SECTION 1. PROSPECTIVE PAYMENT FOR INPATIENT REHABILITATION HOSPITAL SERVICES BASED ON DISCHARGES CLASSIFIED BY FUNCTIONAL- RELATED GROUPS. (a) In General.--Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the end the following new subsection: ``(j) Prospective Payment for Inpatient Rehabilitation Services.-- ``(1) In general.--Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of the payment with respect to the operating and capital costs of inpatient hospital services of a rehabilitation hospital or a rehabilitation unit (in this subsection referred to as a `rehabilitation facility') for a discharge is equal to the per discharge payment rate established under this subsection. ``(2) Functional-related groups.-- ``(A) Establishment.--The Secretary shall establish-- ``(i) classes of discharges of rehabilitation facilities by functional-related groups (each in this subsection referred to as a `functional-related group' or `FRG'), based on impairment, age, and functional capability of the discharged individual and such other factors as the Secretary deems appropriate, and ``(ii) a method of classifying specific discharges from rehabilitation facilities within these groups. ``(B) Weighting factors.--For each functional- related group the Secretary shall assign an appropriate weighting which reflects the relative facility resources used with respect to discharges classified within that group compared to discharges classified within other groups. ``(C) Adjustments.--The Secretary shall from time to time adjust the classifications and weighting factors established under this paragraph as appropriate to correct for forecast errors and to reflect changes in treatment patterns, technology, and other factors which may affect the relative use of resources. ``(3) Payment rate.-- ``(A) In general.--The Secretary shall determine a prospective payment rate for each rehabilitation facility discharge for which such rehabilitation facility is entitled to receive payment under this title. Subject to subparagraph (B), such rate for discharges during a fiscal year shall be based on the average payment per discharge under this title for inpatient operating and capital costs of rehabilitation facilities in fiscal year 1995 (as estimated by the Secretary) adjusted-- ``(i) by updating such per-discharge amount to the fiscal year involved by the applicable percentage increases provided under subsection (b)(3)(B)(i) for each year after fiscal year 1995 and up to the fiscal year involved; ``(ii) by reducing such rates by a factor equal to the proportion of payments under this subsection (as estimated by the Secretary) based on FRG prospective payment amounts which are additional payments described in paragraph (4) (relating to outlier and related payments) or paragraph (7); ``(iii) for variations among rehabilitation facilities by area under paragraph (6); ``(iv) by the weighting factors established under paragraph (2)(B); and ``(v) by such other factors as the Secretary determines are necessary to properly reflect variations in necessary costs of treatment among rehabilitation facilities. ``(B) Budget neutral rates.--The Secretary shall establish the prospective payment amounts under this subsection for discharges during each of fiscal years 1998 through 2002 at levels such that, in the Secretary's estimation, the amount of total payments under this subsection for each such fiscal year (including any payment adjustments pursuant to paragraph (7)) shall not exceed the amount of payments that would have been made under this title during the fiscal year for operating and capital costs of rehabilitation facilities had this subsection not been enacted. ``(4) Outlier and special payments.-- ``(A) Outliers.-- ``(i) Day outliers.--The Secretary shall provide for an additional payment to a rehabilitation facility for discharges in a functional-related group, the lengths of stay of which exceeded the mean length of stay for discharges within that group by a fixed number of days or exceeds such mean length of stay by some fixed number of deviations, whichever is the fewer number of days. ``(ii) Requesting additional payments.--For cases not included in clause (i), a rehabilitation facility may request additional payments in any case in which charges, adjusted to cost, exceed a fixed multiple of the applicable prospective payment rate, or exceed such other fixed dollar amount, whichever is greater, or exceed the prospective payment rate plus a fixed dollar amount determined by the Secretary. ``(iii) Payment based on marginal cost of care.--The amount of such additional payment under clauses (i) and (ii) shall be determined by the Secretary and shall approximate the marginal cost of care beyond the cutoff point applicable under clause (i) or (ii). ``(iv) Total payments.--The total amount of the additional payments made under this subparagraph for discharges in a fiscal year may not be less than 5 percent nor more than 6 percent of the total payments projected or estimated to be made based on FRG prospective payment rates for discharges in that year. ``(B) Adjustment.--The Secretary may provide for such adjustments to the payment amounts under this subsection as the Secretary deems appropriate to take into account the unique circumstances of rehabilitation facilities located in Alaska and Hawaii. ``(5) Publication.--The Secretary shall provide for publication in the Federal Register, on or before September 1 before each fiscal year (beginning with fiscal year 1998), of the classification and weighting factors for FRGs under paragraph (2) for such fiscal year and a description of the methodology and data used in computing the prospective payment rates under this subsection for that fiscal year. ``(6) Area wage adjustment.--The Secretary shall adjust the proportion (as estimated by the Secretary from time to time) of rehabilitation facilities' costs which are attributable to wages and wage-related costs, of the prospective payment rates computed under paragraph (3) for area differences in wage levels by a factor (established by the Secretary) reflecting the relative hospital wage level in the geographic area of the rehabilitation facility compared to the national average wage level for such facilities. Not later than October 1, 1998 (and at least every 12 months thereafter), the Secretary shall update the factor under the preceding sentence on the basis of a survey conducted by the Secretary (and updated as appropriate) of the wages and wage-related costs incurred in furnishing rehabilitation services. Any adjustments or updates made under this paragraph for a fiscal year shall be made in a manner that assures that the aggregated payments under this subsection in the fiscal year are not greater or less than those that would have been made in the year without such adjustment. ``(7) Additional adjustments.--The Secretary shall provide by regulation for-- ``(A) an additional payment to take into account indirect costs of medical education and the special circumstances of hospitals that serve a significantly disproportionate number of low-income patients in a manner similar to that provided under subparagraphs (B) and (F), respectively, of subsection (d)(5); and ``(B) such other exceptions and adjustments to payment amounts under this subsection in a manner similar to that provided under subsection (d)(5)(I) in relation to payments under subsection (d). ``(8) Limitation on review.--There shall be no administrative or judicial review under section 1878 or otherwise of-- ``(A) the establishment of FRGs, of the methodology for the classification of discharges within such groups, and of the appropriate weighting factors thereof under paragraph (2), and (B) the establishment of the prospective payment rates under paragraph (3).''. (b) Conforming Amendments.--Section 1886(b) of such Act (42 U.S.C. 1395ww(b)) is amended-- (1) in paragraph (1), by inserting ``and other than a rehabilitation facility described in subsection (j)(1)'' after ``subsection (d)(1)(B)'', and (2) in paragraph (3)(B)(i), by inserting ``and subsection (j)'' after ``For purposes of subsection (d)''. (c) Effective Date.--The amendments made by this section shall apply to cost reporting periods beginning on or after October 1, 1997.

Summary: Amends title XVIII (Medicare) of the Social Security Act to provide for prospective payment under Medicare for inpatient rehabilitation hospital services and units based on discharges classified by functional-related groups.


SECTION 1. FINDINGS. Congress finds the following: (1) The roles of the Department of Defense and the Department of Homeland Security, and the resources necessary for homeland defense, are still evolving. (2) The decision to conduct an additional round of base closures and realignments in 2005 was developed before the tragic events of September 11, 2001. (3) The long-term, costs, and personnel requirements of Operation Enduring Freedom, Operation Noble Eagle, and Operation Iraqi Freedom are still unknown. (4) Additional funds are necessary to adequately supply the Armed Forces for current missions, while expediting military transformation. (5) The Congress will not have the opportunity to thoroughly review and consider the policy decisions culminating in the Global Posture Review before decisions regarding the closure and realignment of military installations will be required in the 2005 round of base closures and realignments. (6) The expected costs of implementing and executing base closures and realignments recommended in the 2005 round is estimated at $15,000,000,000 and net savings from such base closures and realignments will not be realized until approximately 2011. SEC. 2. TWO-YEAR POSTPONEMENT OF 2005 BASE CLOSURE AND REALIGNMENT ROUND. (a) Submittal of Recommendations Regarding Closure or Realignment of Military Installations.--Section 2914 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101- 510; 10 U.S.C. 2687 note), as added by section 3003 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1345), is amended-- (1) in the section heading, by striking ``2005'' and inserting ``2007''; and (2) in subsection (a), by striking ``May 16, 2005,'' and inserting ``May 16, 2007,''. (b) Commission Review and Recommendations.--Subsection (d) of such section is amended-- (1) in paragraphs (1) and (2), by striking ``September 8, 2005'' both places it appears and inserting ``September 8, 2007''; and (2) in paragraph (6)-- (A) by striking ``in 2005'' and inserting ``under this section''; and (B) by striking ``July 1, 2005'' and inserting ``July 1, 2007''. (c) Review by President and Transmittal to Congress.--Subsection (e) of such section is amended-- (1) in paragraph (1)-- (A) by striking ``in 2005'' and inserting ``under this section''; and (B) by striking ``September 23, 2005'' and inserting ``September 23, 2007''; (2) in paragraph (2), by striking ``October 20, 2005'' and inserting ``October 20, 2007''; and (3) in paragraph (3), by striking ``November 7, 2005'' and inserting ``November 7, 2007''. (d) Conforming Amendments.--(1) Section 2904(a)(3) of the Defense Base Closure and Realignment Act of 1990 is amended by striking ``in the 2005 report'' and inserting ``in a report submitted after 2001''. (2) Section 2906(e) of such Act is amended by striking ``2005'' and inserting ``2007''. (3) Section 2906A of such Act is amended-- (A) in the section heading, by striking ``2005'' and inserting ``2007''; and (B) by striking ``2005'' each place it appears and inserting ``2007''. (4) Section 2912 of such Act is amended-- (A) in the section heading, by striking ``2005'' and inserting ``2007''; (B) in subsection (a)(4), by striking ``fiscal year 2006'' and inserting ``fiscal year 2008''; (C) in subsections (b)(2) and (d), by striking ``in 2005'' each place it appears and inserting ``under section 2914''; (D) in subsection (d), by striking ``March 15, 2005'' both places it appears and inserting ``March 15, 2007''; (E) in subsection (d)(4), by striking ``calendar year 2005 and shall terminate on April 15, 2006'' and inserting ``calendar year 2007 and shall terminate on April 15, 2008''; and (F) in subsection (d)(5), by striking ``second session of the 108th Congress for the activities of the Commission in 2005'' and inserting ``second session of the 109th Congress for the activities of the Commission under section 2914''. (5) Section 2913 of such Act is amended-- (A) in the section heading, by striking ``2005'' and inserting ``2007''; (B) by striking ``in 2005'' each place it appears and inserting ``under section 2914''; (C) in subsection (e), by striking ``March 15, 2004'' and inserting ``March 15, 2006''.

Summary: Amends the Defense Base Closure and Realignment Act of 1990 to postpone until: (1) 2007 the implementation of recommendations for military base closures and realignments currently scheduled for 2005; and (2) corresponding dates two years later certain dates for reviews, recommendations, and reports related to to such closures and realignments.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Accountability in Congressional Travel Act of 2012''. SEC. 2. ENHANCED DISCLOSURE OF MEMBER AND STAFF TRAVEL. (a) Reporting Requirements for Official Foreign Travel by Members and Employees.-- (1) Statement required prior to undertaking travel.--A Member or employee of Congress may not undertake any official foreign travel unless, not later than 14 days prior to the date on which the travel begins, the Member or employee prepares and submits to the Clerk of the House of Representatives (in the case of a Member or employee of the House) or the Secretary of the Senate (in the case of a Senator or employee of the Senate) a statement containing the following information: (A) The name and position of the Member or employee involved, and (in the case of an employee) the employing office. (B) The office authorizing the travel. (C) A statement of worthiness regarding the purpose of the travel, including a description of how the travel relates to the Member's or employee's official duties. (D) A tentative itinerary for each day of the travel, including a list of the foreign nations and the locations within each such nation the Member or employee intends to visit and any individuals with whom the Member or employee intends to meet. (E) The names of any other individuals who are accompanying the Member or employee during the travel, without regard to whether such individuals are Members or employees of the House. (F) The amount of per diem the Member or employee requested to be provided for the travel, and whether the amount is greater than the standard per diem provided under chapter 57 of title 5, United States Code. (G) A statement as to whether the aircraft to be used for transportation for the travel is commercial, chartered, private, or military), and (in the case of commercial aircraft) whether the seating is coach, business class, or first class. (H) The Member's or employee's best estimate of the costs of the travel, itemized by the costs of transportation, meals, and lodging. (I) If any portion of the cost of the travel will be paid using appropriated funds other than funds of the House of Representatives or Senate (including funds of the Department of Defense or the Department of State), the name of the office which is the source of such funds. (2) Statement required after completion of travel.--Not later than 14 days after completing any official foreign travel, the Member or employee who undertook the travel shall prepare and submit to the Clerk of the House of Representatives (in the case of a Member or employee of the House) or the Secretary of the Senate (in the case of a Senator or employee of the Senate) a statement containing the following information: (A) The name and position of the Member or employee involved, and (in the case of an employee) the employing office. (B) The office authorizing the travel. (C) A statement detailing the value, worthiness, and educational benefit to the Member or employee of the travel. (D) The actual itinerary for the travel, including a comprehensive statement of travel times, foreign nations visited and the locations visited in each such nation, meetings, and other activities carried out during the travel. (E) The names of any other individuals who did accompany the Member or employee during the travel, without regard to whether such individuals are Members or employees of the House. (F) How much (if any) per diem was provided for the travel and how much (if any) of such per diem was unspent. (G) A statement as to whether the aircraft used for transportation for the travel was commercial, chartered, private, or military), and (in the case of commercial aircraft) whether the seating was coach, business class, or first class. (H) The actual cost of the travel, itemized by the costs of-- (i) transportation (including the identification of the providers of the transportation); (ii) lodging (including the identification of the providers of the lodging); and (iii) meals (including the identification of the providers of the meals). (I) If any portion of the cost of the travel was paid (or will be paid) using appropriated funds other than funds of the House of Representatives or Senate (including funds of the Department of Defense or the Department of State), the name of the office which is the source of such funds and the amount of the payment which is (or which will be) attributable to such office. (3) Exception for classified information.--A Member or employee may exclude from a statement prepared under this subsection any information which is classified, so long as the Member includes documentation in support of the exclusion in the statement prepared under this subsection. (4) Use of electronic filing.--To the greatest extent practicable, a Member or employee shall submit the statements required under this section in both paper and electronic form. (b) Determination and Disclosure of Costs Incurred by Secretary of Defense or Secretary of State.--In the case of official foreign travel of a Member or employee of Congress for which any of the costs are to be paid by funds of the Department of Defense or the Department of State, the Secretary of Defense or the Secretary of State (as the case may be) shall, not later than 10 days after completion of the travel involved, provide the Member or employee with a written statement containing the following information: (1) The cost incurred with respect to the Member or employee, itemized by the cost of transportation, lodging, and meals. (2) A statement as to whether the aircraft used for transportation for the travel was commercial, chartered, private, or military), and (in the case of commercial aircraft) whether the seating was coach, business class, or first class. (3) Such other information as the Member or employee may request in order to enable the Member or employee to prepare and submit the statement required under subsection (a)(2). (c) Internet Posting of Reports.--Upon receiving a statement under subsection (a) with respect to official foreign travel of a Member or employee of Congress, the Clerk of the House of Representatives or the Secretary of the Senate (as the case may be) shall post the statement on the Clerk's or Secretary's official public Internet site in a searchable, sortable, and downloadable manner. SEC. 3. OTHER RESTRICTIONS ON OFFICIAL FOREIGN TRAVEL OF MEMBERS AND STAFF. (a) Prohibiting Vacation Stopovers During Travel.--A Member or employee of Congress may not undertake a vacation stopover for annual leave at any point during official foreign travel. (b) Restrictions on Travel by Employees.-- (1) Travel by employees of members.--An employee of Congress whose employing office is the office of a Member of Congress may not undertake any official foreign travel unless-- (A) the authorizing office for the travel is the office of the Member; (B) the travel is undertaken by the employee to accompany the Member on the Member's own official foreign travel; and (C) no other employee of the office accompanies the Member on such travel. (2) Travel by employees of committees.--An employee of Congress whose employing office is the office of a committee of the House of Representatives or Senate (including a joint committee) may not undertake any official foreign travel unless-- (A) the authorizing office for the travel is the office of the committee; (B) the travel is undertaken by the employee to accompany a Member who serves on the committee on the Member's own official foreign travel; and (C) the number of employees accompanying the Members of the committee on such travel does not exceed the number of Members of the committee who are participating in such travel. (3) Exception for certain travel.--This subsection does not apply with respect to travel to a military installation or travel to a theater of operations of the Armed Forces. (c) Requiring Efforts To Reduce Expenses; Return of Unspent Per Diem.--Each Member and employee of Congress who undertakes official foreign travel shall-- (1) take such actions as may be necessary to reduce the costs incurred for such travel; and (2) return any per diem provided to the Member or employee which remains unexpended as of the conclusion of the travel. (d) No Effect on Other Authorization Requirements.--Nothing in this section shall be construed to affect any requirement under the Rules of the House of Representatives, the Standing Rules of the Senate, or any law that a Member, officer, or employee of Congress obtain authorization for official foreign travel prior to undertaking such travel. (e) Regulations.--This section shall be carried out in accordance with regulations promulgated-- (1) by the Committee on House Administration of the House of Representatives, with respect to Members and employees of the House of Representatives; or (2) by the Committee on Rules and Administration of the Senate, with respect to Senators and employees of the Senate. SEC. 4. DEFINITIONS. In this Act, the following definitions apply: (1) The term ``authorizing office'' means, with respect to a Member or employee of Congress, the office which is authorized under law or the Rules of the House of Representatives or the Standing Rules of the Senate to approve the use of appropriated funds, including official funds of the Senate or House of Representatives, for official travel outside of the United States by the Member or employee. (2) The term ``employee of Congress'' means an individual whose salary is disbursed by the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate. (3) The term ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. (4) The term ``official foreign travel'' means any travel outside of the United States for which the costs (including the costs of transportation, lodging, meals, and related expenses) may be covered by appropriated funds, including official funds of the Senate or House of Representatives, under law or the Rules of the House of Representatives or the Standing Rules of the Senate, or by funds provided under section 502(b) of the Mutual Security Act of 1954 (22 U.S.C. 1754(b)). SEC. 5. EFFECTIVE DATE. This Act shall apply with respect to official foreign travel undertaken after the expiration of the 90-day period which begins on the date of the enactment of this Act.

Summary: Transparency and Accountability in Congressional Travel Act of 2012 - Prohibits a Member of Congress or congressional employee from undertaking any official foreign travel unless, within 14 days before and within 14 days after such travel, the individual prepares and submits to the Clerk of the House of Representatives or the Secretary of the Senate, as appropriate, a specified statement (in both paper and electronic form) containing travel-related information. Allows the Member or congressional employee to exclude classified information from such statements, so long as the Member includes documentation in support of such exclusion. Requires the Secretary of Defense (DOD) or the Secretary of State, as appropriate, for official travel by a Member or congressional employee for which any of the costs are to be paid by their respective departmental funds, to give such individual, within 10 days after completion of such travel, a written statement specifying: (1) the cost incurred, itemized by the cost of transportation, lodging, and meals; and (2) whether the aircraft used was chartered, private, military, or, in the case of commercial aircraft, whether the seating was coach, business class, or first class. Requires the Clerk and the Secretary to post such statements on their respective official public Internet sites. Prohibits a vacation stopover for annual leave at any point during official foreign travel. Specifies restrictions on official foreign travel by Member and House committee employees, except travel to a military installation or to a theater of operations of the Armed Forces. Requires each Member and congressional employee who undertakes official foreign travel to: (1) take necessary actions to reduce travel costs, and (2) return any per diem remaining unexpended at conclusion of the travel.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Family and Medical Leave Enhancement Act of 2009''. SEC. 2. ELIGIBLE EMPLOYEE. Section 101(2)(B)(ii) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)(B)(ii)) is amended by striking ``less than 50'' each place it appears and inserting ``fewer than 25''. SEC. 3. ENTITLEMENT TO ADDITIONAL LEAVE UNDER THE FMLA FOR PARENTAL INVOLVEMENT AND FAMILY WELLNESS. (a) Leave Requirement.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following new paragraph: ``(5) Entitlement to additional leave for parental involvement and family wellness.-- ``(A) In general.--Subject to subparagraph (B) and section 103(g), an eligible employee shall be entitled to leave under this paragraph to-- ``(i) participate in or attend an activity that is sponsored by a school or community organization and relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee; or ``(ii) meet routine family medical care needs, including for medical and dental appointments of the employee or a son, daughter, spouse, or grandchild of the employee, or to attend to the care needs of elderly individuals who are related to the eligible employee, including visits to nursing homes and group homes. ``(B) Limitations.-- ``(i) In general.--An eligible employee is entitled to-- ``(I) not to exceed 4 hours of leave under this paragraph during any 30-day period; and ``(II) not to exceed 24 hours of leave under this paragraph during any 12-month period. ``(ii) Coordination rule.--Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection. ``(C) Definitions.--As used in this paragraph: ``(i) School.--The term `school' means an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), or a child care facility. ``(ii) Community organization.--The term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 101(12), such as a scouting or sports organization.''. (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the third sentence the following new sentence: ``Leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29 U.S.C. 2612(d)(2)) is amended by adding at the end the following new subparagraph: ``(C) Parental involvement leave and family wellness leave.--An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee for any leave under subsection (a)(5). In addition, an eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid medical or sick leave of the employee for leave provided under clause (ii) of subsection (a)(5)(A) for any part of the leave under such clause, except that nothing in this title shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave. If the employee elects or the employer requires the substitution of accrued paid leave for leave provided under subsection (a)(5)(A), the employer shall not restrict or limit this substitution or impose any additional terms and conditions on such leave that are more stringent on the employee than the terms and conditions set forth in this Act.''. (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following new paragraph: ``(4) Notice relating to parental involvement and family wellness leave.--In any case in which an employee requests leave under paragraph (5) of subsection (a), the employee shall-- ``(A) provide the employer with not less than 7 days' notice or as much notice as is practicable before the date the leave is to be taken, of the employee's intention to take leave under such paragraph; and ``(B) in the case of leave to be taken under subparagraph (A)(ii), make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider involved (if any).''. (f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following new subsection: ``(g) Certification Related to Parental Involvement and Family Wellness Leave.--An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. (g) Definition of Grandchild.--Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the following new paragraph: ``(14) Grandchild.--The term `grandchild' means a son or daughter of an employee's son or daughter.''. SEC. 4. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR PARENTAL INVOLVEMENT AND FAMILY WELLNESS. (a) Leave Requirement.--Section 6382(a) of title 5, United States Code, is amended by adding at the end the following new paragraph: ``(5)(A) Subject to subparagraph (B)(i) and section 6383(f), an employee shall be entitled to leave under this paragraph to-- ``(i) participate in or attend an activity that is sponsored by a school or community organization and relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee; or ``(ii) meet routine family medical care needs, including for medical and dental appointments of a son, daughter, spouse, or grandchild of the employee, or to attend to the care needs of elderly individuals who are related to the eligible employee, including visits to nursing homes and group homes. ``(B)(i) An employee is entitled to-- ``(I) not to exceed 4 hours of leave under this paragraph during any 30-day period; and ``(II) not to exceed 24 hours of leave under this paragraph during any 12-month period. ``(ii) Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection. ``(C) For the purpose of this paragraph-- ``(i) the term `school' means an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965), a Head Start program assisted under the Head Start Act, and a child care facility licensed under State law; and ``(ii) the term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 6381(6), such as a scouting or sports organization.''. (b) Schedule.--Section 6382(b)(1) of such title is amended-- (1) by inserting after the second sentence the following new sentence: ``Leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule.''; and (2) in the last sentence, by striking ``involved,'' and inserting ``involved (or, in the case of leave under subsection (a)(5), for purposes of any 30-day or 12-month period),''. (c) Substitution of Paid Leave.--Section 6382(d) of such title is amended-- (1) by inserting ``(1)'' after the subsection designation; and (2) by adding at the end the following: ``(2) An employee may elect to substitute for leave under subsection (a)(5), any of the employee's accrued or accumulated annual or sick leave under subchapter I. If the employee elects to substitute accumulated annual or sick leave for leave provided under subsection (a)(5), the employing agency shall not restrict or limit this substitution or impose any additional terms and conditions on such leave that are more stringent on the employee than the terms and conditions set forth in this subchapter.''. (d) Notice.--Section 6382(e) of such title is amended by adding at the end the following new paragraph: ``(3) In any case in which an employee requests leave under paragraph (5) of subsection (a), the employee shall-- ``(A) provide the employing agency with not less than 7 days' notice, before the date the leave is to be taken, of the employee's intention to take leave under such paragraph; and ``(B) in the case of leave to be taken under subparagraph (A)(ii), make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider involved (if any).''. (e) Certification.--Section 6383(f) of such title is amended by striking ``6382(a)(3)'' and inserting ``paragraph (3) or (5) of section 6382(a)''. (f) Definition of Grandchild.--Section 6381 of title 5, United States Code, is amended-- (1) in paragraph (10), by striking ``and'' at the end; (2) in paragraph (11), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(12) the term `grandchild' means a son or daughter of an employee's son or daughter.''.

Summary: Family and Medical Leave Enhancement Act of 2009 - Amends the Family and Medical Leave Act of 1993 (FMLA) to cover employees at worksites that employ fewer than 50 employees, but not fewer than 25 employees. Continues to exempt from FMLA coverage employees at worksites that employ fewer than 25 employees (currently 50), if the total number of employees employed by that employer within 75 miles of that worksite is fewer than 25 (currently 50). Allows an employee covered by FMLA to take up to 4 hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend activities that are sponsored by a school or community organization; and (2) relate to a program of the school or organization that is attended by the employee's child or grandchild. Permits the use of such parental involvement leave to meet routine family medical care needs, including: (1) such employee's medical and dental appointments, or their spouse, child, or grandchild; and (2) the care needs of their related elderly individuals, including visits to nursing homes and group homes. Allows an employee to elect, or an employer to require, substitution of any of the paid or family leave or paid medical or sick leave of the employee for any leave provided under this Act. Declares that nothing in this Act shall require an employer to provide paid sick leave or paid medical leave in situations where such employer would not normally provide any such paid leave. Imposes on the employee requesting leave certain notification requirements. Allows an employer to require certification supporting such requests. Applies the parental involvement and family wellness leave allowance to federal employees.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Transparency and Ethics Enhancement Act of 2017''. SEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL BRANCH. (a) Establishment and Duties.--Part III of title 28, United States Code, is amended by adding at the end the following: ``CHAPTER 60--INSPECTOR GENERAL FOR THE JUDICIAL BRANCH ``Sec. ``1021. Establishment. ``1022. Appointment, term, and removal of Inspector General. ``1023. Duties. ``1024. Powers. ``1025. Reports. ``1026. Whistleblower protection. ``Sec. 1021. Establishment ``There is established for the judicial branch of the Government the Office of Inspector General for the Judicial Branch (in this chapter referred to as the `Office'). ``Sec. 1022. Appointment, term, and removal of Inspector General ``(a) Appointment.--The head of the Office shall be the Inspector General, who shall be appointed by the Chief Justice of the United States after consultation with the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives. ``(b) Term.--The Inspector General shall serve for a term of 4 years and may be reappointed by the Chief Justice of the United States for any number of additional terms. ``(c) Removal.--The Inspector General may be removed from office by the Chief Justice of the United States. The Chief Justice shall communicate the reasons for any such removal to both Houses of Congress. ``Sec. 1023. Duties ``With respect to the judicial branch, the Office shall-- ``(1) conduct investigations of alleged misconduct in the judicial branch (other than the United States Supreme Court) under chapter 16 that may require oversight or other action within the judicial branch or by Congress; ``(2) conduct investigations of alleged misconduct in the United States Supreme Court that may require oversight or other action within the judicial branch or by Congress; ``(3) conduct and supervise audits and investigations; ``(4) prevent and detect waste, fraud, and abuse; and ``(5) recommend changes in laws or regulations governing the judicial branch. ``Sec. 1024. Powers ``(a) Powers.--In carrying out the duties of the Office, the Inspector General shall have the power to-- ``(1) make investigations and reports; ``(2) obtain information or assistance from any Federal, State, or local governmental agency, or other entity, or unit thereof, including all information kept in the course of business by the Judicial Conference of the United States, the judicial councils of circuits, the Administrative Office of the United States Courts, and the United States Sentencing Commission; ``(3) require, by subpoena or otherwise, the attendance and testimony of such witnesses, and the production of such books, records, correspondence, memoranda, papers, and documents, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by civil action; ``(4) administer to or take from any person an oath, affirmation, or affidavit; ``(5) employ such officers and employees, subject to the provisions of title 5, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; ``(6) obtain services as authorized by section 3109 of title 5 at daily rates not to exceed the equivalent rate for a position at level IV of the Executive Schedule under section 5315 of such title; and ``(7) the extent and in such amounts as may be provided in advance by appropriations Acts, to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the duties of the Office. ``(b) Chapter 16 Matters.--The Inspector General shall not commence an investigation under section 1023(1) until the denial of a petition for review by the judicial council of the circuit under section 352(c) of this title or upon referral or certification to the Judicial Conference of the United States of any matter under section 354(b) of this title. ``(c) Limitation.--The Inspector General shall not have the authority to-- ``(1) investigate or review any matter that is directly related to the merits of a decision or procedural ruling by any judge, justice, or court; or ``(2) punish or discipline any judge, justice, or court. ``Sec. 1025. Reports ``(a) When To Be Made.--The Inspector General shall-- ``(1) make an annual report to the Chief Justice and to Congress relating to the activities of the Office; and ``(2) make prompt reports to the Chief Justice and to Congress on matters that may require action by the Chief Justice or Congress. ``(b) Sensitive Matter.--If a report contains sensitive matter, the Inspector General may so indicate and Congress may receive that report in closed session. ``(c) Duty To Inform Attorney General.--In carrying out the duties of the Office, the Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law. ``Sec. 1026. Whistleblower protection ``(a) In General.--No officer, employee, agent, contractor, or subcontractor in the judicial branch may discharge, demote, threaten, suspend, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any possible violation of Federal law or regulation, or misconduct, by a judge, justice, or any other employee in the judicial branch, which may assist the Inspector General in the performance of duties under this chapter. ``(b) Civil Action.--An employee injured by a violation of subsection (a) may, in a civil action, obtain appropriate relief.''. (b) Technical and Conforming Amendment.--The table of chapters for part III of title 28, United States Code, is amended by adding at the end the following: ``60. Inspector General for the judicial branch............ 1021''.

Summary: Judicial Transparency and Ethics Enhancement Act of 2017 This bill amends the federal judicial code to establish the Office of Inspector General for the Judicial Branch to investigate alleged misconduct in the judicial branch, including the Supreme Court; to conduct and supervise audits and investigations; and to prevent and detect waste, fraud, and abuse.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Bureau of Consumer Financial Protection Advisory Board Enhancement Act''. SEC. 2. ESTABLISHMENT OF ADVISORY BOARDS WITHIN THE BUREAU OF CONSUMER FINANCIAL PROTECTION. (a) In General.--The Consumer Financial Protection Act of 2010 is amended by inserting after section 1014 (12 U.S.C. 5494) the following: ``SEC. 1014A. ADVISORY BOARDS. ``(a) Definitions.--In this section-- ``(1) the term `eligible financial product or service' means a financial product or service that is offered or provided for use by consumers primarily for personal, family, or household purposes as described in clause (i), (iii), (v), (vi), or (ix) of section 1002(15)(A); ``(2) the term `rural area' has the meaning given the term in section 1393(a)(2) of the Internal Revenue Code of 1986; and ``(3) the terms `small business concern', `small business concern owned and controlled by veterans', and `small business concern owned and controlled by women' have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632). ``(b) Small Business Advisory Board.-- ``(1) Establishment.--The Director shall establish a Small Business Advisory Board-- ``(A) to advise and consult with the Bureau in the exercise of the functions of the Bureau under the Federal consumer financial laws applicable to eligible financial products or services; and ``(B) to provide information on emerging practices of small business concerns that provide eligible financial products or services, including regional trends, the effect that decisions by the Bureau have on rural areas, concerns, and other relevant information. ``(2) Membership.-- ``(A) Number.--The Director shall appoint not less than 15 and not more than 20 members to the Small Business Advisory Board. ``(B) Qualification.--Members appointed under subparagraph (A) shall be representatives of small business concerns that-- ``(i) provide eligible financial products or services; and ``(ii) are service providers to covered persons. ``(C) Additional considerations.--In appointing members under subparagraph (A), the Director shall-- ``(i) include members representing small business concerns owned and controlled by veterans, small business concerns owned and controlled by women, and minority-owned small business concerns, and the interests of those concerns, without regard to party affiliation; and ``(ii) require an adequate representation of members that own small business concerns for which the principal place of business is in a rural or underserved area. ``(3) Meetings.--The Small Business Advisory Board-- ``(A) shall meet from time to time at the call of the Director; and ``(B) shall meet not less than twice each year. ``(c) Credit Union Advisory Council.-- ``(1) Establishment.--The Director shall establish a Credit Union Advisory Council to advise and consult with the Bureau on consumer financial products or services that impact credit unions. ``(2) Membership.-- ``(A) Number.--The Director shall appoint not less than 15 and not more than 20 members to the Credit Union Advisory Council. ``(B) Considerations.--In appointing members under subparagraph (A), the Director shall-- ``(i) include members representing credit unions predominantly serving traditionally underserved communities and populations and their interests, without regard to party affiliation; and ``(ii) require an adequate representation of members that represent credit unions that are headquartered in a rural or underserved area. ``(3) Meetings.--The Credit Union Advisory Council-- ``(A) shall meet from time to time at the call of the Director; and ``(B) shall meet not less than twice each year. ``(d) Community Bank Advisory Council.-- ``(1) Establishment.--The Director shall establish a Community Bank Advisory Council to advise and consult with the Bureau on consumer financial products or services that impact community banks. ``(2) Membership.-- ``(A) Number.--The Director shall appoint not less than 15 and not more than 20 members to the Community Bank Advisory Council. ``(B) Considerations.--In appointing members under subparagraph (A), the Director shall-- ``(i) include members representing community banks predominantly serving traditionally underserved communities and populations and their interests, without regard to party affiliation; and ``(ii) require an adequate representation of members that represent community banks that are headquartered in a rural or underserved area. ``(3) Meetings.--The Community Bank Advisory Council-- ``(A) shall meet from time to time at the call of the Director; and ``(B) shall meet not less than twice each year. ``(e) Compensation and Travel Expenses.--Members of the Small Business Advisory Board, the Credit Union Advisory Council, or the Community Bank Advisory Council, as established under subsections (b), (c), and (d), respectively, who are not full-time employees of the United States shall-- ``(1) be entitled to receive compensation at a rate fixed by the Director while attending meetings of the Small Business Advisory Board, the Credit Union Advisory Council, or the Community Bank Advisory Council, including travel time; and ``(2) be allowed travel expenses, including transportation and subsistence, while away from their homes or regular places of business.''. (b) Table of Contents Amendment.--The table of contents in section 1 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by inserting after the item relating to section 1014 the following: ``Sec. 1014A. Advisory Boards.''.

Summary: Bureau of Consumer Financial Protection Advisory Board Enhancement Act This bill amends the Consumer Financial Protection Act of 2010 to require the Director of the Consumer Financial Protection Bureau (CFPB) to establish: (1) a Small Business Advisory Board to advise and consult with the CFPB in the exercise of its functions under the federal consumer financial laws regarding financial products or services provided for use by consumers primarily for personal, family, or household purposes and to provide information on emerging practices of small businesses that provide such products or services; and (2) a Credit Union Advisory Council and a Community Bank Advisory Council to advise and consult with the CFPB on consumer financial products or services that impact credit unions and community banks, respectively.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Preservation of Antibiotics for Human Treatment Act of 2002''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Several antibiotics and classes of antibiotics, particularly penicillins, tetracyclines, macrolides (including but not limited to erythromycin and tylosin), lincomycin, bacitracin, virginiamycin, aminoglycosides, and sulfonamides, that either are used in or are related to antibiotics used in humans to treat infectious diseases are also routinely administered to healthy agricultural animals, generally via feed or water, in order to promote the animals' growth or to prevent disease. Such uses do not require a veterinarian's prescription. (2) Mounting scientific evidence shows that this nontherapeutic use of antibiotics in agricultural animals can lead to development of antibiotic-resistant bacteria that can be transferred to people, making it harder to treat certain infections. (3) In 1969, the Swann Committee was formed in the United Kingdom to examine the public health effects of use of antimicrobial drugs in food-producing animals. The Committee recommended that antimicrobials be divided into ``feed'' and ``therapeutic'' classes of drugs and that the ``feed'' class not include drugs used therapeutically in humans or animals. Most developed countries in the world, with the exception of the United States and Canada, restrict the use of antimicrobials in animal production systems for growth promotion. (4) In 1997, the World Health Organization recommended that antibiotics used to treat humans should not also be used to promote animal growth, although such antibiotics could still be used to treat ill animals. (5) In July 1998, the National Academy of Sciences, in a report prepared at the request of the United States Department of Agriculture and the Food and Drug Administration, concluded ``there is a link between the use of antibiotics in food animals, the development of bacterial resistance to these drugs, and human disease''. (6) In December 1998, health ministers for the European Union countries voted to ban the remaining human-use antibiotics still in use to promote animal growth. The ban on using virginiamycin, tylosin, spiramycin, and bacitracin in animal feed became effective for the 15 member states of the European Union on July 1, 1999. Prior to that action, individual European countries, including the United Kingdom, Denmark, Finland, and Sweden, had banned the use in animal feed of specific antibiotics. (7) An April 1999 study by the General Accounting Office concluded that resistant strains of three microorganisms that cause foodborne illness or disease in humans--salmonella, campylobacter, and E. coli--are linked to the use of antibiotics in animals. (8) In October 2000, the Food and Drug Administration issued a notice announcing its intention to withdraw approvals for use of fluoroquinolone antibiotics in poultry, in light of the fact that increased resistance to fluoroquinolones in certain bacteria followed approval of those antibiotics for such use in the mid-1990s. While one company (Abbott Laboratories) immediately agreed to voluntarily withdraw its product, the only other manufacturer (Bayer Corp.) is contesting FDA's proposed withdrawal and continues to market its product. Previous proceedings by FDA to withdraw approval of animal drugs have taken substantial amounts of time following initiation of formal action by FDA, including 6 years in one instance and 20 in another. (9) In November 2000, the American Medical Association, American Public Health Association, and other health organizations urged Bayer Corp. to comply voluntarily with FDA's proposed ban. (10) In June 2001, the American Medical Association adopted a resolution opposing nontherapeutic use of antimicrobials in animal agriculture. Organizations that have taken a similar position include the American College of Preventive Medicine, the American Public Health Association, and the Council of State and Territorial Epidemiologists. (11) In October 2001, the New England Journal of Medicine published a guest editorial titled ``Antimicrobials in Animal Feed--Time to Stop''. The editorial urged a ban on nontherapeutic use in animals of medically important antibiotics, and on use in animals of fluoroquinolones. (12) In January 2001, a Federal Interagency Task Force released an Action Plan, which notes that ``drug-resistant pathogens are a growing menace to all people, regardless of age, gender, or socioeconomic background. If we do not act to address the problem... [d]rug choices for the treatment of common infections will become increasingly limited and expensive--and, in some cases, nonexistent.''. (13) Scientific studies have shown that resistance traits can be transferred among unrelated species of bacteria, including from nonpathogens to pathogens. SEC. 3. REQUIRING PROOF OF SAFETY OF ANTIMICROBIAL NEW ANIMAL DRUGS. (a) Nontherapeutic Use; Applications Pending on or Submitted After Enactment.--Section 512(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(d)(1)) is amended-- (1) in subparagraph (H), by striking ``or'' at the end; (2) by redesignating subparagraph (I) as subparagraph (J); (3) by inserting after subparagraph (H) the following subparagraph: ``(I) such drug is an antimicrobial new animal drug and the applicant has failed to demonstrate that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the nontherapeutic use of such drug; or''; and (4) in the matter after and below subparagraph (J) (as redesignated by paragraph (2) of this subsection), by striking ``(A) through (I)'' and inserting ``(A) through (J)''. (b) Nontherapeutic Use; Rescinding of Approval for Certain Currently Approved Drugs.--Section 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by adding at the end the following subsection: ``(q) With respect to each antimicrobial new animal drug for which, as of the day before the date of the enactment of the Preservation of Antibiotics for Human Treatment Act of 2002, there was in effect an approval of an application filed pursuant to subsection (b), the approval of a nontherapeutic use of such drug (including use through animal feed that bears or contains such drug) is subject to the following, as applicable: ``(1) In the case of penicillins, tetracyclines, macrolides (including but not limited to erythromycin and tylosin), lincomycin, bacitracin, virginiamycin, aminoglycosides, and sulfonamides: ``(A) Each approval of a nontherapeutic use of any of such drugs in an animal is rescinded upon the expiration of the two-year period beginning on such date of enactment unless, before the expiration of such period, the Secretary determines that the holder of the approved application has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the nontherapeutic use of such drug. ``(B) In carrying out subparagraph (A), the Secretary may not consider any data regarding the antimicrobial new animal drug involved that is submitted to the Secretary after the expiration of the 180-day period beginning on such date of enactment, unless such data were not available for submission within such 180-day period. ``(C) If pursuant to subparagraph (A) the Secretary determines, with respect to the antimicrobial new animal drug involved, that there is not a reasonable certainty of no harm to human health, the Secretary may issue an order withdrawing approval of such drug at any time before the date on which the drug would be rescinded under such subparagraph. ``(2) In the case of an antimicrobial new animal drug that is not referred to in paragraph (1): ``(A) If the Secretary grants an exemption under section 505(i) regarding such a drug, or a drug with substantially the same active ingredients, each approval of a nontherapeutic use of such new animal drug in an animal is rescinded upon the expiration of the two-year period beginning on the date on which the Secretary provides notice in accordance with subparagraph (C) regarding the new animal drug, except as provided in subparagraph (D). Such notice shall be so provided not later than 10 days after the date on which the Secretary grants the exemption under section 505(i). ``(B) If an application for such a drug, or a drug with substantially the same active ingredients, is submitted to the Secretary under section 505(b) or under section 351 of the Public Health Service Act, and the Secretary has not previously granted an exemption under section 505(i) regarding the drug, each approval of a nontherapeutic use of such new animal drug in an animal is rescinded upon the expiration of the two-year period beginning on the date on which the Secretary provides notice in accordance with subparagraph (C) regarding the new animal drug, except as provided in subparagraph (D). Such notice shall be so provided not later than 10 days after the date on which the Secretary receives the application under section 505(b) or under such section 351, as the case may be. ``(C) For purposes of subparagraph (A) and (B), notice regarding the antimicrobial new animal drug involved is provided in accordance with this subparagraph if the Secretary informs the holder of the approved application for the nontherapeutic use of such drug, in writing, of the applicability of this paragraph to such application (including that approval of the application will be rescinded, except as provided in subparagraph (D), and including the opportunity under subparagraph (E) to submit data). ``(D) Subparagraph (A) or (B), as the case may be, applies to the antimicrobial new animal drug involved unless, before the date on which approval would be rescinded under such subparagraph, the Secretary determines that the holder of the approved application has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the nontherapeutic use of such drug. ``(E) In carrying out subparagraph (A) or (B), the Secretary may not consider any data regarding the antimicrobial new animal drug involved that is submitted to the Secretary after the expiration of the 180-day period beginning on the date on which the Secretary provides notice in accordance with subparagraph (C) to the holder of the approved application for the nontherapeutic use of such drug. ``(F) If pursuant to subparagraph (A) or (B) the Secretary determines, with respect to the antimicrobial new animal drug involved, that there is not a reasonable certainty of no harm to human health, the Secretary may issue an order withdrawing approval of such drug at any time before the date on which the drug would be rescinded under such subparagraph.''. (c) All Uses of Fluoroquinolones in Poultry; Rescinding of Approval for Currently Approved Drugs.--Section 512 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (b) of this section, is amended by adding at the end the following: ``(r) With respect to a fluoroquinolone for which, as of the day before the date of the enactment of the Preservation of Antibiotics for Human Treatment Act of 2002, there was in effect an approval of an application filed pursuant to subsection (b), the use of such drug (including use through animal feed that bears or contains such drug) is subject to the following: ``(1) Each approval of the use of such drug in poultry is rescinded upon the expiration of the 180-day period beginning on such date of enactment unless, before the expiration of such period, the Secretary determines that the holder of the approved application has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the use of such drug in poultry. ``(2) In carrying out paragraph (1), the Secretary may not consider any data regarding a fluoroquinolone that is submitted to the Secretary by the holder of the approved application unless such data has been submitted to FDA Docket No. 00N-1571. The preceding sentence may not be construed as requiring the Secretary to accept further submissions to such docket if the period designated by the Secretary for the receipt of such submissions has ended.''. (d) Definition of Nontherapeutic Use.--Section 512 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (c) of this section, is amended by adding at the end the following: ``(s) For purposes of this section, the term `nontherapeutic use', with respect to an antimicrobial new animal drug, means any use of such drug in an animal in the absence of disease, including use for growth promotion, feed efficiency, or routine disease prevention.''.

Summary: Preservation of Antibiotics for Human Treatment Act of 2002 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to refuse to approve an application for an antimicrobial new animal drug when the applicant fails to demonstrate to a reasonable certainty that human health will not be harmed because of the development of antimicrobial resistance attributable to the nontherapeutic use of such drug.Rescinds within a specified period existing approvals and exemptions concerning the nontherapeutic use of certain antimicrobial drugs until the applicant meets the same standard of lack of harm to human health as required for new animal drugs, including the use of penicillins, tetracyclines, macrolides, lincomycin, bacitracin, virginiamycin, aminoglycosides, and sulfonamides in an animal and fluroroquinolones in poultry.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Declaration of Official Language Act of 1997''. SEC. 2. ENGLISH AS OFFICIAL LANGUAGE. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT ``Sec. ``161. Declaration of official language. ``162. Preferred language of communication ``163. Preserving and enhancing the role of the official language ``164. Duties of citizenship. ``165. Reform of naturalization requirement. ``166. Exceptions. ``167. Preemption. ``168. Construction. ``169. Enforcement. ``Sec. 161. Declaration of official language ``English is the official language of the Government of the United States. ``Sec. 162. Preferred language of communication ``English is the preferred language of communication among citizens of the United States. ``Sec. 163. Preserving and enhancing the role of the official language ``The Government of the United States shall promote and support the use of English for communications among United States citizens. Communications by officers and employees of the Government of the United States with United States citizens shall be in English. ``Sec. 164. Duties of citizenship ``All United States citizens should be encouraged to read, write, and speak English to the extent of their physical and mental abilities. ``Sec. 165. Reform of naturalization requirements ``(a) It has been the long-standing national belief that full citizenship in the United States requires fluency in English. English is the language of opportunity for all immigrants to take their rightful place in American society. ``(b) The Immigration and Naturalization Service shall-- ``(1) enforce the established English language proficiency standard for all applicants for United States citizenship, and ``(2) conduct all naturalization ceremonies entirely in English. ``Sec. 166. Exceptions ``This chapter does not apply to the use of a language other than English for-- ``(1) religious purposes, ``(2) training in foreign languages for international communication, or ``(3) use of non-English terms of art in government documents. ``Sec. 167. Preemption ``This chapter preempts any State or Federal law which is inconsistent with this chapter. ``Sec. 168. Construction ``This Act is not intended to affect programs in schools designed to encourage students to learn foreign languages. ``Sec. 169. Enforcement ``(a) Cause of Action.--Whoever is injured by a violation of this chapter may, in a civil action, obtain appropriate relief. ``(b) Attorney's Fees.--In any action under this chapter, the court may allow a prevailing party, other than the United States, a reasonable attorney's fee as part of costs.''. (b) Clerical Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Government............................. 161''. (c) Repeals.--Title VII of the Elementary and Secondary Education Act of 1965 (other than sections 7201 through 7309) is repealed. SEC. 3. REPEAL OF BILINGUAL VOTING REQUIREMENTS. (a) In General.-- (1) Bilingual election requirements.-- Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed. (2) Voting rights.--Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is amended by striking subsection (f). (b) Conforming Amendments.-- (1) References to section 203.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in section 204, by striking ``or 203,''; and (B) in the first sentence of section 205, by striking ``, 202, or 203'' and inserting ``or 202''. (2) References to section 4.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, and 13, by striking ``, or in contravention of the guarantees set forth in section 4(f)(2)''; (B) in paragraphs (1)(A) and (3) of section 4(a), by striking ``or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2)''; and (C) in paragraphs (1)(B) and (5) of section 4(a), by striking ``or (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) that denials or abridgments of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision''.

Summary: Declaration of Official Language Act of 1997 - Declares English to be the official language of the U.S. Government. States that English is the preferred language of communication among U.S. citizens. Requires the U.S. Government to promote and support the use of English for communications among U.S. citizens. Requires communications by officers and employees of the U.S. Government with U.S. citizens to be in English. Directs the Immigration and Naturalization Service to: (1) enforce the established English language proficiency standard for all applicants for U.S. citizenship; and (2) conduct all naturalization ceremonies entirely in English. Allows anyone injured by a violation of such provisions to obtain appropriate relief in a civil action. Authorizes the court in any such action to allow a prevailing party, other than the U.S. Government, a reasonable attorney's fee as part of costs. Repeals the Bilingual Education Act (title VII of the Elementary and Secondary Education Act of 1965). Amends the Voting Rights Act of 1965 to repeal bilingual voting requirements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Legislative Automatic Spending Hikes (SLASH) Act of 2008''. TITLE I--ELIMINATION OF INEFFECTIVE AGENCIES AND PROGRAMS SEC. 101. ANNUAL LIST OF AFFECTED AGENCIES AND PROGRAMS. Before October 1 of each calendar year, the Director of the Office of Management and Budget shall transmit to Congress a report containing a list comprised of all agencies and programs that received ineffective ratings under the most recent program assessment rating tool pursuant to the Government Performance and Results Act of 1993 (Public Law 103- 62; 107 Stat. 285) or three consecutive annual adequate ratings under that program assessment rating tool and the preceding two program assessment rating tools. SEC. 102. TERMINATION OF CERTAIN AGENCIES AND PROGRAMS. Sixty calendar days after the date upon which the Director of the Office of Management and Budget transmits a report to Congress under section 1, all agencies and programs named on such list shall terminate unless, before the end of such 60-day period, a statute has been enacted into law stating that all such agencies and programs shall not terminate. SEC. 103. TRANSITION PROVISIONS. Whenever any agency or program is terminated under this Act, all orders, grants, contracts, and other determinations or actions of that agency or program that are effective as of the date before the date of such termination, shall be transferred by the Director of the Office of Management and Budget to an appropriate agency and shall continue in effect according to their terms unless changed pursuant to law. SEC. 104. ESTIMATION OF SAVINGS. The Director of the Office of Management and Budget shall annually estimate the dollar amount of savings to the Government from the operation of this title for each calendar year and shall annually report such dollar amount to the Secretary of the Treasury. TITLE II--REBATES TO TAXPAYERS SEC. 201. REBATE OF SAVINGS TO TAXPAYERS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. PROGRAM ELIMINATION REBATES. ``(a) In General.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by subtitle A for the first taxable year beginning in any calendar year an amount equal to the program elimination rebate amount determined by the Secretary for such calendar year. ``(b) Program Elimination Rebate Amount.--For purposes of this section, the term `program elimination rebate amount' means, with respect to any calendar year, the amount that the Secretary estimates will result in a reduction in revenue to the Government equal to the dollar amount of estimated savings reported to the Secretary by the Director of the Office of Management and Budget under section 104 of the Stop Legislative Automatic Spending Hikes (SLASH) Act of 2008 for the preceding calendar year. ``(c) Eligible Taxpayer.--For purposes of this section, ``(1) In general.--The term `eligible taxpayer' means any eligible individual if such taxpayer-- ``(A) has qualifying income of at least $3,000, or ``(B) has-- ``(i) net income tax liability which is greater than zero, and ``(ii) gross income which is greater than the sum of the basic standard deduction plus the exemption amount (twice the exemption amount in the case of a joint return). ``(2) Eligible individual.--The term `eligible individual' means any individual other than-- ``(A) any nonresident alien individual, ``(B) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, and ``(C) an estate or trust. ``(3) Qualifying income.--The term `qualifying income' means-- ``(A) earned income, ``(B) Social Security benefits (within the meaning of section 86(d)), and ``(C) any compensation or pension received under chapter 11, chapter 13, or chapter 15 of title 38, United States Code. ``(4) Net income tax liability.--The term `net income tax liability' means the excess of-- ``(A) the sum of the taxpayer's regular tax liability (within the meaning of section 26(b)) and the tax imposed by section 55 for the taxable year, over ``(B) the credits allowed by part IV (other than section 24 and subpart C thereof) of subchapter A of chapter 1. ``(d) Treatment of Credit.--The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. ``(e) Coordination With Advance Refunds of Credit.-- ``(1) In general.--The amount of credit which would (but for this paragraph) be allowable under this section for any taxable year shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (f) with respect to such amount for the preceding taxable year. Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ``(2) Joint returns.--In the case of a refund or credit made or allowed under subsection (f) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return. ``(f) Advance Refunds and Credits.-- ``(1) In general.--Each individual who was an eligible individual for the taxable year preceding any taxable year to which subsection (a) applies shall be treated as having made a payment against the tax imposed by chapter 1 for such preceding taxable year in an amount equal to the program elimination refund amount determined for the taxable year to which subsection (a) applies. ``(2) Timing of payments.--The Secretary shall, subject to the provisions of this title, refund or credit any overpayment attributable to this subsection as rapidly as possible. No refund or credit shall be made or allowed under this subsection with respect to any taxable year beginning in a calendar year after December 31 of the following calendar year. ``(3) No interest.--No interest shall be allowed on any overpayment attributable to this subsection. ``(g) Identification Number Requirement.-- ``(1) In general.--No credit shall be allowed under subsection (a) to an eligible individual who does not include on the return of tax for the taxable year-- ``(A) such individual's valid identification number, and ``(B) in the case of a joint return, the valid identification number of such individual's spouse, ``(2) Valid identification number.--For purposes of paragraph (1), the term `valid identification number' means a Social Security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.''. (b) Administrative Provisions.-- (1) Definition of deficiency.--Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``and 6428'' and inserting ``6428 and 6431''. (2) Mathematical or clerical error authority.--Section 6213(g)(2)(L) of such Code is amended by striking ``or 6428'' and inserting ``6428, or 6431''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or 6428'' inserting ``6428, or 6431''. (2) The table of section for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6431. Program elimination rebates.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Summary: Stop Legislative Automatic Spending Hikes (SLASH) Act of 2008 - Requires: (1) the Director of the Office of Management and Budget (OMB) to report to Congress on all agencies and programs that received ineffective ratings or three consecutive annual adequate ratings under the Government Performance and Results Act of 1993; (2) the termination of such agencies and programs unless continued by statute; (3) the transfer of the functions of such terminated agencies and programs to other appropriate agencies; and (4) an annual OMB estimate of the savings under this Act. Amends the Internal Revenue Code to grant tax rebates to individual taxpayers from the amounts saved by the termination of ineffective agencies and programs under this Act.


SECTION 1. REDEPLOYMENT OF UNITED STATES ARMED FORCES AND DEFENSE CONTRACTORS FROM IRAQ. (a) Commencement of Redeployment.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall commence the redeployment of units and members of the Armed Forces deployed in Iraq as part of Operation Iraqi Freedom and contractors operating in Iraq and funded using amounts appropriated to the Department of Defense. (b) Completion of Redeployment.--The Secretary of Defense shall complete the redeployment of the Armed Forces and defense contractors from Iraq within 180 days beginning on the date of the commencement of the redeployment required under subsection (a). (c) Prohibition on Use of Funds To Increase Armed Forces Serving in Iraq.--Funds appropriated or otherwise made available to the Department of Defense under any provision of law may not be obligated or expended to increase the number of members of the Armed Forces serving in Iraq in excess of the number of members serving in Iraq as of January 1, 2007, unless the increase has been specifically authorized in advance by an Act of Congress. (d) Authority To Determine Locations Outside of Iraq for Redeployment.--Nothing in this section shall be construed to restrict the locations outside of Iraq to which units and members of the Armed Forces redeployed from Iraq may be transferred, including redeployment to an adjacent or nearby country at the invitation of the government of the country or redeployment to bolster military forces deployed in Afghanistan as part of Operation Enduring Freedom. (e) Authority To Retain Armed Forces in Iraq for Limited Purposes.--The Secretary of Defense may retain in Iraq members of the Armed Forces for the purpose of providing security for the United States Embassy and other United States diplomatic missions in Iraq; protecting American citizens, including members of the Armed Forces; serving in roles consistent with customary diplomatic positions; engaging in targeted special actions limited in duration and scope to killing or capturing members of al-Qaeda and other terrorist organizations with global reach; and training and equipping members of the Iraqi Security Forces. At the request of the Government of Iraq, the Secretary of Defense may retain in Iraq members of the Army Corps of Engineers and defense contractors engaged in reconstruction projects in Iraq, to the extent necessary to complete such projects. (f) Availability of Funds for Safe and Orderly Redeployment.-- Notwithstanding any other provision of law, funds appropriated or otherwise made available in any Act are immediately available for obligation and expenditure to plan and execute a safe and orderly redeployment of the Armed Forces and defense contractors from Iraq, as required by this section. (g) Transfer of United States Military Facilities in Iraq.--The President of the United States shall transfer to the Government of Iraq all right, title, and interest held by the United States in any military facility in Iraq that was constructed, repaired, or improved using amounts appropriated to the Department of Defense and occupied by a unit of the Armed Forces. (h) Prohibition on Use of Funds To Further Deploy United States Armed Forces to Iraq.--Beginning on the date of the completion of the redeployment of the Armed Forces from Iraq under subsection (b), funds appropriated or otherwise made available under any provision of law may not be obligated or expended to further deploy units or members of the Armed Forces to Iraq, including through participation in any multinational force in Iraq, except as provided under subsection (e) or unless such deployment of units or members of the Armed Forces is specifically authorized in advance by an Act of Congress. (i) Assistance to Iraqi Security Forces and Multinational Forces in Iraq.--Nothing in this section shall be construed to prohibit or otherwise restrict the use of funds available to the Department of Defense for the purpose of providing financial assistance or equipment to the Iraqi Security Forces or multinational forces providing security or training in Iraq at the request of the Government of Iraq. (j) Continuation of Diplomatic, Social, and Economic Reconstruction Activities in Iraq.--Nothing in this section shall be construed to prohibit or otherwise restrict the use of funds available to any department or agency of the United States (other than the Department of Defense) to carry out diplomatic, social, and economic reconstruction activities in Iraq at the request of the Government of Iraq. (k) Asylum or Other Means of Protection for Iraqi Citizens.-- Nothing in this section shall be construed to prohibit or otherwise restrict the authority of the President to arrange asylum or other means of protection for Iraqi citizens who might be physically endangered by the redeployment of the Armed Forces from Iraq. (l) Definition.--In this section, the term ``Armed Forces'' has the meaning given the term in section 101(a)(4) of title 10, United States Code.

Summary: Requires the Secretary of Defense: (1) within 90 days after the enactment of this Act, to commence the redeployment of units and members of the Armed Forces (U.S. forces) deployed in Iraq as part of Operation Iraqi Freedom and defense contractors operating in Iraq and funded using amounts appropriated to the Department of Defense (DOD); and (2) to complete such redeployment within 180 days after its commencement. Prohibits the use of DOD funds to increase the number of U.S. forces serving in Iraq in excess of the number of U.S. forces serving in Iraq as of January 1, 2007, unless specifically authorized by Congress. Authorizes the Secretary to retain in Iraq U.S. forces for: (1) providing security for embassy and diplomatic missions; (2) protecting American citizens; (3) serving in roles consistent with diplomatic positions; (4) engaging in targeted special actions of killing or capturing members of al-Qaeda and other terrorist organizations with global reach; and (5) training and equipping members of the Iraqi Security Forces. Makes funds immediately available to plan and execute a redeployment of U.S. forces and defense contractors from Iraq. Requires the President to transfer to the government of Iraq all right, title, and interest held by the United States in any military facility in Iraq that was constructed, repaired, or improved using amounts appropriated to DOD and occupied by U.S. forces. Prohibits any funds from being used to further deploy U.S. forces to Iraq after completion of the redeployment, unless specifically authorized by Congress. Prohibits anything in this Act from being construed to: (1) restrict the locations outside of Iraq to which U.S. forces redeployed from Iraq may be transferred; (2) prohibit or otherwise restrict the use of funds available to DOD for the purpose of providing financial assistance or equipment to the Iraqi Security Forces or multinational forces providing security or training in Iraq at the request of the government of Iraq; (3) prohibit or otherwise restrict the use of funds available to any department or agency of the United States (other than DOD) to carry out diplomatic, social, and economic reconstruction activities in Iraq at the request of the government of Iraq; and (4) prohibit or otherwise restrict the authority of the President to arrange asylum or other means of protection for Iraqi citizens who might be physically endangered by the redeployment of U.S. forces from Iraq.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Immunization Incentive Act of 1993''. SEC. 2. AFDC BENEFITS DENIED FOR CHILDREN WHO HAVE NOT RECEIVED PREVENTIVE HEALTH CARE OR IMMUNIZATIONS. Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended-- (1) by striking ``and'' at the end of paragraph (44); (2) by striking the period at the end of paragraph (45) and inserting ``; and''; and (3) by inserting after paragraph (45) the following: ``(46) provide that-- ``(A) aid under the plan shall not be payable with respect to any child who has not attained the age of 6 years, unless the State agency has received from 1 or more physicians written verification (on a form prescribed by the State)-- ``(i) that the child has been examined by a physician not less frequently than-- ``(I) in the case of a child who has not attained the age of 19 months, every 6 months since the child was born; and ``(II) in the case of any other child, every 6 months until the child attained the age of 19 months, and every year thereafter; ``(ii) that the child has been immunized in accordance with recommendations issued by the Surgeon General of the Public Health Service; and ``(iii) of any contraindication which exempts the child from receiving an immunization; ``(B) the State will conduct appropriate education and outreach activities designed to-- ``(i) increase public awareness of the importance of preventive health care and immunizations for pre-school children; and ``(ii) inform the public about-- ``(I) the availability of preventive health care and immunization services for pre-school children; ``(II) any transportation, child care, or other support services that may be available to assist parents in obtaining such services for their children; and ``(III) the clinics at which any child may receive immunizations free or at a reduced charge.''. SEC. 3. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT. Section 658E(2) of the Child Care and Development Block Grant Act (42 U.S.C. 9858c(2)) is amended-- (1) in subparagraph (F)-- (A) in clause (ii) by striking ``and'' at the end, (B) in clause (iii) by striking the period at the end and inserting ``; and'', (C) by inserting after subclause (III), as so redesignated, the following: ``(iv) a requirement that such providers require with respect to each child who receives child care services from any of such providers that certificates signed by a physician who verifies that such child has been immunized in accordance with recommendations issued by the Surgeon General of the Public Health Service be submitted, at required intervals and in accordance with rules issued by the Secretary, to the child care provider involved.'', and (D) by striking the last sentence, and (2) in subparagraph (G<plus-minus>)-- (i) by inserting ``(i)'' before ``Provide'', and (ii) by adding at the end the following: ``(ii) For the purpose of enforcing the requirement described in subparagraph (F)(iv), such procedures shall ensure that each of such providers gives to parents of each child who receives child care services from the provider involved written notice of-- ``(I) each immunization requirement applicable to such child; ``(II) an opportunity of not less than 30 days, and not more than 45 days, to correct the failure to satisfy such requirement; and ``(III) the fact that child care services for such child will be terminated for failure to satisfy such requirement before the expiration of the 45-day period beginning on the date such notice is received.''. SEC. 4. ISSUANCE OF IMMUNIZATION RECOMMENDATIONS BY THE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE. After taking into consideration the then most recent report of the Committee on Infectious Diseases of the American Academy of Pediatrics, the Surgeon General of the Public Health Service shall issue, and revise from time to time, recommendations for the immunization of children under 6 years of age. With respect to each recommended immunization, such recommendation shall include-- (1) contraindications (if any) that should be identified to exempt a child from receiving such immunization, and (2) remedial action that may be taken to minimize the adverse effect of failure to administer such immunization to a child at the recommended age. SEC. 5. EFFECTIVE DATES; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsections (b) and (c), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Section 2 Amendments.--The amendments made by section 2 shall apply, without regard to whether regulations to implement the amendments have been promulgated, to-- (1) payments to individuals under State plan approved under part A of title IV of the Social Security Act, for months ending after the 120-day period that begins with the date of the enactment of this Act; and (2) payments to States under such part for calendar quarters ending after such 120-day period. (c) Application of Section 3 Amendments.--The amendments made by section 3 shall not apply with respect to fiscal years beginning before the date of the enactment of this Act.

Summary: Child Immunization Incentive Act of 1993 - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to: (1) deny AFDC for children under six who have not received periodic examinations by a physician or immunizations; and (2) require State outreach activities with respect to preventive health care and immunizations for pre-school children. Amends the Child Care and Development Block Grant Act to require providers assisted under such Act to require each child receiving their services to receive immunizations in accordance with the recommendations issued by the Surgeon General pursuant to this Act.