section inapplicable to any agreement with a majority foreign-owned company. (Sec. 203) Permits the directors of national laboratories to use funds authorized to support technology transfer within DOE to carry out early-stage and pre-commercial technology demonstration activities to: (1) remove technology barriers that limit private sector interest, and (2) demonstrate potential commercial applications of any research and technologies arising from national laboratory activities. (Sec. 204) Amends the Energy Policy Act of 2005 to exempt institutions of higher education and nonprofit institutions from the cost-sharing requirements for research and development for six years. (Sec. 205) Authorizes DOE to enter into an agreement with the National Science Foundation to enable the participation of DOE researchers in the National Science Foundation Innovation Corps program. TITLE III--ASSESSMENT OF IMPACT (Sec. 301) Requires the Government Accountability Office to report to Congress on the results of projects developed under this Act and on the impact of DOE efforts to promote technology transfer and private sector engagement at the national laboratories.


SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Macau Policy Act of 1999''. SEC. 2. FINDINGS AND DECLARATIONS. The Congress makes the following findings and declarations: (1) The Congress recognizes that under the April 13, 1987, Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau-- (A) the People's Republic of China and the Republic of Portugal have agreed that the People's Republic of China will resume the exercise of sovereignty over Macau on December 20, 1999, and until that time, Portugal will be responsible for the administration of Macau; (B) the Macau Special Administrative Region of the People's Republic of China, beginning on December 20, 1999, will continue to enjoy a high degree of autonomy on all matters other than defense and foreign affairs; (C) there is provision for implementation of a ``one country, two systems'' policy, under which Macau will retain its current lifestyle and legal, social, and economic systems until at least the year 2049; (D) the legislature of the Macau Special Administrative Region has been constituted by elections; and (E) provision is made for the continuation in force of agreements implemented as of December 20, 1999, and for the ability of the Macau Special Administrative Region to conclude new agreements. (2) The Congress declares its wish to see full implementation of the provisions of the Joint Declaration. (3) The Congress supports the policies and decisions reflected in the Joint Declaration. (4) It is the sense of the Congress that-- (A) Macau's continued economic prosperity furthers United States interests in the People's Republic of China and Asia; (B) support for democratization is a fundamental principle of United States foreign policy, and as such, that principle naturally applies to United States policy toward Macau, now and after December 19, 1999; and (C)(i) the human rights of the people of Macau are of great importance to the United States and are directly relevant to United States interests in Macau; (ii) a fully successful transition in the exercise of sovereignty over Macau must safeguard human rights in and of themselves; and (iii) human rights also serve as a basis for Macau's continued economic prosperity. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Macau'' means, prior to December 20, 1999, the Portuguese Dependent Territory of Macau, and on and after December 20, 1999, the Macau Special Administrative Region of the People's Republic of China; (2) the term ``Joint Declaration'' means the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau, of April 13, 1987; and (3) the term ``laws of the United States'' means provisions of law enacted by the Congress. TITLE I--POLICY SEC. 101. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) the United States should play an active role before, on, and after December 20, 1999, in maintaining Macau's confidence and prosperity, Macau's unique cultural heritage, and the mutually beneficial ties between the people of the United States and the people of Macau; and (2) through its policies, the United States should contribute to Macau's ability to maintain a high degree of autonomy in matters other than defense and foreign affairs as promised by the People's Republic of China and the Republic of Portugal in the Joint Declaration, particularly with respect to such matters as trade, commerce, law enforcement, finance, monetary policy, aviation, shipping, communications, tourism, cultural affairs, sports, and participation in international organizations, consistent with the national security and other interests of the United States. TITLE II--THE STATUS OF MACAU IN UNITED STATES LAW SEC. 201. CONTINUED APPLICATION OF UNITED STATES LAW. (a) In General.--Notwithstanding any change in the exercise of sovereignty over Macau, and subject to subsections (b) and (c), the laws of the United States shall continue to apply with respect to Macau, on and after December 20, 1999, in the same manner as the laws of the United States were applied with respect to Macau before such date unless otherwise expressly provided by law or by Executive order under section 202. (b) International Agreements.--For all purposes, including actions in any court of the United States, the Congress approves of the continuation in force on and after December 20, 1999, of all treaties and other international agreements, including multilateral conventions, entered into before such date between the United States and Macau, or entered into force before such date between the United States and the Republic of Portugal and applied to Macau, unless or until terminated in accordance with law. If, in carrying out this title, the President determines that Macau is not legally competent to carry out its obligations under any such treaty or other international agreement, or that the continuation of Macau's obligations or rights under any such treaty or other international agreement is not appropriate under the circumstances, the President shall promptly notify the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate concerning such determination, and shall take appropriate action to modify or terminate such treaty or other international agreement. (c) Export Controls.--Notwithstanding subsection (a) or any other provision of law, the President shall establish with respect to Macau, within 90 days after the date of the enactment of this Act, such export control policies and regulations as he determines to be advisable in the national security interests of the United States. SEC. 202. PRESIDENTIAL ORDER. (a) Presidential Determination.--On or after December 20, 1999, whenever the President determines that Macau is not sufficiently autonomous to justify treatment under a particular law of the United States, or any provision thereof, different from that accorded the People's Republic of China, the President may issue an Executive order suspending the application of section 201(a) to such law or provision of law. The President shall promptly notify the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate concerning any such determination. (b) Factor for Consideration.--In making a determination under subsection (a) with respect to the application of a law of the United States, or any provision thereof, to Macau, the President should consider the terms, obligations, and expectations expressed in the Joint Declaration with respect to Macau. (c) Publication in Federal Register.--Any Executive order issued under subsection (a) shall be published in the Federal Register and shall specify the law or provision of law affected by the order. (d) Termination of Suspension.--An Executive order issued under subsection (a) may be terminated by the President with respect to a particular law or provision of law whenever the President determines that Macau has regained sufficient autonomy to justify treatment under the law or provision of law in question. Notice of any such termination shall be published in the Federal Register. SEC. 203. RULES AND REGULATIONS. The President is authorized to prescribe such rules and regulations as the President considers appropriate to carry out this Act. SEC. 204. CONSULTATION WITH CONGRESS. In carrying out this title, the President shall consult appropriately with the Congress. TITLE III--REPORTING PROVISIONS SEC. 301. REPORTING REQUIREMENT. Not later than 90 days after the date of the enactment of this Act, and not later than March 31 of each of the years 2000, 2001, and 2002, the Secretary of State shall transmit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report on conditions in Macau of interest to the United States. This report shall cover (in the case of the initial report) the period since the date of the enactment of this Act or (in the case of subsequent reports) the period since the most recent report pursuant to this section, and shall describe-- (1) significant developments in United States relations with Macau; (2) significant developments related to the change in the exercise of sovereignty over Macau affecting United States interests in Macau or United States relations with Macau and the People's Republic of China; (3) steps taken by the United States to implement section 201(c) (relating to export controls with respect to Macau), including any significant problems or other developments arising with respect to the application of United States export controls to Macau; (4) the laws of the United States with respect to which the application of section 201(a) (relating to the application of United States laws to Macau) has been suspended pursuant to section 202(a) or with respect to which such a suspension has been terminated pursuant to section 202(d), and the reasons for the suspension or termination, as the case may be; (5) the treaties and other international agreements with respect to which the President has made a determination described in the last sentence of section 201(b) (relating to the application of treaties and other international agreements to Macau), the reasons for each such determination, and the steps taken as a result of such determination; (6) the development of democratic institutions in Macau; (7) compliance by the Government of the People's Republic of China and the Government of the Republic of Portugal with their obligations under the Joint Declaration; and (8) the nature and extent of Macau's participation in multilateral forums. SEC. 302. SEPARATE PART OF COUNTRY REPORTS. Whenever a report is transmitted to the Congress on a country-by- country basis, there shall be included in such report, where applicable, a separate subreport on Macau under the heading of the state that exercises sovereignty over Macau.

Summary: Title II: The Status of Macau in United States Law - Declares that U.S. laws (including treaties and international agreements and export controls the President determines is in the national security interest of the United States) shall continue to apply to Macau on or after December 20, 1999, unless otherwise expressly provided by law or by Executive order. (Sec. 202) Authorizes the President, whenever it is determined that Macau is not sufficiently autonomous to justify treatment under a particular U.S. law different from that accorded China, to issue an Executive order suspending the application of U.S. law. (Sec. 204) Directs the President to consult with Congress in carrying out this title. Title III: Reporting Provisions - Directs the Secretary of State to report to specified congressional committees on conditions in Macau of interest to the United States, including: (1) significant developments in U.S. relations with Macau (including the change in the exercise of sovereignty over it affecting U.S. interests there or the U.S. relations with Macau and China; (2) any significant problems or other developments arising with respect to the application of U.S. export controls to Macau; (3) the suspension (or termination of such suspension) with respect to the application of U.S. laws to Macau; (4) the application of treaties and other international agreements to Macau; (5) the development of democratic institutions in Macau; and (6) compliance by China and Portugal with their obligations under the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau, dated April 13, 1987.