SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Domestic Violence Screening and Treatment Act of 2002''. (b) Findings.--Congress finds the following: (1) Nearly one-third of American women (31 percent) report being physically or sexually abused by a husband or boyfriend at some point in their lives, and about 1200 women are murdered every year by their intimate partner, nearly 3 each day. (2) 85 percent of violent victimizations are experienced by women. (3) 37 percent of all women who sought care in hospital emergency rooms for violence-related injuries were injured by a current or former spouse, boyfriend, or girlfriend. (4) In addition to injuries sustained during violent episodes, physical and psychological abuse are linked to a number of adverse physical health effects including arthritis, chronic neck or back pain, migraine and other frequent headaches, stammering, problems with vision, and sexually transmitted infections, including HIV/AIDS. (5) Medical services for abused women cost an estimated $857.3 million every year. (6) Each year, at least six percent of all pregnant women, about 240,000 pregnant women, in this country are battered by the men in their lives. This battering leads to complications of pregnancy, including low weight gain, anemia, infections, and first and second trimester bleeding. (7) Pregnant and recently pregnant women are more likely to be victims of homicide than to die of any other cause, and evidence exists that a significant proportion of all female homicide victims are killed by their intimate partners. (8) Children who witness domestic violence are more likely to exhibit behavioral and physical health problems including depression, anxiety, and violence towards peers. They are also more likely to attempt suicide, abuse drugs and alcohol, run away from home, engage in teenage prostitution, and commit sexual assault crimes. (9) Fifty percent of men who frequently assault their wives frequently assault their children. The U.S. Advisory Board on Child Abuse and Neglect suggests that domestic violence may be the single major precursor to child abuse and neglect fatalities in this country. (10) Currently, about 10 percent of primary care physicians routinely screen for intimate partner abuse during new patient visits and nine percent routinely screen during periodic checkups. (11) Recent clinical studies have proven the effectiveness of a 2-minute screening for early detection of abuse of pregnant women. Additional longitudinal studies have tested a 10-minute intervention that was proven highly effective in increasing the safety of pregnant abused women. Comparable research does not yet exist to support the effectiveness of screening men. (12) 70 to 81 percent of the patients studied reported that they would like their healthcare providers to ask them privately about intimate partner violence. SEC. 2. COVERAGE OF DOMESTIC VIOLENCE SCREENING AND TREATMENT UNDER THE MEDICAID PROGRAM. (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (a)(26), by striking ``and'' at the end; (2) by redesignating paragraph (27) of subsection (a) as paragraph (28); and (3) by inserting after paragraph (26) of subsection (a) the following new paragraph: ``(27) domestic violence screening and treatment services (as defined in subsection (x));''; and (4) by adding at the end the following new subsection: ``(x) The term `domestic violence screening and treatment services' means the following services (as specified under the State plan) furnished by an attending health care provider (or, in the case of services described in paragraph (3), under arrangements between the provider and domestic violence experts) to women 18 years of age or older: ``(1) Routine verbal screening for domestic violence by a provider if the provider has not previously screened the patient or if the patient has been screened but the patient indicates that she is in a new relationship regardless of whether there are any clinical indicators or suspicion of abuse. ``(2) Danger assessment for women who positively identify for domestic violence, including an immediate safety assessment, an initial risk assessment, and follow-up risk assessments during subsequent visits. ``(3) Treatment relating to domestic violence, including the following: ``(A) Safety education to assist the patient in developing a plan to promote her safety and well-being, such as keeping an emergency kit, talking to someone, and arranging for a place to stay, and appropriate follow up. ``(B) Health education which provides written and verbal information about domestic violence, its impact on health, options for services, and any necessary follow up. ``(C) Psycho-social and counseling services that include an initial assessment, development of a plan of care, individual or group counseling (as needed), and follow-up assessment, treatment, or intervention. ``(D) Documentation of screening, assessment, treatment, referrals, injuries, and illnesses related to domestic violence and who inflicted them, using appropriate diagnostic codes and absolute confidentiality (except as required by applicable State law). ``(4) Referral and case coordination for additional services, including services from domestic violence programs, community agencies, and judicial and other systems.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to services furnished on or after such date. SEC. 3. FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(p)(1) A contract may not be made or a plan approved which does not include coverage for domestic violence screening and treatment services. ``(2) For purposes of this subsection, the term `domestic violence screening and treatment services' has the meaning given such term in section 1905(x) of the Social Security Act.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to contracts made, and plans approved, after the end of the 6- month period beginning on the date of the enactment of this Act. SEC. 4. MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT. (a) Requirement for Portion of Expenditures on Domestic Violence Screening and Treatment.--Section 505(a)(5) of the Social Security Act (42 U.S.C. 705(a)(5)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ``; and''; and (3) by inserting after subparagraph (F) the following new subparagraph: ``(G) the State will set aside a reasonable portion (based upon the State's previous use of funds under this title) of the funds provided for domestic violence screening and treatment services (as defined in section 1902(x)).''. (b) Preference in Certain Funding.--Section 502(b)(2) of such Act (42 U.S.C. 702(b)(2)) is amended by adding at the end the following new subparagraph: ``(C) Of the amounts retained for projects described in subparagraphs (A) through (F) of section 501(a)(3), the Secretary shall provide preference to qualified applicants which demonstrate that the activities to be carried out with such amounts includes training of providers in how to screen for, and treat, domestic violence and training that includes-- ``(i) identifying victims of domestic violence and maintaining complete medical records that include documentation of the examination, treatment given, and referrals made, and recording the location and nature of the victim's injuries; ``(ii) examining and treating such victims, within the scope of the health professional's discipline, training, and practice (including medical advice regarding the dynamics and nature of domestic violence); ``(iii) assessing the immediate and short-term safety of the victim and assisting the victim in developing a plan to promote his or her safety; and ``(iv) referring the victim to public and private nonprofit private entities that provide services for such victims.''. (c) Reporting Data.--Section 506(a)(2) of such Act (42 U.S.C. 706(a)(2)) is amended by adding at the end the following new subparagraph: ``(F) Information on how funds provided under this title are used to screen for and treat domestic violence.''. (d) Separate Program for Domestic Violence Screening and Treatment.--Title V of such Act is amended by adding at the end the following new section: ``separate program for domestic violence screening and treatment ``Sec. 511. (a) For the purpose described in subsection (b), the Secretary shall, for fiscal year 2003 and each subsequent fiscal year, allot to each State which has transmitted an application for the fiscal year under section 505(a) an amount equal to the product of ``(1) the amount appropriated in subsection (d) for the fiscal year; and ``(2) the percentage determined for the State under section 502(c)(1)(B)(ii). ``(b) The purpose of an allotment under subsection (a) to a State is to enable the State to provide for domestic violence screening and treatment, including the provision of domestic violence screening and treatment services (as defined in section 1905(x)), increasing the number of women screened, assessed, treated, and referred and including training of health care providers on how to identify and respond to victims of domestic violence. ``(c)(1) Sections 503, 507, and 508 apply to allotments under subsection (a) to the same extent and in the same manner as such sections apply to allotments under section 502(c). ``(2) Sections 505 and 506 apply to allotments under subsection (a) to the extent determined by the Secretary to be appropriate. ``(d) For the purpose of allotments under subsection (a), there is authorized to be appropriated for each fiscal year, beginning with fiscal year 2003, such sums as may be necessary.''. (e) Effective Date.--The amendments made by subsections (a) and (b) shall apply to fiscal years beginning after the date of the enactment of this Act and the amendment made by subsection (c) shall apply to annual reports submitted for such fiscal years.

Summary: Domestic Violence Screening and Treatment Act of 2002 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require that health benefits provided include coverage of domestic violence screening and treatment.Amends Federal civil service law to require the Office of Personal Management to require all contracted carriers of health coverage for Federal employees to include coverage for domestic violence screening and treatment services.Amends SSA title V (Maternal and Child Health Services) to require States to set aside a reasonable portion of maternal and child health services block grant funds to provide for domestic violence screening and treatment services. Authorizes the Secretary of Health and Human Services, with respect to such funds retained for certain projects, to provide preference to State applicants who include training of providers in how to screen for, and treat, domestic violence.Requires the Secretary to allot funds to States to provide for a separate program for domestic violence screening and treatment.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Law Enforcement Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) effective and impartial enforcement of the law is one of the most important functions of the government; (2) the preservation of our form of Government and the rights of our citizens are dependent upon competent and professional law enforcement agencies; (3) responsibility for law enforcement in the United States resides primarily with State and local governments; (4)(A) one-third of all Americans live in nonurban areas and 90 percent of all law enforcement agencies serve populations of fewer than 25,000 residents; and (B) 75 percent serve a population of fewer than 10,000 residents; (5) rural violent crime has increased over 35 percent from 1985 to 1995, and is taking a toll on rural citizens and rural law enforcement practitioners; (6) approximately 22,400 local government entities exist in the 50 States, and the needs of rural law enforcement in the areas of research, technical assistance, and the delivery of executive education and training programs have been jointly identified by the Federal Bureau of Investigation, the Department of Justice, and the National Center for Rural Law Enforcement at the University of Arkansas at Little Rock; and (7) the National Center for Rural Law Enforcement at the University of Arkansas at Little Rock will continue to cooperate with the Federal Bureau of Investigation and the Department of Justice to promote the development and implementation of training and education programs for rural law enforcement agencies. SEC. 3. NATIONAL CENTER FOR RURAL LAW ENFORCEMENT. (a) In General.--Title XVIII of the Violent Crime Control and Law Enforcement Act of 1994 is amended by adding at the end the following new subtitle: ``Subtitle D--National Center for Rural Law Enforcement ``SEC. 180401. ESTABLISHMENT. ``(a) In General.--There is established at the University of Arkansas, at Little Rock, the National Center for Rural Law Enforcement. ``(b) Advisory Board.-- ``(1) In general.--There shall be established within the National Center for Rural Law Enforcement an Advisory Board (referred to in this Act as the `Advisory Board') that shall be comprised of 15 members, of whom-- ``(A) 10 shall be selected by the Attorney General of the United States, in consultation with the Director of the Federal Bureau of Investigation, from personnel of rural law enforcement agencies serving communities with populations of less than 25,000 people, 2 from each of 5 regions (including the Northeast, Northwest, Southeast, Southwest, and Midwest); ``(B) 2 shall be selected by the Attorney General from personnel of State law enforcement agencies, 1 from training and 1 from law enforcement; ``(C) 2 shall be selected by the Director of the Federal Bureau of Investigation from employees of the Federal Bureau of Investigation; and ``(D) the Executive Director of the National Center for Rural Law Enforcement, who shall serve as a permanent member of the Advisory Board. ``(2) Powers.-- ``(A) Terms of the Advisory Board members will be for 1 year, with 3 members rotating each year. The first Advisory Board members, at their first meeting, will draw lots from 1 to 5 years. ``(B) The Advisory Board members shall formulate, adopt, and publish guidelines governing the operation of the Center, consistent with its mission. ``(3) Travel expenses.--The members of the Advisory Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Advisory Board. ``(c) Executive Director.-- ``(1) Appointment.--The Attorney General shall appoint the Executive Director of the National Center for Rural Law Enforcement in consultation with the Director of the Federal Bureau of Investigation and the Chancellor of the University of Arkansas at Little Rock. The Executive Director shall serve a term not longer than 5 years. ``(2) Duties.--The Executive Director shall have the duties and responsibilities fulfilling functions as set forth in this Act, including the preparation and submission of a periodic report to the Advisory Board and the Chancellor of the University of Arkansas at Little Rock. ``(d) Procurement of Temporary and Intermittent Services.--The National Center for Rural Law Enforcement, with the advice of the Advisory Board, may procure temporary and intermittent services under section 3109 of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for members of the Senior Executive Service, ES-6, Level V of the Executive Schedule as authorized by section 5352 of such title. ``SEC. 180402. FUNCTIONS. ``(a) In General.--The Director of the National Center for Rural Law Enforcement shall provide for-- ``(1) the training of supervisory and executive managers of rural law enforcement in a systematic and effective manner; ``(2) the support of rural law enforcement agencies with technical assistance and practical and focused research; ``(3) equitable education and training opportunities for rural law enforcement personnel; ``(4) the delivery of training programs by Federal agencies and the Center; ``(5) the promotion, development, and adoption of a voluntary national system of education and training standards and certification; ``(6) the development and dissemination of information designed to assist States and units of local government in rural areas throughout the country; ``(7) grants to, and contracts with, Federal, State, and general units of local government, public and private agencies, educational institutions, organizations, and individuals to carry out this subtitle; ``(8) the establishment and continuation of a clearinghouse and information center for the collection, preparation, and dissemination of information on criminal justice and rural law enforcement, including programs for prevention of crime and recidivism, and management training of law enforcement personnel; ``(9) assistance and service in a consulting capacity to Federal, State, and local criminal justice agencies in the development, maintenance, and coordination of programs, facilities and services, training, research, and prevention with respect to crime in rural areas; ``(10) the encouragement and assistance to Federal, State, and local government programs and services, and programs for law enforcement officers, judges and judicial personnel, probation and parole personnel, correctional personnel, welfare workers, and other persons; ``(11) the development of technical training teams to aid in the development of seminars, workshops, and training programs within the States and with the State and local agencies that work with rural law enforcement managers; ``(12) the conduct, encouragement, and coordination of research relating to law enforcement and criminal justice issues, including the causes, diagnosis, and prevention of criminal activity; ``(13) the formulation and dissemination of rural law enforcement policy, goals, standards, and recommendations for Federal, State, and local criminal justice agencies, organizations, institutions, and personnel; and ``(14) evaluation programs that study the effectiveness of new approaches, techniques, systems, programs, and devices employed to improve rural law enforcement systems. ``(b) Authority.--The National Center for Rural Law Enforcement may-- ``(1) enter into contracts with public or private agencies, organizations, or individuals for the performance of any of the functions of the Center; ``(2) enter into cooperative agreements with Federal, State, and local agencies and nonprofit entities to carry out the functions of the Center; ``(3) arrange with and reimburse the heads of Federal departments and agencies for the use of personnel, facilities, or equipment of such departments and agencies; ``(4) confer with and avail itself of the assistance, services, records, and facilities of State and local governments or other public or private agencies, organizations, and individuals; and ``(5) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates of compensation not to exceed the daily equivalent of the rate authorized for members of the Senior Executive Service, ES-6, Level 5, as authorized by section 5352 of title 5, United States Code. ``(c) Methods.--In carrying out its functions under this section, the National Center for Rural Law Enforcement shall-- ``(1) utilize consensus building; ``(2) work in cooperation with-- ``(A) rural, nonurban law enforcement agencies; ``(B) agencies of Federal, State, and local governments; and ``(C) institutions of higher learning, law enforcement associations, and other not-for-profit organizations; ``(3) request and receive from other Federal departments and agencies such statistics, data, program reports, and other materials necessary for the Center to carry out its functions; ``(4) arrange with and reimburse the heads of other Federal departments and agencies for the use of personnel, facilities, or equipment of such departments and agencies; and ``(5) use the assistance, services, records, and facilities of State and local governments or other public or private agencies, organizations, and individuals. ``SEC. 180403. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subtitle, as a separate line item in the Department of Justice Appropriations Act-- ``(1) $12,000,000 for fiscal year 1998; and ``(2) such sums as are necessary for each of the fiscal years 1999 through 2002.''. (b) Technical Amendment.--The table of contents for the Violent Crime Control and Law Enforcement Act of 1994 is amended by adding at the end of the matter relating to title XVIII, the following: ``Subtitle D--National Center for Rural Law Enforcement ``Sec. 180401. Establishment. ``Sec. 180402. Functions. ``Sec. 180403. Authorization of appropriations.''.

Summary: Rural Law Enforcement Act of 1997 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to establish: (1) at the University of Arkansas at Little Rock the National Center for Rural Law Enforcement; and (2) an Advisory Board to formulate, adopt, and publish guidelines governing the operation of the Center. Sets forth provisions regarding the Center's: (1) functions (including the promotion, development, and adoption of a voluntary national system of education and training standards and certification); (2) authority (such as hiring experts and consultants); and (3) methods (including consensus building). Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Detainee Basic Medical Care Act of 2008''. SEC. 2. MEDICAL CARE STANDARDS FOR IMMIGRATION DETAINEES OF THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--The Secretary of Homeland Security shall establish procedures for the timely and effective delivery of medical and mental health care to all immigration detainees in the custody of the Department of Homeland Security. Such procedures shall address all immigration detainee health needs, including primary care, emergency care, chronic care, prenatal care, dental care, eye care, mental health care, medical dietary needs, and other medically necessary specialized care. (b) Medical Screenings and Examinations.--The Secretary's procedures shall be designed to ensure continuity of medical and mental health care services for each immigration detainee upon arrival at a detention facility. At a minimum, such procedures shall be designed to ensure that-- (1) each immigration detainee receives a comprehensive medical and mental health intake screening by a qualified health care professional upon arrival at the facility; (2) each immigration detainee receives a comprehensive medical and mental health examination and assessment by a qualified health care professional not later than 14 days after arrival; (3) each immigration detainee taking prescribed medications prior to detention is allowed to continue taking such medications, on schedule and without interruption, until and unless a qualified health care professional examines the immigration detainee and decides upon an alternative course of treatment; and (4) subject to the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), each immigration detainee with a serious medical or mental health care condition is given priority consideration for release on parole, on bond, or into an alternative to detention program, with periodic reevaluations for such immigration detainees not initially released. (c) Continuity of Care.--The Secretary's procedures shall be designed to ensure continuity of medical and mental health care services for each immigration detainee throughout detention. At a minimum, such procedures shall be designed to ensure that-- (1) immigration detainees are informed of available medical and mental health care services and how to request such services; (2) a prompt response is provided to any request for medical or mental health care; (3) treatment decisions are based solely on professional clinical judgments; (4) prescribed medications and medically necessary treatment are provided to immigration detainees on schedule and without interruption; and (5) the medical and mental health of an immigration detainee is considered prior to any decision to transfer the immigration detainee to another detention facility, and such immigration detainee suffers no interruption in the provision of medical treatment, including the delivery of prescribed medications, during and after such transfer. (d) Medical Records.--The Secretary's procedures shall be designed to ensure the availability of medical records to appropriate personnel. At a minimum, such procedures shall be designed to ensure that-- (1) immediately upon an immigration detainee's transfer from one detention facility to another, the immigration detainee's complete medical records, including any transfer summary, are provided to the receiving facility; (2) within 72 hours of receiving a written request, an immigration detainee's complete medical records are provided to the immigration detainee or any person designated by the immigration detainee; and (3) an immigration detainee shall be provided the appropriate forms where necessary to comply with this subsection and relevant privacy laws. (e) Administrative Appeals Process.--The Secretary's procedures shall include an administrative appeals process for denials of medical or mental health care. At a minimum, such procedures shall be designed to ensure that-- (1) the Secretary responds promptly to any request by an on-site medical provider for authorization to provide medical or mental health care to an immigration detainee; (2) in each case in which the Secretary denies or fails to grant such a request, a written explanation of the reasons for the decision shall be conveyed without delay to the on-site medical provider and the immigration detainee; (3) the on-site medical provider and immigration detainee (or legally appointed advocate) are provided an opportunity to appeal the denial of or failure to grant the requested health care service; and (4) such appeal is resolved in writing within 30 days by an impartial board, which shall include health care professionals in the fields relevant to the request for medical or mental health care, and the written decision is conveyed without delay to the on-site medical provider and the immigration detainee. (f) Discharge Planning.--The Secretary's procedures shall include discharge planning to ensure continuity of care, for a reasonable period of time, upon removal or release for persons with serious medical or mental health conditions. (g) Reporting Requirements.--The Secretary of Homeland Security shall report to the Offices of Inspector General for the Department of Homeland Security and the Department of Justice, within 48 hours, information regarding the death of any immigration detainee in the Secretary's custody. Not later than 60 days after the end of each fiscal year, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives containing detailed information regarding the death of all immigration detainees in the Secretary's custody during the preceding fiscal year. SEC. 3. DEFINITIONS. In this Act-- (1) ``detention facility'' means any Federal, State, or local facility used by the Secretary of Homeland Security to hold immigration detainees for more than 72 hours, regardless of whether use of such facility is subject to a contract or other agreement. (2) ``immigration detainee'' means any person in the custody of the Secretary of Homeland Security under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) at any detention facility.

Summary: Detainee Basic Medical Care Act of 2008 - Directs: (1) the Secretary of Homeland Security to establish procedures for the delivery of medical and mental health care to all immigration detainees in Department of Homeland Security (DHS) custody; and (2) that such procedures address all detainee health needs, including primary care, emergency care, chronic care, prenatal care, dental care, eye care, mental health care, medical dietary needs, and other medically necessary specialized care.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Spring Mountain Exchange Act of 1998''. SEC. 2. EXCHANGE OF LANDS AND MINERAL INTERESTS. (a) Conveyance by United States.-- (1) In general.--Subject to subsections (b), (c), and (d) and notwithstanding any other provision of law, not later than 90 days after the final determination of lands and interests subject to exchange under this section, the Secretary of the Interior shall convey to Rhodes Design and Development Corporation, subject to any valid existing rights and in exchange for lands and interests conveyed by the Corporation in accordance with subsection (b), all right, title, and interest of the United States in and to approximately 1,463 acres of Federal lands in the State of Nevada depicted on the map entitled ``Spring Mountain Land Exchange, Map 1 dated August ____, 1998''. The Secretary shall make that map available for public inspection in the offices of the Director of the Las Vegas District of the Bureau of Land Management. (2) Determination of lands and interests.--The Secretary shall determine the lands and interests that are subject to exchange under this section not later than 90 days after the date of the enactment of this Act. (b) Offer and Acceptance.--The Secretary shall make the conveyance to the Corporation under subsection (a) only if the Corporation conveys to the United States all right, title, and interest of the Corporation in and to approximately 490 acres of lands in the State of Nevada depicted on a map entitled ``Spring Mountain Land Exchange Map 2 dated August ____, 1998''. The Secretary shall make that map available for public inspection in the offices of the Director of the Las Vegas District of the Bureau of Land Management. (c) Equalization Payments.-- (1) In general.--If the fair market values of lands and interests exchanged under this section are not equal, the Secretary shall ensure that they are equalized by the payment of money to the Secretary or to the Corporation as appropriate in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (2) Valuation.--The value of lands and interests shall be determined for purposes of this section-- (A) utilizing nationally recognized appraisal standards; (B) in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); and (C) without regard to the presence of any species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (d) Payments to State and Local Government.-- (1) In general.--The Secretary shall require, as a term of any conveyance under this section, that the Corporation shall make direct payments to the State of Nevada and the Southern Nevada Water Authority in accordance with paragraph (2). Such payments shall be considered to be a cost incurred by the Corporation and shall be compensated by the Secretary. (2) Amount of payment.-- (A) Payment to state.--The amount paid by the Corporation to the State of Nevada shall be equal to 5 percent of the fair market value of the Federal lands conveyed by the United States under this section (as determined under subsection (b)), and shall be used by the State only in the general education program of the State. (B) Payment to authority.--The amount paid by the Corporation to the Southern Nevada Water Authority shall be equal to 10 percent of the fair market value of the Federal lands conveyed by the United States under this section (as determined under subsection (b)), and shall be used by the Authority only for water treatment and transmission facility infrastructure in Clark County, Nevada. (e) Adjustments to Maps.--The Secretary may make such minor corrections in the maps referred to in this section as may be agreed upon by the Secretary and the Corporation, after the Secretary notifies the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives of any such minor corrections. (f) Administration of Lands.-- (1) Cancellation.--If, before the exchange has been carried out pursuant to subsections (a) and (b), the Corporation provides written notification to the Secretary that the Corporation no longer intends to complete the exchange, the status of the lands and interests otherwise subject to the exchange shall revert to the status of such lands and interests as of the day before the date of enactment of this Act, and the lands and interests shall be managed in accordance with applicable law and management plans. (2) Administration of lands acquired by the united states.--On acceptance of title by the United States, all land and interests acquired by the United States under this section that are located within the boundaries of a unit of the National Forest System, National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, National Trails System, National Wilderness Preservation System, or any other system established by an Act of Congress, or within the boundaries of any national conservation area or national recreation area established by an Act of Congress-- (A) shall become part of the unit or area without further administrative or legislative action; and (B) shall be managed in accordance with all laws, regulations, and land use plans applicable to the unit or area. (g) Definitions.--As used in this section: (1) Corporation.--The term ``Corporation'' means the Rhodes Design and Development Corporation (a corporation established under the laws of the State of Nevada). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Summary: Spring Mountain Exchange Act of 1998 - Requires the Secretary of the Interior to convey to Rhodes Design and Development Corporation certain Federal lands in Clark County, Nevada, in exchange for: (1) certain Corporation lands in Nevada; and (2) specified payments by the Corporation to the State of Nevada for use in its general education program and to the Southern Nevada Water Authority for water treatment and transmission facility infrastructure. Provides that such payments shall be considered to be a cost incurred by the Corporation and shall be compensated by the Secretary.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Cheese Exchange Oversight and Improvement Act of 1997''. SEC. 2. FINDINGS. The Congress finds that the operation of the National Cheese Exchange and other cash markets is of national concern and in need of Federal oversight because of the following: (1) The National Cheese Exchange, located in Green Bay, Wisconsin, is the dominant cash market for bulk cheese in the United States. (2) While less than 1 percent of the cheese produced in the United States is sold on the National Cheese Exchange, the price determined by the National Cheese Exchange acts as a reference price for as much as 95 percent of the commercial cheese transactions conducted in the United States. (3) A 3-year federally funded investigation into the activities of the National Cheese Exchange determined that the National Cheese Exchange is very thinly traded, highly concentrated, completely unregulated, and subject to manipulation. (4) The Coffee, Sugar, and Cocoa Exchange in New York, an exchange regulated by the Commodity Futures Trading Commission, trades futures contracts for cheese. (5) The low volume in trading of cheese futures contracts on the Coffee, Sugar, and Cocoa Exchange is partially related to concerns about the lack of viability, and potential for manipulation, in the dominant cash market for cheese, the National Cheese Exchange. (6) The National Cheese Exchange is completely unregulated by any Federal or State agency. (7) The Commodity Futures Trading Commission claims a lack of authority to regulate or oversee the National Cheese Exchange and similar cash markets. SEC. 3. COMMODITY FUTURES TRADING COMMISSION REGULATION OF NATIONAL CHEESE EXCHANGE AND SIMILAR CASH MARKETS. The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended by inserting after section 20 (7 U.S.C. 24) the following new section: ``SEC. 21. COMMISSION REGULATION OF NATIONAL CHEESE EXCHANGE AND SIMILAR CASH MARKETS. ``(a) Definition of Concentrated Cash Market.--In this section, the term `concentrated cash market' means-- ``(1) the National Cheese Exchange located in Green Bay, Wisconsin; and ``(2) a cash market for a commodity if the Commission determines that-- ``(A) the cash market is geographically centralized in the form of a market or exchange; ``(B) the cash market is very thinly traded or highly illiquid; ``(C) the price established by the cash market functions as a reference price for a majority of commercial transactions off the cash market for the commodity being traded; ``(D) trading in the cash market is concentrated among relatively few buyers and sellers; ``(E) the cash market is substantially unregulated by any other regulatory structure (including State regulation or self-regulation); ``(F) a futures market regulated under this Act also exists for the commodity that is being traded on the cash market; and ``(G) the instability, illiquidity, or potential for manipulation for on the cash market could be a deterrent to the use of the futures market for that commodity. ``(b) Regulation of Concentrated Cash Markets.--In consultation with the Secretary of Agriculture, the Commission shall regulate a concentrated cash market under this Act until such time as the Commission determines that the concentrated cash market is not functioning as a reference price for a majority of commercial transactions off the cash market for the commodity being traded on the concentrated cash market. ``(c) Submission and Review of Operating Rules.--The Commission shall require a cash market that is subject to this section to-- ``(1) Submission required.--The Commission shall require a concentrated cash market subject to regulation under subsection (b) to submit to the Commission for approval a set of rules governing the operation of the concentrated cash market; and ``(2) Time for submission.--In the case of the National Cheese Exchange, the operating rules required under this subsection shall be submitted not later than 90 days after the date of enactment of this section. In the case of other concentrated cash markets, the operating rules shall be submitted not later than 90 days after the date on which the Commission notifies the concentrated cash market that it is subject to regulation under this section. ``(3) Notification of commission action.--The Commission shall promptly review operating rules submitted by a concentrated cash market under this subsection to determine whether the rules are sufficient to govern the operation of the concentrated cash market. Not later than 60 days after receiving the rules from a concentrated cash market, the Commission shall notify the concentrated cash market of the result of the review, including whether the rules are approved or disapproved. If disapproved, the Commission shall provide such recommendations regarding changes to the rules as the Commission considers necessary to secure approval and provide a schedule for resubmission of the rules. ``(4) Subsequent rule changes.--A concentrated cash market may not change approved operating rules unless the proposed change is also submitted to the Commission for review and the Commission approves the change in the manner provided in paragraph (3). ``(d) Effect of Failure To Submit or Receive Approval of Rules.-- Beginning 1 year after the date of the enactment of this section, the National Cheese Exchange may operate only in accordance with rules approved by the Commission under subsection (c). In the case of other concentrated cash markets, beginning 1 year after the date on which the concentrated cash market is notified that it is subject to regulation under this section, the concentrated cash market may operate only in accordance with rules approved by the Commission under subsection (c).''.

Summary: National Cheese Exchange Oversight and Improvement Act of 1997 - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission to regulate a concentrated cash market (as defined by this Act), including the National Cheese Exchange in Green Bay, Wisconsin, until the Commission determines that the market is not functioning as a reference price for off-market transactions of the commodity being traded on such market.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Infrastructure Protection Act'' or the ``CIPA''. SEC. 2. EMP PLANNING, RESEARCH AND DEVELOPMENT, AND PROTECTION AND PREPAREDNESS. (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 121) is amended-- (1) in section 2 (6 U.S.C. 101), by inserting after paragraph (6) the following: ``(6a) EMP.--The term `EMP' means-- ``(A) an electromagnetic pulse caused by intentional means, including acts of terrorism; and ``(B) a geomagnetic disturbance caused by solar storms or other naturally occurring phenomena.''; (2) in title V (6 U.S.C. 311 et seq.), by adding at the end the following: ``SEC. 526. NATIONAL PLANNING FRAMEWORKS AND EDUCATION. ``The Secretary, or the Secretary's designee, shall, to the extent practicable-- ``(1) include in national planning frameworks the threat of EMP events; and ``(2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers at all levels of government of the threat of EMP events.''; (3) in title III (6 U.S.C. 181 et seq.), by adding at the end of the following: ``SEC. 318. EMP RESEARCH AND DEVELOPMENT. ``(a) In General.--In furtherance of domestic preparedness and response, the Secretary, acting through the Under Secretary for Science and Technology, and in consultation with other relevant agencies and departments of the Federal Government and relevant owners and operators of critical infrastructure, shall, to the extent practicable, conduct research and development to mitigate the consequences of EMP events. ``(b) Scope.--The scope of the research and development under subsection (a) shall include the following: ``(1) An objective scientific analysis of the risks to critical infrastructures from a range of EMP events. ``(2) Determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events. ``(3) An evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack. ``(4) An analysis of technology options that are available to improve the resiliency of critical infrastructure to EMP. ``(5) The restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events.''; and (4) in section 201(d) (6 U.S.C. 121(d)), by adding at the end the following: ``(26)(A) Prepare and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate-- ``(i) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, including from acts of terrorism; and ``(ii) biennial updates on the status of the recommended strategy. ``(B) The recommended strategy shall-- ``(i) be based on findings of the research and development conducted under section 318; ``(ii) be developed in consultation with the relevant Federal sector-specific agencies (as defined under Homeland Security Presidential Directive-7) for critical infrastructures; ``(iii) be developed in consultation with the relevant sector coordinating councils for critical infrastructures; and ``(iv) include a classified annex as needed. ``(C) The Secretary may, if appropriate, incorporate the recommended strategy into a broader recommendation developed by the Department to help protect and prepare critical infrastructure from terrorism and other threats if, as incorporated, the strategy complies with subparagraph (B).''. (b) Clerical Amendments.--The table of contents in section 1(b) of such Act is amended-- (1) by adding at the end of the items relating to title V the following: ``Sec. 526. National planning frameworks and education.''; and (2) by adding at the end of the items relating to title III the following: ``Sec. 318. EMP research and development.''. (c) Deadline for Recommended Strategy.--The Secretary of Homeland Security shall submit the recommended strategy required under the amendment made by subsection (a)(4) by not later than 1 year after the date of the enactment of this Act. (d) Report.--The Secretary shall submit a report to Congress by not later than 180 days after the date of the enactment of this Act describing the progress made in, and an estimated date by which the Department of Homeland Security will have completed-- (1) including EMP (as defined in the amendment made by subsection (a)(1)) threats in national planning frameworks; (2) research and development described in the amendment made by subsection (a)(3); (3) development of the comprehensive plan required under the amendment made by subsection (a)(4); and (4) outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers at all levels of government regarding the threat of EMP events. SEC. 3. NO REGULATORY AUTHORITY. Nothing in this Act, including the amendments made by this Act, shall be construed to grant any regulatory authority. SEC. 4. NO NEW AUTHORIZATION OF APPROPRIATIONS. This Act, including the amendments made by this Act, may be carried out only by using funds appropriated under the authority of other laws. Passed the House of Representatives November 16, 2015. Attest: KAREN L. HAAS, Clerk.

Summary: (This measure has not been amended since it was reported to the House on August 4, 2015. Critical Infrastructure Protection Act or CIPA (Sec. 2) Amends the Homeland Security Act of 2002 to define "EMP" to mean: (1) an electromagnetic pulse caused by intentional means, including acts of terrorism; and (2) a geomagnetic disturbance caused by solar storms or other naturally occurring phenomena. Directs DHS to: (1) include in national planning frameworks the threat of EMP events; and (2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers of the threat of EMP events. Directs DHS to conduct research and development to mitigate the consequences of EMP events, including: (1) an objective scientific analysis of the risks to critical infrastructures from a range of EMP events; (2) determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events; (3) an evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack; (4) an analysis of available technology options to improve the resiliency of critical infrastructure to EMP; and (5) the restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events. Includes among the responsibilities of DHS relating to intelligence and analysis and infrastructure protection, to prepare and submit to specified congressional committees: (1) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, and (2) biennial updates on the status of such strategy. Requires DHS to report within 180 days after enactment of this Act on the progress made in meeting, and on an estimated date for completing, the requirements set forth under this Act.


SECTION 1. AMENDMENT. Section 403 of the Social Security Act (42 U.S.C. 603) is amended by inserting after subsection (b) the following new subsection: ``(c)(1)(A) If the Secretary determines-- ``(i) that a State is operating a general welfare assistance program described in paragraph (3) during a calendar quarter, or ``(ii) that more than 20 percent of the local governments within a State that provide general welfare assistance are operating programs described in paragraph (3) during a calendar quarter, the Secretary shall reduce by 50 percent the amount that such State would otherwise receive under subsection (a) with respect to expenditures made by such State during such quarter for the administration of the aid to families with dependent children program under this part. ``(B) If a State receives a reduced payment in a calendar quarter as a result of a determination by the Secretary under subparagraph (A)(ii)-- ``(i) such State shall reduce for such quarter the payments made to each State office administering the aid to families with dependent children program which is located within the jurisdiction of the local governments described in subparagraph (A)(ii) by an amount equal to 50 percent of the of Federal share of the administrative expenses of such office; and ``(ii) such State shall not, as a result of such reduced payment, reduce for such quarter the payments made to any State office administering the aid to families with dependent children program which is not located within the jurisdiction of the local governments described in subparagraph (A)(ii). ``(2) If the Secretary determines that any local government within a State that is not described in paragraph (1)(A) is operating a general welfare assistance program described in paragraph (3) during a calendar quarter, the State shall reduce for such quarter the payments made to any State office administering the aid to families with dependent children program which is located within the jurisdiction of such local government by an amount equal to 50 percent of the of Federal share of the administrative expenses of such office and such amount shall be paid by the State to the Secretary. ``(3) A general welfare assistance program described in this paragraph is a general welfare assistance program that-- ``(A) provides benefits to able-bodied individuals (as determined by the Secretary) who have attained age 18 and who have no dependents (hereafter referred to in this subsection as `able-bodied individuals'); ``(B) does not have a workfare program that meets the participation rate requirements under paragraph (4); and ``(C) does not meet any other requirements set forth in regulations issued by the Secretary. ``(4)(A) The participation rate requirements under this paragraph are as follows: ``(i) In the case of a workfare program which is implemented after the date of the enactment of this subsection, the participation rate for such program shall be-- ``(I) for the second year that the program is operated, 10 percent; and ``(II) for any succeeding year, the percentage for the preceding year plus 2 percent. ``(ii) In the case of a workfare program which is operating on the date of the enactment of this subsection, the participation rate for such program shall be-- ``(I) for 1994-- ``(aa) in the case of a program with a participation rate below 10 percent for 1993, 10 percent; and ``(bb) in the case of a program with a participation rate between 10 percent and 50 percent for 1993, the program's participation rate for 1993 plus 2 percent; and ``(II) for any succeeding year, the percentage for the preceding year plus 2 percent. ``(B) The participation rates required under clauses (i) and (ii) of subparagraph (A) shall not exceed 50 percent. ``(C) For purposes of this subsection, the term `participation rate' means the percentage of the able-bodied individuals who receive general welfare assistance participating in a workfare program. ``(5) On or before the date which is 5 years after the date of the enactment of this subsection, the Secretary shall conduct a review of State and local participation rates and submit to Congress a report containing any of the Secretary's recommendations with respect to the participation rate requirements established under paragraph (4).''. SEC. 2. APPLICATION OF AMENDMENT. (a) Except as provided in subsection (b), the amendment made by section 1 shall apply to calendar quarters beginning on or after July 1, 1994. (b) In the case of a State which the Secretary determines requires State legislation (other than legislation authorizing or appropriating funds) in order to comply with the amendments made by section 1, the State shall not be regarded as failing to comply with such amendments solely on the basis of its failure to meet the requirements of such amendments before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Summary: Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to require States to implement workfare programs for able-bodied residents on welfare aged 18 or over with no dependents in order for the State to maintain its current level of Federal funding for AFDC administrative expenses.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Pay Stub Disclosure Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The lack of a Federal requirement to provide employees with pay stubs indicating how their pay is calculated or to allow employee inspections of employers' payroll records significantly impedes efforts to identify and challenge wage and hour violations. (2) In a survey of 4,387 low-wage workers in New York, Los Angeles, and Chicago, more than a quarter of workers were paid less than the minimum wage and among those who worked more than 40 hours per week, more than three-quarters were not paid overtime. Fifty-seven percent of these workers reported that they did not receive a pay stub in the previous week. (3) Some employers are increasingly engaging in practices that make it extremely difficult for workers to calculate their pay, including paying workers in cash or by personal checks. (4) While the Fair Labor Standards Act of 1938 and the regulations of the Department of Labor require employers to keep records of employees' pay, the lack of remedies diminishes the effectiveness of this requirement. (5) The Supreme Court held in Anderson v. Mt. Clemens Pottery Co. (328 U.S. 680 (1946)) that where an employer fails to keep records that are required under the Fair Labor Standards Act of 1938, when an employee presents sufficient evidence of the ``amount and extent of that work'', for which the employee was ``improperly compensated'' the burden shifts to the employer to disprove the employee's testimony and evidence of the hours the employee worked and how much he or she was paid. (6) Far too many courts have failed to shift the burden to the employer, where the employer has failed to keep records or has kept inadequate records, instead giving the employer's testimony equal weight to credible evidence produced by the employee. SEC. 3. PAY STUB REQUIREMENTS. (a) Disclosure Requirements.--Section 11 of the Fair Labor Standards Act of 1938 (29 U.S.C. 211) is amended by adding at the end the following: ``(e) Information To Be Disclosed to Certain Employees.-- ``(1) Initial Disclosure.--Each employer shall provide an initial disclosure to each employee who is not subject to the exemptions set forth in section 13 within 15 days of the date such employee is hired or any of the information in subparagraphs (A) through (C) changes with respect to that employee. Such disclosure shall include-- ``(A) the rate or rates of pay and whether the employee is paid by the hour, shift, day, week, or job, or by salary, piece rate, commission, or other form of compensation; ``(B) the name of the employer and any other name used by the employer to conduct business; and ``(C) the physical address and telephone number of the employer's main office or principal place of business, and a mailing address if such mailing address is different from the address of the main office or principal place of business. ``(2) Disclosures Required in Each Pay Stub.--Each employer shall disclose to each employee who is not subject to the exemptions set forth in section 13 in a pay stub provided each pay period-- ``(A) the pay period covered; ``(B) the name of the employee and the last four digits of the employee's Social Security number; ``(C) the total hours worked by the employee, including the number of hours worked per workweek in the pay period; ``(D)(i) in the case of an employee who is paid an hourly wage, the total gross and net wages paid, and the rate of pay for each hour worked; ``(ii) in the case of an employee who is paid a salary in lieu of an hourly wage, the amount of salary paid during the pay period; ``(iii) in the case of an employee employed at piece rate, the number of piece-rate units earned, the applicable piece rate, and total amount paid in accordance with such piece rate; and ``(iv) in the case of an employee who receives commission or is paid on the basis of any other type of rate, the total amount paid in commission or in accordance with such rate and any additional information relating to such pay as determined by the Secretary; ``(E) the number of overtime hours worked during each workweek of the pay period and the hourly rate of pay for each such overtime hour, or, in the case of an employee employed at piece rate, the piece rate paid for each such overtime hour; ``(F) any additional compensation paid or benefits provided, including an explanation of each type of compensation or benefit; and ``(G) any deductions, with an explanation of each deduction, and any allowances or reimbursements, with an explanation of each allowance or reimbursement. ``(3) Requirements Related to Disclosure of Compensation, Benefits, Allowances, and Reimbursements.--In disclosing the information required to be disclosed pursuant to subparagraphs (F) and (G) of paragraph (2)-- ``(A) the compensation and benefits required to be disclosed include-- ``(i) any bonus, paid leave (including paid vacation or personal time, paid sick leave, or any other paid leave), or other compensation; ``(ii) any employer contributions to health care coverage or to a retirement account for the employee and any transit or other benefits provided by the employer; and ``(iii) any additional form of pay that is required under State or local law, or for which records are required to be kept pursuant to State or local law, such as reporting time pay, split shift pay, paid sick leave, or paid family or medical leave. ``(B) the allowances and reimbursements required to be disclosed include any amounts paid to or reimbursed to an employee for meals, clothing, lodging, or any other item for which the employer makes an allowance or provides a reimbursement; and ``(C) the explanation for any additional compensation, benefits, allowances, or reimbursements shall be itemized and may not be described as `miscellaneous'. ``(4) Form of Disclosure Required.--The pay stub required by paragraph (2) shall be provided to an employee each pay period and may be provided-- ``(A) as a separate document, accompanying an employee's pay; ``(B) as a detachable part of a paycheck for employees receiving a paycheck; or ``(C) electronically, at the election of the employee, if the employee receives his or her pay through electronic deposit.''. (b) Recordkeeping Requirements.--Section 11 of such Act is further amended by adding at the end of subsection (c) the following: ``An employer shall keep records of the information disclosed in an employee's pay stub, as required by subsection (e), for a period of three years from the date of issuance of each pay stub.''. (c) Investigations and Inspections.--Section 11 of such Act is further amended by adding at the end of subsection (a) the following: ``In the event that an employee requests an inspection of such employee's records described in subsection (c), the employer shall provide copies of such records for a period of up to three years prior to such request. An employer shall comply with an employee's requests to inspect records within 21 days of such request.''. (d) Notice and Posting Requirement.--Section 11 of such Act is further amended by inserting after subsection (e) (as added by subsection (a)) the following: ``(f)(1) Every employer subject to any provision of this Act or of any order issued under this Act shall provide a notice to each employee within 15 days of the date of hire that includes-- ``(A) a description of the employee's right to receive a pay stub and the information which the pay stub must contain; ``(B) the address and telephone number for the applicable local office of the Department of Labor; and ``(C) such additional information as the Secretary shall require by regulation. ``(2) In the case of employees employed by an employer on the date of enactment of this Act, the employer shall provide the notice described in paragraph (1) within 15 days of the effective date of the Pay Stub Disclosure Act.''. (e) Conforming Amendment.--The section heading of section 11 of such Act is amended by inserting ``pay stub disclosures,'' after ``records,''. SEC. 4. ENFORCEMENT. (a) In General.--Section 16 of the Fair Labor Standards Act of 1938 is further amended-- (1) in subsection (b)-- (A) by inserting after the second sentence the following: ``An employer who violates subsections (e) or (f) of section 11 shall be liable to the affected employee for $50 for the initial pay period in which such a violation occurs and $100 per employee for each violation in a subsequent pay period, not to exceed an aggregate of $4,000 per employee.''; and (B) by striking ``either of the preceding sentences'' and inserting ``any of the preceding sentences''; (2) in subsection (e)-- (A) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (B) by inserting after paragraph (2) the following: ``(3) An employer who fails to make, keep, and preserve records as required by section 11(c), or fails to permit a current or former employee to inspect or copy records as required by section 11(a), shall be subject to a civil penalty of $750 per violation.''; and (3) by adding at the end the following: ``(f) The Secretary shall have the authority, in accordance with inflation, to periodically increase the amounts provided for in this section as penalties or recoverable in an action described in subsection (b).''. (b) Evidentiary Standards.--Section 15 of such Act (29 U.S.C. 215) is amended by adding at the end the following: ``(c) In the event that an employer fails to keep sufficient records as required by section 11(c) and any related regulations, the employee's production of credible evidence and testimony regarding the amount and extent of the work for which the employee was improperly compensated shall be sufficient to create a rebuttable presumption that the employee's records are accurate, consistent with the Supreme Court's decision in Anderson v. Mt. Clemens Pottery Co. (328 U.S. 680 (1946)).''. SEC. 5. DEFINITIONS. Section 3 of the Fair Labor Standards Act of 1938 29 U.S.C. 203) is amended by adding at the end the following: ``(z) `Pay stub' means a paper that itemizes in writing all wages and deductions paid to an employee each pay period.''. SEC. 6. REGULATIONS AND TECHNICAL ASSISTANCE. (a) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall prescribe such regulations as are necessary to carry out this Act, including a list of State and local laws-- (1) with requirements that are substantially similar to the requirements of this Act; and (2) compliance with which the Secretary may determine satisfies the requirements of this Act. (b) Guidance and Technical Assistance.--In order to achieve the objectives of this Act, the Secretary of Labor-- (1) acting through the Administrator of the Wage and Hour Division of the Department of Labor, shall issue guidance on compliance with this Act regarding providing the disclosures required pursuant to this Act; and (2) shall provide technical assistance to employers, labor organizations, professional associations, and other interested persons on means of achieving and maintaining compliance with the provisions of this Act. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date that is 6 months after final regulations are issued by the Secretary of Labor and not later than 18 months after the date of enactment of this Act.

Summary: Pay Stub Disclosure Act This bill amends the Fair Labor Standards Act of 1938 to require each employer to provide an initial disclosure to each employee who is not subject to certain exemptions from minimum wage and maximum hour requirements within 15 days after: (1) the employee is hired, or (2) specified information in the initial disclosure changes. The information specified in that initial disclosure shall include: the pay rate and form of compensation; the name of the employer and any other name used by the employer to conduct business; and the physical address and telephone number of the employer's main office or principal place of business, and a mailing address if different from the first one. The bill specifies additional disclosures that must be in each pay stub, including the pay period covered, the employee's name and truncated Social Security number, the total hours worked by the employee, benefits, allowances, and reimbursements. The bill also prescribes the form of the pay stub as well as employer notice requirements. An employer shall keep records of the information disclosed in an employee's pay stub for three years from each stub's issuance. In the event that an employee requests an inspection of his or her records, the employer shall provide copies of them for up to three years before the request. The bill prescribes civil penalties for employer failure to comply with this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Sound Science Saves Species Act of 2002''. SEC. 2. AMENDMENT OF ENDANGERED SPECIES ACT OF 1973. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 3. IMPROVING THE SCIENCE USED IN IMPLEMENTING ENDANGERED SPECIES ACT OF 1973. (a) Contents of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is amended by adding at the end the following: ``(E) A petition referred to in subparagraph (A) shall contain each of the following: ``(i) Clear and convincing evidence of each of the following: ``(I) The known and historic ranges of the species. ``(II) The most recent population estimates and trends. ``(III) The reason that the petitioned action is warranted, including known or perceived threats to the species. ``(IV) The population of the species is declining or has declined from historic population levels and beyond normal population fluctuations for the species. ``(V) Any other information that the petitioner considers appropriate. ``(ii) A bibliography of scientific literature on the species in support of the petition. ``(iii) A description of all available data on the historical and current range, population, and distribution of the species, an explanation of the methodology used to collect the data, and an identification of the location where the data can be reviewed.''. (b) Notice of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is amended by striking ``(3)(A)'' and inserting the following: ``(3)(A)(i) Within 30 days after receiving a petition from an interested person under section 553(e) of title 5, United States Code, to add a species to, or to remove a species from, either list published under subsection (c), the Secretary shall-- ``(I) publish in the Federal Register a notice indicating receipt of such petition and inviting interested persons to submit any relevant scientific information regarding the status of the species concerned; ``(II) promptly publish the petition on the Internet website of the United States Fish and Wildlife Service; ``(III) provide notice of such receipt to each private owner of land or water on or in which the species may exist by publication of such notice in an appropriate newspaper of general circulation, except that such notice shall be provided directly to each such owner if the number of such owners is 100 or less; and ``(IV) notify the Governor of each State that could be affected by the petition. ``(ii)''. (c) Independent Review of Petitions and Findings Regarding Petitions.--Section 4(b) (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9)(A)(i) After the Secretary makes a finding under paragraph (3)(A) the Secretary shall appoint and convene an independent review board to conduct an independent scientific review of the data included in the petition. ``(ii) Within 60 days after the date the Secretary convenes the independent review board, the board shall provide to the Secretary its findings regarding the following: ``(I) The sufficiency of all relevant scientific information and assumptions in the petition relating to the taxonomy, population models, and supportive biological and ecological information regarding the species that is the subject of the petition. ``(II) Whether the methodology and analysis supporting the petition meet the standards of the academic and scientific community. ``(III) Whether the petition is supported by clear and convincing evidence/provides clear and convincing evidence that the petitioned action may be warranted? see section 4(b)(3)(B) of ESA. ``(IV) Whether the review board concurs in the finding of the Secretary under paragraph (3)(A). ``(B)(i) If, within 30 days after the Secretary publishes a finding under paragraph (3)(B)(ii) or (iii), any person submits to the Secretary in writing a request for an independent scientific review of the data upon which such finding is based, the Secretary shall appoint and convene an independent review board to conduct such review. ``(ii) Within 90 days after the date the Secretary convenes the independent review board, the board shall provide to the Secretary its findings regarding the following: ``(I) The sufficiency of all relevant scientific information and assumptions that are the basis for the finding relating to the taxonomy, population models, and supportive biological and ecological information regarding the species that is the subject of the finding. ``(II) Whether the methodology and analysis supporting the finding meet the standards of the academic and scientific community. ``(III) Whether the finding is supported by clear and convincing evidence. ``(IV) Whether the review board concurs in the finding of the Secretary under paragraph (3)(B)(ii) or (iii), as applicable. ``(C) The Secretary shall-- ``(i) publish in the Federal Register each finding by an independent review board under subparagraph (A) or (B); ``(ii) post each such finding on the Internet website of the United States Fish and Wildlife Service; and ``(iii) otherwise make each such finding available to the public. ``(D) If an independent review board finds under subparagraph (A) or (B) that it does not concur in the finding of the Secretary, the Secretary shall-- ``(i) revoke the finding of the Secretary; or ``(ii) publish in the Federal Register an explanation of why the finding of the review board is incorrect, with clear and convincing evidence supporting such explanation. ``(E) The Secretary shall-- ``(i) maintain a list of individuals who are available to participate on independent review boards under this paragraph; ``(ii) seek nominations of individuals to participate on such boards (upon appointment by the Secretary), through the Federal Register, scientific and commercial journals, and the National Academy of Sciences and other such institutions; and ``(iii) update such list every two years. ``(F)(i) An independent review board under subparagraph (A) shall be composed of 3 members, of which-- ``(I) 2 shall be appointed by the Secretary from the list under subparagraph (E); and ``(II) 1 shall be appointed by the Secretary from among qualified individuals nominated by the Governor of a State in which the species concerned is located. ``(ii) An independent review board under subparagraph (B) shall be composed of 5 members, of which-- ``(I) 3 shall be appointed by the Secretary from the list under subparagraph (E); and ``(II) 2 shall be appointed by the Secretary from among qualified individuals nominated by the Governor of a State in which the species concerned is located. ``(iii) If any individual declines appointment to an independent review board under this paragraph, the Secretary shall appoint another individual in the same manner. ``(iv) The selection of the members, and activities, of independent review boards under this paragraph is not subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(v) The identities of the members of independent review boards under this paragraph shall not be made public. ``(vi) The Secretary shall provide compensation to an individual for service as a member of an independent review board under this paragraph, at a rate equal to not to exceed the daily equivalent of the maximum annual rate of basic pay for grade GS-12 of the General Schedule for each day (including travel time) during which the individual is engaged in the actual performance of duties as a member of such board. ``(vii) In this subparagraph, the term `qualified individual' means an individual with expertise in the biological sciences-- ``(I) who is by virtue of advanced education, training, or avocational, academic, commercial, research, or other experience competent to review the adequacy of any scientific methodology supporting a finding by the Secretary and the validity of any conclusions drawn from data used to support the finding; ``(II) who is not a participant in any petition or proposed or final determination before the Secretary; ``(III) who is not, and has not been, employed by or under contract to the Secretary or the State in which is located the species that is the subject of an independent scientific review in which the individual participates, for work related to the finding or species under consideration in such review; and ``(V) who has no direct financial interest, and is not employed by any person with a direct financial interest, in the finding under consideration in such review. ``(G) The Secretary shall publish, with any final regulation implementing an action with respect to which an independent scientific review board is required under this paragraph to be convened, a summary of the report of the independent review board, noting points of disagreement between the reviewers, if any, and the response of the Secretary to the report. ``(H) The report of each independent scientific review board required under this paragraph shall be included in the official record of any regulation with respect to which the board is convened and shall be available for public review 30 days before the close of the period for comment on the regulation.''. (d) Independent Review of Jeopardy Opinions.--Section 7(b) (16 U.S.C. 1536(b)) is amended by adding at the end the following: ``(5)(A)(i) Within 30 days after the date on which the Secretary issues a statement under paragraph (3) that a proposed action is likely to jeopardize the continued existence of a species included in a list under section 4(c), any person may submit to the Secretary a written request for an independent scientific review of the scientific information used in making such statement and any reasonable and prudent measures the Secretary proposes in the statement. ``(ii) Promptly after receiving such a request, the Secretary shall appoint and convene an independent review board to conduct such an independent scientific review. ``(B) Within 90 days after the date the Secretary convenes the independent review board, the board shall provide to the Secretary its findings regarding the following: ``(I) The sufficiency of all relevant scientific information and assumptions in such statement relating to the taxonomy, population models, and supportive biological and ecological information regarding the species that is the subject of the statement. ``(II) Whether the methodology and analysis supporting the statement meet the standards of the academic and scientific community. ``(III) Whether the statement is supported by clear and convincing evidence. ``(IV) Whether the review board concurs in the statement. ``(C) The Secretary shall-- ``(i) publish in the Federal Register each finding by an independent review board under subparagraph (A) or (B); ``(ii) post each such finding on the Internet website of the United States Fish and Wildlife Service; and ``(iii) otherwise make each such finding available to the public. ``(D) If an independent review board finds under subparagraph (B) that it does not concur in the statement of the Secretary, the Secretary shall-- ``(i) revoke the statement; or ``(ii) publish in the Federal Register an explanation of why the finding of the review board is incorrect, with clear and convincing evidence supporting such explanation. ``(E) The Secretary shall-- ``(i) maintain a list of individuals who are available to participate on independent review boards under this paragraph; ``(ii) seek nominations of individuals to participate on such boards (upon appointment by the Secretary), through the Federal Register, scientific and commercial journals, and the National Academy of Sciences and other such institutions; and ``(iii) update such list every two years. ``(F)(i) An independent review board under subparagraph (A) shall be composed of 5 members, of which-- ``(I) 3 shall be appointed by the Secretary from the list under subparagraph (E); and ``(II) 2 shall be appointed by the Secretary from among qualified individuals nominated by the Governor of a State in which the species concerned is located. ``(ii) If any individual declines appointment to an independent review board under this paragraph, the Secretary shall appoint another individual in the same manner. ``(iii) The selection of the members, and activities, of independent review boards under this paragraph is not subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(iv) The identities of the members of independent review boards under this paragraph shall not be made public. ``(v) The Secretary shall provide compensation to an individual for service as a member of an independent review board under this paragraph, at a rate equal to not to exceed the daily equivalent of the maximum annual rate of basic pay for grade GS-12 of the General Schedule level for each day (including travel time) during which the individual is engaged in the actual performance of duties as a member of such board. ``(vi) In this subparagraph, the term `qualified individual' means an individual with expertise in the biological sciences-- ``(I) who is by virtue of advanced education, training, or avocational, academic, commercial, research, or other experience competent to review the adequacy of any scientific methodology supporting a statement by the Secretary and the validity of any conclusions drawn from data used to support the statement; ``(II) who is not a participant in any petition or proposed or final determination before the Secretary; ``(III) who is not, and has not been, employed by or under contract to the Secretary or the State in which is located the species that is the subject of an independent scientific review in which the individual participates, for work related to a statement or species under consideration in such review; and ``(V) who has no direct financial interest, and is not employed by any person with a direct financial interest, in any statement under consideration in such review.''. ``(G) The Secretary shall publish, with any final regulation implementing an action with respect to which an independent scientific review board is required under this paragraph to be convened, a summary of the report of the independent review board, noting points of disagreement between the reviewers, if any, and the response of the Secretary to the report. ``(H) The report of each independent scientific review board required under this paragraph shall be included in the official record of any regulation with respect to which the board is convened and shall be available for public review 30 days before the close of the period for comment on the regulation.''. (e) Limitation on Re-Petition.--Secretary 4(b)(3) (16 U.S.C. 1533(b)(3)) is further amended by adding at the end the following: ``(G) If the Secretary determines pursuant to a petition that addition of a species to either of the lists under subsection (c) is not warranted, another petition regarding that species may not be considered by the Secretary for one year.''.

Summary: Sound Science Saves Species Act of 2002 - Amends the Endangered Species Act of 1973 to require a petition to add or remove a species from either the endangered or threatened species list to contain: (1) evidence of the species' known and historic ranges, the most recent population estimates and trends, and the reason that the petitioned action is warranted, including known or perceived threats; (2) a bibliography of scientific literature on the species; and (3) a description of all available data on the species' historical and current range, population, and distribution, an explanation of the methodology used to collect such data, and an identification of the location where it can be reviewed.Requires the Secretary to make specified notifications after receiving such a petition.Sets forth requirements for the independent scientific review of petitions and findings regarding petitions and jeopardy opinions.Limits re-petitions for adding to such lists.