[Congressional Record Volume 148, Number 136 (Wednesday, October 16, 2002)]
[House]
[Pages H7964-H8009]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DISPOSING OF VARIOUS LEGISLATIVE MEASURES
Mr. ARMEY. Mr. Speaker, I send a unanimous consent request to the
desk.
The SPEAKER pro tempore (Mr. Simpson). The Clerk will report the
unanimous consent request.
The Clerk read as follows:
Mr. Armey asks unanimous consent that the House
1. Be considered to have discharged from the committee and
passed H.R. 5647, S. 1646, S. 1270, H.R. 5603, H.R. 5651,
H.R. 5640, and S. 1210;
2. Be considered to have passed S. 1227;
3. Be considered to have discharged from committee and
agreed to House Concurrent Resolution 502, House Resolution
536, House Concurrent Resolution 479, and House Concurrent
Resolution 492;
4. Be considered to have discharged from committee,
amended, and agreed to House Concurrent Resolution 349 and
House Concurrent Resolution 437, in the respective forms
placed at the desk;
5. Be considered to have amended and passed H.R. 5200 by
the committee amendment as further amended by the form placed
at the desk;
6. Be considered to have taken from the Speaker's table and
concurred in the respective Senate amendments to H.R. 3801,
H.R. 4015, and H.R. 3253;
7. That the committees being discharged be printed in the
Record, the texts of each measure and any amendment thereto
be considered as read and printed in the Record, and that the
motions to reconsider each of these actions be laid upon the
table.
The SPEAKER pro tempore. The Chair will entertain this combined
request under the Speaker's guidelines as recorded on page 712 of the
House Rules and Manual with assurances that it has been cleared by the
bipartisan floor and all committee leaderships.
The Clerk will report the titles of the various bills and
resolutions.
The Clerk read as follows:
Discharged From the Committee on Armed Services and Passed
H.R. 5647, to authorize the duration of the base contract of the
Navy-Marine Corps Intranet contract to be more than five years but not
more than seven years.
H.R. 5647
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AUTHORIZED DURATION OF BASE CONTRACT FOR NAVY-
MARINE CORPS INTRANET.
Section 814 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, as enacted into law
by Public Law 106-398 (114 Stat. 1654A-215) and amended by
section 362 of Public Law 107-107 (115 Stat. 1065), is
amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Duration of Base Navy-Marine Corps Intranet
Contract.--Notwithstanding section 2306c of title 10, United
States Code, the base contract of the Navy-Marine Corps
Intranet contract may have a term in excess of five years,
but not more than seven years.''.
Discharged from the Committee on Transportation and Infrastructure and
Passed
S. 1646, to identify certain routes in the States of Texas, Oklahoma,
Colorado, and New Mexico as part of the Ports-to-Plains Corridor, a
high priority corridor on the National Highway System.
S. 1646
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. IDENTIFICATION OF PORTS-TO-PLAINS HIGH PRIORITY
CORRIDOR ROUTES.
Section 1105(c)(38) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2032; 114
Stat. 2763A-201) is amended--
(1) in subparagraph (A), by redesignating clauses (i)
through (viii) as subclauses (I) through (VIII),
respectively;
(2) by redesignating subparagraph (A) as clause (i);
(3) by striking ``(38) The'' and inserting ``(38)(A) The'';
(4) in subparagraph (A) (as designated by paragraph (3))--
(A) in clause (i) (as redesignated by paragraph (2))--
(i) in subclause (VII) (as redesignated by paragraph (1)),
by striking ``and'' at the end;
(ii) in subclause (VIII) (as redesignated by paragraph
(1)), by striking the period at the end and inserting ``;
and''; and
(iii) by adding at the end the following:
``(IX) United States Route 287 from Dumas to the border
between the States of Texas and Oklahoma, and also United
States Route 87 from Dumas to the border between the States
of Texas and New Mexico.''; and
(B) by adding at the end the following:
``(ii) In the State of Oklahoma, the Ports-to-Plains
Corridor shall generally follow
[[Page H7965]]
United States Route 287 from the border between the States of
Texas and Oklahoma to the border between the States of
Oklahoma and Colorado.
``(iii) In the State of Colorado, the Ports-to-Plains
Corridor shall generally follow--
``(I) United States Route 287 from the border between the
States of Oklahoma and Colorado to Limon; and
``(II) Interstate Route 70 from Limon to Denver.
``(iv) In the State of New Mexico, the Ports-to-Plains
Corridor shall generally follow United States Route 87 from
the border between the States of Texas and New Mexico to
Raton.''; and
(5) by striking ``(B) The corridor designation contained in
paragraph (A)'' and inserting the following:
``(B) The corridor designation contained in subclauses (I)
through (VIII) of subparagraph (A)(i)''.
Discharged from the Committee on Transportation and Infrastructure and
Passed
S. 1270, to designate the United States courthouse to be constructed
at 8th Avenue and Mill Street in Eugene, Oregon, as the ``Wayne Lyman
Morse United States Courthouse''.
S. 1270
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DESIGNATION OF WAYNE LYMAN MORSE UNITED STATES
COURTHOUSE.
The United States courthouse to be constructed at 8th
Avenue and Mill Street in Eugene, Oregon, shall be known and
designated as the ``Wayne Lyman Morse United States
Courthouse''.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document, paper,
or other record of the United States to the United States
courthouse referred to in section 1 shall be deemed to be a
reference to the Wayne Lyman Morse United States Courthouse.
Discharged from the Committee on Ways and Means and Passed
H.R. 5603, to amend the Internal Revenue Code of 1986 to suspend the
tax-exempt status of designated terrorist organizations, and for other
purposes.
H.R. 5603
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SUSPENSION OF TAX-EXEMPT STATUS OF DESIGNATED
TERRORIST ORGANIZATIONS.
(a) In General.--Section 501 of the Internal Revenue Code
of 1986 (relating to exemption from tax on corporations,
certain trusts, etc.) is amended by redesignating subsection
(p) as subsection (q) and by inserting after subsection (o)
the following new subsection:
``(p) Suspension of Tax-Exempt Status of Designated
Terrorist Organizations.--
``(1) In general.--The exemption from tax under subsection
(a) with respect to any organization shall be suspended
during any period in which the organization is a designated
terrorist organization.
``(2) Designated terrorist organization.--For purposes of
this subsection, the term `designated terrorist organization'
means an organization which--
``(A) is designated as a terrorist organization by an
Executive order under the authority of--
``(i) section 212(a)(3) or 219 of the Immigration and
Nationality Act,
``(ii) the International Emergency Economic Powers Act, or
``(iii) section 5 of the United Nations Participation Act,
or
``(B) is a person listed in or designated by an Executive
order as supporting terrorist activity (as defined in section
212(a)(3)(B) of the Immigration and Nationality Act) or
terrorism (as defined in section 140(d)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989).
``(3) Denial of deduction.--No deduction shall be allowed
under section 170, 545(b)(2), 556(b)(2), 642(c), 2055,
2106(a)(2), or 2522 for any contribution to an organization
during the period such organization is a designated terrorist
organization.
``(4) Denial of administrative or judicial challenge of
suspension or denial of deduction.--Notwithstanding section
7428 or any other provision of law, no organization or other
person may challenge a suspension under paragraph (1), a
determination or listing under paragraph (2), or a denial of
a deduction under paragraph (3) in any administrative or
judicial proceeding relating to the Federal tax liability of
such organization or other person.
``(5) Erroneous designation.--
``(A) In general.--If a designation of an organization
pursuant to 1 or more of the provisions of law described in
paragraph (2) is determined to be erroneous pursuant to such
law, such designation (and any suspension under paragraph (1)
occurring pursuant thereto) shall be treated as having not
been made for purposes of this title.
``(B) Waiver of limitations.--If credit or refund of any
overpayment of tax which occurs by operation of subparagraph
(A) is prevented at any time before the close of the 1-year
period beginning on the date of the determination of such
credit or refund by the operation of any law or rule of law
(including res judicata), such refund or credit may
nevertheless be made or allowed if claim therefor is filed
before the close of such period.''.
(b) Notice of Suspensions.--If the tax exemption of any
organization is suspended under section 501(p) of the
Internal Revenue Code of 1986 (as added by subsection (a)),
the Internal Revenue Service shall update the listings of
tax-exempt organizations and shall publish appropriate notice
to taxpayers of such suspension and of the fact that
contributions to such organization are not deductible during
the period of such suspension.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
Discharged from the Committee on Energy and Commerce and Passed
H.R. 5651, to amend the Federal Food, Drug, and Cosmetic Act to make
improvements in the regulation of medical devices, and for other
purposes.
H.R. 5651
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medical
Device User Fee and Modernization Act of 2002''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--FEES RELATED TO MEDICAL DEVICES
Sec. 101. Findings.
Sec. 102. Establishment of program.
Sec. 103. Annual reports.
Sec. 104. Postmarket surveillance.
Sec. 105. Consultation.
Sec. 106. Effective date.
Sec. 107. Sunset clause.
TITLE II--AMENDMENTS REGARDING REGULATION OF MEDICAL DEVICES
Sec. 201. Inspections by accredited persons.
Sec. 202. Third party review of premarket notification.
Sec. 203. Debarment of accredited persons.
Sec. 204. Designation and regulation of combination products.
Sec. 205. Report on certain devices.
Sec. 206. Electronic labeling.
Sec. 207. Electronic registration.
Sec. 208. Intended use.
Sec. 209. Modular review.
Sec. 210. Pediatric expertise regarding classification-panel review of
premarket applications.
Sec. 211. Internet list of class II devices exempted from requirement
of premarket notification.
Sec. 212. Study by Institute of Medicine of postmarket surveillance
regarding pediatric populations.
Sec. 213. Guidance regarding pediatric devices.
Sec. 214. Breast implants; study by Comptroller General.
Sec. 215. Breast implants; research through National Institutes of
Health.
TITLE III--ADDITIONAL AMENDMENTS
Sec. 301. Identification of manufacturer of medical devices.
Sec. 302. Single-use medical devices.
Sec. 303. MedWatch.
TITLE I--FEES RELATED TO MEDICAL DEVICES
SEC. 101. FINDINGS.
The Congress finds that--
(1) prompt approval and clearance of safe and effective
devices is critical to the improvement of the public health
so that patients may enjoy the benefits of devices to
diagnose, treat, and prevent disease;
(2) the public health will be served by making additional
funds available for the purpose of augmenting the resources
of the Food and Drug Administration that are devoted to the
process for the review of devices and the assurance of device
safety and effectiveness so that statutorily mandated
deadlines may be met; and
(3) the fees authorized by this title will be dedicated to
meeting the goals identified in the letters from the
Secretary of Health and Human Services to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate, as set forth in the Congressional Record.
SEC. 102. ESTABLISHMENT OF PROGRAM.
(a) In General.--Subchapter C of chapter VII of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379F et seq.) is
amended by adding at the end the following part:
``PART 3--FEES RELATING TO DEVICES
``SEC. 737. DEFINITIONS.
``For purposes of this subchapter:
``(1) The term `premarket application' means--
``(A) an application for approval of a device submitted
under section 515(c) or section 351 of the Public Health
Service Act; or
``(B) a product development protocol described in section
515(f).
Such term does not include a supplement, a premarket report,
or a premarket notification submission.
``(2) The term `premarket report' means a report submitted
under section 515(c)(2).
``(3) The term `premarket notification submission' means a
report submitted under section 510(k).
``(4)(A) The term `supplement', with respect to a panel-
track supplement, a 180-day
[[Page H7966]]
supplement, a real-time supplement, or an efficacy
supplement, means a request to the Secretary to approve a
change in a device for which--
``(i) an application or report has been approved under
section 515(d), or an application has been approved under
section 351 of the Public Health Service Act; or
``(ii) a notice of completion has become effective under
section 515(f).
``(B) The term `panel-track supplement' means a supplement
to an approved premarket application or premarket report
under section 515 that requests a significant change in
design or performance of the device, or a new indication for
use of the device, and for which clinical data are generally
necessary to provide a reasonable assurance of safety and
effectiveness.
``(C) The term `180-day supplement' means a supplement to
an approved premarket application or premarket report under
section 515 that is not a panel-track supplement and requests
a significant change in components, materials, design,
specification, software, color additives, or labeling.
``(D) The term `real-time supplement' means a supplement to
an approved premarket application or premarket report under
section 515 that requests a minor change to the device, such
as a minor change to the design of the device, software,
manufacturing, sterilization, or labeling, and for which the
applicant has requested and the agency has granted a meeting
or similar forum to jointly review and determine the status
of the supplement.
``(E) The term `efficacy supplement' means a supplement to
an approved premarket application under section 351 of the
Public Health Service Act that requires substantive clinical
data.
``(5) The term `process for the review of device
applications' means the following activities of the Secretary
with respect to the review of premarket applications,
premarket reports, supplements, and premarket notification
submissions:
``(A) The activities necessary for the review of premarket
applications, premarket reports, supplements, and premarket
notification submissions.
``(B) The issuance of action letters that allow the
marketing of devices or which set forth in detail the
specific deficiencies in such applications, reports,
supplements, or submissions and, where appropriate, the
actions necessary to place them in condition for approval.
``(C) The inspection of manufacturing establishments and
other facilities undertaken as part of the Secretary's review
of pending premarket applications, premarket reports, and
supplements.
``(D) Monitoring of research conducted in connection with
the review of such applications, reports, supplements, and
submissions.
``(E) Review of device applications subject to section 351
of the Public Health Service Act for an investigational new
drug application under section 505(i) or for an
investigational device exemption under section 520(g) and
activities conducted in anticipation of the submission of
such applications under section 505(i) or 520(g).
``(F) The development of guidance, policy documents, or
regulations to improve the process for the review of
premarket applications, premarket reports, supplements, and
premarket notification submissions.
``(G) The development of voluntary test methods, consensus
standards, or mandatory performance standards under section
514 in connection with the review of such applications,
reports, supplements, or submissions and related activities.
``(H) The provision of technical assistance to device
manufacturers in connection with the submission of such
applications, reports, supplements, or submissions.
``(I) Any activity undertaken under section 513 or 515(i)
in connection with the initial classification or
reclassification of a device or under section 515(b) in
connection with any requirement for approval of a device.
``(J) Evaluation of postmarket studies required as a
condition of an approval of a premarket application under
section 515 or section 351 of the Public Health Service Act.
``(K) Compiling, developing, and reviewing information on
relevant devices to identify safety and effectiveness issues
for devices subject to premarket applications, premarket
reports, supplements, or premarket notification submissions.
``(6) The term `costs of resources allocated for the
process for the review of device applications' means the
expenses incurred in connection with the process for the
review of device applications for--
``(A) officers and employees of the Food and Drug
Administration, contractors of the Food and Drug
Administration, advisory committees, and costs related to
such officers, employees, and committees and to contracts
with such contractors;
``(B) management of information, and the acquisition,
maintenance, and repair of computer resources;
``(C) leasing, maintenance, renovation, and repair of
facilities and acquisition, maintenance, and repair of
fixtures, furniture, scientific equipment, and other
necessary materials and supplies; and
``(D) collecting fees and accounting for resources
allocated for the review of premarket applications, premarket
reports, supplements, and submissions.
``(7) The term `adjustment factor' applicable to a fiscal
year is the Consumer Price Index for all urban consumers (all
items; United States city average) for April of the preceding
fiscal year divided by such Index for April 2002.
``(8) The term `affiliate' means a business entity that has
a relationship with a second business entity if, directly or
indirectly--
``(A) one business entity controls, or has the power to
control, the other business entity; or
``(B) a third party controls, or has power to control, both
of the business entities.
``SEC. 738. AUTHORITY TO ASSESS AND USE DEVICE FEES.
``(a) Types of Fees.--Beginning on the date of the
enactment of the Medical Device User Fee and Modernization
Act of 2002, the Secretary shall assess and collect fees in
accordance with this section as follows:
``(1) Premarket application, premarket report, supplement,
and submission fee.--
``(A) In general.--Except as provided in subparagraph (B)
and subsection (d), each person who submits any of the
following, on or after October 1, 2002, shall be subject to a
fee established under subsection (c)(5) for the fiscal year
involved in accordance with the following:
``(i) A premarket application.
``(ii) For a premarket report, a fee equal to the fee that
applies under clause (i).
``(iii) For a panel track supplement, a fee equal to the
fee that applies under clause (i).
``(iv) For a 180-day supplement, a fee equal to 21.5
percent of the fee that applies under clause (i), subject to
any adjustment under subsection (c)(3).
``(v) For a real-time supplement, a fee equal to 7.2
percent of the fee that applies under clause (i).
``(vi) For an efficacy supplement, a fee equal to the fee
that applies under clause (i).
``(vii) For a premarket notification submission, a fee
equal to 1.42 percent of the fee that applies under clause
(i), subject to any adjustment under subsection (c)(3) and
any adjustment under subsection (e)(2)(C)(ii).
``(B) Exceptions.--
``(i) Humanitarian device exemption.--An application under
section 520(m) is not subject to any fee under subparagraph
(A).
``(ii) Further manufacturing use.--No fee shall be required
under subparagraph (A) for the submission of a premarket
application under section 351 of the Public Health Service
Act for a product licensed for further manufacturing use
only.
``(iii) State or federal government sponsors.--No fee shall
be required under subparagraph (A) for a premarket
application, premarket report, supplement, or premarket
notification submission submitted by a State or Federal
Government entity unless the device involved is to be
distributed commercially.
``(iv) Premarket notifications by third parties.--No fee
shall be required under subparagraph (A) for a premarket
notification submission reviewed by an accredited person
pursuant to section 523.
``(v) Pediatric conditions of use.--
``(I) In general.--No fee shall be required under
subparagraph (A) for a premarket application, premarket
report, or premarket notification submission if the proposed
conditions of use for the device involved are solely for a
pediatric population. No fee shall be required under such
subparagraph for a supplement if the sole purpose of the
supplement is to propose conditions of use for a pediatric
population.
``(II) Subsequent proposal of adult conditions of use.--In
the case of a person who submits a premarket application or
premarket report for which, under subclause (I), a fee under
subparagraph (A) is not required, any supplement to such
application that proposes conditions of use for any adult
population is subject to the fee that applies under such
subparagraph for a premarket application.
``(C) Payment.--The fee required by subparagraph (A) shall
be due upon submission of the premarket application,
premarket report, supplement, or premarket notification
submission except that invoices for applications submitted
between October 1, 2002, and the date of the enactment of the
Medical Device User Fee and Modernization Act of 2002 shall
be payable on October 30, 2002. Applicants submitting
portions of applications pursuant to section 515(c)(3) shall
pay such fees upon submission of the first portion of such
applications. The fees credited to fiscal year 2003 under
this section shall include all fees payable from October 1,
2002, through September 30, 2003.
``(D) Refunds.--
``(i) Application refused for filing.--The Secretary shall
refund 75 percent of the fee paid under subparagraph (A) for
any application or supplement that is refused for filing.
``(ii) Application withdrawn before filing.--The Secretary
shall refund 75 percent of the fee paid under subparagraph
(A) for any application or supplement that is withdrawn prior
to the filing decision of the Secretary.
``(iii) Application withdrawn before first action.--After
receipt of a request for a refund of the fee paid under
subparagraph (A) for a premarket application, premarket
report, or supplement that is withdrawn after filing but
before a first action, the Secretary may return some or all
of the fee. The amount of refund, if any, shall be based on
the level of effort already expended on the review of such
application, report, or supplement. The Secretary shall have
sole discretion to refund a fee or portion of the fee under
this subparagraph. A determination by the Secretary
concerning a refund under this paragraph shall not be
reviewable.
[[Page H7967]]
``(b) Fee Revenue Amounts.--Except as provided in
subsections (c), (d), (e), (g), and (h), the fees under
subsection (a) shall be established to generate the following
revenue amounts: $25,125,000 in fiscal year 2003; $27,255,000
in fiscal year 2004; $29,785,000 in fiscal year 2005;
$32,615,000 in fiscal year 2006, and $35,000,000 in fiscal
year 2007. If legislation is enacted after the date of the
enactment of the Medical Device User Fee and Modernization
Act of 2002 requiring the Secretary to fund additional costs
of the retirement of Federal personnel, fee revenue amounts
under this subsection shall be increased in each year by the
amount necessary to fully fund the portion of such additional
costs that are attributable to the process for the review of
device applications.
``(c) Adjustments.--
``(1) Inflation adjustment.--The revenues established in
subsection (b) shall be adjusted by the Secretary by notice,
published in the Federal Register, for a fiscal year to
reflect the greater of--
``(A) the total percentage change that occurred in the
Consumer Price Index for all urban consumers (all items; U.S.
city average) for the 12 month period ending June 30
preceding the fiscal year for which fees are being
established, or
``(B) the total percentage change for the previous fiscal
year in basic pay under the General Schedule in accordance
with section 5332 of title 5, United States Code, as adjusted
by any locality-based comparability payment pursuant to
section 5304 of such title for Federal employees stationed in
the District of Columbia.
The adjustment made each fiscal year by this subsection shall
be added on a compounded basis to the sum of all adjustments
made each fiscal year after fiscal year 2003 under this
subsection.
``(2) Workload adjustment.--After the fee revenues
established in subsection (b) are adjusted for a fiscal year
for inflation in accordance with paragraph (1), the fee
revenues shall, beginning with fiscal year 2004, be adjusted
further each fiscal year to reflect changes in the workload
of the Secretary for the process for the review of device
applications. With respect to such adjustment:
``(A) The adjustment shall be determined by the Secretary
based on a weighted average of the change in the total number
of premarket applications, investigational new device
applications, premarket reports, supplements, and premarket
notification submissions submitted to the Secretary. The
Secretary shall publish in the Federal Register the fee
revenues and fees resulting from the adjustment and the
supporting methodologies.
``(B) Under no circumstances shall the adjustment result in
fee revenues for a fiscal year that are less than the fee
revenues for the fiscal year established in subsection (b),
as adjusted for inflation under paragraph (1).
``(3) Compensating adjustment.--After the fee revenues
established in subsection (b) are adjusted for a fiscal year
for inflation in accordance with paragraph (1), and for
workload in accordance with paragraph (2), the fee revenues
shall, beginning with fiscal year 2004, be adjusted further
each fiscal year, if necessary, to reflect the cumulative
amount by which collections for previous fiscal years,
beginning with fiscal year 2003, fell below the cumulative
revenue amounts for such fiscal years specified in subsection
(b), adjusted for such fiscal years for inflation in
accordance with paragraph (1), and for workload in accordance
with paragraph (2).
``(4) Final year adjustment.--For fiscal year 2007, the
Secretary may, in addition to adjustments under paragraphs
(1) and (2), further increase the fees and fee revenues
established in subsection (b) if such adjustment is necessary
to provide for not more than three months of operating
reserves of carryover user fees for the process for the
review of device applications for the first three months of
fiscal year 2008. If such an adjustment is necessary, the
rationale for the amount of the increase shall be contained
in the annual notice establishing fee revenues and fees for
fiscal year 2007. If the Secretary has carryover user fee
balances for such process in excess of three months of such
operating reserves, the adjustment under this paragraph shall
not be made.
``(5) Annual fee setting.--The Secretary shall, 60 days
before the start of each fiscal year after September 30,
2002, establish, for the next fiscal year, and publish in the
Federal Register, fees under subsection (a), based on the
revenue amounts established under subsection (b) and the
adjustment provided under this subsection and subsection
(e)(2)(C)(ii), except that the fees established for fiscal
year 2003 shall be based on a premarket application fee of
$154,000.
``(6) Limit.--The total amount of fees charged, as adjusted
under this subsection, for a fiscal year may not exceed the
total costs for such fiscal year for the resources allocated
for the process for the review of device applications.
``(d) Small Businesses; Fee Waiver and Fee Reduction
Regarding Premarket Approval Fees.--
``(1) In general.--The Secretary shall grant a waiver of
the fee required under subsection (a) for one premarket
application, or one premarket report, where the Secretary
finds that the applicant involved is a small business
submitting its first premarket application to the Secretary,
or its first premarket report, respectively, for review. In
addition, for subsequent premarket applications, premarket
reports, and supplements where the Secretary finds that the
applicant involved is a small business, the fees specified in
clauses (i) through (vi) of subsection (a)(1)(A) may be paid
at a reduced rate in accordance with paragraph (2)(C).
``(2) Rules relating to premarket approval fees.--
``(A) Definition.--
``(i) In general.--For purposes of this subsection, the
term `small business' means an entity that reported
$30,000,000 or less of gross receipts or sales in its most
recent Federal income tax return for a taxable year,
including such returns of all of its affiliates, partners,
and parent firms.
``(ii) Adjustment.--The Secretary may adjust the
$30,000,000 threshold established in clause (i) if the
Secretary has evidence from actual experience that this
threshold results in a reduction in revenues from premarket
applications, premarket reports, and supplements that is 16
percent or more than would occur without small business
exemptions and lower fee rates. To adjust this threshold, the
Secretary shall publish a notice in the Federal Register
setting out the rationale for the adjustment, and the new
threshold.
``(B) Evidence of qualification.--An applicant shall pay
the higher fees established by the Secretary each year unless
the applicant submits evidence that it qualifies for a waiver
of the fee or the lower fee rate. The applicant shall support
its claim that it meets the definition under subparagraph (A)
by submission of a copy of its most recent Federal income tax
return for a taxable year, and a copy of such returns of its
affiliates, partners, and parent firms. which show an amount
of gross sales or receipts that is less than the maximum
established in subparagraph (A). The applicant, and each of
such affiliates, partners, and parent firms, shall certify
that the information provided is a true and accurate copy of
the actual tax forms they submitted to the Internal Revenue
Service. If no tax forms are submitted for affiliates,
partners, or parent firms, the applicant shall certify that
the applicant has no affiliates, partners, or parent firms,
respectively.
``(C) Reduced fees.--Where the Secretary finds that the
applicant involved meets the definition under subparagraph
(A), the fees established under subsection (c)(5) may be paid
at a reduced rate of 38 percent of the fee established under
such subsection for a premarket application, a premarket
report, or a supplement.
``(D) Request for fee waiver or reduction.--An applicant
seeking a fee waiver or reduction under this subsection shall
submit supporting information to the Secretary at least 60
days before the fee is required pursuant to subsection (a).
The decision of the Secretary regarding whether an entity
qualifies for such a waiver or reduction is not reviewable.
``(e) Small Businesses; Fee Reduction Regarding Premarket
Notification Submissions.--
``(1) In general.--Where the Secretary finds that the
applicant involved is a small business, the fee specified in
subsection (a)(1)(A)(vii) may be paid at a reduced rate in
accordance with paragraph (2)(C).
``(2) Rules relating to premarket notification
submissions.--
``(A) Definition.--For purposes of this subsection, the
term `small business' means an entity that reported
$30,000,000 or less of gross receipts or sales in its most
recent Federal income tax return for a taxable year,
including such returns of all of its affiliates, partners,
and parent firms.
``(B) Evidence of qualification.--An applicant shall pay
the higher fees established by the Secretary each year unless
the applicant submits evidence that it qualifies for the
lower fee rate. The applicant shall support its claim that it
meets the definition under subparagraph (A) by submission of
a copy of its most recent Federal income tax return for a
taxable year, and a copy of such returns of its affiliates,
partners, and parent firms. which show an amount of gross
sales or receipts that is less than the maximum established
in subparagraph (A). The applicant, and each of such
affiliates, partners, and parent firms, shall certify that
the information provided is a true and accurate copy of the
actual tax forms they submitted to the Internal Revenue
Service. If no tax forms are submitted for affiliates,
partners, or parent firms, the applicant shall certify that
the applicant has no affiliates, partners, or parent firms,
respectively.
``(C) Reduced fees.--
``(i) In general.--Where the Secretary finds that the
applicant involved meets the definition under subparagraph
(A), the fee for a premarket notification submission may be
paid at 80 percent of the fee that applies under subsection
(a)(1)(A)(vii), as adjusted under clause (ii) and as
established under subsection (c)(5).
``(ii) Adjustment per fee revenue amount.--For fiscal year
2004 and each subsequent fiscal year, the Secretary, in
setting the revenue amount under subsection (c)(5) for
premarket notification submissions, shall determine the
revenue amount that would apply if all such submissions for
the fiscal year involved paid a fee equal to 1.42 percent of
the amount that applies under subsection (a)(1)(A)(i) for
premarket applications, and shall adjust the fee under
subsection (a)(1)(A)(vii) for premarket notification
submissions such that the reduced fees collected under clause
(i) of this subparagraph, when added to fees for such
submissions that are not paid at the reduced rate, will equal
such revenue amount for the fiscal year.
[[Page H7968]]
``(D) Request for reduction.--An applicant seeking a fee
reduction under this subsection shall submit supporting
information to the Secretary at least 60 days before the fee
is required pursuant to subsection (a). The decision of the
Secretary regarding whether an entity qualifies for such a
reduction is not reviewable.
``(f) Effect of Failure to Pay Fees.--A premarket
application, premarket report, supplement, or premarket
notification submission submitted by a person subject to fees
under subsection (a) shall be considered incomplete and shall
not be accepted for filing by the Secretary until all fees
owed by such person have been paid.
``(g) Conditions.--
``(1) Performance goals through fiscal year 2005;
termination of program after fiscal year 2005.--With respect
to the amount that, under the salaries and expenses account
of the Food and Drug Administration, is appropriated for a
fiscal year for devices and radiological products:
``(A)(i) For each of the fiscal years 2003 and 2004, the
Secretary is expected to meet all of the goals identified for
the fiscal year involved in any letter referred to in section
101(3) of the Medical Device User Fee and Modernization Act
of 2002 (referred to in this paragraph as `performance
goals') if the amount so appropriated for such fiscal year,
excluding the amount of fees appropriated for such fiscal
year, is equal to or greater than $205,720,000 multiplied by
the adjustment factor applicable to the fiscal year.
``(ii) For each of the fiscal years 2003 and 2004, if the
amount so appropriated for the fiscal year involved,
excluding the amount of fees appropriated for such fiscal
year, is less than the amount that applies under clause (i)
for such fiscal year, the following applies:
``(I) The Secretary is expected to meet such goals to the
extent practicable, taking into account the amounts that are
available to the Secretary for such purpose, whether from
fees under subsection (a) or otherwise.
``(II) The Comptroller General of the United States shall
submit to the Congress a report describing whether and to
what extent the Secretary is meeting the performance goals
identified for such fiscal year, and whether the Secretary
will be able to meet all performance goals identified for
fiscal year 2005. A report under the preceding sentence shall
be submitted to the Congress not later than July 1 of the
fiscal year with which the report is concerned.
``(B)(i) For fiscal year 2005, the Secretary is expected to
meet all of the performance goals identified for the fiscal
year if the total of the amounts so appropriated for fiscal
years 2003 through 2005, excluding the amount of fees
appropriated for such fiscal years, is equal to or greater
than the sum of--
``(I) $205,720,000 multiplied by the adjustment factor
applicable to fiscal year 2003;
``(II) $205,720,000 multiplied by the adjustment factor
applicable to fiscal year 2004; and
``(III) $205,720,000 multiplied by the adjustment factor
applicable to fiscal year 2005.
``(ii) For fiscal year 2005, if the total of the amounts so
appropriated for fiscal years 2003 through 2005, excluding
the amount of fees appropriated for such fiscal years, is
less than the sum that applies under clause (i) for fiscal
year 2005, the following applies:
``(I) The Secretary is expected to meet such goals to the
extent practicable, taking into account the amounts that are
available to the Secretary for such purpose, whether from
fees under subsection (a) or otherwise.
``(II) The Comptroller General of the United States shall
submit to the Congress a report describing whether and to
what extent the Secretary is meeting the performance goals
identified for such fiscal year, and whether the Secretary
will be able to meet all performance goals identified for
fiscal year 2006. The report under the preceding sentence
shall be submitted to the Congress not later than July 1,
2005.
``(C) For fiscal year 2006, fees may not be assessed under
subsection (a) for the fiscal year, and the Secretary is not
expected to meet any performance goals identified for the
fiscal year, if the total of the amounts so appropriated for
fiscal years 2003 through 2006, excluding the amount of fees
appropriated for such fiscal years, is less than the sum of--
``(i) $205,720,000 multiplied by the adjustment factor
applicable to fiscal year 2006; and
``(ii) an amount equal to the sum that applies for purposes
of subparagraph (B)(i).
``(D) For fiscal year 2007, fees may not be assessed under
subsection (a) for the fiscal year, and the Secretary is not
expected to meet any performance goals identified for the
fiscal year, if--
``(i) the amount so appropriated for the fiscal year,
excluding the amount of fees appropriated for the fiscal
year, is less than $205,720,000 multiplied by the adjustment
factor applicable to fiscal year 2007; or
``(ii) pursuant to subparagraph (C), fees were not assessed
under subsection (a) for fiscal year 2006.
``(2) Authority.--If the Secretary does not assess fees
under subsection (a) during any portion of a fiscal year
because of subparagraph (C) or (D) of paragraph (1) and if at
a later date in such fiscal year the Secretary may assess
such fees, the Secretary may assess and collect such fees,
without any modification in the rate for premarket
applications, supplements, premarket reports, and premarket
notification submissions, and at any time in such fiscal
year, notwithstanding the provisions of subsection (a)
relating to the date fees are to be paid.
``(h) Crediting and Availability of Fees.--
``(1) In general.--Fees authorized under subsection (a)
shall be collected and available for obligation only to the
extent and in the amount provided in advance in appropriation
Acts. Such fees are authorized to be appropriated to remain
available until expended. Such sums as may be necessary may
be transferred from the Food and Drug Administration salaries
and expenses appropriation account without fiscal year
limitation to such appropriation account for salaries and
expenses with such fiscal year limitation. The sums
transferred shall be available solely for the process for the
review of device applications.
``(2) Collections and appropriation acts.--
``(A) In general.--The fees authorized by this section--
``(i) shall be retained in each fiscal year in an amount
not to exceed the amount specified in appropriation Acts, or
otherwise made available for obligation, for such fiscal
year, and
``(ii) shall only be collected and available to defray
increases in the costs of the resources allocated for the
process for the review of device applications (including
increases in such costs for an additional number of full-time
equivalent positions in the Department of Health and Human
Services to be engaged in such process) over such costs,
excluding costs paid from fees collected under this section,
for fiscal year 2002 multiplied by the adjustment factor.
``(B) Compliance.--The Secretary shall be considered to
have met the requirements of subparagraph (A)(ii) in any
fiscal year if the costs funded by appropriations and
allocated for the process for the review of device
applications--
``(i) are not more than 3 percent below the level specified
in subparagraph (A)(ii); or
``(ii)(I) are more than 3 percent below the level specified
in subparagraph (A)(ii), and fees assessed for a subsequent
fiscal year are decreased by the amount in excess of 3
percent by which such costs fell below the level specified in
such subparagraph; and
``(II) such costs are not more than 5 percent below the
level specified in such subparagraph.
``(3) Authorization of appropriations.--There are
authorized to be appropriated for fees under this section--
``(A) $25,125,000 for fiscal year 2003;
``(B) $27,255,000 for fiscal year 2004;
``(C) $29,785,000 for fiscal year 2005;
``(D) $32,615,000 for fiscal year 2006; and
``(E) $35,000,000 for fiscal year 2007,
as adjusted to reflect adjustments in the total fee revenues
made under this section and changes in the total amounts
collected by application fees.
``(4) Offset.--Any amount of fees collected for a fiscal
year under this section that exceeds the amount of fees
specified in appropriation Acts for such fiscal year shall be
credited to the appropriation account of the Food and Drug
Administration as provided in paragraph (1), and shall be
subtracted from the amount of fees that would otherwise be
authorized to be collected under this section pursuant to
appropriation Acts for a subsequent fiscal year.
``(i) Collection of Unpaid Fees.--In any case where the
Secretary does not receive payment of a fee assessed under
subsection (a) within 30 days after it is due, such fee shall
be treated as a claim of the United States Government subject
to subchapter II of chapter 37 of title 31, United States
Code.
``(j) Written Requests for Refunds.--To qualify for
consideration for a refund under subsection (a)(1)(D), a
person shall submit to the Secretary a written request for
such refund not later than 180 days after such fee is due.
``(k) Construction.--This section may not be construed to
require that the number of full-time equivalent positions in
the Department of Health and Human Services, for officers,
employees, and advisory committees not engaged in the process
of the review of device applications, be reduced to offset
the number of officers, employees, and advisory committees so
engaged.''.
(b) Fee Exemption for Certain Entities Submitting Premarket
Reports.--
(1) In general.--A person submitting a premarket report to
the Secretary of Health and Human Services is exempt from the
fee under section 738(a)(1)(A)(ii) of the Federal Food, Drug,
and Cosmetic Act (as added by subsection (a) of this section)
if--
(A) the premarket report is the first such report submitted
to the Secretary by the person; and
(B) before October 1, 2002, the person submitted a
premarket application to the Secretary for the same device as
the device for which the person is submitting the premarket
report.
(2) Definitions.--For purposes of paragraph (1), the terms
``device'', ``premarket application'', and ``premarket
report'' have the same meanings as apply to such terms for
purposes of section 738 of the Federal Food, Drug, and
Cosmetic Act (as added by subsection (a) of this section).
SEC. 103. ANNUAL REPORTS.
Beginning with fiscal year 2003, the Secretary shall
prepare and submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate a report
concerning--
[[Page H7969]]
(1) the progress of the Food and Drug Administration in
achieving the goals identified in the letters described in
section 101(3) during such fiscal year and the future plans
of the Food and Drug Administration for meeting the goals,
not later than 60 days after the end of each fiscal year
during which fees are collected under this part; and
(2) the implementation of the authority for such fees
during such fiscal year, and the use, by the Food and Drug
Administration, of the fees collected during such fiscal
year, not later than 120 days after the end of each fiscal
year during which fees are collected under the medical device
user-fee program established under the amendment made by
section 102.
SEC. 104. POSTMARKET SURVEILLANCE.
(a) Additional Authorization of Appropriations.--For the
purpose of carrying out postmarket surveillance of medical
devices, there are authorized to be appropriated to the Food
and Drug Administration the following amounts, stated as
increases above the amount obligated for such purpose by such
Administration for fiscal year 2002:
(1) For fiscal year 2003, an increase of $3,000,000.
(2) For fiscal year 2004, an increase of $6,000,000.
(3) For fiscal year 2005 and each subsequent fiscal year,
an increase of such sums as may be necessary.
(b) Study.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall
conduct a study for the purpose of determining the following
with respect to the medical device user-fee program
established under the amendment made by section 102:
(A) The impact of such program on the ability of the Food
and Drug Administration to conduct postmarket surveillance on
medical devices.
(B) The programmatic improvements, if any, needed for
adequate postmarket surveillance of medical devices.
(C) The amount of funds needed to conduct adequate
postmarket surveillance of medical devices.
(D) The extent to which device companies comply with the
postmarket surveillance requirements, including postmarket
study commitments.
(E) The recommendations of the Secretary as to whether, and
in what amounts, user fees collected under such user-fee
program should be dedicated to postmarket surveillance if the
program is extended beyond fiscal year 2007.
(2) Report.--Not later than January 10, 2007, the Secretary
shall submit to the Committee on Energy and Commerce of the
House of Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate, a report that
describes the findings of the study under paragraph (1).
SEC. 105. CONSULTATION.
(a) In General.--In developing recommendations to the
Congress for the goals and plans for meeting the goals for
the process for the review of medical device applications for
fiscal years after fiscal year 2007, and for the
reauthorization of sections 737 and 738 of the Federal Food,
Drug, and Cosmetic Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall consult with the Committee on Energy and Commerce of
the House of Representatives, the Committee on Health,
Education, Labor, and Pensions of the Senate, appropriate
scientific and academic experts, health care professionals,
representatives of patient and consumer advocacy groups, and
the regulated industry.
(b) Recommendations.--The Secretary shall publish in the
Federal Register recommendations under subsection (a), after
negotiations with the regulated industry; shall present such
recommendations to the congressional committees specified in
such paragraph; shall hold a meeting at which the public may
present its views on such recommendations; and shall provide
for a period of 30 days for the public to provide written
comments on such recommendations.
SEC. 106. EFFECTIVE DATE.
The amendments made by this title shall take effect on the
date of the enactment of this Act, except that fees shall be
assessed for all premarket applications, premarket reports,
supplements, and premarket notification submissions received
on or after October 1, 2002, regardless of the date of
enactment.
SEC. 107. SUNSET CLAUSE.
The amendments made by this title cease to be effective
October 1, 2007, except that section 103 with respect to
annual reports ceases to be effective January 31, 2008.
TITLE II--AMENDMENTS REGARDING REGULATION OF MEDICAL DEVICES
SEC. 201. INSPECTIONS BY ACCREDITED PERSONS.
(a) In General.--Section 704 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 374) is amended by adding at the end
the following subsection:
``(g)(1) Not later than one year after the date of the
enactment of this subsection, the Secretary shall, subject to
the provisions of this subsection, accredit persons for the
purpose of conducting inspections of establishments that
manufacture, prepare, propagate, compound, or process class
II or class III devices that are required in section 510(h),
or inspections of such establishments required to register
pursuant to section 510(i). The owner or operator of such an
establishment that is eligible under paragraph (6) may, from
the list published under paragraph (4), select an accredited
person to conduct such inspections.
``(2) Not later than 180 days after the date of enactment
of this subsection, the Secretary shall publish in the
Federal Register criteria to accredit or deny accreditation
to persons who request to perform the duties specified in
paragraph (1). Thereafter, the Secretary shall inform those
requesting accreditation, within 60 days after the receipt of
such request, whether the request for accreditation is
adequate for review, and the Secretary shall promptly act on
the request for accreditation. Any resulting accreditation
shall state that such person is accredited to conduct
inspections at device establishments identified in paragraph
(1). The accreditation of such person shall specify the
particular activities under this subsection for which such
person is accredited. In the first year following the
publication in the Federal Register of criteria to accredit
or deny accreditation to persons who request to perform the
duties specified in paragraph (1), the Secretary shall
accredit no more than 15 persons who request to perform
duties specified in paragraph (1).
``(3) An accredited person shall, at a minimum, meet the
following requirements:
``(A) Such person may not be an employee of the Federal
Government.
``(B) Such person shall be an independent organization
which is not owned or controlled by a manufacturer, supplier,
or vendor of articles regulated under this Act and which has
no organizational, material, or financial affiliation
(including a consultative affiliation) with such a
manufacturer, supplier, or vendor.
``(C) Such person shall be a legally constituted entity
permitted to conduct the activities for which it seeks
accreditation.
``(D) Such person shall not engage in the design,
manufacture, promotion, or sale of articles regulated under
this Act.
``(E) The operations of such person shall be in accordance
with generally accepted professional and ethical business
practices, and such person shall agree in writing that at a
minimum the person will--
``(i) certify that reported information accurately reflects
data reviewed, inspection observations made, other matters
that relate to or may influence compliance with this Act, and
recommendations made during an inspection or at an
inspection's closing meeting;
``(ii) limit work to that for which competence and capacity
are available;
``(iii) treat information received, records, reports, and
recommendations as confidential commercial or financial
information or trade secret information, except such
information may be made available to the Secretary;
``(iv) promptly respond and attempt to resolve complaints
regarding its activities for which it is accredited; and
``(v) protect against the use, in carrying out paragraph
(1), of any officer or employee of the accredited person who
has a financial conflict of interest regarding any product
regulated under this Act, and annually make available to the
public disclosures of the extent to which the accredited
person, and the officers and employees of the person, have
maintained compliance with requirements under this clause
relating to financial conflicts of interest.
``(4) The Secretary shall publish on the Internet site of
the Food and Drug Administration a list of persons who are
accredited under paragraph (2). Such list shall be updated to
ensure that the identity of each accredited person, and the
particular activities for which the person is accredited, is
known to the public. The updating of such list shall be no
later than one month after the accreditation of a person
under this subsection or the suspension or withdrawal of
accreditation, or the modification of the particular
activities for which the person is accredited.
``(5)(A) To ensure that persons accredited under this
subsection continue to meet the standards of accreditation,
the Secretary shall (i) audit the performance of such persons
on a periodic basis through the review of inspection reports
and inspections by persons designated by the Secretary to
evaluate the compliance status of a device establishment and
the performance of accredited persons, and (ii) take such
additional measures as the Secretary determines to be
appropriate.
``(B) The Secretary may withdraw accreditation of any
person accredited under paragraph (2), after providing notice
and an opportunity for an informal hearing, when such person
is substantially not in compliance with the standards of
accreditation, or poses a threat to public health or fails to
act in a manner that is consistent with the purposes of this
subsection. The Secretary may suspend the accreditation of
such person during the pendency of the process under the
preceding sentence.
``(6)(A) Subject to subparagraphs (B) and (C), a device
establishment is eligible for inspections by persons
accredited under paragraph (2) if the following conditions
are met:
``(i) The Secretary classified the results of the most
recent inspection of the establishment pursuant to subsection
(h) or (i) of section 510 as `no action indicated' or
`voluntary action indicated'.
``(ii) With respect to each inspection to be conducted by
an accredited person--
``(I) the owner or operator of the establishment submits to
the Secretary a notice requesting clearance to use such a
person to
[[Page H7970]]
conduct the inspection, and the Secretary provides such
clearance; and
``(II) such notice identifies the accredited person whom
the establishment has selected to conduct the inspection, and
the Secretary agrees to the selected accredited person.
``(iii) With respect to the devices that are manufactured,
prepared, propagated, compounded, or processed by the
establishment, at least one of such devices is marketed in
the United States, and the following additional conditions
are met:
``(I) At least one of such devices is marketed, or is
intended to be marketed, in one or more foreign countries,
one of which countries certifies, accredits, or otherwise
recognizes the person accredited under paragraph (2) and
identified under subclause (II) of this clause.
``(II) The owner or operator of the establishment submits
to the Secretary a statement that the law of a country in
which such a device is marketed, or is intended to be
marketed, recognizes an inspection of the establishment by
the Secretary, and not later than 30 days after receiving
such statement, the Secretary informs the owner or operator
of the establishment that the owner or operator may submit a
notice requesting clearance under clause (ii).
``(iv)(I) In the case of an inspection to be conducted
pursuant to 510(h), persons accredited under paragraph (2)
did not conduct the two immediately preceding inspections of
the establishment, except that the establishment may petition
the Secretary for a waiver of such condition. Such a waiver
may be granted only if the petition states a commercial
reason for the waiver; the Secretary determines that the
public health would be served by granting the waiver; and the
Secretary has conducted an inspection of the establishment
during the four-year period preceding the date on which the
notice under clause (ii) is submitted to the Secretary. Such
a waiver is deemed to be granted only if the petition states
a commercial reason for the waiver; the Secretary has not
determined that the public health would be served by granting
the waiver; and the owner or operator of the device
establishment has requested in writing, not later than 18
months following the most recent inspection of such
establishment by a person accredited under paragraph (2),
that the Secretary inspect the establishment and the
Secretary has not conducted an inspection within 30 months
after the most recent inspection. With respect to such a
waiver that is granted or deemed to be granted, no additional
such waiver may be granted until after the Secretary has
conducted an inspection of the establishment.
``(II) In the case of an inspection to be conducted
pursuant to 510(i), the Secretary periodically conducts
inspections of the establishment.
``(B)(i) The Secretary shall respond to a notice under
subparagraph (A) from a device establishment not later than
30 days after the Secretary receives the notice. Through such
response, the Secretary shall (I) provide clearance under
such subparagraph, and agree to the selection of an
accredited person, or (II) make a request under clause (ii).
If the Secretary fails to respond to the notice within such
30-day period, the establishment is deemed to have such
clearance, and to have the agreement of the Secretary for
such selection.
``(ii) The request referred to in clause (i)(II) is--
``(I) a request to the device establishment involved to
submit to the Secretary compliance data in accordance with
clause (iii); or
``(II) a request to the establishment, or to the accredited
person identified in the notice under subparagraph (A), for
information concerning the relationship between the
establishment and such accredited person, including
information about the number of inspections of the
establishment, or other establishments owned or operated by
the owner or operator of the establishment, that have been
conducted by the accredited person.
The Secretary may make both such requests.
``(iii) The compliance data to be submitted by a device
establishment under clause (ii) are data describing whether
the quality controls of the establishment have been
sufficient for ensuring consistent compliance with current
good manufacturing practice within the meaning of section
501(h), and data otherwise describing whether the
establishment has consistently been in compliance with
sections 501 and 502 and other applicable provisions of this
Act. Such data shall include complete reports of inspections
regarding good manufacturing practice or other quality
control audits that, during the preceding two-year period,
were conducted at the establishment by persons other than the
owner or operator of the establishment, together with all
other compliance data the Secretary deems necessary. Data
under the preceding sentence shall demonstrate to the
Secretary whether the establishment has facilitated
consistent compliance by promptly correcting any compliance
problems identified in such inspections.
``(iv) Not later than 60 days after receiving compliance
data under clause (iii) from a device establishment, the
Secretary shall provide or deny clearance under subparagraph
(A). The Secretary may deny clearance if the Secretary
determines that the establishment has failed to demonstrate
consistent compliance for purposes of clause (iii). The
Secretary shall provide to the establishment a statement of
such reasons for such determination. If the Secretary fails
to provide such statement to the establishment within such
60-day period, the establishment is deemed to have such
clearance.
``(v)(I) A request to an accredited person under clause
(ii)(II) may not seek any information that is not required to
be maintained by such person in records under subsection
(f)(1). Not later than 60 days after receiving the
information sought by the request, the Secretary shall agree
to, or reject, the selection of such person by the device
establishment involved. The Secretary may reject the
selection if the Secretary provides to the establishment a
statement of the reasons for such rejection. Reasons for the
rejection may include that the establishment or the
accredited person, as the case may be, has failed to fully
respond to the request, or that the Secretary has concerns
regarding the relationship between the establishment and such
accredited person. If within such 60-day period the Secretary
fails to agree to or reject the selection in accordance with
this subclause, the Secretary is deemed to have agreed to the
selection.
``(II) If the Secretary rejects the selection of an
accredited person by a device establishment, the
establishment may make an additional selection of an
accredited person by submitting to the Secretary a notice
that identifies the additional selection. Clauses (i) and
(ii), and subclause (I) of this clause, apply to the
selection of an accredited person through a notice under the
preceding sentence in the same manner and to the same extent
as such provisions apply to a selection of an accredited
person through a notice under subparagraph (A).
``(vi) In the case of a device establishment that under
clause (iv) is denied clearance under subparagraph (A), or
whose selection of an accredited person is rejected under
clause (v), the Secretary shall designate a person to review
the findings of the Secretary under such clause if, during
the 30-day period beginning on the date on which the
establishment receives the findings, the establishment
requests the review. The review shall commence not later than
30 days after the establishment requests the review, unless
the Secretary and the establishment otherwise agree.
``(C)(i) In the case of a device establishment for which
the Secretary classified the results of the most recent
inspection of the establishment by a person accredited under
paragraph (2) as `official action indicated', the
establishment, if otherwise eligible under subparagraph (A),
is eligible for further inspections by persons accredited
under such paragraph if (I) the Secretary issues a written
statement to the owner or operator of the establishment that
the violations leading to such classification have been
resolved, and (II) the Secretary, either upon the Secretary's
own initiative or a petition of the owner or operator of the
establishment, notifies the establishment that it has
clearance to use an accredited person for the inspections.
The Secretary shall respond to such petition within 30 days
after the receipt of the petition.
``(ii) If the Secretary denies a petition under clause (i),
the device establishment involved may, after the expiration
of one year after such denial, again petition the Secretary
for a determination of eligibility for inspection by persons
accredited by the Secretary under paragraph (2). If the
Secretary denies such petition, the Secretary shall provide
the establishment with such reasons for such denial within 60
days after the denial. If, as of the expiration of 48 months
after the receipt of the first petition, the establishment
has not been inspected by the Secretary in accordance with
section 510(h), or has not during such period been inspected
pursuant to section 510(i), as applicable, the establishment
is eligible for further inspections by accredited persons.
``(7)(A) Persons accredited under paragraph (2) to conduct
inspections shall record in writing their inspection
observations and shall present the observations to the device
establishment's designated representative and describe each
observation. Additionally, such accredited person shall
prepare an inspection report (including for inspections
classified as `no action indicated') in a form and manner
consistent with such reports prepared by employees and
officials designated by the Secretary to conduct inspections.
``(B) At a minimum, an inspection report under subparagraph
(A) shall identify the persons responsible for good
manufacturing practice compliance at the inspected device
establishment, the dates of the inspection, the scope of the
inspection, and shall describe in detail each observation
identified by the accredited person, identify other matters
that relate to or may influence compliance with this Act, and
describe any recommendations during the inspection or at the
inspection's closing meeting.
``(C) An inspection report under subparagraph (A) shall be
sent to the Secretary and to the designated representative of
the inspected device establishment at the same time, but
under no circumstances later than three weeks after the last
day of the inspection. The report to the Secretary shall be
accompanied by all written inspection observations previously
provided to the designated representative of the
establishment.
``(D) Any statement or representation made by an employee
or agent of a device establishment to a person accredited
under paragraph (2) to conduct inspections shall be subject
to section 1001 of title 18, United States Code.
``(E) If at any time during an inspection by an accredited
person the accredited person
[[Page H7971]]
discovers a condition that could cause or contribute to an
unreasonable risk to the public health, the accredited person
shall immediately notify the Secretary of the identification
of the device establishment subject to inspection and such
condition.
``(8) Compensation for an accredited person shall be
determined by agreement between the accredited person and the
person who engages the services of the accredited person, and
shall be paid by the person who engages such services.
``(9) Nothing in this subsection affects the authority of
the Secretary to inspect any device establishment pursuant to
this Act.
``(10)(A) For fiscal year 2005 and each subsequent fiscal
year, no device establishment may be inspected during the
fiscal year involved by a person accredited under paragraph
(2) if--
``(i) of the amounts appropriated for salaries and expenses
of the Food and Drug Administration for the preceding fiscal
year (referred to in this subparagraph as the `first prior
fiscal year'), the amount obligated by the Secretary for
inspections of device establishments by the Secretary was
less than the adjusted base amount applicable to such first
prior fiscal year; and
``(ii) of the amounts appropriated for salaries and
expenses of the Food and Drug Administration for the fiscal
year preceding the first prior fiscal year (referred to in
this subparagraph as the `second prior fiscal year'), the
amount obligated by the Secretary for inspections of device
establishments by the Secretary was less than the adjusted
base amount applicable to such second prior fiscal year.
``(B)(i) Subject to clause (ii), the Comptroller General of
the United States shall determine the amount that was
obligated by the Secretary for fiscal year 2002 for
compliance activities of the Food and Drug Administration
with respect to devices (referred to in this subparagraph as
the `compliance budget'), and of such amount, the amount that
was obligated for inspections by the Secretary of device
establishments (referred to in this subparagraph as the
`inspection budget').
``(ii) For purposes of determinations under clause (i), the
Comptroller General shall not include in the compliance
budget or the inspection budget any amounts obligated for
inspections of device establishments conducted as part of the
process of reviewing applications under section 515.
``(iii) Not later than March 31, 2003, the Comptroller
General shall complete the determinations required in this
subparagraph and submit to the Secretary and the Congress a
reporting describing the findings made through such
determinations.
``(C) For purposes of this paragraph:
``(i) The term `base amount' means the inspection budget
determined under subparagraph (B) for fiscal year 2002.
``(ii) The term `adjusted base amount', in the case of
applicability to fiscal year 2003, means an amount equal to
the base amount increased by 5 percent.
``(iii) The term `adjusted base amount', with respect to
applicability to fiscal year 2004 or any subsequent fiscal
year, means the adjusted based amount applicable to the
preceding year increased by 5 percent.
``(11) The authority provided by this subsection terminates
on October 1, 2012.
``(12) No later than four years after the enactment of this
subsection the Comptroller General shall report to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor
and Pensions of the Senate--
``(A) the number of inspections pursuant to subsections (h)
and (i) of section 510 conducted by accredited persons and
the number of inspections pursuant to such subsections
conducted by Federal employees;
``(B) the number of persons who sought accreditation under
this subsection, as well as the number of persons who were
accredited under this subsection;
``(C) the reasons why persons who sought accreditation, but
were denied accreditation, were denied;
``(D) the number of audits conducted by the Secretary of
accredited persons, the quality of inspections conducted by
accredited persons, whether accredited persons are meeting
their obligations under this Act, and whether the number of
audits conducted is sufficient to permit these assessments;
``(E) whether this subsection is achieving the goal of
ensuring more information about device establishment
compliance is being presented to the Secretary, and whether
that information is of a quality consistent with information
obtained by the Secretary pursuant to subsection (h) or (i)
of section 510;
``(F) whether this subsection is advancing efforts to allow
device establishments to rely upon third-party inspections
for purposes of compliance with the laws of foreign
governments; and
``(G) whether the Congress should continue, modify, or
terminate the program under this subsection.
``(13) The Secretary shall include in the annual report
required under section 903(g) the names of all accredited
persons and the particular activities under this subsection
for which each such person is accredited and the name of each
accredited person whose accreditation has been withdrawn
during the year.
``(14) Notwithstanding any provision of this subsection,
this subsection does not have any legal effect on any
agreement described in section 803(b) between the Secretary
and a foreign country.''.
(b) Maintenance of Records.--Section 704(f) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 374(f)) is amended--
(1) in paragraph (1), in the first sentence, by striking
``A person accredited'' and all that follows through ``shall
maintain records'' and inserting the following: ``An
accredited person described in paragraph (3) shall maintain
records'';
(2) in paragraph (2), by striking ``a person accredited
under section 523'' and inserting ``an accredited person
described in paragraph (3)''; and
(3) by adding at the end the following paragraph:
``(3) For purposes of paragraphs (1) and (2), an accredited
person described in this paragraph is a person who--
``(A) is accredited under subsection (g); or
``(B) is accredited under section 523.''.
(c) Civil Money Penalty.--Section 303(g)(1)(A) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(g)(1)(A))
is amended by adding at the end the following: ``For purposes
of the preceding sentence, a person accredited under
paragraph (2) of section 704(g) who is substantially not in
compliance with the standards of accreditation under such
section, or who poses a threat to public health or fails to
act in a manner that is consistent with the purposes of such
section, shall be considered to have violated a requirement
of this Act that relates to devices.''.
(d) Prohibited Acts.--Section 301 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding
at the end the following:
``(gg) The knowing failure of a person accredited under
paragraph (2) of section 704(g) to comply with paragraph
(7)(E) of such section; the knowing inclusion by such a
person of false information in an inspection report under
paragraph (7)(A) of such section; or the knowing failure of
such a person to include material facts in such a report.''.
(e) Conforming Amendment.--Section 510(h) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360(h)) is amended by
inserting after ``duly designated by the Secretary'' the
following: ``, or by persons accredited to conduct
inspections under section 704(g),''.
SEC. 202. THIRD PARTY REVIEW OF PREMARKET NOTIFICATION.
Section 523 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360m) is amended--
(1) in subsection (c), by striking ``The authority'' and
all that follows and inserting the following: ``The authority
provided by this section terminates October 1, 2007.''; and
(2) by adding at the end the following subsection:
``(d) Report.--Not later than January 10, 2007, the
Secretary shall conduct a study based on the experience under
the program under this section and submit to the Committee on
Energy and Commerce of the House of Representatives, and the
Committee on Health, Education, Labor, and Pensions of the
Senate, a report describing the findings of the study. The
objectives of the study shall include determining--
``(1) the number of devices reviewed under this section;
``(2) the number of devices reviewed under this section
that were ultimately cleared by the Secretary;
``(3) the number of devices reviewed under this section
that were ultimately not cleared by the Secretary;
``(4) the average time period for a review under this
section (including the time it takes for the Secretary to
review a recommendation of an accredited person under
subsection (a) and determine the initial device
classification);
``(5) the average time period identified in paragraph (4)
compared to the average time period for review of devices
solely by the Secretary pursuant to section 510(k);
``(6) if there is a difference in the average time period
under paragraph (4) and the average time period under
paragraph (5), the reasons for such difference;
``(7) whether the quality of reviews under this section for
devices for which no guidance has been issued is
qualitatively inferior to reviews by the Secretary for
devices for which no guidance has been issued;
``(8) whether the quality of reviews under this section of
devices for which no guidance has been issued is
qualitatively inferior to reviews under this section of
devices for which guidance has been issued;
``(9) whether this section has in any way jeopardized or
improved the public health;
``(10) any impact of this section on resources available to
the Secretary to review reports under section 510(k); and
``(11) any suggestions for continuation, modification
(including contraction or expansion of device eligibility),
or termination of this section that the Secretary determines
to be appropriate.''.
SEC. 203. DEBARMENT OF ACCREDITED PERSONS.
Section 306 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 335a) is amended by adding at the end the following
subsection:
``(m) Devices; Mandatory Debarment Regarding Third-Party
Inspections and Reviews.--
``(1) In general.--If the Secretary finds that a person has
been convicted of a felony under section 301(gg), the
Secretary shall debar such person from being accredited under
section 523(b) or 704(g)(2) and from carrying out activities
under an agreement described in section 803(b).
[[Page H7972]]
``(2) Debarment period.--The Secretary shall debar a person
under paragraph (1) for the following periods:
``(A) The period of debarment of a person (other than an
individual) shall not be less than 1 year or more than 10
years, but if an act leading to a subsequent debarment under
such paragraph occurs within 10 years after such person has
been debarred under such paragraph, the period of debarment
shall be permanent.
``(B) The debarment of an individual shall be permanent.
``(3) Termination of debarment; judicial review; other
matters.--Subsections (c)(3), (d), (e), (i), (j), and (l)(1)
apply with respect to a person (other than an individual) or
an individual who is debarred under paragraph (1) to the same
extent and in the same manner as such subsections apply with
respect to a person who is debarred under subsection (a)(1),
or an individual who is debarred under subsection (a)(2),
respectively.''.
SEC. 204. DESIGNATION AND REGULATION OF COMBINATION PRODUCTS.
Section 503(g) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 353(g)) is amended--
(1) in paragraph (1) -
(A) in the first sentence, by striking ``shall designate a
component of the Food and Drug Administration'' and inserting
``shall in accordance with this subsection assign an agency
center''; and
(B) in each of subparagraphs (A) through (C), by striking
``the persons charged'' and inserting ``the agency center
charged'';
(2) by redesignating paragraph (4) as paragraph (5);
(3) by inserting after paragraph (3) the following
paragraph:
``(4)(A) Not later than 60 days after the date of the
enactment of this paragraph, the Secretary shall establish
within the Office of the Commissioner of Food and Drugs an
office to ensure the prompt assignment of combination
products to agency centers, the timely and effective
premarket review of such products, and consistent and
appropriate postmarket regulation of like products subject to
the same statutory requirements to the extent permitted by
law. Additionally, the office shall, in determining whether a
product is to be designated a combination product, consult
with the component within the Office of the Commissioner of
Food and Drugs that is responsible for such determinations.
Such office (referred to in this paragraph as the `Office')
shall have appropriate scientific and medical expertise, and
shall be headed by a director.
``(B) In carrying out this subsection, the Office shall,
for each combination product, promptly assign an agency
center with primary jurisdiction in accordance with paragraph
(1) for the premarket review of such product.
``(C)(i) In carrying out this subsection, the Office shall
ensure timely and effective premarket reviews by overseeing
the timeliness of and coordinating reviews involving more
than one agency center.
``(ii) In order to ensure the timeliness of the premarket
review of a combination product, the agency center with
primary jurisdiction for the product, and the consulting
agency center, shall be responsible to the Office with
respect to the timeliness of the premarket review.
``(D) In carrying out this subsection, the Office shall
ensure the consistency and appropriateness of postmarket
regulation of like products subject to the same statutory
requirements to the extent permitted by law.
``(E)(i) Any dispute regarding the timeliness of the
premarket review of a combination product may be presented to
the Office for resolution, unless the dispute is clearly
premature.
``(ii) During the review process, any dispute regarding the
substance of the premarket review may be presented to the
Commissioner of Food and Drugs after first being considered
by the agency center with primary jurisdiction of the
premarket review, under the scientific dispute resolution
procedures for such center. The Commissioner of Food and
Drugs shall consult with the Director of the Office in
resolving the substantive dispute.
``(F) The Secretary, acting through the Office, shall
review each agreement, guidance, or practice of the Secretary
that is specific to the assignment of combination products to
agency centers and shall determine whether the agreement,
guidance, or practice is consistent with the requirements of
this subsection. In carrying out such review, the Secretary
shall consult with stakeholders and the directors of the
agency centers. After such consultation, the Secretary shall
determine whether to continue in effect, modify, revise, or
eliminate such agreement, guidance, or practice, and shall
publish in the Federal Register a notice of the availability
of such modified or revised agreement, guidance or practice.
Nothing in this paragraph shall be construed as preventing
the Secretary from following each agreement, guidance, or
practice until continued, modified, revised, or eliminated.
``(G) Not later than one year after the date of the
enactment of this paragraph and annually thereafter, the
Secretary shall report to the appropriate committees of
Congress on the activities and impact of the Office. The
report shall include provisions--
``(i) describing the numbers and types of combination
products under review and the timeliness in days of such
assignments, reviews, and dispute resolutions;
``(ii) identifying the number of premarket reviews of such
products that involved a consulting agency center; and
``(iii) describing improvements in the consistency of
postmarket regulation of combination products.
``(H) Nothing in this paragraph shall be construed to limit
the regulatory authority of any agency center.''; and
(4) in paragraph (5) (as redesignated by paragraph (2) of
this section)--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(B) by inserting before subparagraph (B) the following
subparagraph:
``(A) The term `agency center' means a center or
alternative organizational component of the Food and Drug
Administration.''.
SEC. 205. REPORT ON CERTAIN DEVICES.
Not later than one year after the date of enactment of this
Act, the Secretary of Health and Human Services shall report
to the appropriate committees of Congress on the timeliness
and effectiveness of device premarket reviews by centers
other than the Center for Devices and Radiological Health.
Such report shall include information on the times required
to log in and review original submissions and supplements,
times required to review manufacturers' replies to
submissions, and times to approve or clear such devices. Such
report shall contain the Secretary's recommendations on any
measures needed to improve performance including, but not
limited to, the allocation of additional resources. Such
report also shall include the Secretary's specific
recommendation on whether responsibility for regulating such
devices should be reassigned to those persons within the Food
and Drug Administration who are primarily charged with
regulating other types of devices, and whether such a
transfer could have a deleterious impact on the public health
and on the safety of such devices.
SEC. 206. ELECTRONIC LABELING.
Section 502(f) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 352(f)) is amended by adding at the end the
following: ``Required labeling for prescription devices
intended for use in health care facilities may be made
available solely by electronic means provided that the
labeling complies with all applicable requirements of law
and, that the manufacturer affords health care facilities the
opportunity to request the labeling in paper form, and after
such request, promptly provides the health care facility the
requested information without additional cost.''.
SEC. 207. ELECTRONIC REGISTRATION.
Section 510 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360) is amended by adding at the end the following:
``(p) Registrations under subsections (b), (c), (d), and
(i) (including the submission of updated information) shall
be submitted to the Secretary by electronic means, upon a
finding by the Secretary that the electronic receipt of such
registrations is feasible, unless the Secretary grants a
request for waiver of such requirement because use of
electronic means is not reasonable for the person requesting
such waiver.''.
SEC. 208. INTENDED USE.
Section 513(i)(1)(E) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360c(i)(1)(E)) is amended by striking
clause (iv).
SEC. 209. MODULAR REVIEW.
Section 515(c) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360e(c)) is amended by adding at the end the
following:
``(3)(A) Prior to the submission of an application under
this subsection, the Secretary shall accept and review any
portion of the application that the applicant and the
Secretary agree is complete, ready, and appropriate for
review, except that such requirement does not apply, and the
Secretary has discretion whether to accept and review such
portion, during any period in which, under section 738(g),
the Secretary does not have the authority to collect fees
under section 738(a).
``(B) Each portion of a submission reviewed under
subparagraph (A) and found acceptable by the Secretary shall
not be further reviewed after receipt of an application that
satisfies the requirements of paragraph (1), unless an issue
of safety or effectiveness provides the Secretary reason to
review such accepted portion.
``(C) Whenever the Secretary determines that a portion of a
submission under subparagraph (A) is unacceptable, the
Secretary shall, in writing, provide to the applicant a
description of any deficiencies in such portion and identify
the information that is required to correct these
deficiencies, unless the applicant is no longer pursuing the
application.''.
SEC. 210. PEDIATRIC EXPERTISE REGARDING CLASSIFICATION-PANEL
REVIEW OF PREMARKET APPLICATIONS.
Section 515(c) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360e(c)), as amended by section 302(c)(2)(A) of
this Act, is amended in paragraph (3) by adding at the end
the following: ``Where appropriate, the Secretary shall
ensure that such panel includes, or consults with, one or
more pediatric experts.''.
SEC. 211. INTERNET LIST OF CLASS II DEVICES EXEMPTED FROM
REQUIREMENT OF PREMARKET NOTIFICATION.
Section 510(m)(1) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360(m)(1)) is amended by adding at the end the
following: ``The Secretary shall publish such list on the
Internet site of the Food and Drug Administration. The list
so published shall
[[Page H7973]]
be updated not later than 30 days after each revision of the
list by the Secretary.''.
SEC. 212. STUDY BY INSTITUTE OF MEDICINE OF POSTMARKET
SURVEILLANCE REGARDING PEDIATRIC POPULATIONS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall
request the Institute of Medicine to enter into an agreement
with the Secretary under which such Institute conducts a
study for the purpose of determining whether the system under
the Federal Food, Drug, and Cosmetic Act for the postmarket
surveillance of medical devices provides adequate safeguards
regarding the use of devices in pediatric populations.
(b) Certain Matters.--The Secretary shall ensure that
determinations made in the study under subsection (a) include
determinations of--
(1) whether postmarket surveillance studies of implanted
medical devices are of long enough duration to evaluate the
impact of growth and development for the number of years that
the child will have the implant, and whether the studies are
adequate to evaluate how children's active lifestyles may
affect the failure rate and longevity of the implant; and
(2) whether the postmarket surveillance by the Food and
Drug Administration of medical devices used in pediatric
populations is sufficient to provide adequate safeguards for
such populations, taking into account the Secretary's
monitoring of commitments made at the time of approval of
medical devices, such as phase IV trials, and the Secretary's
monitoring and use of adverse reaction reports, registries,
and other postmarket surveillance activities.
(c) Report to Congress.--The Secretary shall ensure that,
not later than four years after the date of the enactment of
this Act, a report describing the findings of the study under
subsection (a) is submitted to the Congress. The report shall
include any recommendations of the Secretary for
administrative or legislative changes to the system of
postmarket surveillance referred to in such subsection.
SEC. 213. GUIDANCE REGARDING PEDIATRIC DEVICES.
Not later than 270 days after the date of the enactment of
this Act, the Secretary of Health and Human Services shall
issue guidance on the following:
(1) The type of information necessary to provide reasonable
assurance of the safety and effectiveness of medical devices
intended for use in pediatric populations.
(2) Protections for pediatric subjects in clinical
investigations of the safety or effectiveness of such
devices.
SEC. 214. BREAST IMPLANTS; STUDY BY COMPTROLLER GENERAL.
(a) In General.--The Comptroller General of the United
States shall conduct a study to determine the following with
respect to breast implants:
(1) The content of information typically provided by health
professionals to women who consult with such professionals on
the issue of whether to undergo breast implant surgery.
(2) Whether such information is provided by physicians or
other health professionals, and whether the information is
provided verbally or in writing, and at what point in the
process of determining whether to undergo surgery is such
information provided.
(3) Whether the information presented, as a whole, provides
a complete and accurate discussion of the risks and benefits
of breast implants, and the extent to which women who receive
such information understand the risks and benefits.
(4) The number of adverse events that have been reported,
and whether such events have been adequately investigated.
(5) With respect to women who participate as subjects in
research being carried out regarding the safety and
effectiveness of breast implants:
(A) The content of information provided to the women during
the process of obtaining the informed consent of the women to
be subjects, and the extent to which such information is
updated.
(B) Whether such process provides written explanations of
the criteria for being subjects in the research.
(C) The point at which, in the planning or conduct of the
research, the women are provided information regarding the
provision of informed consent to be subjects.
(b) Report.--The Comptroller General shall submit to the
Congress a report describing the findings of the study.
(c) Definition.--For purposes of this section, the term
``breast implant'' means a breast prosthesis that is
implanted to augment or reconstruct the female breast.
SEC. 215. BREAST IMPLANTS; RESEARCH THROUGH NATIONAL
INSTITUTES OF HEALTH.
(a) Report on Status of Current Research.--Not later than
180 days after the date of the enactment of this Act, the
Director of the National Institutes of Health shall submit to
the Congress a report describing the status of research on
breast implants (as defined in section 213(c)) being
conducted or supported by such Institutes.
(b) Research on Long-Term Implications.--Part H of title IV
of the Public Health Service Act (42 U.S.C. 289 et seq.) is
amended by adding at the end of the following section:
``SEC. 498C. BREAST IMPLANT RESEARCH.
``(a) In General.--The Director of NIH may conduct or
support research to examine the long-term health implications
of silicone breast implants, both gel and saline filled. Such
research studies may include the following:
``(1) Developing and examining techniques to measure
concentrations of silicone in body fluids and tissues.
``(2) Surveillance of recipients of silicone breast
implants, including long-term outcomes and local
complications.
``(b) Definition.--For purposes of this section, the term
`breast implant' means a breast prosthesis that is implanted
to augment or reconstruct the female breast.''.
TITLE III--ADDITIONAL AMENDMENTS
SEC. 301. IDENTIFICATION OF MANUFACTURER OF MEDICAL DEVICES.
(a) In General.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352) is amended by adding at the end
the following:
``(u) If it is a device, unless it, or an attachment
thereto, prominently and conspicuously bears the name of the
manufacturer of the device, a generally recognized
abbreviation of such name, or a unique and generally
recognized symbol identifying such manufacturer, except that
the Secretary may waive any requirement under this paragraph
for the device if the Secretary determines that compliance
with the requirement is not feasible for the device or would
compromise the provision of reasonable assurance of the
safety or effectiveness of the device.''.
(b) Effective Date.--The amendment made by subsection (a)
takes effect 18 months after the date of the enactment of
this Act, and only applies to devices introduced or delivered
for introduction into interstate commerce after such
effective date.
SEC. 302. SINGLE-USE MEDICAL DEVICES.
(a) Required Statements on Labeling.--
(1) In general.--Section 502 of the Federal Food, Drug, and
Cosmetic Act, as amended by section 301 of this Act, is
amended by adding at the end the following:
``(v) If it is a reprocessed single-use device, unless all
labeling of the device prominently and conspicuously bears
the statement `Reprocessed device for single use. Reprocessed
by ____.' The name of the manufacturer of the reprocessed
device shall be placed in the space identifying the person
responsible for reprocessing.''.
(2) Effective date.--The amendment made by paragraph (1)
takes effect 15 months after the date of the enactment of
this Act, and only applies to devices introduced or delivered
for introduction into interstate commerce after such
effective date.
(b) Premarket Notification.--Section 510 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended by
inserting after subsection (n) the following:
``(o)(1) With respect to reprocessed single-use devices for
which reports are required under subsection (k):
``(A) The Secretary shall identify such devices or types of
devices for which reports under such subsection must, in
order to ensure that the device is substantially equivalent
to a predicate device, include validation data, the types of
which shall be specified by the Secretary, regarding cleaning
and sterilization, and functional performance demonstrating
that the single-use device will remain substantially
equivalent to its predicate device after the maximum number
of times the device is reprocessed as intended by the person
submitting the premarket notification. Within six months
after enactment of this subsection, the Secretary shall
publish in the Federal Register a list of the types so
identified, and shall revise the list as appropriate. Reports
under subsection (k) for devices or types of devices within a
type included on the list are, upon publication of the list,
required to include such validation data.
``(B) In the case of each report under subsection (k) that
was submitted to the Secretary before the publication of the
initial list under subparagraph (A), or any revision thereof,
and was for a device or type of device included on such list,
the person who submitted the report under subsection (k)
shall submit validation data as described in subparagraph (A)
to the Secretary not later than nine months after the
publication of the list. During such nine-month period, the
Secretary may not take any action under this Act against such
device solely on the basis that the validation data for the
device have not been submitted to the Secretary. After the
submission of the validation data to the Secretary, the
Secretary may not determine that the device is misbranded
under section 502(o), adulterated under section 501(f)(1)(B),
or take action against the device under section 301(p) for
failure to provide any information required by subsection (k)
until (i) the review is terminated by withdrawal of the
submission of the report under subsection (k); (ii) the
Secretary finds the data to be acceptable and issues a
letter; or (iii) the Secretary determines that the device is
not substantially equivalent to a predicate device. Upon a
determination that a device is not substantially equivalent
to a predicate device, or if such submission is withdrawn,
the device can no longer be legally marketed.
``(C) In the case of a report under subsection (k) for a
device identified under subparagraph (A) that is of a type
for which the Secretary has not previously received a report
under such subsection, the Secretary may, in advance of
revising the list under subparagraph (A) to include such
type, require that the report include the validation data
specified in subparagraph (A).
[[Page H7974]]
``(D) Section 502(o) applies with respect to the failure of
a report under subsection (k) to include validation data
required under subparagraph (A).
``(2) With respect to critical or semi-critical reprocessed
single-use devices that, under subsection (l) or (m), are
exempt from the requirement of submitting reports under
subsection (k):
``(A) The Secretary shall identify such devices or types of
devices for which such exemptions should be terminated in
order to provide a reasonable assurance of the safety and
effectiveness of the devices. The Secretary shall publish in
the Federal Register a list of the devices or types of
devices so identified, and shall revise the list as
appropriate. The exemption for each device or type included
on the list is terminated upon the publication of the list.
For each report under subsection (k) submitted pursuant to
this subparagraph the Secretary shall require the validation
data described in paragraph (1)(A).
``(B) For each device or type of device included on the
list under subparagraph (A), a report under subsection (k)
shall be submitted to the Secretary not later than 15 months
after the publication of the initial list, or a revision of
the list, whichever terminates the exemption for the device.
During such 15-month period, the Secretary may not take any
action under this Act against such device solely on the basis
that such report has not been submitted to the Secretary.
After the submission of the report to the Secretary the
Secretary may not determine that the device is misbranded
under section 502(o), adulterated under section 501(f)(1)(B),
or take action against the device under section 301(p) for
failure to provide any information required by subsection (k)
until (i) the review is terminated by withdrawal of the
submission; (ii) the Secretary determines by order that the
device is substantially equivalent to a predicate device; or
(iii) the Secretary determines by order that the device is
not substantially equivalent to a predicate device. Upon a
determination that a device is not substantially equivalent
to a predicate device, the device can no longer be legally
marketed.
``(C) In the case of semi-critical devices, the initial
list under subparagraph (A) shall be published not later than
18 months after the effective date of this subsection. In the
case of critical devices, the initial list under such
subparagraph shall be published not later than six months
after such effective date.
``(D) Section 502(o) applies with respect to the failure to
submit a report under subsection (k) that is required
pursuant to subparagraph (A), including a failure of the
report to include validation data required in such
subparagraph.
``(E) The termination under subparagraph (A) of an
exemption under subsection (l) or (m) for a critical or
semicritical reprocessed single-use device does not terminate
the exemption under subsection (l) or (m) for the original
device.''.
(c) Premarket Report.--Section 515 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360e) is amended--
(1) in subsection (a), in the matter after and below
paragraph (2), by inserting before the period the following:
``or, as applicable, an approval under subsection (c)(2) of a
report seeking premarket approval''; and
(2) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following
paragraph:
``(2)(A) Any person may file with the Secretary a report
seeking premarket approval for a class III device referred to
in subsection (a) that is a reprocessed single-use device.
Such a report shall contain the following:
``(i) The device name, including both the trade or
proprietary name and the common or usual name.
``(ii) The establishment registration number of the owner
or operator submitting the report.
``(iii) Actions taken to comply with performance standards
under section 514.
``(iv) Proposed labels, labeling, and advertising
sufficient to describe the device, its intended use, and
directions for use.
``(v) Full reports of all information, published or known
to or which should be reasonably known to the applicant,
concerning investigations which have been made to show
whether or not the device is safe or effective.
``(vi) A description of the device's components,
ingredients, and properties.
``(vii) A full description of the methods used in, and the
facilities and controls used for, the reprocessing and
packing of the device.
``(viii) Such samples of the device that the Secretary may
reasonably require.
``(ix) A financial certification or disclosure statement or
both, as required by part 54 of title 21, Code of Federal
Regulations.
``(x) A statement that the applicant believes to the best
of the applicant's knowledge that all data and information
submitted to the Secretary are truthful and accurate and that
no material fact has been omitted in the report.
``(xi) Any additional data and information, including
information of the type required in paragraph (1) for an
application under such paragraph, that the Secretary
determines is necessary to determine whether there is
reasonable assurance of safety and effectiveness for the
reprocessed device.
``(xii) Validation data described in section 510(o)(1)(A)
that demonstrates that the reasonable assurance of the safety
or effectiveness of the device will remain after the maximum
number of times the device is reprocessed as intended by the
person submitting such report.
``(B) In the case of a class III device referred to in
subsection (a) that is a reprocessed single-use device:
``(i) Subparagraph (A) of this paragraph applies in lieu of
paragraph (1).
``(ii) Subject to clause (i), the provisions of this
section apply to a report under subparagraph (A) to the same
extent and in the same manner as such provisions apply to an
application under paragraph (1).
``(iii) Each reference in other sections of this Act to an
application under this section, other than such a reference
in section 737 or 738, shall be considered to be a reference
to a report under subparagraph (A).
``(iv) Each reference in other sections of this Act to a
device for which an application under this section has been
approved, or has been denied, suspended, or withdrawn, other
than such a reference in section 737 or 738, shall be
considered to be a reference to a device for which a report
under subparagraph (A) has been approved, or has been denied,
suspended, or withdrawn, respectively.''.
(d) Definitions.--Section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321) is amended by adding at the
end the following:
``(ll)(1) The term `single-use device' means a device that
is intended for one use, or on a single patient during a
single procedure.
``(2)(A) The term `reprocessed', with respect to a single-
use device, means an original device that has previously been
used on a patient and has been subjected to additional
processing and manufacturing for the purpose of an additional
single use on a patient. The subsequent processing and
manufacture of a reprocessed single-use device shall result
in a device that is reprocessed within the meaning of this
definition.
``(B) A single-use device that meets the definition under
clause (A) shall be considered a reprocessed device without
regard to any description of the device used by the
manufacturer of the device or other persons, including a
description that uses the term `recycled' rather than the
term `reprocessed'.
``(3) The term `original device' means a new, unused
single-use device.
``(mm)(1) The term `critical reprocessed single-use device'
means a reprocessed single-use device that is intended to
contact normally sterile tissue or body spaces during use.
``(2) The term `semi-critical reprocessed single-use
device' means a reprocessed single-use device that is
intended to contact intact mucous membranes and not penetrate
normally sterile areas of the body.''.
SEC. 303. MEDWATCH.
Not later than 6 months after the date of the enactment of
this Act, the Secretary of Health and Human Services shall
modify the MedWatch mandatory and voluntary forms to
facilitate the reporting of information by user facilities or
distributors as appropriate relating to reprocessed single-
use devices, including the name of the reprocessor and
whether the device has been reused.
Discharged from the Committee on Government Reform and Passed
H.R. 5640, to amend title 5, United States Code, to ensure that the
right of Federal employees to display the flag of the United States not
be abridged.
H.R. 5640
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Flag Pride Act''.
SEC. 2. EMPLOYEES' RIGHT TO DISPLAY THE FLAG OF THE UNITED
STATES.
(a) In General.--Chapter 72 of title 5, United States Code,
is amended by adding at the end the following:
``SUBCHAPTER III--EMPLOYEES' RIGHT TO DISPLAY THE FLAG OF THE UNITED
STATES
``Sec. 7221. Definitions
``For purposes of this subchapter--
``(1) the term `flag' has the same meaning as is given the
term `flag, standard, colors, or ensign' under section 3 of
title 4; and
``(2) the term `Federal employee' includes a person under a
personal services contract with the United States (including
an individual employed by such a person).
``Sec. 7222. Employees' right to display the flag of the
United States
``No agency, officer, or other authority of the Government
of the United States shall adopt or enforce any policy, or
enter into any agreement, that would restrict or prevent a
Federal employee from displaying the flag of the United
States, or a pin of that flag, on his or her person, in his
or her workplace, or on a Government vehicle operated by such
employee.
``Sec. 7223. Limitations
``Nothing in this subchapter shall be considered to permit
any display or use which would be inconsistent with--
``(1) any provision of chapter 1 of title 4 or any rule or
custom pertaining to the proper display or use of the flag
(as established in or under such chapter or otherwise
applicable provisions of law); or
``(2) any reasonable restriction pertaining to the time,
place, or manner of displaying
[[Page H7975]]
the flag of the United States which is necessary--
``(A) for reasons of workplace safety; or
``(B) to prevent damage to public property.''.
(b) Clerical Amendment.--The analysis for chapter 72 of
title 5, United States Code, is amended by adding at the end
the following:
``SUBCHAPTER III--EMPLOYEES' RIGHT TO DISPLAY THE FLAG OF THE UNITED
STATES
``7221. Definitions.
``7222. Employees' right to display the flag of the United States.
``7223. Limitations.''.
Discharged from the Committee on Financial Services and Passed
S. 1210, to reauthorize the Native American Housing Assistance and
Self-Determination Act of 1996.
S. 1210
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Housing
Assistance and Self-Determination Reauthorization Act of
2002''.
SEC. 2. REAUTHORIZATION OF THE NATIVE AMERICAN HOUSING
ASSISTANCE AND SELF-DETERMINATION ACT OF 1996.
(a) Block Grants.--Section 108 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4117) is amended by striking ``1998, 1999, 2000, and
2001'' and inserting ``1998 through 2007''.
(b) Federal Guarantees.--Section 605 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4195) is amended--
(1) in subsection (a), by striking ``1997, 1998, 1999,
2000, and 2001'' and inserting ``1997 through 2007''; and
(2) in subsection (b), by striking ``1997, 1998, 1999,
2000, and 2001'' and inserting ``1997 through 2007''.
(c) Training and Technical Assistance.--Section 703 of the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4212) is amended by striking ``1997, 1998,
1999, 2000, and 2001'' and inserting ``1997 through 2007''.
(d) Indian Housing Loan Guarantee Fund.--Section 184(i) of
the Housing and Community Development Act of 1992 (12 U.S.C.
1715z-13a(i)) is amended--
(1) in paragraph (5)(C), by striking ``each fiscal year''
and inserting ``each of fiscal years 1997 through 2007''; and
(2) in paragraph (7), by striking ``each fiscal year'' and
inserting ``each of fiscal years 1997 through 2007''.
SEC. 3. DEFINITIONS.
Section 4 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C 4103) is amended by
adding at the end the following:
``(22) Housing related community development.--
``(A) In general.--The term `housing related community
development' means any tribally-owned and operated facility,
business, activity, or infrastructure that--
``(i) is necessary to the direct construction of
reservation housing; and
``(ii) would help an Indian tribe or its tribally-
designated housing authority reduce the cost of construction
of Indian housing or otherwise promote the findings of this
Act.
``(B) Exclusion.--The term `housing and community
development' does not include any activity conducted by any
Indian tribe under the Indian Gaming Regulatory Act (25
U.S.C. 2710 et seq.).''.
SEC. 4. BLOCK GRANTS AND GRANT REQUIREMENTS.
Section 101(h) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4111(h)) is
amended--
(1) in the heading, by inserting ``and Planning'' after
``Administrative''; and
(2) by inserting after the word ``Act'' the first place
that term appears, the following: ``for comprehensive housing
and community development planning activities and''.
SEC. 5. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.
Section 104 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4114) is amended--
(1) in subsection (a)(1)--
(A) by striking ``A recipient'' and inserting the
following: ``Notwithstanding any other provision of this Act,
a recipient''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) the recipient has agreed that it will utilize such
income for housing related activities in accordance with this
Act.''; and
(2) in subsection (a)(2)--
(A) in the heading, by inserting ``Restricted Access or''
before the word ``Reduction'';
(B) in subparagraph (B), by striking ``or'' at the end;
(C) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(D) by adding at the end the following:
``(D) whether the recipient has expended retained program
income for housing-related activities.''.
SEC. 6. REGULATIONS.
Section 106(b)(2)(A) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4116(b)(2)(A)) is amended by inserting after ``required under
this Act'' the following: ``, including any regulations that
may be required pursuant to amendments made to this Act after
the date of enactment of this Act,''.
SEC. 7. FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING
ACTIVITIES.
Section 601 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4191) is amended--
(1) in subsection (a), by inserting after ``section 202''
the following: ``and housing related community development
activity as consistent with the purposes of this Act'';
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 8. FEASIBILITY STUDIES TO IMPROVE THE DELIVERY OF
HOUSING ASSISTANCE IN NATIVE COMMUNITIES.
Section 202 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4132) is amended by
adding at the end the following:
``(7) Community development demonstration project.--
``(A) In general.--Consistent with principles of Indian
self-determination and the findings of this Act, the
Secretary shall conduct and submit to Congress a study of the
feasibility of establishing a demonstration project in which
Indian tribes, tribal organizations, or tribal consortia are
authorized to expend amounts received pursuant to the Native
American Housing Assistance and Self-Determination
Reauthorization Act of 2002 in order to design, implement,
and operate community development demonstration projects.
``(B) Study.--Not later than 1 year after the date of
enactment of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2002, the Secretary
shall submit the study conducted under subparagraph (A) to
the Committee on Banking, Housing, and Urban Affairs and the
Committee on Indian Affairs of the Senate, and the Committee
on Financial Services and the Committee on Resources of the
House of Representatives.
``(8) Self-determination act demonstration project.--
``(A) In general.--Consistent with the provisions of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.), the Secretary shall conduct and submit
to Congress a study of the feasibility of establishing a
demonstration project in which Indian tribes and tribal
organizations are authorized to receive assistance in a
manner that maximizes tribal authority and decision-making in
the design and implementation of Federal housing and related
activity funding.
``(B) Study.--Not later than 1 year after the date of
enactment of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2002, the Secretary
shall submit the study conducted under subparagraph (A) to
the Committee on Banking, Housing, and Urban Affairs and the
Committee on Indian Affairs of the Senate, and the Committee
on Financial Services and the Committee on Resources of the
House of Representatives.''.
SEC. 9. BLACK MOLD INFESTATION STUDY.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Housing and Urban Development shall--
(1) complete a study on the extent of black mold
infestation of Native American housing in the United States;
and
(2) submit to Congress a report that describes
recommendations of the Secretary for means by which to
address the infestation.
Passed
S. 1227, to authorize the Secretary of the Interior to conduct a
study of the suitability and feasibility of establishing the Niagara
Falls National Heritage Area in the State of New York, and for other
purposes.
S. 1227
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Niagara Falls National
Heritage Area Study Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``study area'' means lands in
Niagara County, New York, along and in the vicinity of the
Niagara River.
SEC. 3. NIAGARA FALLS NATIONAL HERITAGE AREA STUDY.
(a) In General.--The Secretary shall conduct a study of the
suitability and feasibility of establishing a heritage area
in the State of New York to be known as the ``Niagara Falls
National Heritage Area''.
(b) Analyses and Documentation.--The study shall include
analysis and documentation of whether the study area--
(1) contains an assemblage of natural, historical, scenic,
and cultural resources that represent distinctive aspects of
the heritage of the United States that--
(A) are worthy of recognition, conservation,
interpretation, and continued use; and
(B) would best be managed--
(i) through partnerships among public and private entities;
and
(ii) by combining diverse and sometimes noncontiguous
resources and active communities;
(2) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the story of the United States;
[[Page H7976]]
(3) provides outstanding opportunities to conserve natural,
historical, scenic, or cultural features;
(4) provides outstanding recreational and educational
opportunities;
(5) contains resources important to the identified theme of
the study area that retain a degree of integrity capable of
supporting interpretation;
(6) includes residents, business interests, nonprofit
organizations, and State and local governments that--
(A) are involved in planning a national heritage area;
(B) have developed a conceptual financial plan for a
national heritage area that outlines the roles for all
participants, including the Federal Government; and
(C) have demonstrated support for the concept of a national
heritage area;
(7) has a potential management entity to work in
partnership with residents, business interests, nonprofit
organizations, and State and local governments to develop a
national heritage area consistent with continued State and
local economic activity; and
(8) has a conceptual boundary map that is supported by the
public.
(c) Consultation.--In conducting the study, the Secretary
shall consult with--
(1) State and local agencies; and
(2) interested organizations within the study area.
(d) Report.--Not later than 3 fiscal years after the date
on which funds are made available to carry out this Act, the
Secretary shall submit to the Committee on Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report that describes the
findings, conclusions, and recommendations of the study under
subsection (a).
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $300,000 to carry
out this Act.
Discharged from the Committee on Energy and Commerce and Agreed to
H. Con. Res. 502, expressing the sense of the Congress in support of
Breast Cancer Awareness Month, and for other purposes.
H. Con. Res. 502
Whereas every 3 minutes a woman is diagnosed with breast
cancer;
Whereas 182,000 new cases of breast cancer are expected to
be diagnosed in the United States in 2002;
Whereas breast cancer is the leading cause of death in
women between the ages of 40 and 55;
Whereas 1 in 8 women who lives to age 85 will develop
breast cancer in her lifetime;
Whereas when breast cancer is found early the survival rate
is 96 percent;
Whereas mammograms and monthly breast self-examinations are
the key components of early detection; and
Whereas Breast Cancer Awareness Month provides a special
opportunity to provide education about the importance of
monthly breast self-examinations and annual mammograms: Now,
therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of Congress that--
(1) Breast Cancer Awareness Month provides a special
opportunity to provide education about the importance of
monthly breast self-examinations and annual mammograms;
(2) it is appropriate to salute the more than 2,000,000
breast cancer survivors in the United States and the efforts
of victims, volunteers, and professionals who combat breast
cancer each day;
(3) national and community organizations should be
recognized and applauded for their work in promoting
awareness about breast cancer and for providing information
and treatment to its sufferers; and
(4) organizations and health practicioners are urged to use
this opportunity to promote awareness, monthly self-
examinations, and annual mammograms.
Mr. VITTER. Mr. Speaker, I rise today in support of H. Con. Res. 502.
Every 3 minutes a woman is diagnosed with breast cancer. Please join me
in support of Breast Cancer Awareness Month by co-sponsoring H. Con.
Res. 502. Breast Cancer Awareness Month provides a special opportunity
to provide education about the importance of monthly breast self-
examinations and annual mammograms. Early detection greatly increases
victims' chances of survival.
The facts of breast cancer are grim:
This year 182,000 new cases of breast cancer are expected in the
United States.
Breast cancer is the leading cause of death in women between the ages
of 40 and 55.
One in eight women who lives to age 85 will develop breast cancer in
her lifetime.
But there is hope:
When breast cancer is found early, the five-year survival rate is 96
percent.
Monthly breast self-examinations and mammograms are the key
components of early detection.
We recognize and salute the more than 2 million breast cancer
survivors alive today in the United States.
Families across the country are affected by this dreadful disease.
Let's help educate people about the important life-saving measures of
early detection. Please help me honor victims, survivors, volunteers,
and professionals, who combat breast cancer each day.
Discharged from the Committee on House Administration and Agreed to
H. Res. 536, commending the staffs of members of Congress, the
Capitol Police, the Office of the Attending Physician and his health
care staff, and other members of the Capitol Hill community for their
courage and professionalism during the days and weeks following the
release of anthrax in Senator Daschle's office.
H. Res. 536
Whereas there are approximately 30,000 legislative branch
employees who work on Capitol Hill including approximately
6,200 Senate employees, 11,500 House employees, and 12,800
staff from other entities;
Whereas the Capitol Complex consists of approximately 285
acres comprised of 3 Senate office buildings, 3 House office
buildings, 2 House annex buildings, 3 Library of Congress
buildings, and several other facilities;
Whereas on October 15, 2001, a letter containing anthrax
spores was opened in Senator Daschle's office;
Whereas approximately 6,000 individuals were tested for
exposure to anthrax and 28 of those individuals tested
positive;
Whereas approximately 1,000 individuals received a 60-day
supply of antibiotics as a precautionary measure;
Whereas the House of Representatives closed the Rayburn and
Cannon House Office Buildings for 7 days and the Longworth
House Office building for 19 days;
Whereas during the closure of the Senate and House Office
Buildings, Members and staff were forced to find alternative
office space or to work from their homes;
Whereas Senate, House, and support staff continued and
still continue to perform their duties and serve the public
with courage and professionalism in spite of the threat of
anthrax exposure;
Whereas officers of the Capitol Police have worked 12 hour
shifts in response to the September 11, 2001, attacks and
have been working additional overtime due to anthrax
contamination in the Capitol Complex to ensure the safety of
Members, staff, and visitors within the Capitol Complex; and
Whereas the release of anthrax in Senator Daschle's office,
and the contamination of 2 Senate office buildings and 1
House office building, have further disrupted the daily
routines of Members and their staffs and caused frustration
due to dislocated offices: Now, therefore, be it
Resolved, That the House of Representatives--
(1) commends the staffs of Members of Congress, the Capitol
Police, the Office of the Attending Physician and his health
care staff, and other members of the Capitol Hill community
for their courage, professionalism, and dedication to serving
the public in the aftermath of the September 11, 2001,
attacks and the release of anthrax in Senator Daschle's
office;
(2) recognizes the Congressional leadership, Congressional
employees, the Capitol Police, and the Office of the
Attending Physician and the health care professionals in his
office, in particular, who by their quick actions and early
intervention prevented actual cases of anthrax within the
Capitol Complex; and
(3) requests that the President recognize the courage and
professionalism of Congressional staff, the Capitol Police,
and other members of the Capitol Hill community for their
public service in continuing to do the public's business in
defiance of terrorist attacks.
Discharged from the Committee on International Relations and Agreed to
H. Con. Res. 479, expressing the sense of Congress regarding Greece's
contributions to the war against terrorism and its successful efforts
against the November 17 terrorist organization.
H. Con. Res. 479
Whereas the United States and Greece, longtime friends and
allies, have fought side by side in defense of our shared
commitment to freedom and democracy, including in both World
Wars I and II, the Korean War, and Operations Desert Storm
and Enduring Freedom;
Whereas in the immediate aftermath of the tragic events of
September 11, 2001, Greece was one of the first countries to
express its solidarity with the United States;
Whereas Greece, as a NATO ally and a coalition partner in
the war against terrorism, has made significant contributions
to Operation Enduring Freedom and has provided military
personnel and humanitarian assistance to the International
Security Assistance Force in Afghanistan;
Whereas President Bush has commended Greece for its
``strong stand against terror'';
Whereas Greece, through excellent work and cooperation with
United States and international law enforcement agencies,
recently arrested key members of the November 17 terrorist
organization;
Whereas President Bush stated that Greece's ``successful
law enforcement operations against a terrorist organization
[November 17] responsible for three decades of terrorist
attacks underscore the important contributions Greece is
making to the global war on terrorism''; and
Whereas the arrest of the November 17 terrorists will
contribute to a safe and secure environment for staging the
2004 Olympic Games in Athens, Greece: Now, therefore, be it
[[Page H7977]]
Resolved by the House of Representatives (the Senate
concurring), That Congress--
(1) commends Greece for its outstanding contributions to
the global war against terrorism, including military support
for Operation Enduring Freedom, humanitarian assistance for
Afghanistan, and participation in the International Security
Assistance Force in Afghanistan; and
(2) recognizes Greece's success in apprehending key members
of the November 17 terrorist organization, commends the
cooperation between United States and Greek law enforcement
agencies, and urges continued efforts to dismantle completely
the November 17 terrorist organization, as such efforts will
also contribute to a safe and secure environment for staging
the 2004 Olympics in Athens, Greece.
Discharged from the Committee on International Relations and Agreed to
H. Con. Res. 492, welcoming Her Majesty Queen Sirikit of Thailand
upon her arrival in the United States.
H. Con. Res. 492
Whereas the United States and the Kingdom of Thailand have
enjoyed 169 years of peaceful and constructive relations
since the signing of the Treaty of Amity and Commerce in
1833;
Whereas the aforesaid document was the first such treaty
signed between the United States and any Asian nation;
Whereas the United States enjoys both a bilateral security
agreement and a military assistance agreement with Thailand
and conducts several military exercises with the armed forces
of Thailand every year, the largest of which is the Cobra
Gold exercise;
Whereas Her Majesty Queen Sirikit has made major
contributions to advancing the social and economic welfare
and health of the people of Thailand, most notably as
President of the Thai Red Cross Society;
Whereas in order to assist the rural poor of Thailand, Her
Majesty Queen Sirikit serves as patron and chairperson of the
Foundation for the Promotion of Supplementary Occupations and
Related Techniques (SUPPORT);
Whereas in her capacity as President of the Thai Red Cross
Society, Her Majesty Queen Sirikit established the Khao Larn
Thai Red Cross Center to provide food, shelter, and medical
attention to Cambodian refugees fleeing turmoil in their
country; and
Whereas Her Majesty Queen Sirikit's contributions to the
welfare of Thai citizens and of international refugees have
been widely recognized by groups as diverse as the United
Nations Food and Agriculture Organization, the Fletcher
School of Law and Diplomacy, and the British Royal College of
Physicians: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress welcomes Her Majesty Queen
Sirikit on her visit to the United States, and expresses the
hope that her visit will further strengthen the deep
historical relationship between the United States and the
Kingdom of Thailand.
Discharged from the Committee on International Relations, Amended, and
Agreed to
H. Con. Res. 349, calling for an end to the sexual exploitation of
refugees.
H. Con. Res. 349
Whereas the United Nations and organizations engaged in
international humanitarian relief periodically receive
reports of sexual exploitation of refugees, particularly
women and children;
Whereas last year a report commissioned by the United
Nations High Commissioner of Refugees and the British
organization Save the Children accuses aid workers in
Liberia, Sierra Leone, and Guinea of refusing to give food
and medicine to young girls unless they perform sexual
favors;
Whereas in response to this report the Secretary General of
the United Nations denounced sexual exploitation of refugees
and called for a full investigation of the humanitarian staff
from the agencies involved;
Whereas the charges against aid workers in West Africa are
still being investigated and in recent years there have been
reports implicating employees of international
nongovernmental organizations, government agencies
responsible for humanitarian response, and peacekeeping
forces in sexual exploitation of refugees;
Whereas many of these reports have involved children, some
as young as 10 to 12 years of age;
Whereas the insufficiency of food rations in refugee camps
has been cited as a primary factor contributing to sexual
exploitation;
Whereas refugees are often extremely poor and cut off from
employment and other ordinary means of income, so that they
can be highly susceptible to demands that they exchange sex
for food to help their families survive: and
Whereas the relationship between refugee workers and
refugees is a custodial or caregiving relationship in which
the custodian or caregiver can exercise substantial power
over the life of the other party, and which carries a
corresponding risk of abuse: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress--
(1) supports the Secretary General of the United Nations in
condemning the sexual exploitation of children by
humanitarian aid workers;
(2) urges the United Nations to conduct a comprehensive
worldwide investigation into the extent, if any, of sexual
exploitation of refugees by agents or employees of United
Nations agencies, of other international nongovernmental
organizations, and of governments;
(3) urges the President to--
(A) affirm the commitment of the United States to
protecting the well-being and human rights of women and
children, particularly those in refugee situations; and
(B) instruct the Administrator of the United States Agency
for International Development and the Secretary of
Agriculture to review the distribution of food assistance to
refugee communities throughout the world to ensure that
humanitarian assistance to refugees provided by the United
States is respectful of the human rights of women and
children and is distributed in such a way as to minimize the
risk of sexual exploitation; and
(4) urges the Secretary General, the President, and the
executive authorities of all governmental and nongovernmental
entities engaged in refugee work to adopt codes of conduct
for employees, contractors, and other agents of the United
Nations, of the United States Government, and of such
governmental and nongovernmental entities, respectively, who
are engaged in refugee work that strictly prohibit sexual
relationships between international refugee workers and those
entrusted to their care, and to enforce these prohibitions
vigorously.
Amend the title so as to read: ``Concurrent resolution
calling for effective measures to end the sexual exploitation
of refugees.''.
Discharged from the Committee on International Relations, Amended, and
Agreed To
House Concurrent Resolution 437, recognizing the Republic of Turkey
for its cooperation in the campaign against global terrorism, for its
commitment of forces and assistance to Operation Enduring Freedom and
subsequent missions in Afghanistan, and for initiating important
economic reforms to build a stable and prosperous economy in Turkey.
H. Con. Res. 437
Whereas the United States and the Republic of Turkey have
long been allies and share a commitment to preserving global
peace and stability;
Whereas Turkey has demonstrated a steadfast commitment to
the war on terrorism;
Whereas Turkey was the first country with a predominantly
Muslim population to offer direct military participation in
Operation Enduring Freedom;
Whereas the use of the Incirlik Air Base in Turkey, from
which thousands of United States transport planes have taken
off since the beginning of Operation Enduring Freedom, has
greatly facilitated the campaign in Afghanistan;
Whereas Turkey, the only member nation of NATO with a
predominantly Muslim population, has assumed command of the
International Security and Assistance Force in Afghanistan;
Whereas Turkey faced financial and currency crises and a
recession in 2000 and 2001;
Whereas Turkey's fiscal discipline and actions to restore
confidence in the banking system have laid the foundation for
sound economic recovery;
Whereas the future growth and prosperity of Turkey depend
in large measure on encouraging more foreign investment in
Turkey and improving trade relations; and
Whereas the United States is interested in building a
broader investment and trading relationship with Turkey: Now,
therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That Congress--
(1) recognizes the Republic of Turkey for its steadfast
commitment to, and cooperation in, the war against terrorism,
including--
(A) Turkey's immediate condemnation of the terrorist
attacks against the United States that occurred on September
11, 2001;
(B) Turkey's offers to the United States of troops, the use
of air bases, increased force protection for United States
military personnel and equipment in Turkey, and diplomatic
overflight clearances;
(C) Turkey's deployment of hundreds of troops to
Afghanistan to participate in the initial phase of the
International Security Assistance Force; and
(D) Turkey's willingness to participate in and lead the
International Security Assistance Force in Afghanistan and
assist the United States in training the new Afghan security
forces; and
(2) commends Turkey for implementing economic reforms,
particularly those which increase privatization and improve
the investment climate in Turkey.
Amended by Committee Amendment, as Amended, and Passed
H.R. 5200, to establish wilderness area, promote conservation,
improve public land, and provide for high quality development in Clark
County, Nevada, and for other purposes.
Amendment in the Nature of a Substitute to H.R. 5200, as Reported
Offered by Mr. Hansen of Utah
Strike all after the enacting clause and insert the
following new text:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clark County Conservation of
Public Land and Natural Resources Act of 2002''.
[[Page H7978]]
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Authorization of appropriations.
TITLE I--RED ROCK CANYON NATIONAL CONSERVATION AREA LAND EXCHANGE AND
BOUNDARY ADJUSTMENT
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Findings and purposes.
Sec. 104. Red Rock Canyon land exchange.
Sec. 105. Status and management of lands.
Sec. 106. General provisions.
TITLE II--WILDERNESS AREAS
Sec. 201. Findings.
Sec. 202. Additions to National Wilderness Preservation System.
Sec. 203. Administration.
Sec. 204. Adjacent management.
Sec. 205. Military overflights.
Sec. 206. Native American cultural and religious uses.
Sec. 207. Release of wilderness study areas.
Sec. 208. Wildlife management.
Sec. 209. Wildfire management.
Sec. 210. Climatological data collection.
Sec. 211. National Park Service lands.
TITLE III--TRANSFERS OF ADMINISTRATIVE JURISDICTION
Sec. 301. Transfer of administrative jurisdiction to the United States
Fish and Wildlife Service.
Sec. 302. Transfer of administrative jurisdiction to National Park
Service.
TITLE IV--AMENDMENTS TO THE SOUTHERN NEVADA PUBLIC LAND MANAGEMENT ACT
Sec. 401. Disposal and exchange.
TITLE V--IVANPAH CORRIDOR
Sec. 501. Interstate Route 15 south corridor.
Sec. 502. Area of Critical Environmental Concern segregation.
TITLE VI--SLOAN CANYON NATIONAL CONSERVATION AREA
Sec. 601. Short title.
Sec. 602. Purpose.
Sec. 603. Definitions.
Sec. 604. Establishment.
Sec. 605. Management.
Sec. 606. Sale of Federal parcel.
Sec. 607. Right-of-way.
TITLE VII--PUBLIC INTEREST CONVEYANCES
Sec. 701. Definition of map.
Sec. 702. Conveyance to the University of Nevada at Las Vegas Research
Foundation.
Sec. 703. Conveyance to the Las Vegas Metropolitan Police Department.
Sec. 704. Conveyance to the City of Henderson for the Nevada State
College at Henderson.
Sec. 705. Conveyance to the City of Las Vegas, Nevada.
Sec. 706. Sale of Federal parcel.
TITLE VIII--HUMBOLDT PROJECT CONVEYANCE
Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Authority to convey title.
Sec. 804. Payment.
Sec. 805. Compliance with other laws.
Sec. 806. Revocation of withdrawals.
Sec. 807. Liability.
Sec. 808. National Environmental Policy Act.
Sec. 809. Future benefits.
TITLE IX--MISCELLANEOUS PROVISIONS
Sec. 901. Technical amendments to the Mesquite Lands Act 2001.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the Agreement
entitled ``Interim Cooperative Management Agreement Between
the United States of the Interior Bureau of Land Management
and Clark County'', dated November 4, 1992.
(2) County.--The term ``County'' means Clark County,
Nevada.
(3) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture with respect to land in
the National Forest System; or
(B) the Secretary of the Interior, with respect to other
Federal land.
(4) State.--The term ``State'' means the State of Nevada.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized such sums as may be necessary to carry
out this Act.
TITLE I--RED ROCK CANYON NATIONAL CONSERVATION AREA LAND EXCHANGE AND
BOUNDARY ADJUSTMENT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Red Rock Canyon National
Conservation Area Protection and Enhancement Act of 2002''.
SEC. 102. DEFINITIONS.
As used in this title:
(1) Corporation.--The term ``Corporation'' means the Howard
Hughes Corporation, an affiliate of the Rouse Company, with
its principal place of business at 10000 West Charleston
Boulevard, Las Vegas, Nevada.
(2) Red rock canyon.--The term ``Red Rock Canyon'' means
the Red Rock Canyon National Conservation Area, consisting of
approximately 195,780 acres of public lands in Clark County,
Nevada, specially designated for protection in the Red Rock
Canyon National Conservation Area Establishment Act of 1990
(16 U.S.C. 460ccc et seq.), as depicted on the Red Rock
Canyon Map.
(3) Red rock canyon map.--The term ``Red Rock Canyon Map''
means the map entitled ``Southern Nevada Public Land
Management Act'', dated October 1, 2002.
SEC. 103. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) Red Rock Canyon is a natural resource of major
significance to the people of Nevada and the United States.
It must be protected in its natural state for the enjoyment
of future generations of Nevadans and Americans, and enhanced
wherever possible.
(2) In 1998, the Congress enacted the Southern Nevada
Public Lands Management Act of 1998 (Public Law 105-263),
which provided among other things for the protection and
enhancement of Red Rock Canyon.--
(3) The Corporation owns much of the private land on Red
Rock Canyon's eastern boundary, and is engaged in developing
a large-scale master-planned community.
(4) Included in the Corporation's land holdings are 1,071
acres of high-ground lands at the eastern edge of Red Rock
Canyon. These lands were intended to be included in Red Rock,
but to date have not been acquired by the United States. The
protection of this high-ground acreage would preserve an
important element of the western Las Vegas Valley viewshed.
(5) The Corporation has volunteered to forgo development of
the high-ground lands, and proposes that the United States
acquire title to the lands so that they can be preserved in
perpetuity to protect and expand Red Rock Canyon.
(b) Purposes.--The purpose of this title are:
(1) To accomplish an exchange of lands between the United
States and the Corporation that would transfer certain high-
ground lands to the United States in exchange for the
transfer of other lands of approximately equal value to the
Corporation.
(2) To protect Red Rock Canyon and to expand its boundaries
as contemplated by the Bureau of Land Management, as depicted
on the Red Rock Canyon Map.
(3) To further fulfill the purposes of the Southern Nevada
Public Lands Management Act of 1998 and the Red Rock Canyon
National Conservation Area Establishment Act of 1990.
SEC. 104. RED ROCK CANYON LAND EXCHANGE.
(a) Acquisition Requirement.--If the Corporation offers to
convey to the United States all right, title, and interest in
and to the approximately 1,082 acres of non-Federal land
owned by the Corporation and depicted on the Red Rock Canyon
Map as ``Offered Lands proposed addition to the Red Rock
Canyon NCA'', the Secretary shall accept such offer on behalf
of the United States, and not later than 90 days after the
date of the offer, except as otherwise provided in this
title, shall make the following conveyances:
(1) To the Corporation, the approximately 998 acres of
Federal lands depicted on the Red Rock Canyon Map as ``Public
land selected for exchange''.
(2) To Clark County, Nevada, the approximately 1,221 acres
of Federal lands depicted on the Red Rock Canyon Map as
``Proposed BLM transfer for county park''.
(b) Simultaneous Conveyances.--Title to the private
property and the Federal property to be conveyed pursuant to
this section shall be conveyed at the same time.
(c) Map.--The Secretary shall keep the Red Rock Canyon Map
on file and available for public inspection in the Las Vegas
District Office of the Bureau of Land Management in Nevada,
and the State Office of the Bureau of Land Management, Reno,
Nevada.
(d) Conditions.--
(1) Hazardous materials.--As a condition of the conveyance
under --subsection (a)(1), the Secretary shall require that
the Corporation be responsible for removal of and remediation
related to any hazardous materials that are present on the
property conveyed to the United States under subsection (a).
(2) Survey.--As a condition of the conveyance under
subsection (a)(1), the Secretary shall require that not later
than 90 days after the date of the offer referred to in
subsection (a), the Corporation shall provide a metes and
bounds survey, that is acceptable to the Corporation, Clark
County, and the Secretary, of the common boundary between the
parcels of land to be conveyed under subsection (a).
(3) Lands conveyed to clark county.--As a condition of the
conveyance under subsection (a)(2), the Secretary shall
require that--
(A) the lands transferred to Clark County by the United
States must be held in perpetuity by the County for use only
as a public park or as part of a public regional trail
system; and
(B) if the County attempts to transfer the lands or to
undertake a use on the lands that is inconsistent with their
preservation and use as described in subparagraph (A), such
lands shall, at the discretion of the Secretary, revert to
the United States.
(e) Valuation.--
(1) Equal value exchange.--The values of the Federal parcel
and the non-Federal parcel, as determined under paragraph
(2)--
(A) shall be equal; or
(B) if the values are not equal, shall be equalized in
accordance with paragraph (3).
(2) Appraisal.--The values of the Federal parcel and the
non-Federal parcel shall be determined by an appraisal, to be
approved
[[Page H7979]]
by the Secretary, that complies with the Uniform Standards
for Federal Land Acquisitions.
(3) Equalization.--
(A) In general.--If the value of the non-Federal parcel is
less than the value of the Federal parcel--
(i) the Corporation shall make a cash equalization payment
to the Secretary; or
(ii) the Secretary shall, as determined to be appropriate
by the Secretary and the Corporation, reduce the acreage of
the Federal parcel.
(B) Disposition of proceeds.--The Secretary shall deposit
any cash equalization payments received under subparagraph
(A)(i) in accordance with section 4(e)(1)(C) of the Southern
Nevada Public Land Management Act of 1998 (112 Stat. 2345).
SEC. 105. STATUS AND MANAGEMENT OF LANDS.
(a) Inclusion and Management of Lands.--Upon the date of
the enactment of this Act, the Secretary shall administer the
lands depicted on the Red Rock Map as ``Public Lands-proposed
addition to the Red Rock Canyon NCA'', exclusive of those
lands used for the Corps of Engineers R-4 Detention Basin, as
part of Red Rock and in accordance with the Red Rock Canyon
National Conservation Area Establishment Act of 1990 (16
U.S.C. 460ccc et seq.) and all other applicable laws.
(b) Inclusion of Acquired Lands.--Upon acquisition by the
United States of lands under this Act, the Secretary shall--
(1) administer the lands as part of Red Rock and in
accordance with the Red Rock Canyon National Conservation
Area Establishment Act of 1990 (16 U.S.C. 460ccc et seq.),
the Southern Nevada Public Lands Management Act of 1998
(Public Law 105-263), and all other applicable laws; and
(2) create new maps showing the boundaries of Red Rock as
modified or pursuant to this Act, and make such maps
available for review at the Las Vegas District Office of the
Bureau of Land Management and the State Office of the Bureau
of Land Management, Reno, Nevada.
(c) Conforming Amendment.--Section 3(a)(2) of the Red Rock
Canyon National Conservation Area Establishment Act of 1990
(16 U.S.C. 460ccc-1(a)(2)) is amended by inserting before the
period the following: ``, and such additional areas as are
included in the conservation area pursuant to the Red Rock
Canyon National Conservation Area Protection and Enhancement
Act of 2002''.
SEC. 106. GENERAL PROVISIONS.
(a) Review of Appraisal.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall
complete a review of the appraisal entitled, ``Complete Self-
Contained Appraisal Red Rock Exchange, Las Vegas, Nevada'',
completed on or about June 3, 2002. The difference in
appraisal values shall be reimbursed to the Secretary by the
Corporation in accordance with the Southern Nevada Public
Lands Management Act of 1998.
(b) Valid Existing Rights.--The land exchange under this
Act shall be subject to valid existing rights. Each party to
which property is conveyed under this Act shall succeed to
the rights and obligations of the conveying party with
respect to any lease, right-of-way, permit, or other valid
existing right to which the property is subject.
(c) Technical Corrections.--Nothing in this Act prohibits
the parties to the conveyances under this Act from agreeing
to the correction of technical errors or omissions in the Red
Rock Map.
(d) Withdrawal of Affected Lands.--To the extent not
already accomplished under law or administrative action, the
Secretary shall withdraw from operation of the public land
and mining laws, subject to valid existing rights--
(1) those Federal lands acquired by the United States under
this Act; and
(2) those Federal lands already owned by the United States
on the date of enactment of this Act but included within the
Red Rock National Conservation Area boundaries by this Act.
TITLE II--WILDERNESS AREAS
SEC. 201. FINDINGS.
The Congress finds that--
(1) public land in the County contains unique and
spectacular natural resources, including--
(A) priceless habitat for numerous species of plants and
wildlife; and
(B) thousands of acres of pristine land that remain in a
natural state;
(2) continued preservation of those areas would benefit the
County and all of the United States by--
(A) ensuring the conservation of ecologically diverse
habitat;
(B) conserving primitive recreational resources; and
(C) protecting air and water quality.
SEC. 202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION
SYSTEM.
(a) Additions.--The following land in the State is
designated as wilderness and as components of the National
Wilderness Preservation System:
(1) Arrow canyon wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
27,530 acres, as generally depicted on the map entitled
``Arrow Canyon'', dated October 1, 2002, which shall be known
as the ``Arrow Canyon Wilderness''.
(2) Black canyon wilderness.--Certain Federal land within
the Lake Mead National Recreation Area and an adjacent
portion of Federal land managed by the Bureau of Land
Management, comprising approximately 17,220 acres, as
generally depicted on the map entitled ``Eldorado/Spirit
Mountain'', dated October 1, 2002, which shall be known as
the Black Canyon Wilderness .
(3) Bridge canyon wilderness.--Certain Federal land within
the Lake Mead National Recreation Area, comprising
approximately 7,761 acres, as generally depicted on the map
entitled ``Eldorado/Spirit Mountain'', dated October 1, 2002,
which shall be known as ``the Bridge Canyon Wilderness''.
(4) Eldorado wilderness.--Certain Federal land within the
Lake Mead National Recreation Area and an adjacent portion of
Federal land managed by the Bureau of Land Management,
comprising approximately 31,950 acres, as generally depicted
on the map entitled ``Eldorado/Spirit Mountain'', dated
October 1, 2002, which shall be known as the ``Eldorado
Wilderness''.
(5) Ireteba peaks wilderness.--Certain Federal land within
the Lake Mead National Recreation Area and an adjacent
portion of Federal land managed by the Bureau of Land
Management, comprising approximately 32,745 acres, as
generally depicted on the map entitled ``Eldorado/Spirit
Mountain'', dated October 1, 2002, which shall be known as
the ``Ireteba Peaks Wilderness''.
(6) Jimbilnan wilderness.--Certain Federal land within the
Lake Mead National Recreation Area, comprising approximately
18,879 acres, as generally depicted on the map entitled
``Muddy Mountains'', dated October 1, 2002, which shall be
known as the ``Jimbilnan Wilderness''.
(7) Jumbo springs wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
4,631 acres, as generally depicted on the map entitled ``Gold
Butte'', dated October 1, 2002, which shall be known as the
``Jumbo Springs Wilderness''.
(8) La madre mountain wilderness.--Certain Federal land
within the Toiyabe National Forest and an adjacent portion of
Federal land managed by the Bureau of Land Management,
comprising approximately 47,180 acres, as generally depicted
on the map entitled ``Spring Mountains'', dated October 1,
2002, which shall be known as the ``La Madre Mountain
Wilderness''.
(9) Lime canyon wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately
23,233 acres, as generally depicted on the map entitled
``Gold Butte'', dated October 1, 2002, which shall be known
as the ``Lime Canyon Wilderness''.
(10) Mt. charleston wilderness additions.--Certain Federal
land within the Toiyabe National Forest and an adjacent
portion of Federal land managed by the Bureau of Land
Management, comprising approximately 13,598 acres, as
generally depicted on the map entitled ``Spring Mountains'',
dated October 1, 2002, which shall be included in the Mt.
Charleston Wilderness.
(11) Muddy mountains wilderness.--Certain Federal land
within the Lake Mead National Recreation Area and an adjacent
portion of land managed by the Bureau of Land Management,
comprising approximately 48,019 acres, as generally depicted
on the map entitled ``Muddy Mountains'', dated October 1,
2002, which shall be known as the Muddy Mountains Wilderness.
(12) Nellis wash wilderness.--Certain Federal land within
the Lake Mead National Recreation Area, comprising
approximately 16,423 acres, as generally depicted on the map
entitled ``Eldorado/Spirit Mountain'', dated October 1, 2002,
which shall be known as the Nellis Wash Wilderness.
(13) North mc cullough wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 14,763 acres, as generally depicted on the map
entitled ``McCulloughs'', dated October 1, 2002, which shall
be known as the North McCullough Wilderness.
(14) Pinto valley wilderness.--Certain Federal land within
the Lake Mead National Recreation Area, comprising
approximately 39,173 acres, as generally depicted on the map
entitled ``Muddy Mountains'', dated October 1, 2002, which
shall be known as the Pinto Valley Wilderness.
(15) Rainbow mountain wilderness.--Certain Federal land
within the Toiyabe National Forest and an adjacent portion of
Federal land managed by the Bureau of Land Management,
comprising approximately 24,997 acres, as generally depicted
on the map entitled ``Spring Mountains'', dated October 1,
2002, which shall be known as the Rainbow Mountain
Wilderness.
(16) South mc cullough wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 44,245 acres, as generally depicted on the map
entitled ``McCulloughs'', dated October 1, 2002, which shall
be known as the South McCullough Wilderness.
(17) Spirit mountain wilderness.--Certain Federal land
within the Lake Mead National Recreation Area and an adjacent
portion of Federal land managed by the Bureau of Land
Management, comprising approximately 33,518 acres, as
generally depicted on the map entitled ``Eldorado/Spirit
Mountain'', dated October 1, 2002, which shall be known as
the Spirit Mountain Wilderness.
(18) Wee thump joshua tree wilderness.--Certain Federal
land managed by the Bureau of Land Management, comprising
approximately 6,050 acres, as generally depicted on the map
entitled ``McCulloughs'', dated October 1, 2002, which shall
be known as the Wee Thump Joshua Tree Wilderness.
(b) Boundary.--
[[Page H7980]]
(1) Lake offset.--The boundary of any portion of a
wilderness area designated by subsection (a) that is bordered
by Lake Mead, Lake Mohave, or the Colorado River shall be 300
feet inland from the high water line.
(2) Road offset.--The boundary of any portion of a
wilderness area designated by subsection (a) that is bordered
by a road shall be at least 100 feet from the edge of the
road to allow public access.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of each wilderness area designated by
subsection (a) with the Committee on Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate.
(2) Effect.--Each map and legal description shall have the
same force and effect as if included in this section, except
that the Secretary may correct clerical and typographical
errors in the map or legal description.
(3) Availability.--Each map and legal description shall be
on file and available for public inspection in the
appropriate offices of the Bureau of Land Management,
National Park Service, or Forest Service, as applicable.
(d) Withdrawal.--Subject to valid existing rights, the
wilderness areas designated in this section are withdrawn
from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
SEC. 203. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, each
area designated as wilderness by this title shall be
administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior with respect to lands administered
by the Secretary of the Interior.
(b) Livestock.--Within the wilderness areas designated
under this title that are administered by the Bureau of Land
Management, the grazing of livestock in areas in which
grazing is established as of the date of enactment of this
Act shall be allowed to continue, subject to such reasonable
regulations, policies, and practices that the Secretary
considers necessary, consistent with section 4(d)(4) of the
Wilderness Act (16 U.S.C. 1133(d)(4)), including the
guidelines set forth in Appendix A of House Report 101-405.
(c) Incorporation of Acquired Lands and Interests.--Any
land or interest in land within the boundaries of an area
designated as wilderness by this title that is acquired by
the United States after the date of enactment of this Act
shall be added to and administered as part of the wilderness
area within which the acquired land or interest is located.
(d) Water Rights.--
(1) Findings.--Congress finds that--
(A) the lands designated as Wilderness by this Act are
within the Mojave Desert, are arid in nature, and include
ephemeral streams;
(B) the hydrology of the lands designated as wilderness by
this Act is locally characterized by complex flow patterns
and alluvial fans with impermanent channels;
(C) the subsurface hydrogeology of the region is
characterized by ground water subject to local and regional
flow gradients and artesian aquifers;
(D) the lands designated as wilderness by this Act are
generally not suitable for use or development of new water
resource facilities and there are no actual or proposed water
resource facilities and no opportunities for diversion,
storage, or other uses of water occurring outside such lands
that would adversely affect the wilderness or other values of
such lands; and
(E) because of the unique nature and hydrology of these
desert lands designated as wilderness by this Act and the
existence of the Clark County Multi-Species Habitat
Conservation Plan it is possible to provide for proper
management and protection of the wilderness, perennial
springs and other values of such lands in ways different from
those used in other legislation.
(2) Statutory construction.--
(A) Nothing in this Act shall constitute or be construed to
constitute either an express or implied reservation by the
United States of any water or water rights with respect to
the lands designated as Wilderness by this Act.
(B) Nothing in this Act shall affect any water rights in
the State of Nevada existing on the date of the enactment of
this Act, including any water rights held by the United
States.
(C) Nothing in this subsection shall be construed as
establishing a precedent with regard to any future wilderness
designations.
(D) Nothing in this Act shall be construed as limiting,
altering, modifying, or amending any of the interstate
compacts or equitable apportionment decrees that apportion
water among and between the State of Nevada and other States.
(E) Nothing in this subsection shall be construed as
limiting, altering, modifying, or amending the Clark County
Multi-Species Habitat Conservation Plan (MSHCP) with respect
to the lands designated as Wilderness by this Act including
the MSHCP's specific management actions for the conservation
of perennial springs.
(3) Nevada water law.--The Secretary shall follow the
procedural and substantive requirements of the law of the
State of Nevada in order to obtain and hold any water rights
not in existence on the date of enactment of this Act with
respect to the wilderness areas designated by this Act.
(4) New projects.--
(A) As used in this paragraph, the term ``water resource''
facility means irrigation and pumping facilities, reservoirs,
water conservation works, aqueducts, canals, ditches,
pipelines, wells, hydropower projects, and transmission and
other ancillary facilities, and other water diversion,
storage, and carriage structures. The term ``water resource''
facility does not include wildlife guzzlers.
(B) Except as otherwise provided in this Act, on and after
the date of the enactment of this Act, neither the President
nor any other officer, employee, or agent of the United
States shall fund, assist, authorize, or issue a license or
permit for the development of any new water resource facility
within the wilderness areas designated by this Act.
SEC. 204. ADJACENT MANAGEMENT.
(a) In General.--Congress does not intend for the
designation of wilderness in the State pursuant to this title
to lead to the creation of protective perimeters or buffer
zones around any such wilderness area.
(b) Nonwilderness Activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness designated under this title shall not preclude the
conduct of those activities or uses outside the boundary of
the wilderness area.
SEC. 205. MILITARY OVERFLIGHTS.
Nothing in this title restricts or precludes--
(1) low-level overflights of military aircraft over the
areas designated as wilderness by this title, including
military overflights that can be seen or heard within the
wilderness areas;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the wilderness areas.
SEC. 206. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this Act shall be construed to diminish the
rights of any Indian Tribe. Nothing in this Act shall be
construed to diminish tribal rights regarding access to
Federal lands for tribal activities, including spiritual,
cultural, and traditional food-gathering activities.
SEC. 207. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of
section 603 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782), the public land in the County
administered by the Bureau of Land Management and the Forest
Service in the following areas have been adequately studied
for wilderness designation:
(1) The Garrett Buttes Wilderness Study Area.
(2) The Quail Springs Wilderness Study Area.
(3) The Nellis A, B, C Wilderness Study Area.
(4) Any portion of the wilderness study areas--
(A) not designated as wilderness by section 202(a); and
(B) designated for release on--
(i) the map entitled ``Muddy Mountains'' and dated October
1, 2002;
(ii) the map entitled ``Spring Mountains'' and dated
October 1, 2002;
(iii) the map entitled ``Arrow Canyon'' and dated October
1, 2002;
(iv) the map entitled ``Gold Butte'' and dated October 1,
2002;
(v) the map entitled ``McCullough Mountains'' and dated
October 1, 2002;
(vi) the map entitled ``El Dorado/Spirit Mountain'' and
dated October 1, 2002; or
(vii) the map entitled ``Southern Nevada Public Land
Management Act'' and dated October 1, 2002.
(b) Release.--Except as provided in subsection (c), any
public land described in subsection (a) that is not
designated as wilderness by this title--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202 of that
Act (43 U.S.C. 1712); and
(B) existing cooperative conservation agreements.
(c) Right-of-Way Grant.--The Secretary shall issue to the
State-regulated sponsor of the Centennial Project the right-
of-way for the construction and maintenance of two 500-
kilovolt electrical transmission lines. The construction
shall occur within a 500-foot-wide corridor that is released
from the Sunrise Mountains Instant Study Area in the County
as depicted on the Southern Nevada Public Land Management Act
map, dated October 1, 2002.
SEC. 208. WILDLIFE MANAGEMENT.
(a) In General.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C.
[[Page H7981]]
1133(d)(7)), nothing in this title affects or diminishes the
jurisdiction of the State with respect to fish and wildlife
management, including the regulation of hunting, fishing, and
trapping, in the wilderness areas designated by this title.
(b) Management Activities.--In furtherance of the purposes
and principles of the Wilderness Act, management activities
to maintain or restore fish and wildlife populations and the
habitats to support such populations may be carried out
within wilderness areas designated by this title where
consistent with relevant wilderness management plans, in
accordance with appropriate policies such as those set forth
in Appendix B of House Report 101-405, including the
occasional and temporary use of motorized vehicles, if such
use, as determined by the Secretary, would promote healthy,
viable, and more naturally distributed wildlife populations
that would enhance wilderness values and accomplish those
purposes with the minimum impact necessary to reasonably
accomplish the task.
(c) Existing Activities.--Consistent with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)) and in accordance
with appropriate policies such as those set forth in Appendix
B of House Report 101-405, the State may continue to use
aircraft, including helicopters, to survey, capture,
transplant, monitor, and provide water for wildlife
populations, including bighorn sheep, and feral stock,
horses, and burros.
(d) Wildlife Water Development Projects.--Subject to
subsection (f), the Secretary shall, authorize structures and
facilities, including existing structures and facilities, for
wildlife water development projects, including guzzlers, in
the wilderness areas designated by this title if--
(1) the structures and facilities will, as determined by
the Secretary, enhance wilderness values by promoting
healthy, viable and more naturally distributed wildlife
populations; and
(2) the visual impacts of the structures and facilities on
the wilderness areas can reasonably be minimized.
(e) Hunting, Fishing, and Trapping.--The Secretary may
designate by regulation areas in consultation with the
appropriate State agency (except in emergencies), in which,
and establish periods during which, for reasons of public
safety, administration, or compliance with applicable laws,
no hunting, fishing, or trapping will be permitted in the
wilderness areas designated by this title.
(f) Cooperative Agreement.--No later than one year after
the date of enactment of this Act, the Secretary shall enter
into a cooperative agreement with the State of Nevada. The
cooperative agreement shall specify the terms and conditions
under which the State (including a designee of the State) may
use wildlife management activities in the wilderness areas
designated by this title.
SEC. 209. WILDFIRE MANAGEMENT.
Consistent with section 4 of the Wilderness Act (16 U.S.C.
1133), nothing in this title precludes a Federal, State, or
local agency from conducting wildfire management operations
(including operations using aircraft or mechanized equipment)
to manage wildfires in the wilderness areas designated by
this title.
SEC. 210. CLIMATOLOGICAL DATA COLLECTION.
Subject to such terms and conditions as the Secretary may
prescribe, nothing in this title precludes the installation
and maintenance of hydrologic, meteorologic, or
climatological collection devices in the wilderness areas
designated by this title if the facilities and access to the
facilities are essential to flood warning, flood control, and
water reservoir operation activities.
SEC. 211. NATIONAL PARK SERVICE LANDS.
To the extent any of the provisions of this title are in
conflict with laws, regulations, or management policies
applicable to the National Park Service for Lake Mead
National Recreation Area, those laws, regulations, or
policies shall control.
TITLE III--TRANSFERS OF ADMINISTRATIVE JURISDICTION
SEC. 301. TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE U.S.
FISH AND WILDLIFE SERVICE.
(a) In General.--Administrative jurisdiction over the land
described in subsection (b) is transferred from the Bureau of
Land Management to the United States Fish and Wildlife
Service for inclusion in the Desert National Wildlife Range.
(b) Description of Land.--The parcel of land referred to in
subsection (a) is the approximately 26,433 acres of land
administered by the Bureau of Land Management as generally
depicted on the map entitled ``Arrow Canyon'' and dated
October 1, 2002.
(c) Wilderness Release.--
(1) Congress finds that the parcel of land described in
subsection (b) has been adequately studied for wilderness
designation for the purposes of section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).
(2) The parcel of land described in subsection (b)--
(A) shall not be subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(B) shall be managed in accordance with
(i) the National Wildlife Refuge System Administration Act,
as amended by the National Wildlife Refuge System Improvement
Act of 1997 (16 U.S. C. 668dd-668ee); and
(ii) existing cooperative conservation agreements.
SEC. 302. TRANSFER OF ADMINISTRATIVE JURISDICTION TO NATIONAL
PARK SERVICE.
(a) In General.--Administrative jurisdiction over the
parcel of land described in subsection (b) is transferred
from the Bureau of Land Management to the National Park
Service for inclusion in the Lake Mead National Recreation
Area.
(b) Description of Land.--The parcel of land referred to in
subsection (a) is the approximately 10 acres of Bureau of
Land Management land, as depicted on the map entitled
``Eldorado/Spirit Mountain'' and dated October 1, 2002.
(c) Use of Land.--The parcel of land described in
subsection (b) shall be used by the National Park Service for
administrative facilities.
TITLE IV--AMENDMENTS TO THE SOUTHERN NEVADA PUBLIC LAND MANAGEMENT ACT
SEC. 401. DISPOSAL AND EXCHANGE.
(a) In General.--Section 4 of the Southern Nevada Public
Land Management Act of 1998 (112 Stat. 2344) is amended--
(1) in the first sentence of subsection (a), by striking
``entitled Las Vegas Valley, Nevada, Land Disposal Map, dated
April 10, 1997'' and inserting ``entitled Southern Nevada
Public Land Management Act, dated October 1, 2002''; and
(2) in subsection (e)(3)(A)--
(A) in clause (iv)--
(i) by inserting ``or regional governmental'' entity after
``local government''; and
(ii) by striking ``and'' at the end;
(B) by redesignating clause (v) as clause (vi); and
(C) by inserting after clause (iv) the following:
``(v) up to 10 percent of amounts available, to be used for
conservation initiatives on Federal land in Clark County,
Nevada, administered by the Department of the Interior or the
Department of Agriculture; and''.
(b) Effective Date.--The amendments made by subsection (a)
take effect on January 31, 2003.
(c) Withdrawal.--Subject to valid existing rights, the land
designated for disposal in this section is withdrawn from
entry and appropriation under the public land laws, location
and entry, under the mining laws, and from operation under
the mineral leasing and geothermal leasing laws until such
times as the Secretary terminates the withdrawal or the lands
are patented.
TITLE V--IVANPAH CORRIDOR
SEC. 501. INTERSTATE ROUTE 15 SOUTH CORRIDOR.
(a) Management of Interstate Route 15 Corridor Land.--
(1) In general.--The Secretary shall manage the land
located along the Interstate Route 15 corridor south of the
Las Vegas Valley to the border between the States of
California and Nevada, generally depicted as Interstate 15
South Corridor on the map entitled ``Clark County
Conservation of Public Land and Natural Resources Act of
2002'' and dated October 1, 2002, in accordance with the
Southern Nevada Public Land Management Act of 1998 (112 Stat.
2343) and this section.
(2) Availability of map.--The map described in paragraph
(1) shall be on file and available for public inspection in
the appropriate offices of the Bureau of Land Management.
(3) Multiple use management.--Subject to any land
management designations under the 1998 Las Vegas District
Resource Management Plan or the Clark County Multi-Species
Conservation Plan, land depicted on the map described in
paragraph (1) shall be managed for multiple use purposes.
(4) Termination of administrative withdrawal.--The
administrative withdrawal of the land identified as the
Interstate 15 South Corridor on the map entitled ``Clark
County Conservation of Public Land and Natural Resources Act
of 2002'' and dated October 1, 2002, from mineral entry dated
July 23, 1997, and as amended March 9, 1998, as further
amended July 2, 2002, is terminated.
(5) Withdrawal of land.--Subject to valid existing rights,
the corridor described in subsection (b) and the land
described in subsection (c)(1) are withdrawn from location
and entry under the mining laws, and from operation under the
mineral leasing and geothermal leasing laws, until such time
as--
(A) the Secretary terminates the withdrawal; or
(B) the corridor or land, respectively, is patented.
(b) Transportation and Utilities Corridor.--Notwithstanding
sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary,
in consultation with the City of Henderson and the County,
and in accordance with this section and other applicable laws
and subject to valid existing rights, shall establish a
2,640-foot-wide corridor between the Las Vegas valley and the
proposed Ivanpah Airport for the placement, on a nonexclusive
basis, of utilities and transportation.
(c) Ivanpah Airport Environs Overlay District Land
Transfer.--
(1) In general.--Subject to paragraph (2) and valid
existing rights, on request by the County, the Secretary
shall transfer to the County, without consideration, all
right, title, and interest of the United States in and to the
land identified as Ivanpah Airport noise compatibility area
on the map entitled ``Clark County Conservation of Public
Land and Natural Resources Act of 2002'' and dated October 1,
2002.
[[Page H7982]]
(2) Conditions for transfer.--As a condition of the
transfer under paragraph (1), the County shall agree--
(A) to manage the transferred land in accordance with
section 47504 of title 49, United States Code (including
regulations promulgated under that section); and
(B) that if any portion of the transferred land is sold,
leased, or otherwise conveyed or leased by the County--
(i) the sale, lease, or other conveyance shall be--
(I) subject to a limitation that requires that any use of
the transferred land be consistent with the Agreement and
section 47504 of title 49, United States Code (including
regulations promulgated under that section); and
(II) for fair market value; and
(ii) of any gross proceeds received by the County from the
sale, lease, or other conveyance of the land, the County
shall--
(I) contribute 85 percent to the special account
established by section 4(e)(1)(C) of the Southern Nevada
Public Land Management Act of 1998 (112 Stat. 2345);
(II) contribute 5 percent to the State for use in the
general education program of the State; and
(III) reserve 10 percent for use by the Clark County
Department of Aviation for airport development and noise
compatibility programs.
(d) Effective Date.--Subsections (b) and (c) shall not take
effect until construction of the Ivanpah Valley Airport is
approved in accordance with Public Law 106-362.
SEC. 502. AREA OF CRITICAL ENVIRONMENTAL CONCERN SEGREGATION.
(a) Temporary Withdrawal.--Subject to valid existing
rights, any Federal land in an Area of Critical Environmental
Concern that is designated for withdrawal under the 1998 Las
Vegas Resource Management Plan, and which is not already
withdrawn by the effect of this or any other Act, is hereby
withdrawn from location, entry, and patent under the mining
laws for a period not to exceed five years. The withdrawal
shall lapse at the earlier--
(1) five years; or
(2) when the Secretary issues a final decision on each
proposed withdrawal.
(b) Administrative Withdrawal.--The Secretary shall make
final decisions on each of the temporary withdrawals
described in subsection (a) within five years of the date of
enactment of this Act. Such decisions shall be made
consistent with the Federal Land Policy and Management Act
(43 U.S.C. 1714), and in accordance with the 1998 Las Vegas
Resource Management Plan.
(c) Mineral Report.--The mineral reports required by
section 204(c)(12) of the Federal Land Policy and Management
Act shall be the responsibility of the U.S. Geological Survey
and shall be completed for each of the temporary withdrawals
described in subsection (a) within four years of the date of
enactment of this Act.
TITLE VI--SLOAN CANYON NATIONAL CONSERVATION AREA
SEC. 601. SHORT TITLE.
This title may be cited as the ``Sloan Canyon National
Conservation Area Act''.
SEC. 602. PURPOSE.
The purpose of this title is to establish the Sloan Canyon
National Conservation Area to conserve, protect, and enhance
for the benefit and enjoyment of present and future
generations the cultural, archaeological, natural,
wilderness, scientific, geological, historical, biological,
wildlife, educational, and scenic resources of the
Conservation Area.
SEC. 603. DEFINITIONS.
In this title:
(1) Conservation area.--The term ``Conservation Area''
means the Sloan Canyon National Conservation Area established
by section 604(a).
(2) Federal parcel.--The term ``Federal parcel'' means the
parcel of Federal land consisting of approximately 500 acres
that is identified as Tract A on the map entitled ``Southern
Nevada Public Land Management Act'' and dated October 1,
2002.
(3) Management plan.--The term ``management plan'' means
the management plan for the Conservation Area developed under
section 605(b).
(4) Map.--The term ``map'' means the map entitled
``Southern Nevada Public Land Management Act'' and dated
October 1, 2002.
SEC. 604. ESTABLISHMENT.
(a) In General.--For the purpose described in section 602,
there is established in the State a conservation area to be
known as the Sloan Canyon National Conservation Area.
(b) Area Included.--The Conservation Area shall consist of
approximately 48,438 acres of public land in the County, as
generally depicted on the map.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to Congress
a map and legal description of the Conservation Area.
(2) Effect.--The map and legal description shall have the
same force and effect as if included in this section, except
that the Secretary may correct minor errors in the map or
legal description.
(3) Public availability.--A copy of the map and legal
description shall be on file and available for public
inspection in the appropriate office of the Bureau of Land
Management
SEC. 605. MANAGEMENT.
(a) In General.--The Secretary, acting through the Director
of the Bureau of Land Management, shall manage the
Conservation Area--
(1) in a manner that conserves, protects, and enhances the
resources of the Conservation Area; and
(2) in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(B) other applicable law, including this Act.
(b) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with
the State, the city of Henderson, the County, and any other
interested persons, shall develop a management plan for the
Conservation Area.
(2) Requirements.--The management plan shall--
(A) describe the appropriate uses and management of the
Conservation Area;
(B)(i) authorize the use of motorized vehicles in the
Conservation Area--
(I) for installing, repairing, maintaining, and
reconstructing water development projects, including
guzzlers, that would enhance the Conservation Area by
promoting healthy, viable, and more naturally distributed
wildlife populations; and
(II) subject to any limitations that are not more
restrictive than the limitations on such uses authorized in
wilderness areas under section 208; and
(ii) include or provide recommendations on ways of
minimizing the visual impacts of such activities on the
Conservation Area;
(C) include a plan for litter cleanup and public lands
awareness campaign on public lands in and around the
Conservation Area; and
(D) include a recommendation on the location for a right-
of-way for a rural roadway to provide the city of Henderson
with access to the Conservation Area, in accordance with the
application numbered N-65874.
(c) Uses.--The Secretary shall allow only such uses of the
Conservation Area that the Secretary determines will further
the purpose described in section 602.
(d) Motorized Vehicles.--Except as needed for
administrative purposes or to respond to an emergency, the
use of motorized vehicles in the Conservation Area shall be
permitted only on roads and trails designated for the use of
motorized vehicles by the management plan developed under
subsection (b).
(e) Withdrawal.--
(1) In general.--Subject to valid existing rights, all
public land in the Conservation Area is withdrawn from--
(A) all forms of entry and appropriation under the public
land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(2) Additional land.--Notwithstanding any other provision
of law, if the Secretary acquires mineral or other interests
in a parcel of land within the Conservation Area after the
date of enactment of this Act, the parcel is withdrawn from
operation of the laws referred to in paragraph (1) on the
date of acquisition of the land.
(f) Hunting, Fishing, and Trapping.--
(1) In general.--Nothing in this title affects the
jurisdiction of the State with respect to fish and wildlife,
including hunting, fishing, and trapping in the Conservation
Area.
(2) Limitations.--
(A) Regulations.--The Secretary may designate by regulation
areas in which, and establish periods during which, for
reasons of public safety, administration, or compliance with
applicable laws, no hunting, fishing, or trapping will be
permitted in the Conservation Area.
(B) Consultation.--Except in emergencies, the Secretary
shall consult with the appropriate State agency before
promulgating regulations under subparagraph (A) that close a
portion of the Conservation Area to hunting, fishing, or
trapping.
(g) No Buffer Zones.--
(1) In general.--The establishment of the Conservation Area
shall not create an express or implied protective perimeter
or buffer zone around the Conservation Area.
(2) Private land.--If the use of, or conduct of an activity
on, private land that shares a boundary with the Conservation
Area is consistent with applicable law, nothing in this title
concerning the establishment of the Conservation Area shall
prohibit or limit the use or conduct of the activity.
SEC. 606. SALE OF FEDERAL PARCEL.
(a) In General.--Notwithstanding sections 202 and 203 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713) and subject to valid existing rights, not later
than 1 year after the date of enactment of this Act, the
Secretary shall convey to the highest qualified bidder all
right, title, and interest of the United States in and to the
Federal parcel.
(b) Disposition of Proceeds.--Of the gross proceeds from
the conveyance of land under subsection (a)--
(1) 5 percent shall be available to the State for use in
the general education program of the State; and
(2) the remainder shall be deposited in the special account
established under the Southern Nevada Public Lands Management
Act of 1998 (Public Law 105-263; 112 Stat. 2345), to be
available to the Secretary, without further appropriation
for--
(A) the construction and operation of facilities to support
the management of the Conservation Area;
[[Page H7983]]
(B) the construction and repair of trails and roads in the
Conservation Area authorized under the management plan;
(C) research on and interpretation of the archaeological
and geological resources of the Conservation Area;
(D) conservation and research relating to the Conservation
Area; and
(E) any other purpose that the Secretary determines to be
consistent with the purpose described in section 602.
SEC. 607. RIGHT-OF-WAY.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall convey to the City of Henderson the
public right-of-way requested for public trail purposes under
the application numbered N-76312 and the public right-of-way
requested for public trail purposes under the application
numbered N-65874.
TITLE VII--PUBLIC INTEREST CONVEYANCES
SEC. 701. DEFINITION OF MAP.
In this title, the term ``map'' means the map entitled
``Southern Nevada Public Land Management Act'' and dated
October 1, 2002.
SEC. 702. CONVEYANCE TO THE UNIVERSITY OF NEVADA AT LAS VEGAS
RESEARCH FOUNDATION.
(a) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) the University of Nevada, Las Vegas, needs land in the
greater Las Vegas area to provide for the future growth of
the university;
(B) the proposal by the University of Nevada, Las Vegas,
for construction of a research park and technology center in
the greater Las Vegas area would enhance the high tech
industry and entrepreneurship in the State; and
(C) the land transferred to the Clark County Department of
Aviation under section 4(g) of the Southern Nevada Public
Land Management Act of 1998 (112 Stat. 2346) is the best
location for the research park and technology center.
(2) Purposes.--The purposes of this section are--
(A) to provide a suitable location for the construction of
a research park and technology center in the greater Las
Vegas area;
(B) to provide the public with opportunities for education
and research in the field of high technology; and
(C) to provide the State with opportunities for competition
and economic development in the field of high technology.
(b) Technology Research Center.--
(1) Conveyance.--Notwithstanding section 4(g)(4) of the
Southern Nevada Public Land Management Act of 1998 (112 Stat.
2347), the Clark County Department of Aviation may convey,
without consideration, all right, title, and interest in and
to the parcel of land described in paragraph (3) to the
University of Nevada at Las Vegas Research Foundation
(referred to in this section as ``Foundation'') for the
development of a technology research center.
(2) Condition.--The conveyance under paragraph (1) shall be
subject to the condition that the Foundation enter into an
agreement that if the land described in paragraph (3) is
sold, leased, or otherwise conveyed by the Foundation.
(A) the Foundation shall sell, lease, or otherwise convey
the land for fair market value;
(B) the Foundation shall contribute 85 percent of the gross
proceeds from the sale, lease, or conveyance of the land to
the special account;
(C) with respect to land identified on the map entitled
``Las Vegas Valley, Nevada, Land Sales Map'', numbered 7306A,
and dated May 1980, the proceeds from the sale, lease, or
conveyance of the land identified on the map contributed to
the special account by the Foundation under subparagraph (B)
shall be used by the Secretary of Agriculture to acquire
environmentally sensitive land in the Lake Tahoe Basin under
section 3 of Public Law 96-586 (94 Stat. 3383);
(D) the Foundation shall contribute 5 percent of the gross
proceeds from the sale, lease, or conveyance of the land to
the State of Nevada for use in the general education program
of the State; and
(E) the remainder of the gross proceeds from the sale,
lease, or conveyance of the land shall be available for use
by the Foundation.
(3) Description of land.--The parcel of land referred to in
paragraph (1) is the parcel of Clark County Department of
Aviation land--
(A) consisting of approximately 115 acres; and
(B) located in the SAW\1/4\ of section 33, T. 21 S., R. 60
E., Mount Diablo Base and Meridian.
SEC. 703. CONVEYANCE TO THE LAS VEGAS METROPOLITAN POLICE
DEPARTMENT.
The Secretary shall convey to the Las Vegas Metropolitan
Police Department, without consideration, all right, title,
and interest in and to the parcel of land identified as
``Tract F'' on the map for use as a shooting range.
SEC. 704. CONVEYANCE TO THE CITY OF HENDERSON FOR THE NEVADA
STATE COLLEGE AT HENDERSON.
(a) Definitions.--In this section:
(1) Chancellor.--The term ``Chancellor'' means the
Chancellor of the University system.
(2) City.--The term ``City'' means the city of Henderson,
Nevada.
(3) College.--The term ``College'' means the Nevada State
College at Henderson.
(4) Survey.--The term ``survey means'' the land survey
required under Federal law to define the official metes and
bounds of the parcel of Federal land identified as Tract H on
the map.
(5) University system.--The term ``University system''
means the University and Community College System of Nevada.
(b) Conveyance.--
(1) In general.--Notwithstanding the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.) and
section 1(c) of the Act of June 14, 1926 (commonly known as
the ``Recreation and Public Purposes Act'' ) (43 U.S.C.
869(c)), not later than 180 days after the date on which the
survey is approved, the Secretary shall convey to the City,
without consideration, all right, title, and interest of the
United States in and to the parcel of Federal land identified
as ``Tract H'' on the map for use as a campus for the
College.
(2) Conditions.--
(A) In general.--As a condition of the conveyance under
paragraph (1), the Chancellor and the City shall agree in
writing--
(i) to pay any administrative costs associated with the
conveyance, including the costs of any environmental,
wildlife, cultural, or historical resources studies;
(ii) to use the Federal land conveyed for educational and
recreational purposes;
(iii) to release and indemnify the United States from any
claims or ----liabilities which may arise from uses that are
carried out on the Federal land on or before the date of
enactment of this Act by the United States or any person;
(iv) as soon as practicable after the date of the
conveyance under paragraph (1), to erect at the College an
appropriate and centrally located monument that acknowledges
the conveyance of the Federal land by the United States for
the purpose of furthering the higher education of citizens in
the State; and
(v) to assist the Bureau of Land Management in providing
information to the students of the College and the citizens
of the State on--
(I) public land in the State; and
(II) the role of the Bureau of Land Management in managing,
preserving, and protecting the public land.
(B) Valid existing rights.--The conveyance under paragraph
(1) shall be subject to all valid existing rights.
(3) Use of federal land.--
(A) In general.--The College and the City may use the land
conveyed under paragraph (1) for--
(i) any purpose relating to the establishment, operation,
growth, and maintenance of the College; and
(ii) any uses relating to such purposes, including
residential and commercial development that would generally
be associated with an institution of higher education.
(B) Other entities.--The College and the City may--
(i) consistent with Federal and State law, lease or
otherwise provide property or space at the College, with or
without consideration, to religious, public interest,
community, or other groups for services and events that are
of interest to the College, the City, or any community
located in the Las Vegas Valley;
(ii) allow the City or any other community in the Las Vegas
Valley to use facilities of the College for educational and
recreational programs of the City or community; and
(iii) in conjunction with the City, plan, finance,
(including the provision of cost-share assistance),
construct, and operate facilities for the City on the Federal
land conveyed for educational or recreational purposes
consistent with this section.
(4) Reversion.--If the Federal land or any portion of the
Federal land conveyed under paragraph (1) ceases to be used
for the College, the Federal land or any portion of the
Federal land shall, at the discretion of the Secretary,
revert to the United States.
SEC. 705. CONVEYANCE TO THE CITY OF LAS VEGAS, NEVADA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Las Vegas,
Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(b) Conveyance.--The Secretary shall convey to the City,
without consideration, all right, title, and interest of the
United States in and to the parcels of land identified as
``Tract C'' and ``Tract D'' on the map.
(c) Reversion.--If a parcel of land conveyed to the City
under subsection (b) ceases to be used for affordable housing
or for a purpose related to affordable housing, the parcel
shall, at the discretion of the Secretary, revert to the
United States.
SEC. 706. SALE OF FEDERAL PARCEL.
(a) In General.--Notwithstanding sections 202 and 203 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713) and subject to valid existing rights, the
Secretary shall convey as a single parcel to the highest
qualified bidder all right, title, and interest of the United
States in and to approximately 360 acres that is identified
as the North Half (N\1/2\) of Section 7, Township 23 South,
Range 61 East, M.D.B.&M., Clark County, Nevada and the
Northeast Quarter (NE\1/4\) of the Southeast Quarter (SE\1/
4\) of Section 7, Township 23 South, Range 61 East, M.D.M.,
Clark County, Nevada.
(b) Disposition of Proceeds.--The proceeds from the
conveyance of the lands described in subsection (a) shall be
deposited in
[[Page H7984]]
accordance with section 4(e)(1) of the Southern Nevada Public
Land Management Act of 1998 (112 Stat. 2345).
TITLE VIII--HUMBOLDT PROJECT CONVEYANCE
SEC. 801. SHORT TITLE.
This title may be cited as the ``Humboldt Project
Conveyance Act''.
SEC. 802. DEFINITIONS.
For purposes of this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Nevada.
(3) PCWCD.--The term ``PCWCD'' means the Pershing County
Water Conservation District, a public entity organized under
the laws of the State of Nevada.
(4) Pershing county.--The term ``Pershing County'' means
the Pershing County government, a political subunit of the
State of Nevada.
(5) Lander county.--The term ``Lander County'' means the
Lander County government, a political subunit of the State of
Nevada.
SEC. 803. AUTHORITY TO CONVEY TITLE.
(a) In General.--As soon as practicable after the date of
enactment of this Act and in accordance with all applicable
law, the Secretary shall convey all right, title, and
interest in and to the lands and features of the Humboldt
Project, as generally depicted on the map entitled the
``Humboldt Project Conveyance Act'', and dated July 3, 2002,
including all water rights for storage and diversion, to
PCWCD, the State, Pershing County, and Lander County,
consistent with the terms and conditions set forth in the
Memorandum of Agreement between PCWCD and Lander County dated
January 24, 2000, the Conceptual Agreement between PCWCD and
the State dated October 18, 2001, the Letter of Agreement
between Pershing County and the State dated April 16, 2002,
and any agreements between the Bureau of Reclamation and
PCWCD.
(b) Map.--As soon as practicable after the date of the
enactment of this Act, the Secretary shall submit to Congress
a map of the Humboldt Project Conveyance. In case of a
conflict between the map referred to in subsection (a) and
the map submitted by the Secretary, the map referred to in
subsection (b) shall control. The map shall have the same
force and effect as if included in this Act, except that the
Secretary may correct clerical and typographical errors in
such map and legal description. Copies of the map shall be on
file and available for public inspection in the Office of the
Commissioner of the Bureau of Reclamation and in the office
of the Area Manager of the Bureau of Reclamation in Carson
City, Nevada.
(c) Compliance With Agreements.--All parties to the
conveyance under subsection (a) shall comply with the terms
and conditions of the agreements cited in subsection (a).
(d) Report.--If the conveyance required by this section has
not been completed within 18 months after the date of
enactment of this Act, the Secretary shall submit a report to
the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the
Senate that describes--
(1) the status of the conveyance;
(2) any obstacles to completion of the conveyance; and
(3) the anticipated date for completion of the conveyance.
SEC. 804. PAYMENT.
(a) In General.--As consideration for any conveyance
required by section 803, PCWCD shall pay to the United States
the net present value of miscellaneous revenues associated
with the lands and facilities to be conveyed.
(b) Withdrawn Lands.--As consideration for any conveyance
of withdrawn lands required by section 803, the entity
receiving title shall pay the United States (in addition to
amounts paid under subsection (a)) the fair market value for
any such lands conveyed that were withdrawn from the public
domain pursuant to the Secretarial Orders dated March 16,
1934, and April 6, 1956.
(c) Administrative Costs.--Administrative costs for
conveyance of any land or facility under this title shall be
paid in equal shares by the Secretary and the entity
receiving title to the land or facility, except costs
identified in subsections (d) and (e).
(d) Real Estate Transfer Costs.--As a condition of any
conveyance of any land or facility required by section 803,
costs of all boundary surveys, title searches, cadastral
surveys, appraisals, maps, and other real estate transactions
required for the conveyance shall be paid by the entity
receiving title to the land or facility.
(e) NEPA Costs.--Costs associated with any review required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) for conveyance of any land or facility
under section 803 shall be paid in equal shares by the
Secretary and the entity receiving title to the land or
facility.
(f) State of Nevada.--The State shall not be responsible
for any payments under this section. Any proposal by the
State to reconvey to another entity land conveyed by the
Secretary under this title shall be pursuant to an agreement
with the Secretary providing for fair market value to the
United States for the lands, and for continued management of
the lands for recreation, wildlife habitat, wetlands, or
resource conservation.
SEC. 805. COMPLIANCE WITH OTHER LAWS.
Following the conveyance required by section 803, the
district, the State, Pershing County, and Lander County
shall, with respect to the interests conveyed, comply with
all requirements of Federal, State, and local law applicable
to non-Federal water distribution systems.
SEC. 806. REVOCATION OF WITHDRAWALS.
Effective on the date of the conveyance required by section
803, the Secretarial Orders dated March 16, 1934, and April
6, 1956, that withdrew public lands for the Rye Patch
Reservoir and the Humboldt Sink, are hereby revoked.
SEC. 807. LIABILITY.
Effective on the date of the conveyance required by section
803, the United States shall not be held liable by any court
for damages of any kind arising out of any act, omission, or
occurrence relating to the Humboldt Project, except for
damages caused by acts of negligence committed by the United
States or by its employees or agents prior to the date of
conveyance. Nothing in this section shall be considered to
increase the liability of the United States beyond that
currently provided in chapter 171 of title 28, United States
Code, popularly known as the ``Federal Tort Claims Act''.
SEC. 808. NATIONAL ENVIRONMENTAL POLICY ACT.
Prior to any conveyance under this title, the Secretary
shall complete all actions as may be required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), and all other applicable laws.
SEC. 809. FUTURE BENEFITS.
Upon conveyance of the lands and facilities by the
Secretary under this title, the Humboldt Project shall no
longer be a Federal reclamation project and the district
shall not be entitled to receive any future reclamation
benefits with respect to that project, except those benefits
that would be available to other nonreclamation districts.
TITLE IX--MISCELLANEOUS PROVISIONS
SEC. 901. TECHNICAL AMENDMENTS TO THE MESQUITE LANDS ACT
2001.
Section 3 of Public Law 99-548 (100 Stat. 3061; 110 Stat.
3009-202) is amended--
(1) in subsection (d), by adding at the end the following:
``(3) Use of proceeds.--The proceeds of the sale of each
parcel completed after the date of enactment of this
subsection shall be deposited in the special account
established under section 4(e)(1)(C) of the Southern Nevada
Public Land Management Act of 1998 (112 Stat. 2345); and
shall be available for use by the Secretary--
``(A) to reimburse costs incurred by the local offices of
the Bureau of Land Management in arranging the land
conveyances directed by this section;
``(B) for the development of a multispecies habitat
conservation plan for the Virgin River in Clark County,
Nevada, including any associated groundwater monitoring plan;
and
``(C) as provided in section 4(e)(3) of that Act (112 Stat.
2346).
``(4) Timing.--Not later than 90 days after the date of
enactment of this section, the Secretary shall complete the
sale of any parcel authorized to be conveyed pursuant to this
section and for which the Secretary has received notification
from the city under paragraph (1).''; and
(2) in subsection (f)(2)(B), by adding at the end the
following:
``(v) Sec. 7.''.
{time} 2015
Concurred in Senate Amendment
H.R. 3801, to provide for improvement of Federal education research,
statistics, evaluation, information, and dissemination, and for other
purposes.
Senate amendment:
Strike out all after the enacting clause and insert:
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--EDUCATION SCIENCES REFORM
Sec. 101. Short title.
Sec. 102. Definitions.
Part A--The Institute of Education Sciences
Sec. 111. Establishment.
Sec. 112. Functions.
Sec. 113. Delegation.
Sec. 114. Office of the Director.
Sec. 115. Priorities.
Sec. 116. National Board for Education Sciences.
Sec. 117. Commissioners of the National Education Centers.
Sec. 118. Agreements.
Sec. 119. Biennial report.
Sec. 120. Competitive awards.
Part B--National Center for Education Research
Sec. 131. Establishment.
Sec. 132. Commissioner for Education Research.
Sec. 133. Duties.
Sec. 134. Standards for conduct and evaluation of research.
Part C--National Center for Education Statistics
Sec. 151. Establishment.
Sec. 152. Commissioner for Education Statistics.
Sec. 153. Duties.
Sec. 154. Performance of duties.
Sec. 155. Reports.
[[Page H7985]]
Sec. 156. Dissemination.
Sec. 157. Cooperative education statistics systems.
Sec. 158. State defined.
Part D--National Center for Education Evaluation and Regional
Assistance
Sec. 171. Establishment.
Sec. 172. Commissioner for Education Evaluation and Regional
Assistance.
Sec. 173. Evaluations.
Sec. 174. Regional educational laboratories for research, development,
dissemination, and technical assistance.
Part E--General Provisions
Sec. 181. Interagency data sources and formats.
Sec. 182. Prohibitions.
Sec. 183. Confidentiality.
Sec. 184. Availability of data.
Sec. 185. Performance management.
Sec. 186. Authority to publish.
Sec. 187. Vacancies.
Sec. 188. Scientific or technical employees.
Sec. 189. Fellowships.
Sec. 190. Voluntary service.
Sec. 191. Rulemaking.
Sec. 192. Copyright.
Sec. 193. Removal.
Sec. 194. Authorization of appropriations.
TITLE II--EDUCATIONAL TECHNICAL ASSISTANCE
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Comprehensive centers.
Sec. 204. Evaluations.
Sec. 205. Existing technical assistance providers.
Sec. 206. Regional advisory committees.
Sec. 207. Priorities.
Sec. 208. Grant program for statewide, longitudinal data systems.
Sec. 209. Authorization of appropriations.
TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Authorization of appropriations.
TITLE IV--AMENDATORY PROVISIONS
Sec. 401. Redesignations.
Sec. 402. Amendments to Department of Education Organization Act.
Sec. 403. Repeals.
Sec. 404. Conforming and technical amendments.
Sec. 405. Orderly transition.
Sec. 406. Impact aid.
TITLE I--EDUCATION SCIENCES REFORM
SEC. 101. SHORT TITLE.
This title may be cited as the ``Education Sciences Reform
Act of 2002''.
SEC. 102. DEFINITIONS.
In this title:
(1) In general.--The terms ``elementary school'',
``secondary school'', ``local educational agency'', and
``State educational agency'' have the meanings given those
terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801) and the terms ``freely
associated states'' and ``outlying area'' have the meanings
given those terms in section 1121(c) of such Act (20 U.S.C.
6331(c)).
(2) Applied research.--The term ``applied research'' means
research--
(A) to gain knowledge or understanding necessary for
determining the means by which a recognized and specific need
may be met; and
(B) that is specifically directed to the advancement of
practice in the field of education.
(3) Basic research.--The term ``basic research'' means
research--
(A) to gain fundamental knowledge or understanding of
phenomena and observable facts, without specific application
toward processes or products; and
(B) for the advancement of knowledge in the field of
education.
(4) Board.--The term ``Board'' means the National Board for
Education Sciences established under section 116.
(5) Bureau.--The term ``Bureau'' means the Bureau of Indian
Affairs.
(6) Comprehensive center.--The term ``comprehensive
center'' means an entity established under section 203 of the
Educational Technical Assistance Act of 2002.
(7) Department.--The term ``Department'' means the
Department of Education.
(8) Development.--The term ``development'' means the
systematic use of knowledge or understanding gained from the
findings of scientifically valid research and the shaping of
that knowledge or understanding into products or processes
that can be applied and evaluated and may prove useful in
areas such as the preparation of materials and new methods of
instruction and practices in teaching, that lead to the
improvement of the academic skills of students, and that are
replicable in different educational settings.
(9) Director.--The term ``Director'' means the Director of
the Institute of Education Sciences.
(10) Dissemination.--The term ``dissemination'' means the
communication and transfer of the results of scientifically
valid research, statistics, and evaluations, in forms that
are understandable, easily accessible, and usable, or
adaptable for use in, the improvement of educational practice
by teachers, administrators, librarians, other practitioners,
researchers, parents, policymakers, and the public, through
technical assistance, publications, electronic transfer, and
other means.
(11) Early childhood educator.--The term ``early childhood
educator'' means a person providing, or employed by a
provider of, nonresidential child care services (including
center-based, family-based, and in-home child care services)
that is legally operating under State law, and that complies
with applicable State and local requirements for the
provision of child care services to children at any age from
birth through the age at which a child may start kindergarten
in that State.
(12) Field-initiated research.--The term ``field-initiated
research'' means basic research or applied research in which
specific questions and methods of study are generated by
investigators (including teachers and other practitioners)
and that conforms to standards of scientifically valid
research.
(13) Historically black college or university.--The term
``historically Black college or university'' means a part B
institution as defined in section 322 of the Higher Education
Act of 1965 (20 U.S.C. 1061).
(14) Institute.--The term ``Institute'' means the Institute
of Education Sciences established under section 111.
(15) Institution of higher education.--The term
``institution of higher education'' has the meaning given
that term in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)).
(16) National research and development center.--The term
``national research and development center'' means a research
and development center supported under section 133(c).
(17) Provider of early childhood services.--The term
``provider of early childhood services'' means a public or
private entity that serves young children, including--
(A) child care providers;
(B) Head Start agencies operating Head Start programs, and
entities carrying out Early Head Start programs, under the
Head Start Act (42 U.S.C. 9831 et seq.);
(C) preschools;
(D) kindergartens; and
(E) libraries.
(18) Scientifically based research standards.--(A) The term
``scientifically based research standards'' means research
standards that--
(i) apply rigorous, systematic, and objective methodology
to obtain reliable and valid knowledge relevant to education
activities and programs; and
(ii) present findings and make claims that are appropriate
to and supported by the methods that have been employed.
(B) The term includes, appropriate to the research being
conducted--
(i) employing systematic, empirical methods that draw on
observation or experiment;
(ii) involving data analyses that are adequate to support
the general findings;
(iii) relying on measurements or observational methods that
provide reliable data;
(iv) making claims of causal relationships only in random
assignment experiments or other designs (to the extent such
designs substantially eliminate plausible competing
explanations for the obtained results);
(v) ensuring that studies and methods are presented in
sufficient detail and clarity to allow for replication or, at
a minimum, to offer the opportunity to build systematically
on the findings of the research;
(vi) obtaining acceptance by a peer-reviewed journal or
approval by a panel of independent experts through a
comparably rigorous, objective, and scientific review; and
(vii) using research designs and methods appropriate to the
research question posed.
(19) Scientifically valid education evaluation.--The term
``scientifically valid education evaluation'' means an
evaluation that--
(A) adheres to the highest possible standards of quality
with respect to research design and statistical analysis;
(B) provides an adequate description of the programs
evaluated and, to the extent possible, examines the
relationship between program implementation and program
impacts;
(C) provides an analysis of the results achieved by the
program with respect to its projected effects;
(D) employs experimental designs using random assignment,
when feasible, and other research methodologies that allow
for the strongest possible causal inferences when random
assignment is not feasible; and
(E) may study program implementation through a combination
of scientifically valid and reliable methods.
(20) Scientifically valid research.--The term
``scientifically valid research'' includes applied research,
basic research, and field-initiated research in which the
rationale, design, and interpretation are soundly developed
in accordance with scientifically based research standards.
(21) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(22) State.--The term ``State'' includes (except as
provided in section 158) each of the 50 States, the District
of Columbia, the Commonwealth of Puerto Rico, the freely
associated states, and the outlying areas.
(23) Technical assistance.--The term ``technical
assistance'' means--
(A) assistance in identifying, selecting, or designing
solutions based on research, including professional
development and high-quality training to implement solutions
leading to--
(i) improved educational and other practices and classroom
instruction based on scientifically valid research; and
(ii) improved planning, design, and administration of
programs;
(B) assistance in interpreting, analyzing, and utilizing
statistics and evaluations; and
(C) other assistance necessary to encourage the improvement
of teaching and learning through the applications of
techniques supported by scientifically valid research.
PART A--THE INSTITUTE OF EDUCATION SCIENCES
SEC. 111. ESTABLISHMENT.
(a) Establishment.--There shall be in the Department the
Institute of Education Sciences,
[[Page H7986]]
to be administered by a Director (as described in section
114) and, to the extent set forth in section 116, a board of
directors.
(b) Mission.--
(1) In general.--The mission of the Institute is to provide
national leadership in expanding fundamental knowledge and
understanding of education from early childhood through
postsecondary study, in order to provide parents, educators,
students, researchers, policymakers, and the general public
with reliable information about--
(A) the condition and progress of education in the United
States, including early childhood education;
(B) educational practices that support learning and improve
academic achievement and access to educational opportunities
for all students; and
(C) the effectiveness of Federal and other education
programs.
(2) Carrying out mission.--In carrying out the mission
described in paragraph (1), the Institute shall compile
statistics, develop products, and conduct research,
evaluations, and wide dissemination activities in areas of
demonstrated national need (including in technology areas)
that are supported by Federal funds appropriated to the
Institute and ensure that such activities--
(A) conform to high standards of quality, integrity, and
accuracy; and
(B) are objective, secular, neutral, and nonideological and
are free of partisan political influence and racial,
cultural, gender, or regional bias.
(c) Organization.--The Institute shall consist of the
following:
(1) The Office of the Director (as described in section
114).
(2) The National Board for Education Sciences (as described
in section 116).
(3) The National Education Centers, which include--
(A) the National Center for Education Research (as
described in part B);
(B) the National Center for Education Statistics (as
described in part C); and
(C) the National Center for Education Evaluation and
Regional Assistance (as described in part D).
SEC. 112. FUNCTIONS.
From funds appropriated under section 194, the Institute,
directly or through grants, contracts, or cooperative
agreements, shall--
(1) conduct and support scientifically valid research
activities, including basic research and applied research,
statistics activities, scientifically valid education
evaluation, development, and wide dissemination;
(2) widely disseminate the findings and results of
scientifically valid research in education;
(3) promote the use, development, and application of
knowledge gained from scientifically valid research
activities;
(4) strengthen the national capacity to conduct, develop,
and widely disseminate scientifically valid research in
education;
(5) promote the coordination, development, and
dissemination of scientifically valid research in education
within the Department and the Federal Government; and
(6) promote the use and application of research and
development to improve practice in the classroom.
SEC. 113. DELEGATION.
(a) Delegation of Authority.--Notwithstanding section 412
of the Department of Education Organization Act (20 U.S.C.
3472), the Secretary shall delegate to the Director all
functions for carrying out this title (other than
administrative and support functions), except that--
(1) nothing in this title or in the National Assessment of
Educational Progress Authorization Act (except section
302(e)(1)(J) of such Act) shall be construed to alter or
diminish the role, responsibilities, or authority of the
National Assessment Governing Board with respect to the
National Assessment of Educational Progress (including with
respect to the methodologies of the National Assessment of
Educational Progress described in section 302(e)(1)(E)) from
those authorized by the National Education Statistics Act of
1994 (20 U.S.C. 9001 et seq.) on the day before the date of
enactment of this Act;
(2) members of the National Assessment Governing Board
shall continue to be appointed by the Secretary;
(3) section 302(f)(1) of the National Assessment of
Educational Progress Authorization Act shall apply to the
National Assessment Governing Board in the exercise of its
responsibilities under this Act;
(4) sections 115 and 116 shall not apply to the National
Assessment of Educational Progress; and
(5) sections 115 and 116 shall not apply to the National
Assessment Governing Board.
(b) Other Activities.--The Secretary may assign the
Institute responsibility for administering other activities,
if those activities are consistent with--
(1) the Institute's priorities, as approved by the National
Board for Education Sciences under section 116, and the
Institute's mission, as described in section 111(b); or
(2) the Institute's mission, but only if those activities
do not divert the Institute from its priorities.
SEC. 114. OFFICE OF THE DIRECTOR.
(a) Appointment.--Except as provided in subsection (b)(2),
the President, by and with the advice and consent of the
Senate, shall appoint the Director of the Institute.
(b) Term.--
(1) In general.--The Director shall serve for a term of 6
years, beginning on the date of appointment of the Director.
(2) First director.--The President, without the advice and
consent of the Senate, may appoint the Assistant Secretary
for the Office of Educational Research and Improvement (as
such office existed on the day before the date of enactment
of this Act) to serve as the first Director of the Institute.
(3) Subsequent directors.--The Board may make
recommendations to the President with respect to the
appointment of a Director under subsection (a), other than a
Director appointed under paragraph (2).
(c) Pay.--The Director shall receive the rate of basic pay
for level II of the Executive Schedule.
(d) Qualifications.--The Director shall be selected from
individuals who are highly qualified authorities in the
fields of scientifically valid research, statistics, or
evaluation in education, as well as management within such
areas, and have a demonstrated capacity for sustained
productivity and leadership in these areas.
(e) Administration.--The Director shall--
(1) administer, oversee, and coordinate the activities
carried out under the Institute, including the activities of
the National Education Centers; and
(2) coordinate and approve budgets and operating plans for
each of the National Education Centers for submission to the
Secretary.
(f) Duties.--The duties of the Director shall include the
following:
(1) To propose to the Board priorities for the Institute,
in accordance with section 115(a).
(2) To ensure the methodology applied in conducting
research, development, evaluation, and statistical analysis
is consistent with the standards for such activities under
this title.
(3) To coordinate education research and related activities
carried out by the Institute with such research and
activities carried out by other agencies within the
Department and the Federal Government.
(4) To advise the Secretary on research, evaluation, and
statistics activities relevant to the activities of the
Department.
(5) To establish necessary procedures for technical and
scientific peer review of the activities of the Institute,
consistent with section 116(b)(3).
(6) To ensure that all participants in research conducted
or supported by the Institute are afforded their privacy
rights and other relevant protections as research subjects,
in accordance with section 183 of this title, section 552a of
title 5, United States Code, and sections 444 and 445 of the
General Education Provisions Act (20 U.S.C. 1232g, 1232h).
(7) To ensure that activities conducted or supported by the
Institute are objective, secular, neutral, and nonideological
and are free of partisan political influence and racial,
cultural, gender, or regional bias.
(8) To undertake initiatives and programs to increase the
participation of researchers and institutions that have been
historically underutilized in Federal education research
activities of the Institute, including historically Black
colleges or universities or other institutions of higher
education with large numbers of minority students.
(9) To coordinate with the Secretary to promote and provide
for the coordination of research and development activities
and technical assistance activities between the Institute and
comprehensive centers.
(10) To solicit and consider the recommendations of
education stakeholders, in order to ensure that there is
broad and regular public and professional input from the
educational field in the planning and carrying out of the
Institute's activities.
(11) To coordinate the wide dissemination of information on
scientifically valid research.
(12) To carry out and support other activities consistent
with the priorities and mission of the Institute.
(g) Expert Guidance and Assistance.--The Director may
establish technical and scientific peer-review groups and
scientific program advisory committees for research and
evaluations that the Director determines are necessary to
carry out the requirements of this title. The Director shall
appoint such personnel, except that officers and employees of
the United States shall comprise no more than \1/4\ of the
members of any such group or committee and shall not receive
additional compensation for their service as members of such
a group or committee. The Director shall ensure that
reviewers are highly qualified and capable to appraise
education research and development projects. The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to a
peer-review group or an advisory committee established under
this subsection.
(h) Review.--The Director may, when requested by other
officers of the Department, and shall, when directed by the
Secretary, review the products and publications of other
offices of the Department to certify that evidence-based
claims about those products and publications are
scientifically valid.
SEC. 115. PRIORITIES.
(a) Proposal.--The Director shall propose to the Board
priorities for the Institute (taking into consideration long-
term research and development on core issues conducted
through the national research and development centers). The
Director shall identify topics that may require long-term
research and topics that are focused on understanding and
solving particular education problems and issues, including
those associated with the goals and requirements established
in the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) and the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.), such as--
(1) closing the achievement gap between high-performing and
low-performing children, especially achievement gaps between
minority and nonminority children and between disadvantaged
children and such children's more advantaged peers; and
[[Page H7987]]
(2) ensuring--
(A) that all children have the ability to obtain a high-
quality education (from early childhood through postsecondary
education) and reach, at a minimum, proficiency on
challenging State academic achievement standards and State
academic assessments, particularly in mathematics, science,
and reading or language arts;
(B) access to, and opportunities for, postsecondary
education; and
(C) the efficacy, impact on academic achievement, and cost-
effectiveness of technology use within the Nation's schools.
(b) Approval.--The Board shall approve or disapprove the
priorities for the Institute proposed by the Director,
including any necessary revision of those priorities. The
Board shall transmit any priorities so approved to the
appropriate congressional committees.
(c) Consistency.--The Board shall ensure that priorities of
the Institute and the National Education Centers are
consistent with the mission of the Institute.
(d) Public Availability and Comment.--
(1) Priorities.--Before submitting to the Board proposed
priorities for the Institute, the Director shall make such
priorities available to the public for comment for not less
than 60 days (including by means of the Internet and through
publishing such priorities in the Federal Register). The
Director shall provide to the Board a copy of each such
comment submitted.
(2) Plan.--Upon approval of such priorities, the Director
shall make the Institute's plan for addressing such
priorities available for public comment in the same manner as
under paragraph (1).
SEC. 116. NATIONAL BOARD FOR EDUCATION SCIENCES.
(a) Establishment.--The Institute shall have a board of
directors, which shall be known as the National Board for
Education Sciences.
(b) Duties.--The duties of the Board shall be the
following:
(1) To advise and consult with the Director on the policies
of the Institute.
(2) To consider and approve priorities proposed by the
Director under section 115 to guide the work of the
Institute.
(3) To review and approve procedures for technical and
scientific peer review of the activities of the Institute.
(4) To advise the Director on the establishment of
activities to be supported by the Institute, including the
general areas of research to be carried out by the National
Center for Education Research.
(5) To present to the Director such recommendations as it
may find appropriate for--
(A) the strengthening of education research; and
(B) the funding of the Institute.
(6) To advise the Director on the funding of applications
for grants, contracts, and cooperative agreements for
research, after the completion of peer review.
(7) To review and regularly evaluate the work of the
Institute, to ensure that scientifically valid research,
development, evaluation, and statistical analysis are
consistent with the standards for such activities under this
title.
(8) To advise the Director on ensuring that activities
conducted or supported by the Institute are objective,
secular, neutral, and nonideological and are free of partisan
political influence and racial, cultural, gender, or regional
bias.
(9) To solicit advice and information from those in the
educational field, particularly practitioners and
researchers, to recommend to the Director topics that require
long-term, sustained, systematic, programmatic, and
integrated research efforts, including knowledge utilization
and wide dissemination of research, consistent with the
priorities and mission of the Institute.
(10) To advise the Director on opportunities for the
participation in, and the advancement of, women, minorities,
and persons with disabilities in education research,
statistics, and evaluation activities of the Institute.
(11) To recommend to the Director ways to enhance strategic
partnerships and collaborative efforts among other Federal
and State research agencies.
(12) To recommend to the Director individuals to serve as
Commissioners of the National Education Centers.
(c) Composition.--
(1) Voting members.--The Board shall have 15 voting members
appointed by the President, by and with the advice and
consent of the Senate.
(2) Advice.--The President shall solicit advice regarding
individuals to serve on the Board from the National Academy
of Sciences, the National Science Board, and the National
Science Advisor.
(3) Nonvoting ex officio members.--The Board shall have the
following nonvoting ex officio members:
(A) The Director of the Institute of Education Sciences.
(B) Each of the Commissioners of the National Education
Centers.
(C) The Director of the National Institute of Child Health
and Human Development.
(D) The Director of the Census.
(E) The Commissioner of Labor Statistics.
(F) The Director of the National Science Foundation.
(4) Appointed membership.--
(A) Qualifications.--Members appointed under paragraph (1)
shall be highly qualified to appraise education research,
statistics, evaluations, or development, and shall include
the following individuals:
(i) Not fewer than 8 researchers in the field of
statistics, evaluation, social sciences, or physical and
biological sciences, which may include those researchers
recommended by the National Academy of Sciences.
(ii) Individuals who are knowledgeable about the
educational needs of the United States, who may include
school-based professional educators, parents (including
parents with experience in promoting parental involvement in
education), Chief State School Officers, State postsecondary
education executives, presidents of institutions of higher
education, local educational agency superintendents, early
childhood experts, principals, members of State or local
boards of education or Bureau-funded school boards, and
individuals from business and industry with experience in
promoting private sector involvement in education.
(B) Terms.--Each member appointed under paragraph (1) shall
serve for a term of 4 years, except that--
(i) the terms of the initial members appointed under such
paragraph shall (as determined by a random selection process
at the time of appointment) be for staggered terms of--
(I) 4 years for each of 5 members;
(II) 3 years for each of 5 members; and
(III) 2 years for each of 5 members; and
(ii) no member appointed under such paragraph shall serve
for more than 2 consecutive terms.
(C) Unexpired terms.--Any member appointed to fill a
vacancy occurring before the expiration of the term for which
the member's predecessor was appointed shall be appointed
only for the remainder of that term.
(D) Conflict of interest.--A voting member of the Board
shall be considered a special Government employee for the
purposes of the Ethics in Government Act of 1978.
(5) Chair.--The Board shall elect a chair from among the
members of the Board.
(6) Compensation.--Members of the Board shall serve without
pay for such service. Members of the Board who are officers
or employees of the United States may not receive additional
pay, allowances, or benefits by reason of their service on
the Board.
(7) Travel expenses.--The members of the Board shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with subchapter I of chapter 57 of
title 5, United States Code.
(8) Powers of the board.--
(A) Executive director.--The Board shall have an Executive
Director who shall be appointed by the Board.
(B) Additional staff.--The Board shall utilize such
additional staff as may be appointed or assigned by the
Director, in consultation with the Chair and the Executive
Director.
(C) Detail of personnel.--The Board may use the services
and facilities of any department or agency of the Federal
Government. Upon the request of the Board, the head of any
Federal department or agency may detail any of the personnel
of that department or agency to the Board to assist the Board
in carrying out this Act.
(D) Contracts.--The Board may enter into contracts or make
other arrangements as may be necessary to carry out its
functions.
(E) Information.--The Board may, to the extent otherwise
permitted by law, obtain directly from any executive
department or agency of the Federal Government such
information as the Board determines necessary to carry out
its functions.
(9) Meetings.--The Board shall meet not less than 3 times
each year. The Board shall hold additional meetings at the
call of the Chair or upon the written request of not less
than 6 voting members of the Board. Meetings of the Board
shall be open to the public.
(10) Quorum.--A majority of the voting members of the Board
serving at the time of the meeting shall constitute a quorum.
(d) Standing Committees.--
(1) Establishment.--The Board may establish standing
committees--
(A) that will each serve 1 of the National Education
Centers; and
(B) to advise, consult with, and make recommendations to
the Director and the Commissioner of the appropriate National
Education Center.
(2) Membership.--A majority of the members of each standing
committee shall be voting members of the Board whose
expertise is needed for the functioning of the committee. In
addition, the membership of each standing committee may
include, as appropriate--
(A) experts and scientists in research, statistics,
evaluation, or development who are recognized in their
discipline as highly qualified to represent such discipline
and who are not members of the Board, but who may have been
recommended by the Commissioner of the appropriate National
Education Center and approved by the Board;
(B) ex officio members of the Board; and
(C) policymakers and expert practitioners with knowledge
of, and experience using, the results of research,
evaluation, and statistics who are not members of the Board,
but who may have been recommended by the Commissioner of the
appropriate National Education Center and approved by the
Board.
(3) Duties.--Each standing committee shall--
(A) review and comment, at the discretion of the Board or
the standing committee, on any grant, contract, or
cooperative agreement entered into (or proposed to be entered
into) by the applicable National Education Center;
(B) prepare for, and submit to, the Board an annual
evaluation of the operations of the applicable National
Education Center;
(C) review and comment on the relevant plan for activities
to be undertaken by the applicable National Education Center
for each fiscal year; and
(D) report periodically to the Board regarding the
activities of the committee and the applicable National
Education Center.
(e) Annual Report.--The Board shall submit to the Director,
the Secretary, and the appropriate congressional committees,
not later than July 1 of each year, a report that assesses
the
[[Page H7988]]
effectiveness of the Institute in carrying out its priorities
and mission, especially as such priorities and mission relate
to carrying out scientifically valid research, conducting
unbiased evaluations, collecting and reporting accurate
education statistics, and translating research into practice.
(f) Recommendations.--The Board shall submit to the
Director, the Secretary, and the appropriate congressional
committees a report that includes any recommendations
regarding any actions that may be taken to enhance the
ability of the Institute to carry out its priorities and
mission. The Board shall submit an interim report not later
than 3 years after the date of enactment of this Act and a
final report not later than 5 years after such date of
enactment.
SEC. 117. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS.
(a) Appointment of Commissioners.--
(1) In general.--Except as provided in subsection (b), each
of the National Education Centers shall be headed by a
Commissioner appointed by the Director. In appointing
Commissioners, the Director shall seek to promote continuity
in leadership of the National Education Centers and shall
consider individuals recommended by the Board. The Director
may appoint a Commissioner to carry out the functions of a
National Education Center without regard to the provisions of
title 5, United States Code, 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.
(2) Pay and qualifications.--Except as provided in
subsection (b), each Commissioner shall--
(A) receive the rate of basic pay for level IV of the
Executive Schedule; and
(B) be highly qualified in the field of education research
or evaluation.
(3) Service.--Except as provided in subsection (b), each
Commissioner shall report to the Director. A Commissioner
shall serve for a period of not more than 6 years, except
that a Commissioner--
(A) may be reappointed by the Director; and
(B) may serve after the expiration of that Commissioner's
term, until a successor has been appointed, for a period not
to exceed 1 additional year.
(b) Appointment of Commissioner for Education Statistics.--
The National Center for Education Statistics shall be headed
by a Commissioner for Education Statistics who shall be
appointed by the President, by and with the advice and
consent of the Senate, and who shall--
(1) have substantial knowledge of programs assisted by the
National Center for Education Statistics;
(2) receive the rate of basic pay for level IV of the
Executive Schedule; and
(3) serve for a term of 6 years, with the term to expire
every sixth June 21, beginning in 2003.
(c) Coordination.--Each Commissioner of a National
Education Center shall coordinate with each of the other
Commissioners of the National Education Centers in carrying
out such Commissioner's duties under this title.
(d) Supervision and Approval.--Each Commissioner, except
the Commissioner for Education Statistics, shall carry out
such Commissioner's duties under this title under the
supervision and subject to the approval of the Director.
SEC. 118. AGREEMENTS.
The Institute may carry out research projects of common
interest with entities such as the National Science
Foundation and the National Institute of Child Health and
Human Development through agreements with such entities that
are in accordance with section 430 of the General Education
Provisions Act (20 U.S.C. 1231).
SEC. 119. BIENNIAL REPORT.
The Director shall, on a biennial basis, transmit to the
President, the Board, and the appropriate congressional
committees, and make widely available to the public
(including by means of the Internet), a report containing the
following:
(1) A description of the activities carried out by and
through the National Education Centers during the prior
fiscal years.
(2) A summary of each grant, contract, and cooperative
agreement in excess of $100,000 funded through the National
Education Centers during the prior fiscal years, including,
at a minimum, the amount, duration, recipient, purpose of the
award, and the relationship, if any, to the priorities and
mission of the Institute, which shall be available in a user-
friendly electronic database.
(3) A description of how the activities of the National
Education Centers are consistent with the principles of
scientifically valid research and the priorities and mission
of the Institute.
(4) Such additional comments, recommendations, and
materials as the Director considers appropriate.
SEC. 120. COMPETITIVE AWARDS.
Activities carried out under this Act through grants,
contracts, or cooperative agreements, at a minimum, shall be
awarded on a competitive basis and, when practicable, through
a process of peer review.
PART B--NATIONAL CENTER FOR EDUCATION RESEARCH
SEC. 131. ESTABLISHMENT.
(a) Establishment.--There is established in the Institute a
National Center for Education Research (in this part referred
to as the ``Research Center'').
(b) Mission.--The mission of the Research Center is--
(1) to sponsor sustained research that will lead to the
accumulation of knowledge and understanding of education,
to--
(A) ensure that all children have access to a high-quality
education;
(B) improve student academic achievement, including through
the use of educational technology;
(C) close the achievement gap between high-performing and
low-performing students through the improvement of teaching
and learning of reading, writing, mathematics, science, and
other academic subjects; and
(D) improve access to, and opportunity for, postsecondary
education;
(2) to support the synthesis and, as appropriate, the
integration of education research;
(3) to promote quality and integrity through the use of
accepted practices of scientific inquiry to obtain knowledge
and understanding of the validity of education theories,
practices, or conditions; and
(4) to promote scientifically valid research findings that
can provide the basis for improving academic instruction and
lifelong learning.
SEC. 132. COMMISSIONER FOR EDUCATION RESEARCH.
The Research Center shall be headed by a Commissioner for
Education Research (in this part referred to as the
``Research Commissioner'') who shall have substantial
knowledge of the activities of the Research Center, including
a high level of expertise in the fields of research and
research management.
SEC. 133. DUTIES.
(a) General Duties.--The Research Center shall--
(1) maintain published peer-review standards and standards
for the conduct and evaluation of all research and
development carried out under the auspices of the Research
Center in accordance with this part;
(2) propose to the Director a research plan that--
(A) is consistent with the priorities and mission of the
Institute and the mission of the Research Center and includes
the activities described in paragraph (3); and
(B) shall be carried out pursuant to paragraph (4) and, as
appropriate, be updated and modified;
(3) carry out specific, long-term research activities that
are consistent with the priorities and mission of the
Institute, and are approved by the Director;
(4) implement the plan proposed under paragraph (2) to
carry out scientifically valid research that--
(A) uses objective and measurable indicators, including
timelines, that are used to assess the progress and results
of such research;
(B) meets the procedures for peer review established by the
Director under section 114(f)(5) and the standards of
research described in section 134; and
(C) includes both basic research and applied research,
which shall include research conducted through field-
initiated research and ongoing research initiatives;
(5) promote the use of scientifically valid research within
the Federal Government, including active participation in
interagency research projects described in section 118;
(6) ensure that research conducted under the direction of
the Research Center is relevant to education practice and
policy;
(7) synthesize and disseminate, through the National Center
for Education Evaluation and Regional Assistance, the
findings and results of education research conducted or
supported by the Research Center;
(8) assist the Director in the preparation of a biennial
report, as described in section 119;
(9) carry out research on successful State and local
education reform activities, including those that result in
increased academic achievement and in closing the achievement
gap, as approved by the Director;
(10) carry out research initiatives regarding the impact of
technology, including--
(A) research into how technology affects student
achievement;
(B) long-term research into cognition and learning issues
as they relate to the uses of technology;
(C) rigorous, peer-reviewed, large-scale, long-term, and
broadly applicable empirical research that is designed to
determine which approaches to the use of technology are most
effective and cost-efficient in practice and under what
conditions; and
(D) field-based research on how teachers implement
technology and Internet-based resources in the classroom,
including an understanding how these resources are being
accessed, put to use, and the effectiveness of such
resources; and
(11) carry out research that is rigorous, peer-reviewed,
and large scale to determine which methods of mathematics and
science teaching are most effective, cost efficient, and able
to be applied, duplicated, and scaled up for use in
elementary and secondary classrooms, including in low-
performing schools, to improve the teaching of, and student
achievement in, mathematics and science as required under the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.).
(b) Eligibility.--Research carried out under subsection (a)
through contracts, grants, or cooperative agreements shall be
carried out only by recipients with the ability and capacity
to conduct scientifically valid research.
(c) National Research and Development Centers.--
(1) Support.--In carrying out activities under subsection
(a)(3), the Research Commissioner shall support not less than
8 national research and development centers. The Research
Commissioner shall assign each of the 8 national research and
development centers not less than 1 of the topics described
in paragraph (2). In addition, the Research Commissioner may
assign each of the 8 national research and development
centers additional topics of research consistent with the
mission and priorities of the Institute and the mission of
the Research Center.
(2) Topics of research.--The Research Commissioner shall
support the following topics of
[[Page H7989]]
research, through national research and development centers
or through other means:
(A) Adult literacy.
(B) Assessment, standards, and accountability research.
(C) Early childhood development and education.
(D) English language learners research.
(E) Improving low achieving schools.
(F) Innovation in education reform.
(G) State and local policy.
(H) Postsecondary education and training.
(I) Rural education.
(J) Teacher quality.
(K) Reading and literacy.
(3) Duties of centers.--The national research and
development centers shall address areas of national need,
including in educational technology areas. The Research
Commissioner may support additional national research and
development centers to address topics of research not
described in paragraph (2) if such topics are consistent with
the priorities and mission of the Institute and the mission
of the Research Center. The research carried out by the
centers shall incorporate the potential or existing role of
educational technology, where appropriate, in achieving the
goals of each center.
(4) Scope.--Support for a national research and development
center shall be for a period of not more than 5 years, shall
be of sufficient size and scope to be effective, and
notwithstanding section 134(b), may be renewed without
competition for not more than 5 additional years if the
Director, in consultation with the Research Commissioner and
the Board, determines that the research of the national
research and development center--
(A) continues to address priorities of the Institute; and
(B) merits renewal (applying the procedures and standards
established in section 134).
(5) Limit.--No national research and development center may
be supported under this subsection for a period of more than
10 years without submitting to a competitive process for the
award of the support.
(6) Continuation of awards.--The Director shall continue
awards made to the national research and development centers
that are in effect on the day before the date of enactment of
this Act in accordance with the terms of those awards and may
renew them in accordance with paragraphs (4) and (5).
(7) Disaggregation.--To the extent feasible, research
conducted under this subsection shall be disaggregated by
age, race, gender, and socioeconomic background.
SEC. 134. STANDARDS FOR CONDUCT AND EVALUATION OF RESEARCH.
(a) In General.--In carrying out this part, the Research
Commissioner shall--
(1) ensure that all research conducted under the direction
of the Research Center follows scientifically based research
standards;
(2) develop such other standards as may be necessary to
govern the conduct and evaluation of all research,
development, and wide dissemination activities carried out by
the Research Center to assure that such activities meet the
highest standards of professional excellence;
(3) review the procedures utilized by the National
Institutes of Health, the National Science Foundation, and
other Federal departments or agencies engaged in research and
development, and actively solicit recommendations from
research organizations and members of the general public in
the development of the standards described in paragraph (2);
and
(4) ensure that all research complies with Federal
guidelines relating to research misconduct.
(b) Peer Review.--
(1) In general.--The Director shall establish a peer review
system, involving highly qualified individuals with an in-
depth knowledge of the subject to be investigated, for
reviewing and evaluating all applications for grants and
cooperative agreements that exceed $100,000, and for
evaluating and assessing the products of research by all
recipients of grants and cooperative agreements under this
Act.
(2) Evaluation.--The Research Commissioner shall--
(A) develop the procedures to be used in evaluating
applications for research grants, cooperative agreements, and
contracts, and specify the criteria and factors (including,
as applicable, the use of longitudinal data linking test
scores, enrollment, and graduation rates over time) which
shall be considered in making such evaluations; and
(B) evaluate the performance of each recipient of an award
of a research grant, contract, or cooperative agreement at
the conclusion of the award.
(c) Long-Term Research.--The Research Commissioner shall
ensure that not less than 50 percent of the funds made
available for research for each fiscal year shall be used to
fund long-term research programs of not less than 5 years,
which support the priorities and mission of the Institute and
the mission of the Research Center.
PART C--NATIONAL CENTER FOR EDUCATION STATISTICS
SEC. 151. ESTABLISHMENT.
(a) Establishment.--There is established in the Institute a
National Center for Education Statistics (in this part
referred to as the ``Statistics Center'').
(b) Mission.--The mission of the Statistics Center shall
be--
(1) to collect and analyze education information and
statistics in a manner that meets the highest methodological
standards;
(2) to report education information and statistics in a
timely manner; and
(3) to collect, analyze, and report education information
and statistics in a manner that--
(A) is objective, secular, neutral, and nonideological and
is free of partisan political influence and racial, cultural,
gender, or regional bias; and
(B) is relevant and useful to practitioners, researchers,
policymakers, and the public.
SEC. 152. COMMISSIONER FOR EDUCATION STATISTICS.
The Statistics Center shall be headed by a Commissioner for
Education Statistics (in this part referred to as the
``Statistics Commissioner'') who shall be highly qualified
and have substantial knowledge of statistical methodologies
and activities undertaken by the Statistics Center.
SEC. 153. DUTIES.
(a) General Duties.--The Statistics Center shall collect,
report, analyze, and disseminate statistical data related to
education in the United States and in other nations,
including--
(1) collecting, acquiring, compiling (where appropriate, on
a State-by-State basis), and disseminating full and complete
statistics (disaggregated by the population characteristics
described in paragraph (3)) on the condition and progress of
education, at the preschool, elementary, secondary,
postsecondary, and adult levels in the United States,
including data on--
(A) State and local education reform activities;
(B) State and local early childhood school readiness
activities;
(C) student achievement in, at a minimum, the core academic
areas of reading, mathematics, and science at all levels of
education;
(D) secondary school completions, dropouts, and adult
literacy and reading skills;
(E) access to, and opportunity for, postsecondary
education, including data on financial aid to postsecondary
students;
(F) teaching, including--
(i) data on in-service professional development, including
a comparison of courses taken in the core academic areas of
reading, mathematics, and science with courses in noncore
academic areas, including technology courses; and
(ii) the percentage of teachers who are highly qualified
(as such term is defined in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801)) in each
State and, where feasible, in each local educational agency
and school;
(G) instruction, the conditions of the education workplace,
and the supply of, and demand for, teachers;
(H) the incidence, frequency, seriousness, and nature of
violence affecting students, school personnel, and other
individuals participating in school activities, as well as
other indices of school safety, including information
regarding--
(i) the relationship between victims and perpetrators;
(ii) demographic characteristics of the victims and
perpetrators; and
(iii) the type of weapons used in incidents, as classified
in the Uniform Crime Reports of the Federal Bureau of
Investigation;
(I) the financing and management of education, including
data on revenues and expenditures;
(J) the social and economic status of children, including
their academic achievement;
(K) the existence and use of educational technology and
access to the Internet by students and teachers in elementary
schools and secondary schools;
(L) access to, and opportunity for, early childhood
education;
(M) the availability of, and access to, before-school and
after-school programs (including such programs during school
recesses);
(N) student participation in and completion of secondary
and postsecondary vocational and technical education programs
by specific program area; and
(O) the existence and use of school libraries;
(2) conducting and publishing reports on the meaning and
significance of the statistics described in paragraph (1);
(3) collecting, analyzing, cross-tabulating, and reporting,
to the extent feasible, information by gender, race,
ethnicity, socioeconomic status, limited English proficiency,
mobility, disability, urban, rural, suburban districts, and
other population characteristics, when such disaggregated
information will facilitate educational and policy
decisionmaking;
(4) assisting public and private educational agencies,
organizations, and institutions in improving and automating
statistical and data collection activities, which may include
assisting State educational agencies and local educational
agencies with the disaggregation of data and with the
development of longitudinal student data systems;
(5) determining voluntary standards and guidelines to
assist State educational agencies in developing statewide
longitudinal data systems that link individual student data
consistent with the requirements of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.),
promote linkages across States, and protect student privacy
consistent with section 183, to improve student academic
achievement and close achievement gaps;
(6) acquiring and disseminating data on educational
activities and student achievement (such as the Third
International Math and Science Study) in the United States
compared with foreign nations;
(7) conducting longitudinal and special data collections
necessary to report on the condition and progress of
education;
(8) assisting the Director in the preparation of a biennial
report, as described in section 119; and
(9) determining, in consultation with the National Research
Council of the National Academies, methodology by which
States may accurately measure graduation rates (defined as
the percentage of students who graduate from secondary school
with a regular diploma in the standard number of years),
school completion rates, and dropout rates.
[[Page H7990]]
(b) Training Program.--The Statistics Commissioner may
establish a program to train employees of public and private
educational agencies, organizations, and institutions in the
use of standard statistical procedures and concepts, and may
establish a fellowship program to appoint such employees as
temporary fellows at the Statistics Center, in order to
assist the Statistics Center in carrying out its duties.
SEC. 154. PERFORMANCE OF DUTIES.
(a) Grants, Contracts, and Cooperative Agreements.--In
carrying out the duties under this part, the Statistics
Commissioner, may award grants, enter into contracts and
cooperative agreements, and provide technical assistance.
(b) Gathering Information.--
(1) Sampling.--The Statistics Commissioner may use the
statistical method known as sampling (including random
sampling) to carry out this part.
(2) Source of information.--The Statistics Commissioner
may, as appropriate, use information collected--
(A) from States, local educational agencies, public and
private schools, preschools, institutions of higher
education, vocational and adult education programs,
libraries, administrators, teachers, students, the general
public, and other individuals, organizations, agencies, and
institutions (including information collected by States and
local educational agencies for their own use); and
(B) by other offices within the Institute and by other
Federal departments, agencies, and instrumentalities.
(3) Collection.--The Statistics Commissioner may--
(A) enter into interagency agreements for the collection of
statistics;
(B) arrange with any agency, organization, or institution
for the collection of statistics; and
(C) assign employees of the Statistics Center to any such
agency, organization, or institution to assist in such
collection.
(4) Technical assistance and coordination.--In order to
maximize the effectiveness of Department efforts to serve the
educational needs of children and youth, the Statistics
Commissioner shall--
(A) provide technical assistance to the Department offices
that gather data for statistical purposes; and
(B) coordinate with other Department offices in the
collection of data.
(c) Duration.--Notwithstanding any other provision of law,
the grants, contracts, and cooperative agreements under this
section may be awarded, on a competitive basis, for a period
of not more than 5 years, and may be renewed at the
discretion of the Statistics Commissioner for an additional
period of not more than 5 years.
SEC. 155. REPORTS.
(a) Procedures for Issuance of Reports.--The Statistics
Commissioner, shall establish procedures, in accordance with
section 186, to ensure that the reports issued under this
section are relevant, of high quality, useful to customers,
subject to rigorous peer review, produced in a timely
fashion, and free from any partisan political influence.
(b) Report on Condition and Progress of Education.--Not
later than June 1, 2003, and each June 1 thereafter, the
Statistics Commissioner, shall submit to the President and
the appropriate congressional committees a statistical report
on the condition and progress of education in the United
States.
(c) Statistical Reports.--The Statistics Commissioner shall
issue regular and, as necessary, special statistical reports
on education topics, particularly in the core academic areas
of reading, mathematics, and science, consistent with the
priorities and the mission of the Statistics Center.
SEC. 156. DISSEMINATION.
(a) General Requests.--
(1) In general.--The Statistics Center may furnish
transcripts or copies of tables and other statistical records
and make special statistical compilations and surveys for
State and local officials, public and private organizations,
and individuals.
(2) Compilations.--The Statistics Center shall provide
State educational agencies, local educational agencies, and
institutions of higher education with opportunities to
suggest the establishment of particular compilations of
statistics, surveys, and analyses that will assist those
educational agencies.
(b) Congressional Requests.--The Statistics Center shall
furnish such special statistical compilations and surveys as
the relevant congressional committees may request.
(c) Joint Statistical Projects.--The Statistics Center may
engage in joint statistical projects related to the mission
of the Center, or other statistical purposes authorized by
law, with nonprofit organizations or agencies, and the cost
of such projects shall be shared equitably as determined by
the Secretary.
(d) Fees.--
(1) In general.--Statistical compilations and surveys under
this section, other than those carried out pursuant to
subsections (b) and (c), may be made subject to the payment
of the actual or estimated cost of such work.
(2) Funds received.--All funds received in payment for work
or services described in this subsection may be used to pay
directly the costs of such work or services, to repay
appropriations that initially bore all or part of such costs,
or to refund excess sums when necessary.
(e) Access.--
(1) Other agencies.--The Statistics Center shall,
consistent with section 183, cooperate with other Federal
agencies having a need for educational data in providing
access to educational data received by the Statistics Center.
(2) Interested parties.--The Statistics Center shall, in
accordance with such terms and conditions as the Center may
prescribe, provide all interested parties, including public
and private agencies, parents, and other individuals, direct
access, in the most appropriate form (including, where
possible, electronically), to data collected by the
Statistics Center for the purposes of research and acquiring
statistical information.
SEC. 157. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
The Statistics Center may establish 1 or more national
cooperative education statistics systems for the purpose of
producing and maintaining, with the cooperation of the
States, comparable and uniform information and data on early
childhood education, elementary and secondary education,
postsecondary education, adult education, and libraries, that
are useful for policymaking at the Federal, State, and local
levels.
SEC. 158. STATE DEFINED.
In this part, the term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
PART D--NATIONAL CENTER FOR EDUCATION EVALUATION AND REGIONAL
ASSISTANCE
SEC. 171. ESTABLISHMENT.
(a) Establishment.--There is established in the Institute a
National Center for Education Evaluation and Regional
Assistance.
(b) Mission.--The mission of the National Center for
Education Evaluation and Regional Assistance shall be--
(1) to provide technical assistance;
(2) to conduct evaluations of Federal education programs
administered by the Secretary (and as time and resources
allow, other education programs) to determine the impact of
such programs (especially on student academic achievement in
the core academic areas of reading, mathematics, and
science);
(3) to support synthesis and wide dissemination of results
of evaluation, research, and products developed; and
(4) to encourage the use of scientifically valid education
research and evaluation throughout the United States.
(c) Grants, Contracts, and Cooperative Agreements.--In
carrying out the duties under this part, the Director may
award grants, enter into contracts and cooperative
agreements, and provide technical assistance.
SEC. 172. COMMISSIONER FOR EDUCATION EVALUATION AND REGIONAL
ASSISTANCE.
(a) In General.--The National Center for Education
Evaluation and Regional Assistance shall be headed by a
Commissioner for Education Evaluation and Regional Assistance
(in this part referred to as the ``Evaluation and Regional
Assistance Commissioner'') who is highly qualified and has
demonstrated a capacity to carry out the mission of the
Center and shall--
(1) conduct evaluations pursuant to section 173;
(2) widely disseminate information on scientifically valid
research, statistics, and evaluation on education,
particularly to State educational agencies and local
educational agencies, to institutions of higher education, to
the public, the media, voluntary organizations, professional
associations, and other constituencies, especially with
respect to information relating to, at a minimum--
(A) the core academic areas of reading, mathematics, and
science;
(B) closing the achievement gap between high-performing
students and low-performing students;
(C) educational practices that improve academic achievement
and promote learning;
(D) education technology, including software; and
(E) those topics covered by the Educational Resources
Information Center Clearinghouses (established under section
941(f) of the Educational Research, Development,
Dissemination, and Improvement Act of 1994 (20 U.S.C.
6041(f)) (as such provision was in effect on the day before
the date of enactment of this Act);
(3) make such information accessible in a user-friendly,
timely, and efficient manner (including through use of a
searchable Internet-based online database that shall include
all topics covered in paragraph (2)(E)) to schools,
institutions of higher education, educators (including early
childhood educators), parents, administrators, policymakers,
researchers, public and private entities (including providers
of early childhood services), entities responsible for
carrying out technical assistance through the Department, and
the general public;
(4) support the regional educational laboratories in
conducting applied research, the development and
dissemination of educational research, products and
processes, the provision of technical assistance, and other
activities to serve the educational needs of such
laboratories' regions;
(5) manage the National Library of Education described in
subsection (d), and other sources of digital information on
education research;
(6) assist the Director in the preparation of a biennial
report, described in section 119; and
(7) award a contract for a prekindergarten through grade 12
mathematics and science teacher clearinghouse.
(b) Additional Duties.--In carrying out subsection (a), the
Evaluation and Regional Assistance Commissioner shall--
(1) ensure that information disseminated under this section
is provided in a cost-effective, nonduplicative manner that
includes the most current research findings, which may
include through the continuation of individual clearinghouses
authorized under the Educational Research, Development,
Dissemination, and Improvement Act of 1994 (title IX of the
Goals 2000: Educate America Act; 20 U.S.C. 6001 et seq.) (as
such Act existed on the day before the date of enactment of
this Act);
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(2) describe prominently the type of scientific evidence
that is used to support the findings that are disseminated;
(3) explain clearly the scientifically appropriate and
inappropriate uses of--
(A) the findings that are disseminated; and
(B) the types of evidence used to support those findings;
and
(4) respond, as appropriate, to inquiries from schools,
educators, parents, administrators, policymakers,
researchers, public and private entities, and entities
responsible for carrying out technical assistance.
(c) Continuation.--The Director shall continue awards for
the support of the Educational Resources Information Center
Clearinghouses and contracts for regional educational
laboratories (established under subsections (f) and (h) of
section 941 of the Educational Research, Development,
Dissemination, and Improvement Act of 1994 (20 U.S.C. 6041(f)
and (h)) (as such awards were in effect on the day before the
date of enactment of this Act)) for the duration of those
awards, in accordance with the terms and agreements of such
awards.
(d) National Library of Education.--
(1) Establishment.--There is established within the
National Center for Education Evaluation and Regional
Assistance a National Library of Education that shall--
(A) be headed by an individual who is highly qualified in
library science;
(B) collect and archive information;
(C) provide a central location within the Federal
Government for information about education;
(D) provide comprehensive reference services on matters
related to education to employees of the Department of
Education and its contractors and grantees, other Federal
employees, and members of the public; and
(E) promote greater cooperation and resource sharing among
providers and repositories of education information in the
United States.
(2) Information.--The information collected and archived by
the National Library of Education shall include--
(A) products and publications developed through, or
supported by, the Institute; and
(B) other relevant and useful education-related research,
statistics, and evaluation materials and other information,
projects, and publications that are--
(i) consistent with--
(I) scientifically valid research; or
(II) the priorities and mission of the Institute; and
(ii) developed by the Department, other Federal agencies,
or entities (including entities supported under the
Educational Technical Assistance Act of 2002 and the
Educational Resources Information Center Clearinghouses
(established under section 941(f) of the Educational
Research, Development, Dissemination, and Improvement Act of
1994 (20 U.S.C. 6041(f)) (as such provision was in effect on
the day before the date of enactment of this Act))).
SEC. 173. EVALUATIONS.
(a) In General.--
(1) Requirements.--In carrying out its missions, the
National Center for Education Evaluation and Regional
Assistance may--
(A) conduct or support evaluations consistent with the
Center's mission as described in section 171(b);
(B) evaluate programs under title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);
(C) to the extent practicable, examine evaluations
conducted or supported by others in order to determine the
quality and relevance of the evidence of effectiveness
generated by those evaluations, with the approval of the
Director;
(D) coordinate the activities of the National Center for
Education Evaluation and Regional Assistance with other
evaluation activities in the Department;
(E) review and, where feasible, supplement Federal
education program evaluations, particularly those by the
Department, to determine or enhance the quality and relevance
of the evidence generated by those evaluations;
(F) establish evaluation methodology; and
(G) assist the Director in the preparation of the biennial
report, as described in section 119.
(2) Additional requirements.--Each evaluation conducted by
the National Center for Education Evaluation and Regional
Assistance pursuant to paragraph (1) shall--
(A) adhere to the highest possible standards of quality for
conducting scientifically valid education evaluation; and
(B) be subject to rigorous peer-review.
(b) Administration of Evaluations Under Title I of the
Elementary and Secondary Education Act of 1965.--The
Evaluation and Regional Assistance Commissioner, consistent
with the mission of the National Center for Education
Evaluation and Regional Assistance under section 171(b),
shall administer all operations and contracts associated with
evaluations authorized by part E of title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6491 et seq.)
and administered by the Department as of the date of
enactment of this Act.
SEC. 174. REGIONAL EDUCATIONAL LABORATORIES FOR RESEARCH,
DEVELOPMENT, DISSEMINATION, AND TECHNICAL
ASSISTANCE.
(a) Regional Educational Laboratories.--The Director shall
enter into contracts with entities to establish a networked
system of 10 regional educational laboratories that serve the
needs of each region of the United States in accordance with
the provisions of this section. The amount of assistance
allocated to each laboratory by the Evaluation and Regional
Assistance Commissioner shall reflect the number of local
educational agencies and the number of school-age children
within the region served by such laboratory, as well as the
cost of providing services within the geographic area
encompassed by the region.
(b) Regions.--The regions served by the regional
educational laboratories shall be the 10 geographic regions
served by the regional educational laboratories established
under section 941(h) of the Educational Research,
Development, Dissemination, and Improvement Act of 1994 (as
such provision existed on the day before the date of
enactment of this Act).
(c) Eligible Applicants.--The Director may enter into
contracts under this section with research organizations,
institutions, agencies, institutions of higher education, or
partnerships among such entities, or individuals, with the
demonstrated ability or capacity to carry out the activities
described in this section, including regional entities that
carried out activities under the Educational Research,
Development, Dissemination, and Improvement Act of 1994 (as
such Act existed on the day before the date of enactment of
this Act) and title XIII of the Elementary and Secondary
Education Act of 1965 (as such title existed on the day
before the date of enactment of the No Child Left Behind Act
of 2001 (Public Law 107-110)).
(d) Applications.--
(1) Submission.--Each applicant desiring a contract under
this section shall submit an application at such time, in
such manner, and containing such information as the Director
may reasonably require.
(2) Plan.--Each application submitted under paragraph (1)
shall contain a 5-year plan for carrying out the activities
described in this section in a manner that addresses the
priorities established under section 207 and addresses the
needs of all States (and to the extent practicable, of local
educational agencies) within the region to be served by the
regional educational laboratory, on an ongoing basis.
(e) Entering into Contracts.--
(1) In general.--In entering into contracts under this
section, the Director shall--
(A) enter into contracts for a 5-year period; and
(B) ensure that regional educational laboratories
established under this section have strong and effective
governance, organization, management, and administration, and
employ qualified staff.
(2) Coordination.--In order to ensure coordination and
prevent unnecessary duplication of activities among the
regions, the Evaluation and Regional Assistance Commissioner
shall--
(A) share information about the activities of each regional
educational laboratory awarded a contract under this section
with each other regional educational laboratory awarded a
contract under this section and with the Department of
Education, including the Director and the Board;
(B) oversee a strategic plan for ensuring that each
regional educational laboratory awarded a contract under this
section increases collaboration and resource-sharing in such
activities;
(C) ensure, where appropriate, that the activities of each
regional educational laboratory awarded a contract under this
section also serve national interests; and
(D) ensure that each regional educational laboratory
awarded a contract under this section coordinates such
laboratory's activities with the activities of each other
regional technical assistance provider.
(3) Outreach.--In conducting competitions for contracts
under this section, the Director shall--
(A) actively encourage eligible entities to compete for
such awards by making information and technical assistance
relating to the competition widely available; and
(B) seek input from the chief executive officers of States,
chief State school officers, educators, and parents regarding
the need for applied research, wide dissemination, training,
technical assistance, and development activities authorized
by this title in the regions to be served by the regional
educational laboratories and how those educational needs
could be addressed most effectively.
(4) Objectives and indicators.--Before entering into a
contract under this section, the Director shall design
specific objectives and measurable indicators to be used to
assess the particular programs or initiatives, and ongoing
progress and performance, of the regional educational
laboratories, in order to ensure that the educational needs
of the region are being met and that the latest and best
research and proven practices are being carried out as part
of school improvement efforts.
(5) Standards.--The Evaluation and Regional Assistance
Commissioner shall establish a system for technical and peer
review to ensure that applied research activities, research-
based reports, and products of the regional educational
laboratories are consistent with the research standards
described in section 134 and the evaluation standards adhered
to pursuant to section 173(a)(2)(A).
(f) Central Mission and Primary Function.--Each regional
educational laboratory awarded a contract under this section
shall support applied research, development, wide
dissemination, and technical assistance activities by--
(1) providing training (which may include supporting
internships and fellowships and providing stipends) and
technical assistance to State educational agencies, local
educational agencies, school boards, schools funded by the
Bureau as appropriate, and State boards of education
regarding, at a minimum--
(A) the administration and implementation of programs under
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.);
(B) scientifically valid research in education on teaching
methods, assessment tools, and high quality, challenging
curriculum frameworks for use by teachers and administrators
in, at a minimum--
[[Page H7992]]
(i) the core academic subjects of mathematics, science, and
reading;
(ii) English language acquisition;
(iii) education technology; and
(iv) the replication and adaption of exemplary and
promising practices and new educational methods, including
professional development strategies and the use of
educational technology to improve teaching and learning; and
(C) the facilitation of communication between educational
experts, school officials, and teachers, parents, and
librarians, to enable such individuals to assist schools to
develop a plan to meet the State education goals;
(2) developing and widely disseminating, including through
Internet-based means, scientifically valid research,
information, reports, and publications that are usable for
improving academic achievement, closing achievement gaps, and
encouraging and sustaining school improvement, to--
(A) schools, districts, institutions of higher education,
educators (including early childhood educators and
librarians), parents, policymakers, and other constituencies,
as appropriate, within the region in which the regional
educational laboratory is located; and
(B) the National Center for Education Evaluation and
Regional Assistance;
(3) developing a plan for identifying and serving the needs
of the region by conducting a continuing survey of the
educational needs, strengths, and weaknesses within the
region, including a process of open hearings to solicit the
views of schools, teachers, administrators, parents, local
educational agencies, librarians, and State educational
agencies within the region;
(4) in the event such quality applied research does not
exist as determined by the regional educational laboratory or
the Department, carrying out applied research projects that
are designed to serve the particular educational needs (in
prekindergarten through grade 16) of the region in which the
regional educational laboratory is located, that reflect
findings from scientifically valid research, and that result
in user-friendly, replicable school-based classroom
applications geared toward promoting increased student
achievement, including using applied research to assist in
solving site-specific problems and assisting in development
activities (including high-quality and on-going professional
development and effective parental involvement strategies);
(5) supporting and serving the educational development
activities and needs of the region by providing educational
applied research in usable forms to promote school-
improvement, academic achievement, and the closing of
achievement gaps and contributing to the current base of
education knowledge by addressing enduring problems in
elementary and secondary education and access to
postsecondary education;
(6) collaborating and coordinating services with other
technical assistance providers funded by the Department of
Education;
(7) assisting in gathering information on school finance
systems to promote improved access to educational
opportunities and to better serve all public school students;
(8) assisting in gathering information on alternative
administrative structures that are more conducive to
planning, implementing, and sustaining school reform and
improved academic achievement;
(9) bringing teams of experts together to develop and
implement school improvement plans and strategies, especially
in low-performing or high poverty schools; and
(10) developing innovative approaches to the application of
technology in education that are unlikely to originate from
within the private sector, but which could result in the
development of new forms of education software, education
content, and technology-enabled pedagogy.
(g) Activities.--Each regional educational laboratory
awarded a contract under this section shall carry out the
following activities:
(1) Collaborate with the National Education Centers in
order to--
(A) maximize the use of research conducted through the
National Education Centers in the work of such laboratory;
(B) keep the National Education Centers apprised of the
work of the regional educational laboratory in the field; and
(C) inform the National Education Centers about additional
research needs identified in the field.
(2) Consult with the State educational agencies and local
educational agencies in the region in developing the plan for
serving the region.
(3) Develop strategies to utilize schools as critical
components in reforming education and revitalizing rural
communities in the United States.
(4) Report and disseminate information on overcoming the
obstacles faced by educators and schools in high poverty,
urban, and rural areas.
(5) Identify successful educational programs that have
either been developed by such laboratory in carrying out such
laboratory's functions or that have been developed or used by
others within the region served by the laboratory and make
such information available to the Secretary and the network
of regional educational laboratories so that such programs
may be considered for inclusion in the national education
dissemination system.
(h) Governing Board and Allocation.--
(1) In general.--In carrying out its responsibilities, each
regional educational laboratory awarded a contract under this
section, in keeping with the terms and conditions of such
laboratory's contract, shall--
(A) establish a governing board that--
(i) reflects a balanced representation of--
(I) the States in the region;
(II) the interests and concerns of regional constituencies;
and
(III) technical expertise;
(ii) includes the chief State school officer or such
officer's designee of each State represented in such board's
region;
(iii) includes--
(I) representatives nominated by chief executive officers
of States and State organizations of superintendents,
principals, institutions of higher education, teachers,
parents, businesses, and researchers; or
(II) other representatives of the organizations described
in subclause (I), as required by State law in effect on the
day before the date of enactment of this Act;
(iv) is the sole entity that--
(I) guides and directs the laboratory in carrying out the
provisions of this subsection and satisfying the terms and
conditions of the contract award;
(II) determines the regional agenda of the laboratory;
(III) engages in an ongoing dialogue with the Evaluation
and Regional Assistance Commissioner concerning the
laboratory's goals, activities, and priorities; and
(IV) determines at the start of the contract period,
subject to the requirements of this section and in
consultation with the Evaluation and Regional Assistance
Commissioner, the mission of the regional educational
laboratory for the duration of the contract period;
(v) ensures that the regional educational laboratory
attains and maintains a high level of quality in the
laboratory's work and products;
(vi) establishes standards to ensure that the regional
educational laboratory has strong and effective governance,
organization, management, and administration, and employs
qualified staff;
(vii) directs the regional educational laboratory to carry
out the laboratory's duties in a manner that will make
progress toward achieving the State education goals and
reforming schools and educational systems; and
(viii) conducts a continuing survey of the educational
needs, strengths, and weaknesses within the region, including
a process of open hearings to solicit the views of schools
and teachers; and
(B) allocate the regional educational laboratory's
resources to and within each State in a manner which reflects
the need for assistance, taking into account such factors as
the proportion of economically disadvantaged students, the
increased cost burden of service delivery in areas of sparse
populations, and any special initiatives being undertaken by
State, intermediate, local educational agencies, or Bureau-
funded schools, as appropriate, which may require special
assistance from the laboratory.
(2) Special rule.--If a regional educational laboratory
needs flexibility in order to meet the requirements of
paragraph (1)(A)(i), the regional educational laboratory may
select not more than 10 percent of the governing board from
individuals outside those representatives nominated in
accordance with paragraph (1)(A)(iii).
(i) Duties of Governing Board.--In order to improve the
efficiency and effectiveness of the regional educational
laboratories, the governing boards of the regional
educational laboratories shall establish and maintain a
network to--
(1) share information about the activities each laboratory
is carrying out;
(2) plan joint activities that would meet the needs of
multiple regions;
(3) create a strategic plan for the development of
activities undertaken by the laboratories to reduce
redundancy and increase collaboration and resource-sharing in
such activities; and
(4) otherwise devise means by which the work of the
individual laboratories could serve national, as well as
regional, needs.
(j) Evaluations.--The Evaluation and Regional Assistance
Commissioner shall provide for independent evaluations of
each of the regional educational laboratories in carrying out
the duties described in this section in the third year that
such laboratory receives assistance under this section in
accordance with the standards developed by the Evaluation and
Regional Assistance Commissioner and approved by the Board
and shall transmit the results of such evaluations to the
relevant committees of Congress, the Board, and the
appropriate regional educational laboratory governing board.
(k) Rule of Construction.--No regional educational
laboratory receiving assistance under this section shall, by
reason of the receipt of that assistance, be ineligible to
receive any other assistance from the Department of Education
as authorized by law or be prohibited from engaging in
activities involving international projects or endeavors.
(l) Advance Payment System.--Each regional educational
laboratory awarded a contract under this section shall
participate in the advance payment system at the Department
of Education.
(m) Additional Projects.--In addition to activities
authorized under this section, the Director is authorized to
enter into contracts or agreements with a regional
educational laboratory for the purpose of carrying out
additional projects to enable such regional educational
laboratory to assist in efforts to achieve State education
goals and for other purposes.
(n) Annual Report and Plan.--Not later than July 1 of each
year, each regional educational laboratory awarded a contract
under this section shall submit to the Evaluation and
Regional Assistance Commissioner--
(1) a plan covering the succeeding fiscal year, in which
such laboratory's mission, activities, and scope of work are
described, including a general description of the plans such
laboratory expects to submit in the remaining years of such
laboratory's contract; and
(2) a report of how well such laboratory is meeting the
needs of the region, including a summary of activities during
the preceding year, a list of entities served, a list of
products, and any other information that the regional
educational laboratory may consider relevant or the
[[Page H7993]]
Evaluation and Regional Assistance Commissioner may require.
(o) Construction.--Nothing in this section shall be
construed to require any modifications in a regional
educational laboratory contract in effect on the day before
the date of enactment of this Act.
PART E--GENERAL PROVISIONS
SEC. 181. INTERAGENCY DATA SOURCES AND FORMATS.
The Secretary, in consultation with the Director, shall
ensure that the Department and the Institute use common
sources of data in standardized formats.
SEC. 182. PROHIBITIONS.
(a) National Database.--Nothing in this title may be
construed to authorize the establishment of a nationwide
database of individually identifiable information on
individuals involved in studies or other collections of data
under this title.
(b) Federal Government and Use of Federal Funds.--Nothing
in this title may be construed to authorize an officer or
employee of the Federal Government to mandate, direct, or
control the curriculum, program of instruction, or allocation
of State or local resources of a State, local educational
agency, or school, or to mandate a State, or any subdivision
thereof, to spend any funds or incur any costs not provided
for under this title.
(c) Endorsement of Curriculum.--Notwithstanding any other
provision of Federal law, no funds provided under this title
to the Institute, including any office, board, committee, or
center of the Institute, may be used by the Institute to
endorse, approve, or sanction any curriculum designed to be
used in an elementary school or secondary school.
(d) Federally Sponsored Testing.--
(1) In general.--Subject to paragraph (2), no funds
provided under this title to the Secretary or to the
recipient of any award may be used to develop, pilot test,
field test, implement, administer, or distribute any
federally sponsored national test in reading, mathematics, or
any other subject, unless specifically and explicitly
authorized by law.
(2) Exceptions.--Subsection (a) shall not apply to
international comparative assessments developed under the
authority of section 153(a)(6) of this title or section
404(a)(6) of the National Education Statistics Act of 1994
(20 U.S.C. 9003(a)(6)) (as such section was in effect on the
day before the date of enactment of this Act) and
administered to only a representative sample of pupils in the
United States and in foreign nations.
SEC. 183. CONFIDENTIALITY.
(a) In General.--All collection, maintenance, use, and wide
dissemination of data by the Institute, including each
office, board, committee, and center of the Institute, shall
conform with the requirements of section 552a of title 5,
United States Code, the confidentiality standards of
subsection (c) of this section, and sections 444 and 445 of
the General Education Provisions Act (20 U.S.C. 1232g,
1232h).
(b) Student Information.--The Director shall ensure that
all individually identifiable information about students,
their academic achievements, their families, and information
with respect to individual schools, shall remain confidential
in accordance with section 552a of title 5, United States
Code, the confidentiality standards of subsection (c) of this
section, and sections 444 and 445 of the General Education
Provisions Act (20 U.S.C. 1232g, 1232h).
SEC. 184. AVAILABILITY OF DATA.
Subject to section 183, data collected by the Institute,
including any office, board, committee, or center of the
Institute, in carrying out the priorities and mission of the
Institute, shall be made available to the public, including
through use of the Internet.
SEC. 185. PERFORMANCE MANAGEMENT.
The Director shall ensure that all activities conducted or
supported by the Institute or a National Education Center
make customer service a priority. The Director shall ensure a
high level of customer satisfaction through the following
methods:
(1) Establishing and improving feedback mechanisms in order
to anticipate customer needs.
(2) Disseminating information in a timely fashion and in
formats that are easily accessible and usable by researchers,
practitioners, and the general public.
(3) Utilizing the most modern technology and other methods
available, including arrangements to use data collected
electronically by States and local educational agencies, to
ensure the efficient collection and timely distribution of
information, including data and reports.
(4) Establishing and measuring performance against a set of
indicators for the quality of data collected, analyzed, and
reported.
(5) Continuously improving management strategies and
practices.
(6) Making information available to the public in an
expeditious fashion.
SEC. 186. AUTHORITY TO PUBLISH.
(a) Publication.--The Director may prepare and publish
(including through oral presentation) such research,
statistics (consistent with part C), and evaluation
information and reports from any office, board, committee,
and center of the Institute, as needed to carry out the
priorities and mission of the Institute without the approval
of the Secretary or any other office of the Department.
(b) Advance Copies.--The Director shall provide the
Secretary and other relevant offices with an advance copy of
any information to be published under this section before
publication.
(c) Peer Review.--All research, statistics, and evaluation
reports conducted by, or supported through, the Institute
shall be subjected to rigorous peer review before being
published or otherwise made available to the public.
(d) Items Not Covered.--Nothing in subsections (a), (b), or
(c) shall be construed to apply to--
(1) information on current or proposed budgets,
appropriations, or legislation;
(2) information prohibited from disclosure by law or the
Constitution, classified national security information, or
information described in section 552(b) of title 5, United
States Code; and
(3) review by officers of the United States in order to
prevent the unauthorized disclosure of information described
in paragraph (1) or (2).
SEC. 187. VACANCIES.
Any member appointed to fill a vacancy on the Board
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only
for the remainder of that term. A vacancy in an office,
board, committee, or center of the Institute shall be filled
in the manner in which the original appointment was made.
This section does not apply to employees appointed under
section 188.
SEC. 188. SCIENTIFIC OR TECHNICAL EMPLOYEES.
(a) In General.--The Director may appoint, for terms not to
exceed 6 years (without regard to the provisions of title 5,
United States Code, governing appointment in the competitive
service) and may compensate (without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates)
such scientific or technical employees to carry out the
functions of the Institute or the office, board, committee,
or center, respectively, if--
(1) at least 30 days prior to the appointment of any such
employee, public notice is given of the availability of such
position and an opportunity is provided for qualified
individuals to apply and compete for such position;
(2) the rate of basic pay for such employees does not
exceed the maximum rate of basic pay payable for positions at
GS-15, as determined in accordance with section 5376 of title
5, United States Code, except that not more than 7
individuals appointed under this section may be paid at a
rate that does not exceed the rate of basic pay for level III
of the Executive Schedule;
(3) the appointment of such employee is necessary (as
determined by the Director on the basis of clear and
convincing evidence) to provide the Institute or the office,
board, committee, or center with scientific or technical
expertise which could not otherwise be obtained by the
Institute or the office, board, committee, or center through
the competitive service; and
(4) the total number of such employees does not exceed 40
individuals or \1/5\ of the number of full-time, regular
scientific or professional employees of the Institute,
whichever is greater.
(b) Duties of Employees.--All employees described in
subsection (a) shall work on activities of the Institute or
the office, board, committee, or center, and shall not be
reassigned to other duties outside the Institute or the
office, board, committee, or center during their term.
SEC. 189. FELLOWSHIPS.
In order to strengthen the national capacity to carry out
high-quality research, evaluation, and statistics related to
education, the Director shall establish and maintain
research, evaluation, and statistics fellowships in
institutions of higher education (which may include the
establishment of such fellowships in historically Black
colleges and universities and other institutions of higher
education with large numbers of minority students) that
support graduate and postdoctoral study onsite at the
Institute or at the institution of higher education. In
establishing the fellowships, the Director shall ensure that
women and minorities are actively recruited for
participation.
SEC. 190. VOLUNTARY SERVICE.
The Director may accept voluntary and uncompensated
services to carry out and support activities that are
consistent with the priorities and mission of the Institute.
SEC. 191. RULEMAKING.
Notwithstanding section 437(d) of the General Education
Provisions Act (20 U.S.C. 1232(d)), the exemption for public
property, loans, grants, and benefits in section 553(a)(2) of
title 5, United States Code, shall apply to the Institute.
SEC. 192. COPYRIGHT.
Nothing in this Act shall be construed to affect the
rights, remedies, limitations, or defense under title 17,
United States Code.
SEC. 193. REMOVAL.
(a) Presidential.--The Director, each member of the Board,
and the Commissioner for Education Statistics may be removed
by the President prior to the expiration of the term of each
such appointee.
(b) Director.--Each Commissioner appointed by the Director
pursuant to section 117 may be removed by the Director prior
to the expiration of the term of each such Commissioner.
SEC. 194. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
administer and carry out this title (except section 174)
$400,000,000 for fiscal year 2003 and such sums as may be
necessary for each of the 5 succeeding fiscal years, of
which--
(1) not less than the amount provided to the National
Center for Education Statistics (as such Center was in
existence on the day before the date of enactment of this
Act) for fiscal year 2002 shall be provided to the National
Center for Education Statistics, as authorized under part C;
and
(2) not more than the lesser of 2 percent of such funds or
$1,000,000 shall be made available to carry out section 116
(relating to the National Board for Education Sciences).
(b) Regional Educational Laboratories.--There are
authorized to be appropriated to carry out section 174
$100,000,000 for fiscal year 2003 and such sums as may be
necessary for each of the 5 succeeding fiscal years. Of the
amounts
[[Page H7994]]
appropriated under the preceding sentence for a fiscal year,
the Director shall obligate not less than 25 percent to carry
out such purpose with respect to rural areas (including
schools funded by the Bureau which are located in rural
areas).
(c) Availability.--Amounts made available under this
section shall remain available until expended.
TITLE II--EDUCATIONAL TECHNICAL ASSISTANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Educational Technical
Assistance Act of 2002''.
SEC. 202. DEFINITIONS.
In this title:
(1) In general.--The terms ``local educational agency'' and
``State educational agency'' have the meanings given those
terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 203. COMPREHENSIVE CENTERS.
(a) Authorization.--
(1) In general.--Subject to paragraph (2), beginning in
fiscal year 2004, the Secretary is authorized to award not
less than 20 grants to local entities, or consortia of such
entities, with demonstrated expertise in providing technical
assistance and professional development in reading,
mathematics, science, and technology, especially to low-
performing schools and districts, to establish comprehensive
centers.
(2) Regions.--In awarding grants under paragraph (1), the
Secretary--
(A) shall ensure that not less than 1 comprehensive center
is established in each of the 10 geographic regions served by
the regional educational laboratories established under
section 941(h) of the Educational Research, Development,
Dissemination, and Improvement Act of 1994 (as such provision
existed on the day before the date of enactment of this Act);
and
(B) after meeting the requirements of subparagraph (A),
shall consider, in awarding the remainder of the grants, the
school-age population, proportion of economically
disadvantaged students, the increased cost burdens of service
delivery in areas of sparse population, and the number of
schools identified for school improvement (as described in
section 1116(b) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6316(b)) in the population served by the
local entity or consortium of such entities.
(b) Eligible applicants.--
(1) In general.--Grants under this section may be made with
research organizations, institutions, agencies, institutions
of higher education, or partnerships among such entities, or
individuals, with the demonstrated ability or capacity to
carry out the activities described in subsection (f),
including regional entities that carried out activities under
the Educational Research, Development, Dissemination, and
Improvement Act of 1994 (as such Act existed on the day
before the date of enactment of this Act) and title XIII of
the Elementary and Secondary Education Act of 1965 (as such
title existed on the day before the date of enactment of the
No Child Left Behind Act of 2001 (Public Law 107-110)).
(2) Outreach.--In conducting competitions for grants under
this section, the Secretary shall actively encourage
potential applicants to compete for such awards by making
widely available information and technical assistance
relating to the competition.
(3) Objectives and indicators.--Before awarding a grant
under this section, the Secretary shall design specific
objectives and measurable indicators, using the results of
the assessment conducted under section 206, to be used to
assess the particular programs or initiatives, and ongoing
progress and performance, of the regional entities, in order
to ensure that the educational needs of the region are being
met and that the latest and best research and proven
practices are being carried out as part of school improvement
efforts.
(c) Application.--
(1) Submission.--Each local entity, or consortium of such
entities, seeking a grant under this section shall submit an
application at such time, in such manner, and containing such
additional information as the Secretary may reasonably
require.
(2) Plan.--Each application submitted under paragraph (1)
shall contain a 5-year plan for carrying out the activities
described in this section in a manner that addresses the
priorities established under section 207 and addresses the
needs of all States (and to the extent practicable, of local
educational agencies) within the region to be served by the
comprehensive center, on an ongoing basis.
(d) Allocation.--Each comprehensive center established
under this section shall allocate such center's resources to
and within each State in a manner which reflects the need for
assistance, taking into account such factors as the
proportion of economically disadvantaged students, the
increased cost burden of service delivery in areas of sparse
populations, and any special initiatives being undertaken by
State, intermediate, local educational agencies, or Bureau-
funded schools, as appropriate, which may require special
assistance from the center.
(e) Scope of Work.--Each comprehensive center established
under this section shall work with State educational
agencies, local educational agencies, regional educational
agencies, and schools in the region where such center is
located on school improvement activities that take into
account factors such as the proportion of economically
disadvantaged students in the region, and give priority to--
(1) schools in the region with high percentages or numbers
of students from low-income families, as determined under
section 1113(a)(5) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6313(a)(5)), including such schools in
rural and urban areas, and schools receiving assistance under
title I of that Act (20 U.S.C. 6301 et seq.);
(2) local educational agencies in the region in which high
percentages or numbers of school-age children are from low-
income families, as determined under section 1124(c)(1)(A) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6333(c)(1)(A)), including such local educational agencies in
rural and urban areas; and
(3) schools in the region that have been identified for
school improvement under section 1116(b) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6316(b)).
(f) Activities.--
(1) In general.--A comprehensive center established under
this section shall support dissemination and technical
assistance activities by--
(A) providing training, professional development, and
technical assistance regarding, at a minimum--
(i) the administration and implementation of programs under
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.);
(ii) the use of scientifically valid teaching methods and
assessment tools for use by teachers and administrators in,
at a minimum--
(I) the core academic subjects of mathematics, science, and
reading or language arts;
(II) English language acquisition; and
(III) education technology; and
(iii) the facilitation of communication between education
experts, school officials, teachers, parents, and librarians,
as appropriate; and
(B) disseminating and providing information, reports, and
publications that are usable for improving academic
achievement, closing achievement gaps, and encouraging and
sustaining school improvement (as described in section
1116(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6316(b))), to schools, educators, parents, and
policymakers within the region in which the center is
located; and
(C) developing teacher and school leader inservice and
preservice training models that illustrate best practices in
the use of technology in different content areas.
(2) Coordination and collaboration.--Each comprehensive
center established under this section shall coordinate its
activities, collaborate, and regularly exchange information
with the regional educational laboratory in the region in
which the center is located, the National Center for
Education Evaluation and Regional Assistance, the Office of
the Secretary, the State service agency, and other technical
assistance providers in the region.
(g) Comprehensive Center Advisory Board.--
(1) Establishment.--Each comprehensive center established
under this section shall have an advisory board that shall
support the priorities of such center.
(2) Duties.--Each advisory board established under
paragraph (1) shall advise the comprehensive center--
(A) concerning the activities described in subsection (d);
(B) on strategies for monitoring and addressing the
educational needs of the region, on an ongoing basis;
(C) on maintaining a high standard of quality in the
performance of the center's activities; and
(D) on carrying out the center's duties in a manner that
promotes progress toward improving student academic
achievement.
(3) Composition.--
(A) In general.--Each advisory board shall be composed of--
(i) the chief State school officers, or such officers'
designees or other State officials, in each State served by
the comprehensive center who have primary responsibility
under State law for elementary and secondary education in the
State; and
(ii) not more than 15 other members who are representative
of the educational interests in the region served by the
comprehensive center and are selected jointly by the
officials specified in clause (i) and the chief executive
officer of each State served by the comprehensive center,
including the following:
(I) Representatives of local educational agencies and
regional educational agencies, including representatives of
local educational agencies serving urban and rural areas.
(II) Representatives of institutions of higher education.
(III) Parents.
(IV) Practicing educators, including classroom teachers,
principals, and administrators.
(V) Representatives of business.
(VI) Policymakers, expert practitioners, and researchers
with knowledge of, and experience using, the results of
research, evaluation, and statistics.
(B) Special rule.--In the case of a State in which the
chief executive officer has the primary responsibility under
State law for elementary and secondary education in the
State, the chief executive officer shall consult, to the
extent permitted by State law, with the State educational
agency in selecting additional members of the board under
subparagraph (A)(i).
(h) Report to Secretary.--Each comprehensive center
established under this section shall submit to the Secretary
an annual report, at such time, in such manner, and
containing such information as the Secretary may require,
which shall include the following:
(1) A summary of the comprehensive center's activities
during the preceding year
(2) A listing of the States, local educational agencies,
and schools the comprehensive center assisted during the
preceding year.
SEC. 204. EVALUATIONS.
The Secretary shall provide for ongoing independent
evaluations by the National Center for
[[Page H7995]]
Education Evaluation and Regional Assistance of the
comprehensive centers receiving assistance under this title,
the results of which shall be transmitted to the appropriate
congressional committees and the Director of the Institute of
Education Sciences. Such evaluations shall include an
analysis of the services provided under this title, the
extent to which each of the comprehensive centers meets the
objectives of its respective plan, and whether such services
meet the educational needs of State educational agencies,
local educational agencies, and schools in the region.
SEC. 205. EXISTING TECHNICAL ASSISTANCE PROVIDERS.
The Secretary shall continue awards for the support of the
Eisenhower Regional Mathematics and Science Education
Consortia established under part M of the Educational
Research, Development, Dissemination, and Improvement Act of
1994 (as such part existed on the day before the date of
enactment of this Act), the Regional Technology in Education
Consortia under section 3141 of the Elementary and Secondary
Education Act of 1965 (as such section existed on the day
before the date of enactment of the No Child Left Behind Act
of 2001 (Public Law 107-110)), and the Comprehensive Regional
Assistance Centers established under part K of the
Educational Research, Development, Dissemination, and
Improvement Act of 1994 (as such part existed on the day
before the date of enactment of this Act), in accordance with
the terms of such awards, until the comprehensive centers
authorized under section 203 are established.
SEC. 206. REGIONAL ADVISORY COMMITTEES.
(a) Establishment.--Beginning in 2004, the Secretary shall
establish a regional advisory committee for each region
described in section 174(b) of the Education Sciences Reform
Act of 2002.
(b) Membership.--
(1) Composition.--The membership of each regional advisory
committee shall--
(A) not exceed 25 members;
(B) contain a balanced representation of States in the
region; and
(C) include not more than one representative of each State
educational agency geographically located in the region.
(2) Eligibility.--The membership of each regional advisory
committee may include the following:
(A) Representatives of local educational agencies,
including rural and urban local educational agencies.
(B) Representatives of institutions of higher education,
including individuals representing university-based education
research and university-based research on subjects other than
education.
(C) Parents.
(D) Practicing educators, including classroom teachers,
principals, administrators, school board members, and other
local school officials.
(E) Representatives of business.
(F) Researchers.
(3) Recommendations.--In choosing individuals for
membership on a regional advisory committee, the Secretary
shall consult with, and solicit recommendations from, the
chief executive officers of States, chief State school
officers, and education stakeholders within the applicable
region.
(4) Special rule.--
(A) Total number.--The total number of members on each
committee who are selected under subparagraphs (A), (C), and
(D) of paragraph (2), collectively, shall exceed the total
number of members who are selected under paragraph (1)(C) and
subparagraphs (B), (E), and (F) of paragraph (2),
collectively.
(B) Dissolution.--Each regional advisory committee shall be
dissolved by the Secretary after submission of such
committee's report described in subsection (c)(2) to the
Secretary, but each such committee may be reconvened at the
discretion of the Secretary.
(c) Duties.--Each regional advisory committee shall advise
the Secretary on the following:
(1) An educational needs assessment of its region (using
the results of the assessment conducted under subsection
(d)), in order to assist in making decisions regarding the
regional educational priorities.
(2) Not later than 6 months after the committee is first
convened, a report based on the assessment conducted under
subsection (d).
(d) Regional Assessments.--Each regional advisory committee
shall--
(1) assess the educational needs within the region to be
served;
(2) in conducting the assessment under paragraph (1), seek
input from chief executive officers of States, chief State
school officers, educators, and parents (including through a
process of open hearings to solicit the views and needs of
schools (including public charter schools), teachers,
administrators, members of the regional educational
laboratory governing board, parents, local educational
agencies, librarians, businesses, State educational agencies,
and other customers (such as adult education programs) within
the region) regarding the need for the activities described
in section 174 of the Education Sciences Reform Act of 2002
and section 203 of this title and how those needs would be
most effectively addressed; and
(3) submit the assessment to the Secretary and to the
Director of the Academy of Education Sciences, at such time,
in such manner, and containing such information as the
Secretary may require.
SEC. 207. PRIORITIES.
The Secretary shall establish priorities for the regional
educational laboratories (established under section 174 of
the Education Sciences Reform Act of 2002) and comprehensive
centers (established under section 203 of this title) to
address, taking onto account the regional assessments
conducted under section 206 and other relevant regional
surveys of educational needs, to the extent the Secretary
deems appropriate.
SEC. 208. GRANT PROGRAM FOR STATEWIDE, LONGITUDINAL DATA
SYSTEMS.
(a) Grants Authorized.--The Secretary is authorized to
award grants, on a competitive basis, to State educational
agencies to enable such agencies to design, develop, and
implement statewide, longitudinal data systems to efficiently
and accurately manage, analyze, disaggregate, and use
individual student data, consistent with the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
(b) Applications.--Each State educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require.
(c) Awarding of Grants.--In awarding grants under this
section, the Secretary shall use a peer review process that--
(1) ensures technical quality (including validity and
reliability), promotes linkages across States, and protects
student privacy consistent with section 183;
(2) promotes the generation and accurate and timely use of
data that is needed--
(A) for States and local educational agencies to comply
with the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) and other reporting requirements and
close achievement gaps; and
(B) to facilitate research to improve student academic
achievement and close achievement gaps; and
(3) gives priority to applications that meet the voluntary
standards and guidelines described in section 153(a)(5).
(d) Supplement Not Supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other State or local funds used for developing State data
systems.
(e) Report.--Not later than 1 year after the date of
enactment of the Educational Technical Assistance Act of
2002, and again 3 years after such date of enactment, the
Secretary, in consultation with the National Academies
Committee on National Statistics, shall make publicly
available a report on the implementation and effectiveness of
Federal, State, and local efforts related to the goals of
this section, including--
(1) identifying and analyzing State practices regarding the
development and use of statewide, longitudinal data systems;
(2) evaluating the ability of such systems to manage
individual student data consistent with the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.),
promote linkages across States, and protect student privacy
consistent with section 183; and
(3) identifying best practices and areas for improvement.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title $80,000,000 for fiscal year 2003 and such sums as may
be necessary for each of the 5 succeeding fiscal years.
TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
SEC. 301. SHORT TITLE.
This title may be referred to as the ``National Assessment
of Educational Progress Authorization Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) The term ``Director'' means the Director of the
Institute of Education Sciences.
(2) The term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated--
(1) for fiscal year 2003--
(A) $4,600,000 to carry out section 302, as amended by
section 401 of this Act (relating to the National Assessment
Governing Board); and
(B) $107,500,000 to carry out section 303, as amended by
section 401 of this Act (relating to the National Assessment
of Educational Progress); and
(2) such sums as may be necessary for each of the 5
succeeding fiscal years to carry out sections 302 and 303, as
amended by section 401 of this Act.
(b) Availability.--Amounts made available under this
section shall remain available until expended.
TITLE IV--AMENDATORY PROVISIONS
SEC. 401. REDESIGNATIONS.
(a) Confidentiality.--Section 408 of the National Education
Statistics Act of 1994 (20 U.S.C. 9007) is amended--
(1) by striking ``center'', ``Center'', and
``Commissioner'' each place any such term appears and
inserting ``Director'';
(2) in subsection (a)(2)(A), by striking ``statistical
purpose'' and inserting ``research, statistics, or evaluation
purpose under this title'';
(3) by striking subsection (b)(1) and inserting the
following:
``(1) In general.--
``(A) Disclosure.--No Federal department, bureau, agency,
officer, or employee and no recipient of a Federal grant,
contract, or cooperative agreement may, for any reason,
require the Director, any Commissioner of a National
Education Center, or any other employee of the Institute to
disclose individually identifiable information that has been
collected or retained under this title.
``(B) Immunity.--Individually identifiable information
collected or retained under this title shall be immune from
legal process and shall
[[Page H7996]]
not, without the consent of the individual concerned, be
admitted as evidence or used for any purpose in any action,
suit, or other judicial or administrative proceeding.
``(C) Application.--This paragraph does not apply to
requests for individually identifiable information submitted
by or on behalf of the individual identified in the
information.'';
(4) in paragraphs (2) and (6) of subsection (b), by
striking ``subsection (a)(2)'' each place such term appears
and inserting ``subsection (c)(2)'';
(5) in paragraphs (3) and (7) of subsection (b), by
striking ``Center's'' each place such term appears and
inserting ``Director's''; and
(6) by striking the section heading and transferring all
the subsections (including subsections (a) through (c)) and
redesignating such subsections as subsections (c) through
(e), respectively, at the end of section 183 of this Act.
(b) Conforming Amendment.--Sections 302 and 303 of this Act
are redesignated as sections 304 and 305, respectively.
(c) National Assessment Governing Board.--Section 412 of
the National Education Statistics Act of 1994 (20 U.S.C.
9011) is amended--
(1) in subsection (a)--
(A) by striking ``referred to as the `Board' '' and
inserting ``referred to as the `Assessment Board' ''; and
(B) by inserting ``(carried out under section 303)'' after
``for the National Assessment'';
(2) by striking ``Board'' each place such term appears
(other than in subsection (a)) and inserting ``Assessment
Board'';
(3) by striking ``Commissioner'' each place such term
appears and inserting ``Commissioner for Education
Statistics'';
(4) in subsection (b)(2)--
(A) by striking ``Assistant secretary for educational
research'' in the heading and inserting ``Director of the
institute of education sciences''; and
(B) by striking ``Assistant Secretary for Educational
Research and Improvement'' and inserting ``Director of the
Institute of Education Sciences'';
(5) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``section 411(b)'' and
inserting ``section 303(b)'';
(ii) in subparagraph (B), by striking ``section 411(e)''
and inserting ``section 303(e)'';
(iii) in subparagraph (E), by striking ``, including the
Advisory Council established under section 407'';
(iv) in subparagraphs (F) and (I), by striking ``section
411'' each place such term appears and inserting ``section
303'';
(v) in subparagraph (H), by striking ``and'' after the
semicolon;
(vi) in subparagraph (I), by striking the period at the end
and inserting ``; and''; and
(vii) by inserting at the end the following:
``(J) plan and execute the initial public release of
National Assessment of Educational Progress reports.
The National Assessment of Educational Progress data shall
not be released prior to the release of the reports described
in subparagraph (J).'';
(B) in paragraph (5), by striking ``and the Advisory
Council on Education Statistics''; and
(C) in paragraph (6), by striking ``section 411(e)'' and
inserting ``section 303(e)''; and
(6) by transferring and redesignating the section as
section 302 (following section 301) of title III of this Act.
(d) National Assessment of Educational Progress.--Section
411 of the National Education Statistics Act of 1994 (20
U.S.C. 9010) is amended--
(1) by striking ``Commissioner'' each place such term
appears and inserting ``Commissioner for Education
Statistics'';
(2) by striking ``National Assessment Governing Board'' and
``National Board'' each place either such term appears and
inserting ``Assessment Board'';
(3) in subsection (a)--
(A) by striking ``section 412'' and inserting ``section
302''; and
(B) by striking ``and with the technical assistance of the
Advisory Council established under section 407,'';
(4) in subsection (b)--
(A) in paragraph (1), by inserting ``of'' after ``academic
achievement and reporting'';
(B) in paragraph (3)(A)--
(i) in clause (i), by striking ``paragraphs (1)(B) and
(1)(E)'' and inserting ``paragraphs (2)(B) and (2)(E)'';
(ii) in clause (ii), by striking ``paragraph (1)(C)'' and
inserting ``paragraph (2)(C)''; and
(iii) in clause (iii), by striking ``paragraph (1)(D)'' and
inserting ``paragraph (2)(D)''; and
(C) in paragraph (5), by striking ``(c)(2)'' and inserting
``(c)(3)'';
(5) in subsection (c)(2)(D), by striking ``subparagraph
(B)'' and inserting ``subparagraph (C)'';
(6) in subsection (e)(4), by striking ``subparagraph
(2)(C)'' and inserting ``paragraph (2)(C) of such
subsection'';
(7) in subsection (f)(1)(B)(iv), by striking ``section
412(e)(4)'' and inserting ``section 302(e)(4)''; and
(8) by transferring and redesignating the section as
section 303 (following section 302) of title III of this Act.
(e) Table of Contents Amendment.--The items relating to
title III in the table of contents of this Act, as amended by
section 401 of this Act, are amended to read as follows:
``TITLE III--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
``Sec. 301. Short title.
``Sec. 302. National Assessment Governing Board.
``Sec. 303. National Assessment of Educational Progress.
``Sec. 304. Definitions.
``Sec. 305. Authorization of appropriations.''.
SEC. 402. AMENDMENTS TO DEPARTMENT OF EDUCATION ORGANIZATION
ACT.
The Department of Education Organization Act (20 U.S.C.
3401 et seq.) is amended--
(1) by striking section 202(b)(4) and inserting the
following:
``(4) There shall be in the Department a Director of the
Institute of Education Sciences who shall be appointed in
accordance with section 114(a) of the Education Sciences
Reform Act of 2002 and perform the duties described in that
Act.'';
(2) by striking section 208 and inserting the following:
``institute of education sciences
``Sec. 208. There shall be in the Department of Education
the Institute of Education Sciences, which shall be
administered in accordance with the Education Sciences Reform
Act of 2002 by the Director appointed under section 114(a) of
that Act.''; and
(3) by striking the item relating to section 208 in the
table of contents in section 1 and inserting the following:
``Sec. 208. Institute of Education Sciences.''.
SEC. 403. REPEALS.
The following provisions of law are repealed:
(1) The National Education Statistics Act of 1994 (20
U.S.C. 9001 et seq.).
(2) Parts A through E and K through N of the Educational
Research, Development, Dissemination, and Improvement Act of
1994 (title IX of the Goals 2000: Educate America Act) (20
U.S.C. 6001 et seq.).
(3) Section 401(b)(2) of the Department of Education
Organization Act (20 U.S.C. 3461(b)(2)).
SEC. 404. CONFORMING AND TECHNICAL AMENDMENTS.
(a) Goals 2000: Educate America Act.--The table of contents
in section 1(b) of the Goals 2000: Educate America Act (20
U.S.C. 5801 note) is amended by striking the items relating
to parts A through E of title IX (including the items
relating to sections within those parts).
(b) Title 5, United States Code.--Section 5315 of title 5,
United States Code, is amended by striking the following:
``Commissioner, National Center for Education
Statistics.''.
(c) General Education Provisions Act.--Section 447(b) of
the General Education Provisions Act (20 U.S.C. 1232j(b)) is
amended by striking ``section 404(a)(6) of the National
Education Statistics Act of 1994 (20 U.S.C. 9003(a)(6))'' and
inserting ``section 153(a)(6) of the Education Sciences
Reform Act of 2002''.
(d) Elementary and Secondary Education Act of 1965.--The
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.) is amended as follows:
(1) Section 1111(c)(2) is amended by striking ``section
411(b)(2) of the National Education Statistics Act of 1994''
and inserting ``section 303(b)(2) of the National Assessment
of Educational Progress Authorization Act''.
(2) Section 1112(b)(1)(F) is amended by striking ``section
411(b)(2) of the National Education Statistics Act of 1994''
and inserting ``section 303(b)(2) of the National Assessment
of Educational Progress Authorization Act''.
(3) Section 1117(a)(3) is amended--
(A) by inserting ``(as such section existed on the day
before the date of enactment of the Education Sciences Reform
Act of 2002)'' after ``Act of 1994''; and
(B) by inserting ``regional educational laboratories
established under part E of the Education Sciences Reform Act
of 2002 and comprehensive centers established under the
Educational Technical Assistance Act of 2002 and'' after
``assistance from''.
(4) Section 1501(a)(3) is amended by striking ``section 411
of the National Education Statistics Act of 1994'' and
inserting ``section 303 of the National Assessment of
Educational Progress Authorization Act''.
(5) The following provisions are each amended by striking
``Office of Educational Research and Improvement'' and
inserting ``Institute of Education Sciences'':
(A) Section 3222(a) (20 U.S.C. 6932(a)).
(B) Section 3303(1) (20 U.S.C. 7013(1)).
(C) Section 5464(e)(1) (20 U.S.C. 7253c(e)(1)).
(D) Paragraphs (1) and (2) of section 5615(d) (20 U.S.C.
7283d(d)).
(E) Paragraphs (1) and (2) of section 7131(c) (20 U.S.C.
7451(c)).
(6) Paragraphs (1) and (2) of section 5464(e) (20 U.S.C.
7253c(e)) are each amended by striking ``such Office'' and
inserting ``such Institute''.
(7) Section 5613 (20 U.S.C. 7283b) is amended--
(A) in subsection (a)(5), by striking ``Assistant Secretary
of the Office of Educational Research and Improvement'' and
inserting ``Director of the Institute of Education
Sciences''; and
(B) in subsection (b)(2)(B), by striking ``research
institutes of the Office of Educational Research and
Improvement'' and inserting ``National Education Centers of
the Institute of Education Sciences''.
(8) Sections 5615(d)(1) and 7131(c)(1) (20 U.S.C.
7283d(d)(1), 7451(c)(1)) are each amended by striking ``by
the Office'' and inserting ``by the Institute''.
(9) Section 9529(b) is amended by striking ``section
404(a)(6) of the National Education Statistics Act of 1994''
and inserting ``section 153(a)(5) of the Education Sciences
Reform Act of 2002''.
(e) School-to-Work Opportunities Act of 1994.--Section 404
of the School-to-Work Opportunities Act of 1994 (20 U.S.C.
6194) is amended by inserting ``(as such Act existed on the
day before the date of enactment of the Education Sciences
Reform Act of 2002)'' after ``Act of 1994''.
SEC. 405. ORDERLY TRANSITION.
The Secretary of Education shall take such steps as are
necessary to provide for the orderly
[[Page H7997]]
transition to, and implementation of, the offices, boards,
committees, and centers (and their various functions and
responsibilities) established or authorized by this Act, and
by the amendments made by this Act, from those established or
authorized by the Educational Research, Development,
Dissemination, and Improvement Act of 1994 (20 U.S.C. 6001 et
seq.) and the National Education Statistics Act of 1994 (20
U.S.C. 9001 et seq.).
SEC. 406. IMPACT AID.
(a) Payments for Federally Connected Children.--Section
8003(b)(2)(C)(i)(II)(bb) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(B)(2)(c)(i)(II)(bb)) is
amended to read as follows:
``(bb) for a local educational agency that has a total
student enrollment of less than 350 students, has a per-pupil
expenditure that is less than the average per-pupil
expenditure of a comparable local education agency or three
comparable local educational agencies in the State in which
the local educational agency is located; and''.
(b) Effective Date.--The amendment made by section 406(a)
shall be effective on September 30, 2001, and shall apply
with respect to fiscal year 2001, and all subsequent fiscal
years.
(c) Bonesteel-Fairfax School District.--The Secretary of
Education shall deem the local educational agency serving the
Bonesteel-Fairfax school district, 26-5, in Bonesteel, South
Dakota, as eligible in fiscal year 2003 for a basic support
payment for heavily impacted local educational agencies under
section 8003(b)(2) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703(b)(2)).
(d) Central School District.--Notwithstanding any other
provision of law, the Secretary of Education shall treat as
timely filed an application filed by Central School District,
Sequoyah County, Oklahoma, for payment for federally
connected students for fiscal year 2003, pursuant to section
8003 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7703), and shall process such application for
payment, if the Secretary has received such application not
later than 30 days after the date of enactment of this Act.
Mr. Castle. Mr. Speaker, nearly three years ago, I introduced
legislation to transform the Department of Education's Office of
Educational Reform and Improvement (OERI) into a streamlined, more
independent and more scientific ``Institute of Education Sciences.''
Today, nearly six months after the House of Representatives passed the
bill unanimously, we are poised enact long-overdue reforms to ensure
that education research is based on science, not fads or fiction.
This year, President Bush signed landmark education reforms into law,
demanding new and more challenging standards of accountability from our
states and improved student achievement from our schools. Recognizing
that any successful education reform effort requires the best
information on how children learn, the words ``scientifically based
research'' appear more than 100 times in the new law.
The reason for the focus on ``scientific'' research is simple:
educators need to know what works if they are to improve student
achievement. For that reason, among other things, H.R. 3801:
Replaces OERI with a new, streamlined National Institute of Education
Science;
Insulates federal research, evaluations and statistics from
inappropriate partisan or political influences;
Ensures high quality standards;
Creates a ``culture of science'' by allowing the Director to attract
the best researchers, evaluators and statisticians to the Institute;
and,
Ensures that technical assistance is responsive to the needs of
states and schools.
If we are to lift those who are struggling to achieve proficiency in
reading, math and science, we must expect scientific rigor. And we must
ensure that `what works' in education informs classroom practice. My
legislation helps accomplish these important goals.
As there will be no conference report to accompany H.R. 3801, I would
like to take this opportunity to clarify our intent in a few areas. The
comprehensive centers under this Act will provide essential technical
assistance and professional development to help our states and schools
advance the goals of the No Child Left Behind Act. It is our intent
that the reference to ``local entities'' or ``consortia of such
entities'' in section 203 include regional educational agencies as
among those eligible to receive grants. As my colleague, Mr. McKeon,
has informed me, the state of California has a consortium of eight
regional offices of education that provide hands-on technical
assistance and professional development directly to schools in Southern
California. It is our intent that the regional offices of education
will continue to be eligible to participate in our improved structure.
Also, I would like to clarify the intent of Section 117(d), regarding
the supervision and removal authority of the Director. This section
does not mean that the NCES Commissioner operates independently of the
Director of the Institute. In fact, the Statistics Commissioner is an
officer of the government and has the authority to fulfill the duties
stipulated in section 154 and section 155 of the bill, such as the
authority to enter into contracts and the authority to supervise the
technical work of the Statistics Center. However, since NCES is a part
of the Institute it, along with the other National Education Centers,
is ultimately subject to the oversight of the Director of the
Institute.
Finally, this legislation would not have been possible without the
hard work of members on both sides of the aisle and both chambers of
Congress. In particular, I want to thank the full Committee Chairman
John Boehner, Rankiing Member George Miller and by Subcommittee Ranking
Member Dale Kildee as well as Chairman Kennedy and Ranking Member Gregg
for their assistance and their strong support throughout this process.
I also want to thank Secretary Paige, Assistant Secretary Russ
Whitehurst and the staff at the Department, whose counsel and technical
expertise were invaluable.
Last, but certainly not least, I want to thank the staff who put in
countless hours to get this legislation right--Doug Mesecar, Bob Sweet,
Sally Lovejoy, Alex Nock, Denise Forte, Jane Oates, Tracy Locklin, and
Denzel McGuire. They all deserve our thanks and appreciation for
improving our system of education for the better.
Mr. BOEHNER. Mr. Speaker, the time for final passage of the
reauthorization of the Office of Education Research and Improvement
(OERI) has come. The Senate and the House have agreed on the language
of the bill, and both houses, on a bipartisan, bicameral basis have
agreed to vote on it before we adjourn.
My colleagues, Mr. Castle, Mr. Kildee, and Mr. Miller in the House,
and Senators Kennedy and Gregg deserve a great deal of credit for
moving the Education Sciences Reform Act of 2002 and finally bringing
the bill to a final vote. Without the leadership and determination of
these gentlemen, it wouldn't have happened this year.
Providing high quality, scientifically based education research is
vital if we are to improve our nation's schools and help every child
receive a quality education. The Education Sciences Reform Act of 2002
ensures such research will occur. In addition, it provides for
technical assistance to states, school districts, and schools that is
accountable, customer-driven, and focused on the implementation of the
No Child Left Behind Act. Let me emphasize that the reforms in this
bill will greatly assist in helping the No Child Left Behind Act
successfully transform and reform our schools.
Some of the reforms that have been included in this bill are
significant and will offer the opportunity for a new ``culture of
science'' to develop in federal research, evaluation and statistics.
Let me describe just a few. The bill:
Requires Scientifically Based Research--Research that can't or won't
meet these standards will be ineligible for federal funds. This means
scientific experiments will help ensure that schools do not waste
scarce resources on ineffective programs and methods of instruction.
Focuses the Research, Evaluation and Statistics Activities of the
Department--The bill ensures that the new Institute of Education
Sciences is responsible for research, evaluation and statistics
activities only. It will no longer administer grant programs, which
dilute the focus of the Institute.
Eliminates Bureaucracy--The bill eliminates the five National
Research Institutes, which were supposed to organize and support
education research in specific areas but never did.
Guards Against Partisan or Political Activities--The decision-makers
in charge of research, statistics and evaluation are required to be
highly qualified in their respective fields, ensuring that scientists--
not politicians--will be in charge. Also, these scientists must ensure
that all activities at the Institute are free from bias and political
influence.
Expands Competition--The bill expands competition to allow other
research entities, such as public or private, profit or nonprofit
research organizations, to compete for federal funds. The Director has
the flexibility to award contracts and grants to those entities that
meet the priorities and the standards of the Institute.
Helps States and Schools--The bill specifically asks those
responsible for technical assistance to focus on helping states and
schools implement education reforms, especially as they relate to the
No Child Left Behind Act.
I also want to highlight a provision included in this legislation to
support states in developing longitudinal data systems. As schools,
districts, and states work to collect, disaggregate, and analyze the
data that No Child Left Behind requires, especially as they use that
data to determine which schools and districts are making adequate
yearly progress, it is critical that states have an adequate mechanism
in place to monitor the academic achievement of students from year to
year, and this bill can help ensure that states have the data they need
to ensure accountability for results.
This legislation allows the Secretary to make grants to states for
the development of
[[Page H7998]]
statewide, longitudinal data systems. The intent of this program is to
help states with their ongoing efforts to develop such a system, as
needed. In some cases that may mean a state is starting from scratch.
In others, a state that already has a data system in place at the
district or school level may be assisted. I would encourage those
states currently working, either on their own or with high quality
organizations, to improve their data systems to apply for assistance
under this provision.
Different school districts often use different systems of data
collection. This language would allow a state to build a statewide,
longitudinal data system that is comprised of diverse systems at the
district and local level, so long as the data was collected at the
state level in a consistent format.
Mr. Speaker, we have worked closely with the President and the
Administration as we have developed this bill, and have their support
for its final passage.
And once again, I thank my colleagues, Mr. Castle, Mr. Miller, Mr.
Kildee, and Senators Gregg and Kennedy for making this bipartisan
process work. We have continued the good relationship we had during the
yearlong work on the No Child Left Behind Act. I am hopeful that we
have set a new tone and a new example in Congress. Even in an election
year, the approval by both the House and the Senate of the Education
Sciences Reform Act of 2002 demonstrates once again that we can do
great things when we work together.
The staff of both the House and Senate Committees is to be commended
for their hard work too. Thank you, on both sides of the aisle and both
sides of the Hill, for your outstanding work on this important
legislation. I urge my Colleagues to vote aye and pass this bill.
Concurred in Senate Amendment
H.R. 4015, to amend title 38, United States Code, to revise and
improve employment, training, and placement services furnished to
veterans, and for other purposes.
Senate amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES
CODE.
(a) Short Title.--This Act may be cited as the ``Jobs for
Veterans Act''.
(b) References to Title 38, United States Code.--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 title 38, United States Code.
SEC. 2. PRIORITY OF SERVICE FOR VETERANS IN DEPARTMENT OF
LABOR JOB TRAINING PROGRAMS.
(a) Veterans' Job Training Assistance.--(1) Chapter 42 is
amended by adding at the end the following new section:
``Sec. 4215. Priority of service for veterans in Department
of Labor job training programs
``(a) Definitions.--In this section:
``(1) The term `covered person' means any of the following
individuals:
``(A) A veteran.
``(B) The spouse of any of the following individuals:
``(i) Any veteran who died of a service-connected
disability.
``(ii) Any member of the Armed Forces serving on active
duty who, at the time of application for assistance under
this section, is listed, pursuant to section 556 of title 37
and regulations issued thereunder, by the Secretary concerned
in one or more of the following categories and has been so
listed for a total of more than 90 days: (I) missing in
action, (II) captured in line of duty by a hostile force, or
(III) forcibly detained or interned in line of duty by a
foreign government or power.
``(iii) Any veteran who has a total disability resulting
from a service-connected disability.
``(iv) Any veteran who died while a disability so evaluated
was in existence.
``(2) The term `qualified job training program' means any
workforce preparation, development, or delivery program or
service that is directly funded, in whole or in part, by the
Department of Labor and includes the following:
``(A) Any such program or service that uses technology to
assist individuals to access workforce development programs
(such as job and training opportunities, labor market
information, career assessment tools, and related support
services).
``(B) Any such program or service under the public
employment service system, one-stop career centers, the
Workforce Investment Act of 1998, a demonstration or other
temporary program, and those programs implemented by States
or local service providers based on Federal block grants
administered by the Department of Labor.
``(C) Any such program or service that is a workforce
development program targeted to specific groups.
``(3) The term `priority of service' means, with respect to
any qualified job training program, that a covered person
shall be given priority over nonveterans for the receipt of
employment, training, and placement services provided under
that program, notwithstanding any other provision of law.
``(b) Entitlement to Priority of Service.--(1) A covered
person is entitled to priority of service under any qualified
job training program if the person otherwise meets the
eligibility requirements for participation in such program.
``(2) The Secretary of Labor may establish priorities among
covered persons for purposes of this section to take into
account the needs of disabled veterans and special disabled
veterans, and such other factors as the Secretary determines
appropriate.
``(c) Administration of Programs at State and Local
Levels.--An entity of a State or a political subdivision of
the State that administers or delivers services under a
qualified job training program shall--
``(1) provide information and priority of service to
covered persons regarding benefits and services that may be
obtained through other entities or service providers; and
``(2) ensure that each covered person who applies to or who
is assisted by such a program is informed of the employment-
related rights and benefits to which the person is entitled
under this section.
``(d) Addition to Annual Report.--In the annual report
required under section 4107(c) of this title for the program
year beginning in 2003 and each subsequent program year, the
Secretary of Labor shall evaluate whether covered persons are
receiving priority of service and are being fully served by
qualified job training programs, and whether the
representation of veterans in such programs is in proportion
to the incidence of representation of veterans in the labor
market, including within groups that the Secretary may
designate for priority under such programs, if any.''.
(2) The table of sections at the beginning of chapter 42 is
amended by inserting after the item relating to section 4214
the following new item:
``4215. Priority of service for veterans in Department of Labor job
training programs.''.
(b) Employment of Veterans With Respect to Federal
Contracts.--(1) Section 4212(a) is amended to read as
follows:
``(a)(1) Any contract in the amount of $100,000 or more
entered into by any department or agency of the United States
for the procurement of personal property and nonpersonal
services (including construction) for the United States,
shall contain a provision requiring that the party
contracting with the United States take affirmative action to
employ and advance in employment qualified covered veterans.
This section applies to any subcontract in the amount of
$100,000 or more entered into by a prime contractor in
carrying out any such contract.
``(2) In addition to requiring affirmative action to employ
such qualified covered veterans under such contracts and
subcontracts and in order to promote the implementation of
such requirement, the Secretary of Labor shall prescribe
regulations requiring that--
``(A) each such contractor for each such contract shall
immediately list all of its employment openings with the
appropriate employment service delivery system (as defined in
section 4101(7) of this title), and may also list such
openings with one-stop career centers under the Workforce
Investment Act of 1998, other appropriate service delivery
points, or America's Job Bank (or any additional or
subsequent national electronic job bank established by the
Department of Labor), except that the contractor may exclude
openings for executive and senior management positions and
positions which are to be filled from within the contractor's
organization and positions lasting three days or less;
``(B) each such employment service delivery system shall
give such qualified covered veterans priority in referral to
such employment openings; and
``(C) each such employment service delivery system shall
provide a list of such employment openings to States,
political subdivisions of States, or any private entities or
organizations under contract to carry out employment,
training, and placement services under chapter 41 of this
title.
``(3) In this section:
``(A) The term `covered veteran' means any of the following
veterans:
``(i) Disabled veterans.
``(ii) Veterans who served on active duty in the Armed
Forces during a war or in a campaign or expedition for which
a campaign badge has been authorized.
``(iii) Veterans who, while serving on active duty in the
Armed Forces, participated in a United States military
operation for which an Armed Forces service medal was awarded
pursuant to Executive Order 12985 (61 Fed. Reg. 1209).
``(iv) Recently separated veterans.
``(B) The term `qualified', with respect to an employment
position, means having the ability to perform the essential
functions of the position with or without reasonable
accommodation for an individual with a disability.''.
(2)(A) Section 4212(c) is amended--
(i) by striking ``suitable''; and
(ii) by striking ``subsection (a)(2) of this section'' and
inserting ``subsection (a)(2)(B)''.
(B) Section 4212(d)(1) is amended--
(i) in the matter preceding subparagraph (A), by striking
``of this section'' after ``subsection (a)''; and
(ii) by amending subparagraphs (A) and (B) to read as
follows:
``(A) the number of employees in the workforce of such
contractor, by job category and hiring location, and the
number of such employees, by job category and hiring
location, who are qualified covered veterans;
``(B) the total number of new employees hired by the
contractor during the period covered by the report and the
number of such employees who are qualified covered veterans;
and''.
(C) Section 4212(d)(2) is amended by striking ``of this
subsection'' after ``paragraph (1)''.
(D) Section 4211(6) is amended by striking ``one-year
period'' and inserting ``three-year period''.
(3) The amendments made by this subsection shall apply with
respect to contracts entered
[[Page H7999]]
into on or after the first day of the first month that begins
12 months after the date of the enactment of this Act.
(c) Employment Within the Federal Government.--(1) Section
4214(a)(1) is amended--
(A) in the first sentence, by striking ``life'' and all
that follows and inserting ``life.''; and
(B) in the second sentence, by striking ``major'' and
inserting ``uniquely qualified''.
(2) Section 4214(b) is amended--
(A) in paragraph (1), by striking ``readjustment'' and
inserting ``recruitment'';
(B) in paragraph (2), by striking ``to--'' and all that
follows through the period at the end and inserting ``to
qualified covered veterans.'';
(C) in paragraph (3), to read as follows:
``(3) A qualified covered veteran may receive such an
appointment at any time.''.
(3)(A) Section 4214(a) is amended--
(i) in the third sentence of paragraph (1), by striking
``disabled veterans and certain veterans of the Vietnam era
and of the post-Vietnam era'' and inserting ``qualified
covered veterans (as defined in paragraph (2)(B))''; and
(ii) in paragraph (2), to read as follows:
``(2) In this section:
``(A) The term `agency' has the meaning given the term
`department or agency' in section 4211(5) of this title.
``(B) The term `qualified covered veteran' means a veteran
described in section 4212(a)(3) of this title.''.
(B) Clause (i) of section 4214(e)(2)(B) is amended by
striking ``of the Vietnam era''.
(C) Section 4214(g) is amended--
(i) by striking ``qualified'' the first place it occurs and
all that follows through ``era'' the first place it occurs
and inserting ``qualified covered veterans''; and
(ii) by striking ``under section 1712A of this title'' and
all that follows and inserting ``under section 1712A of this
title.''.
(4) The amendments made by this subsection shall apply to
qualified covered veterans without regard to any limitation
relating to the date of the veteran's last discharge or
release from active duty that may have otherwise applied
under section 4214(b)(3) as in effect on the date before the
date of the enactment of this Act.
SEC. 3. FINANCIAL AND NON-FINANCIAL PERFORMANCE INCENTIVE
AWARDS FOR QUALITY VETERANS EMPLOYMENT,
TRAINING, AND PLACEMENT SERVICES.
(a) Performance Incentive Awards for Quality Employment,
Training, and Placement Services.--Chapter 41 is amended by
adding at the end the following new section:
``Sec. 4112. Performance incentive awards for quality
employment, training, and placement services
``(a) Criteria for Performance Incentive Awards.--(1) For
purposes of carrying out a program of performance incentive
awards under section 4102A(c)(2)(A)(i)(III) of this title,
the Secretary, acting through the Assistant Secretary of
Labor for Veterans' Employment and Training, shall establish
criteria for performance incentive awards programs to be
administered by States to--
``(A) encourage the improvement and modernization of
employment, training, and placement services provided under
this chapter; and
``(B) recognize eligible employees for excellence in the
provision of such services or for having made demonstrable
improvements in the provision of such services.
``(2) The Secretary shall establish such criteria in
consultation with representatives of States, political
subdivisions of States, and other providers of employment,
training, and placement services under the Workforce
Investment Act of 1998 consistent with the performance
measures established under section 4102A(b)(7) of this title.
``(b) Form of Awards.--Under the criteria established by
the Secretary for performance incentive awards to be
administered by States, an award under such criteria may be a
cash award or such other nonfinancial awards as the Secretary
may specify.
``(c) Relationship of Award to Grant Program and Employee
Compensation.--Performance incentive cash awards under this
section--
``(1) shall be made from amounts allocated from the grant
or contract amount for a State for a program year under
section 4102A(c)(7) of this title; and
``(2) is in addition to the regular pay of the recipient.
``(d) Eligible Employee Defined.--In this section, the term
`eligible employee' means any of the following:
``(1) A disabled veterans' outreach program specialist.
``(2) A local veterans' employment representative.
``(3) An individual providing employment, training, and
placement services to veterans under the Workforce Investment
Act of 1998 or through an employment service delivery system
(as defined in section 4101(7) of this title).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 41 is amended by adding at the end the
following new item:
``4112. Performance incentive awards for quality employment, training,
and placement services.''.
SEC. 4. REFINEMENT OF JOB TRAINING AND PLACEMENT FUNCTIONS OF
THE DEPARTMENT.
(a) Revision of Department Level Senior Officials and
Functions.--(1) Sections 4102A and 4103 are amended to read
as follows:
``Sec. 4102A. Assistant Secretary of Labor for Veterans'
Employment and Training; program functions; Regional
Administrators
``(a) Establishment of Position of Assistant Secretary of
Labor for Veterans' Employment and Training.--(1) There is
established within the Department of Labor an Assistant
Secretary of Labor for Veterans' Employment and Training,
appointed by the President by and with the advice and consent
of the Senate, who shall formulate and implement all
departmental policies and procedures to carry out (A) the
purposes of this chapter, chapter 42, and chapter 43 of this
title, and (B) all other Department of Labor employment,
unemployment, and training programs to the extent they affect
veterans.
``(2) The employees of the Department of Labor
administering chapter 43 of this title shall be
administratively and functionally responsible to the
Assistant Secretary of Labor for Veterans' Employment and
Training.
``(3)(A) There shall be within the Department of Labor a
Deputy Assistant Secretary of Labor for Veterans' Employment
and Training. The Deputy Assistant Secretary shall perform
such functions as the Assistant Secretary of Labor for
Veterans' Employment and Training prescribes.
``(B) No individual may be appointed as a Deputy Assistant
Secretary of Labor for Veterans' Employment and Training
unless the individual has at least five years of service in a
management position as an employee of the Federal civil
service or comparable service in a management position in the
Armed Forces. For purposes of determining such service of an
individual, there shall be excluded any service described in
subparagraphs (A), (B), and (C) of section 308(d)(2) of this
title.
``(b) Program Functions.--The Secretary shall carry out the
following functions:
``(1) Except as expressly provided otherwise, carry out all
provisions of this chapter and chapter 43 of this title
through the Assistant Secretary of Labor for Veterans'
Employment and Training and administer through such Assistant
Secretary all programs under the jurisdiction of the
Secretary for the provision of employment and training
services designed to meet the needs of all veterans and
persons eligible for services furnished under this chapter.
``(2) In order to make maximum use of available resources
in meeting such needs, encourage all such programs, and all
grantees and contractors under such programs to enter into
cooperative arrangements with private industry and business
concerns (including small business concerns owned by veterans
or disabled veterans), educational institutions, trade
associations, and labor unions.
``(3) Ensure that maximum effectiveness and efficiency are
achieved in providing services and assistance to eligible
veterans under all such programs by coordinating and
consulting with the Secretary of Veterans Affairs with
respect to (A) programs conducted under other provisions of
this title, with particular emphasis on coordination of such
programs with readjustment counseling activities carried out
under section 1712A of this title, apprenticeship or other
on-the-job training programs carried out under section 3687
of this title, and rehabilitation and training activities
carried out under chapter 31 of this title and (B)
determinations covering veteran population in a State.
``(4) Ensure that employment, training, and placement
activities are carried out in coordination and cooperation
with appropriate State public employment service officials.
``(5) Subject to subsection (c), make available for use in
each State by grant or contract such funds as may be
necessary to support--
``(A) disabled veterans' outreach program specialists
appointed under section 4103A(a)(1) of this title,
``(B) local veterans' employment representatives assigned
under section 4104(b) of this title, and
``(C) the reasonable expenses of such specialists and
representatives described in subparagraphs (A) and (B),
respectively, for training, travel, supplies, and other
business expenses, including travel expenses and per diem for
attendance at the National Veterans' Employment and Training
Services Institute established under section 4109 of this
title.
``(6) Monitor and supervise on a continuing basis the
distribution and use of funds provided for use in the States
under paragraph (5).
``(7) Establish, and update as appropriate, a comprehensive
performance accountability system (as described in subsection
(f)) and carry out annual performance reviews of veterans
employment, training, and placement services provided through
employment service delivery systems, including through
disabled veterans' outreach program specialists and through
local veterans' employment representatives in States
receiving grants, contracts, or awards under this chapter.
``(c) Conditions for Receipt of Funds.--(1) The
distribution and use of funds under subsection (b)(5) in
order to carry out sections 4103A(a) and 4104(a) of this
title shall be subject to the continuing supervision and
monitoring of the Secretary and shall not be governed by the
provisions of any other law, or any regulations prescribed
thereunder, that are inconsistent with this section or
section 4103A or 4104 of this title.
``(2)(A) A State shall submit to the Secretary an
application for a grant or contract under subsection (b)(5).
The application shall contain the following information:
``(i) A plan that describes the manner in which the State
shall furnish employment, training, and placement services
required under this chapter for the program year, including a
description of--
``(I) duties assigned by the State to disabled veterans'
outreach program specialists and local veterans' employment
representatives consistent with the requirements of sections
4103A and 4104 of this title;
``(II) the manner in which such specialists and
representatives are integrated in the employment service
delivery systems in the State; and
[[Page H8000]]
``(III) the program of performance incentive awards
described in section 4112 of this title in the State for the
program year.
``(ii) The veteran population to be served.
``(iii) Such additional information as the Secretary may
require to make a determination with respect to awarding a
grant or contract to the State.
``(B)(i) Subject to the succeeding provisions of this
subparagraph, of the amount available under subsection (b)(5)
for a fiscal year, the Secretary shall make available to each
State with an application approved by the Secretary an amount
of funding in proportion to the number of veterans seeking
employment using such criteria as the Secretary may establish
in regulation, including civilian labor force and
unemployment data, for the State on an annual basis. The
proportion of funding shall reflect the ratio of--
``(I) the total number of veterans residing in the State
that are seeking employment; to
``(II) the total number of veterans seeking employment in
all States.
``(ii) The Secretary shall phase in over the three fiscal-
year period that begins on October 1, 2002, the manner in
which amounts are made available to States under subsection
(b)(5) and this subsection, as amended by the Jobs for
Veterans Act.
``(iii) In carrying out this paragraph, the Secretary may
establish minimum funding levels and hold-harmless criteria
for States.
``(3)(A)(i) As a condition of a grant or contract under
this section for a program year, in the case of a State that
the Secretary determines has an entered-employment rate for
veterans that is deficient for the preceding program year,
the State shall develop a corrective action plan to improve
that rate for veterans in the State.
``(ii) The State shall submit the corrective action plan to
the Secretary for approval, and if approved, shall
expeditiously implement the plan.
``(iii) If the Secretary does not approve a corrective
action plan submitted by the State under clause (i), the
Secretary shall take such steps as may be necessary to
implement corrective actions in the State to improve the
entered-employment rate for veterans in that State.
``(B) To carry out subparagraph (A), the Secretary shall
establish in regulations a uniform national threshold
entered-employment rate for veterans for a program year by
which determinations of deficiency may be made under
subparagraph (A).
``(C) In making a determination with respect to a
deficiency under subparagraph (A), the Secretary shall take
into account the applicable annual unemployment data for the
State and consider other factors, such as prevailing economic
conditions, that affect performance of individuals providing
employment, training, and placement services in the State.
``(4) In determining the terms and conditions of a grant or
contract under which funds are made available to a State in
order to carry out section 4103A or 4104 of this title, the
Secretary shall take into account--
``(A) the results of reviews, carried out pursuant to
subsection (b)(7), of the performance of the employment,
training, and placement service delivery system in the State,
and
``(B) the monitoring carried out under this section.
``(5) Each grant or contract by which funds are made
available to a State shall contain a provision requiring the
recipient of the funds--
``(A) to comply with the provisions of this chapter; and
``(B) on an annual basis, to notify the Secretary of, and
provide supporting rationale for, each nonveteran who is
employed as a disabled veterans' outreach program specialist
and local veterans' employment representative for a period in
excess of 6 months.
``(6) Each State shall coordinate employment, training, and
placement services furnished to veterans and eligible persons
under this chapter with such services furnished with respect
to such veterans and persons under the Workforce Investment
Act of 1998 and the Wagner-Peyser Act.
``(7) With respect to program years beginning during or
after fiscal year 2004, one percent of the amount of a grant
or contract under which funds are made available to a State
in order to carry out section 4103A or 4104 of this title for
the program year shall be for the purposes of making cash
awards under the program of performance incentive awards
described in section 4112 of this title in the State.
``(d) Participation in Other Federally Funded Job Training
Programs.--The Assistant Secretary of Labor for Veterans'
Employment and Training shall promote and monitor
participation of qualified veterans and eligible persons in
employment and training opportunities under title I of the
Workforce Investment Act of 1998 and other federally funded
employment and training programs.
``(e) Regional Administrators.--(1) The Secretary shall
assign to each region for which the Secretary operates a
regional office a representative of the Veterans' Employment
and Training Service to serve as the Regional Administrator
for Veterans' Employment and Training in such region.
``(2) Each such Regional Administrator shall carry out such
duties as the Secretary may require to promote veterans
employment and reemployment within the region that the
Administrator serves.
``(f) Establishment of Performance Standards and Outcomes
Measures.--(1) By not later than 6 months after the date of
the enactment of this section, the Assistant Secretary of
Labor for Veterans' Employment and Training shall establish
and implement a comprehensive performance accountability
system to measure the performance of employment service
delivery systems, including disabled veterans' outreach
program specialists and local veterans' employment
representatives providing employment, training, and placement
services under this chapter in a State to provide
accountability of that State to the Secretary for purposes of
subsection (c).
``(2) Such standards and measures shall--
``(A) be consistent with State performance measures
applicable under section 136(b) of the Workforce Investment
Act of 1998; and
``(B) be appropriately weighted to provide special
consideration for placement of (i) veterans requiring
intensive services (as defined in section 4101(9) of this
title), such as special disabled veterans and disabled
veterans, and (ii) veterans who enroll in readjustment
counseling under section 1712A of this title.
``(g) Authority to Provide Technical Assistance to
States.--The Secretary may provide such technical assistance
as the Secretary determines appropriate to any State that the
Secretary determines has, or may have, an entered-employment
rate in the State that is deficient, as determined under
subsection (c)(3) with respect to a program year, including
assistance in the development of a corrective action plan
under that subsection.
``Sec. 4103. Directors and Assistant Directors for Veterans'
Employment and Training; additional Federal personnel
``(a) Directors and Assistant Directors.--(1) The Secretary
shall assign to each State a representative of the Veterans'
Employment and Training Service to serve as the Director for
Veterans' Employment and Training, and shall assign full-time
Federal clerical or other support personnel to each such
Director.
``(2) Each Director for Veterans' Employment and Training
for a State shall, at the time of appointment, have been a
bona fide resident of the State for at least two years.
``(3) Full-time Federal clerical or other support personnel
assigned to Directors for Veterans' Employment and Training
shall be appointed in accordance with the provisions of title
5 governing appointments in the competitive service and shall
be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of title 5.
``(b) Additional Federal Personnel.--The Secretary may also
assign as supervisory personnel such representatives of the
Veterans' Employment and Training Service as the Secretary
determines appropriate to carry out the employment, training,
and placement services required under this chapter, including
Assistant Directors for Veterans' Employment and Training.''.
(2) The items relating to sections 4102A and 4103,
respectively, in the table of sections at the beginning of
chapter 41 are amended to read as follows:
``4102A. Assistant Secretary of Labor for Veterans' Employment and
Training; program functions; Regional Administrators.
``4103. Directors and Assistant Directors for Veterans' Employment and
Training; additional Federal personnel.''.
(3)(A)(i) Section 4104A is repealed.
(ii) The table of sections at the beginning of chapter 41
is amended by striking the item relating to section 4104A.
(B) Section 4107(b) is amended by striking ``The Secretary
shall establish definitive performance standards'' and
inserting ``The Secretary shall apply performance standards
established under section 4102A(f) of this title''.
(4) The amendments made by this subsection shall take
effect on the date of the enactment of this Act, and apply
for program and fiscal years under chapter 41 of title 38,
United States Code, beginning on or after such date.
(b) Revision of Statutorily Defined Duties of Disabled
Veterans' Outreach Program Specialists and Local Veterans'
Employment Representatives.--(1) Section 4103A is amended by
striking all after the heading and inserting the following:
``(a) Requirement for Employment by States of a Sufficient
Number of Specialists.--(1) Subject to approval by the
Secretary, a State shall employ such full- or part-time
disabled veterans' outreach program specialists as the State
determines appropriate and efficient to carry out intensive
services under this chapter to meet the employment needs of
eligible veterans with the following priority in the
provision of services:
``(A) Special disabled veterans.
``(B) Other disabled veterans.
``(C) Other eligible veterans in accordance with priorities
determined by the Secretary taking into account applicable
rates of unemployment and the employment emphases set forth
in chapter 42 of this title.
``(2) In the provision of services in accordance with this
subsection, maximum emphasis in meeting the employment needs
of veterans shall be placed on assisting economically or
educationally disadvantaged veterans.
``(b) Requirement for Qualified Veterans.--A State shall,
to the maximum extent practicable, employ qualified veterans
to carry out the services referred to in subsection (a).
Preference shall be given in the appointment of such
specialists to qualified disabled veterans.''.
(2) Section 4104 is amended by striking all after the
heading and inserting the following:
``(a) Requirement for Employment by States of a Sufficient
Number of Representatives.--Subject to approval by the
Secretary, a State shall employ such full- and part-time
local veterans' employment representatives as the State
determines appropriate and efficient to carry out employment,
training, and placement services under this chapter.
``(b) Principal Duties.--As principal duties, local
veterans' employment representatives shall--
``(1) conduct outreach to employers in the area to assist
veterans in gaining employment,
[[Page H8001]]
including conducting seminars for employers and, in
conjunction with employers, conducting job search workshops
and establishing job search groups; and
``(2) facilitate employment, training, and placement
services furnished to veterans in a State under the
applicable State employment service delivery systems.
``(c) Requirement for Qualified Veterans and Eligible
Persons.--A State shall, to the maximum extent practicable,
employ qualified veterans or eligible persons to carry out
the services referred to in subsection (a). Preference shall
be accorded in the following order:
``(1) To qualified service-connected disabled veterans.
``(2) If no veteran described in paragraph (1) is
available, to qualified eligible veterans.
``(3) If no veteran described in paragraph (1) or (2) is
available, then to qualified eligible persons.
``(d) Reporting.--Each local veterans' employment
representative shall be administratively responsible to the
manager of the employment service delivery system and shall
provide reports, not less frequently than quarterly, to the
manager of such office and to the Director for Veterans'
Employment and Training for the State regarding compliance
with Federal law and regulations with respect to special
services and priorities for eligible veterans and eligible
persons.''.
(3) The amendments made by this subsection shall take
effect on the date of the enactment of this Act, and apply
for program years under chapter 41 of title 38, United States
Code, beginning on or after such date.
(c) Requirement To Promptly Establish One-Stop Employment
Services.--By not later than 18 months after the date of the
enactment of this Act, the Secretary of Labor shall provide
one-stop services and assistance to covered persons
electronically by means of the Internet, as defined in
section 231(e)(3) of the Communications Act of 1934, and such
other electronic means to enhance the delivery of such
services and assistance.
(d) Requirement for Budget Line Item for Training Services
Institute.--(1) The last sentence of section 4106(a) is
amended to read as follows: ``Each budget submission with
respect to such funds shall include a separate listing of the
amount for the National Veterans' Employment and Training
Services Institute together with information demonstrating
the compliance of such budget submission with the funding
requirements specified in the preceding sentence.''.
(2) The amendment made by paragraph (1) shall take effect
on the date of the enactment of this Act, and apply to budget
submissions for fiscal year 2004 and each subsequent fiscal
year.
(e) Conforming Amendments.--(1) Section 4107(c)(5) is
amended by striking ``(including the need'' and all that
follows through ``representatives)''.
(2) Section 3117(a)(2)(B) is amended to read as follows:
``(B) utilization of employment, training, and placement
services under chapter 41 of this title; and''.
SEC. 5. ADDITIONAL IMPROVEMENTS IN VETERANS EMPLOYMENT AND
TRAINING SERVICES.
(a) Inclusion of Intensive Services.--(1)(A) Section 4101
is amended by adding at the end the following new paragraph:
``(9) The term `intensive services' means local employment
and training services of the type described in section
134(d)(3) of the Workforce Investment Act of 1998.''.
(B) Section 4102 is amended by striking ``job and job
training counseling service program,'' and inserting ``job
and job training intensive services program,''.
(C) Section 4106(a) is amended by striking ``proper
counseling'' and inserting ``proper intensive services''.
(D) Section 4107(a) is amended by striking ``employment
counseling services'' and inserting ``intensive services''.
(E) Section 4107(c)(1) is amended by striking ``the number
counseled'' and inserting ``the number who received intensive
services''.
(F) Section 4109(a) is amended by striking ``counseling,''
each place it appears and inserting ``intensive services,''.
(2) The amendments made by paragraph (1) shall take effect
on the date of the enactment of this Act.
(b) Additional VETS Duty To Implement Transitions to
Civilian Careers.--(1)(A) Section 4102 is amended by striking
the period and inserting ``, including programs carried out
by the Veterans' Employment and Training Service to implement
all efforts to ease the transition of servicemembers to
civilian careers that are consistent with, or an outgrowth
of, the military experience of the servicemembers.''.
(B) Such section is further amended by striking ``and
veterans of the Vietnam era'' and inserting ``and veterans
who served on active duty during a war or in a campaign or
expedition for which a campaign badge has been authorized''.
(2) The amendments made by paragraph (1) shall take effect
on the date of the enactment of this Act.
(c) Modernization of Employment Service Delivery Points To
Include Technological Innovations.--(1) Section 4101(7) is
amended to read as follows:
``(7) The term `employment service delivery system' means a
service delivery system at which or through which labor
exchange services, including employment, training, and
placement services, are offered in accordance with the
Wagner-Peyser Act.''.
(2) The amendments made by paragraph (1) shall take effect
on the date of the enactment of this Act.
(d) Increase in Accuracy of Reporting Services Furnished to
Veterans.--(1)(A) Section 4107(c)(1) is amended--
(i) by striking ``veterans of the Vietnam era,''; and
(ii) by striking ``and eligible persons who registered for
assistance with'' and inserting ``eligible persons, recently
separated veterans (as defined in section 4211(6) of this
title), and servicemembers transitioning to civilian careers
who registered for assistance with, or who are identified as
veterans by,''.
(B) Section 4107(c)(2) is amended--
(i) by striking ``the job placement rate'' the first place
it appears and inserting ``the rate of entered employment (as
determined in a manner consistent with State performance
measures applicable under section 136(b) of the Workforce
Investment Act of 1998)''; and
(ii) by striking ``the job placement rate'' the second
place it appears and inserting ``such rate of entered
employment (as so determined)''.
(C) Section 4107(c)(4) is amended by striking ``sections
4103A and 4104'' and inserting ``section 4212(d)''.
(D) Section 4107(c) is amended--
(i) by striking ``and'' at the end of paragraph (4);
(ii) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(iii) by adding at the end the following new paragraph:
``(6) a report on the operation during the preceding
program year of the program of performance incentive awards
for quality employment services under section 4112 of this
title.''.
(E) Section 4107(b), as amended by section 4(a)(3)(B), is
further amended by striking the second sentence and inserting
the following: ``Not later than February 1 of each year, the
Secretary shall report to the Committees on Veterans' Affairs
of the Senate and the House of Representatives on the
performance of States and organizations and entities carrying
out employment, training, and placement services under this
chapter, as measured under subsection (b)(7) of section 4102A
of this title. In the case of a State that the Secretary
determines has not met the minimum standard of performance
(established by the Secretary under subsection (f) of such
section), the Secretary shall include an analysis of the
extent and reasons for the State's failure to meet that
minimum standard, together with the State's plan for
corrective action during the succeeding year.''.
(2) The amendments made by paragraph (1) shall apply to
reports for program years beginning on or after July 1, 2003.
(e) Clarification of Authority of NVETSI To Provide
Training for Personnel of Other Departments and Agencies.--
Section 4109 is amended by adding at the end the following
new subsection:
``(c)(1) Nothing in this section shall be construed as
preventing the Institute to enter into contracts or
agreements with departments or agencies of the United States
or of a State, or with other organizations, to carry out
training of personnel of such departments, agencies, or
organizations in the provision of services referred to in
subsection (a).
``(2) All proceeds collected by the Institute under a
contract or agreement referred to in paragraph (1) shall be
applied to the applicable appropriation.''.
SEC. 6. COMMITTEE TO RAISE EMPLOYER AWARENESS OF SKILLS OF
VETERANS AND BENEFITS OF HIRING VETERANS.
(a) Establishment of Committee.--There is established
within the Department of Labor a committee to be known as the
President's National Hire Veterans Committee (hereinafter in
this section referred to as the ``Committee'').
(b) Duties.--The Committee shall establish and carry out a
national program to do the following:
(1) To furnish information to employers with respect to the
training and skills of veterans and disabled veterans, and
the advantages afforded employers by hiring veterans with
such training and skills.
(2) To facilitate employment of veterans and disabled
veterans through participation in America's Career Kit
national labor exchange, and other means.
(c) Membership.--(1) The Secretary of Labor shall appoint
15 individuals to serve as members of the Committee, of whom
one shall be appointed from among representatives nominated
by each organization described in subparagraph (A) and of
whom eight shall be appointed from among representatives
nominated by organizations described in subparagraph (B).
(A) Organizations described in this subparagraph are the
following:
(i) The Ad Council.
(ii) The National Committee for Employer Support of the
Guard and Reserve.
(iii) Veterans' service organizations that have a national
employment program.
(iv) State employment security agencies.
(v) One-stop career centers.
(vi) State departments of veterans affairs.
(vii) Military service organizations.
(B) Organizations described in this subparagraph are such
businesses, small businesses, industries, companies in the
private sector that furnish placement services, civic groups,
workforce investment boards, and labor unions as the
Secretary of Labor determines appropriate.
(2) The following shall be ex officio, nonvoting members of
the Committee:
(A) The Secretary of Veterans Affairs.
(B) The Secretary of Defense.
(C) The Assistant Secretary of Labor for Veterans'
Employment and Training.
(D) The Administrator of the Small Business Administration.
(E) The Postmaster General.
(F) The Director of the Office of Personnel Management.
(3) A vacancy in the Committee shall be filled in the
manner in which the original appointment was made.
[[Page H8002]]
(d) Administrative Matters.--(1) The Committee shall meet
not less frequently than once each calendar quarter.
(2) The Secretary of Labor shall appoint the chairman of
the Committee.
(3)(A) Members of the Committee shall serve without
compensation.
(B) Members of the Committee shall be allowed reasonable
and necessary travel expenses, including per diem in lieu of
subsistence, at rates authorized for persons serving
intermittently in the Government service in accordance with
the provisions of subchapter I of chapter 57 of title 5 while
away from their homes or regular places of business in the
performance of the responsibilities of the Committee.
(4) The Secretary of Labor shall provide staff and
administrative support to the Committee to assist it in
carrying out its duties under this section. The Secretary
shall assure positions on the staff of the Committee include
positions that are filled by individuals that are now, or
have ever been, employed as one of the following:
(A) Staff of the Assistant Secretary of Labor for Veterans'
Employment and Training under section 4102A of title 38,
United States Code as in effect on the date of the enactment
of this Act.
(B) Directors for Veterans' Employment and Training under
section 4103 of such title as in effect on such date.
(C) Assistant Director for Veterans' Employment and
Training under such section as in effect on such date.
(D) Disabled veterans' outreach program specialists under
section 4103A of such title as in effect on such date.
(E) Local veterans' employment representatives under
section 4104 of such title as in effect on such date.
(5) Upon request of the Committee, the head of any Federal
department or agency may detail, on a nonreimbursable basis,
any of the personnel of that department or agency to the
Committee to assist it in carrying out its duties.
(6) The Committee may contract with and compensate
government and private agencies or persons to furnish
information to employers under subsection (b)(1) without
regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
(e) Report.--Not later than December 31, 2003, 2004, and
2005, the Secretary of Labor shall submit to Congress a
report on the activities of the Committee under this section
during the previous fiscal year, and shall include in such
report data with respect to placement and retention of
veterans in jobs attributable to the activities of the
Committee.
(f) Termination.--The Committee shall terminate 60 days
after submitting the report that is due on December 31, 2005.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Labor from the
employment security administration account (established in
section 901 of the Social Security Act (42 U.S.C. 1101)) in
the Unemployment Trust Fund $3,000,000 for each of fiscal
years 2003 through 2005 to carry out this section.
SEC. 7. REPORT ON IMPLEMENTATION OF EMPLOYMENT REFORMS.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the implementation by the Secretary
of Labor of the provisions of this Act during the program
years that begin during fiscal years 2003 and 2004. The study
shall include an assessment of the modifications under
sections 2 through 5 of this Act of the provisions of title
38, United States Code, and an evaluation of the impact of
those modifications, and of the actions of the President's
National Hire Veterans Committee under section 6 of this Act,
to the provision of employment, training, and placement
services provided to veterans under that title.
(b) Report.--Not later than 6 months after the conclusion
of the program year that begins during fiscal year 2004, the
Comptroller General shall submit to Congress a report on the
study conducted under subsection (a). The report shall
include such recommendations as the Comptroller General
determines appropriate, including recommendations for
legislation or administrative action.
Mr. EVANS. Mr. Speaker, I rise in strong support of H.R. 4015, the
Jobs for Veterans Act. This legislation will improve and modernize
veterans' employment and training services currently administered by
the Department of Labor (DOL) and delivered through various State
employment agencies.
I thank Chris Smith, our Chairman, and Mike Simpson and Silvestre
Reyes, Chairman and Ranking Member of the Benefits Subcommittee, for
their leadership on this measure. I also thank all staff for their hard
work on H.R. 4015 and particularly Geoffrey Collver and Darryl Kehrer
for their determined and excellent work on this legislation.
H.R. 4015, as amended, will introduce many new features into the
veterans' employment services system, including greater flexibility,
creativity, incentives, and increased accountability. I was a strong
supporter of H.R. 4015 when the bill originally passed the House in May
of 2002 and am pleased the Senate passed the bill with relatively few
changes. This legislation is timely and needed, especially given the
slowing economy and traditionally difficult time many of our nation's
disabled veterans have in obtaining quality employment. The men and
women who have worn a uniform in defense of this country deserve first
rate employment and training services.
The bill, as amended, encourages the Federal, State and local
governments to work together in providing high level, focused,
employment and training services to veterans and certain spouses of
veterans. The legislation requires a State to submit a ``plan''
describing the manner in which it will furnish outreach and employment
services, as well as, sets forth conditions for receipt of DOL funds.
In addition, the legislation encourages improved employment services
through a program of employee incentive awards for excellent or
substantially improved performance. Mr. Speaker, I look forward to
monitoring the implementation and effectiveness of the bill's new
incentive and accountability provisions, they are important components
of the overall delivery scheme.
This measure also provides for ``priority of service'' to veterans
wishing to participate in other DOL job training programs, and removes
many outdated and rigid hiring constraints on the States and local
governments. As a senior member of the House Armed Services Committee,
I am especially pleased that the legislation broadens eligibility for
non-competitive appointments of certain veterans within the Federal
civil service. This provision will allow some veterans who have lost
their jobs due to the poor economy, or their companies moving overseas
for cheaper labor costs, to explore alternative career options with the
Federal government.
The Jobs for Veterans Act also includes many other important
provisions that will affect many veterans and their families as they
seek quality employment services:
Federal contractors and subcontractors engaged in operations of
$100,000 or more must take affirmative action to employ and advance
qualified veterans;
Revises the funding formula, which DOL provides to States to better
reflect the proportion of veterans seeking employment in that State;
Authorizes the Secretary of Labor to engage in on-going technical
assistance, including corrective action plans, with respect to State
and local governments receiving veterans' employment funds;
Emphasizes that certain disabled veterans may need intensive
employment services in order to obtain quality employment;
Mandates that DOL develop and enhance the delivery of employment
services by providing such services via the Internet and other
electronic means; and
Requires a GAO study and report on the implementation and
effectiveness of the legislation to be delivered after the first two
program years.
Mr. Speaker, I urge my colleagues to support this important
legislation.
Mr. SIMPSON. Mr. Speaker, we all agree that our fellow Americans who
have served in our military represent a unique national resource. We
need to ensure we fulfill our obligation to them.
H.R. 4015, as amended, the ``Jobs for Veterans Act,'' provides us the
opportunity to approve legislation that will help our former
servicemembers obtain long-term, sustained employment.
The Jobs for Veterans Act essentially creates a new Department of
Labor delivery system for veterans' employment and training services in
light of the Government Performance and Results Act, the new One-Stop
career centers under the Workforce Investment Act of 1998, and the
availability of self-service job assistance by way of the Internet.
H.R. 4015, as amended, can be described in four words: incentives,
results, flexibility, and accountability in the delivery of employment
and training services for veterans through individual states and
counties.
The Subcommittee on Benefits has worked on this legislation for the
past two and one-half years, and I applaud the hard work of Jack Quinn,
Bob Filner, and J.D. Hayworth on earlier versions of the bill.
I also want to recognize the Ranking Member of the Benefits
Subcommittee, Silvestre Reyes, for his leadership on this issue, as
well as the Chairman and Ranking Member of the full Committee, Chris
Smith and Lane Evans, for their support.
I very much appreciate the support of the Senate Committee on
Veterans' Affairs in approving the compromise agreement on this
legislation. Indeed, Committee Chairman Rockefeller and Ranking Member
Specter have played a leadership role in both strengthening the bill,
and in Senate passage of it.
Mr. Speaker, about 215,000 servicemembers are estimated to separate
from the Armed Forces this fiscal year; I believe this bill is a win-
win situation for both our veterans and our economy.
I urge my colleagues to support H.R. 4015.
Mr. SMITH of New Jersey. Mr. Speaker, nationally, only about three in
ten veterans seeking jobs through the Veterans Employment and Training
Service (VETS), which is managed by the Department of Labor, are
finding work. And the work they are finding isn't necessarily in
career-type jobs.
This federally-funded program, which is carried out through a
partnership with the States, must do a better job.
The Committee's bill, H.R. 4015, as amended, would revamp VETS to
allow it to work
[[Page H8003]]
better within the framework of the recent Workforce Investment Act.
One of the bill's most important provisions would require the
Secretary of Labor to carry our a program of financial and non-
financial performance incentive awards to states to encourage them to
improve and modernize their employment, training and placement services
for veterans. The bill would also require any poorly performing states
to develop and implement corrective action plans.
Mr. Speaker, I don't want to imply that states are not doing a good
job. In fact, many are. I am confident that with the enactment of this
legislation, the states with poor records will be given the flexibility
and incentives they need to improve. The result will be that many more
veterans will find good jobs and taxpayers will get a much better
return on their investment in this program for veterans.
I want to commend the Chairman of the Benefits Subcommittee, Mike
Simpson, for the extraordinary effort that led to a bill commanding the
broad support needed to make this bill happen. I also want to commend
the previous Chairman, Jack Quinn, the current Ranking Member,
Sylvestre Reyes, and the former Ranking Member, Bob Filner, for their
bipartisan support of this important bill.
I also want to thank the leadership of the Senate Veterans' Affairs
Committee, Chairman John Rockefeller, and Ranking Republican Arlen
Specter, for their consideration of the House bill and the many
improvements they suggested.
The legislative process has produced a strong bill that we can be
proud to send to the President. This is a significant step toward
improving the employment services a grateful Nation offers those
Americans who have served in military uniform.
Mr. Speaker, I ask unanimous consent to revise and extend my remarks
and that all Members may have 5 legislative days in which to revise and
extend their remarks, and include extraneous material on H.R. 4015, as
amended.
For the benefit of my colleagues, I include at this point in the
Record a joint explanatory statement describing the compromise
agreement we have reached with the other body:
Joint Explanatory Statement on Senate Amendments To House Amendments to
H.R. 4015
H.R. 4015, as amended, the Jobs for Veterans Act, reflects
a Compromise Agreement the House and Senate Committees on
Veterans' Affairs have reached on H.R. 4015, as amended,
(``House Bill''). H.R. 4015, as amended, passed the House of
Representatives on May 21, 2002. There is no comparable
Senate bill.
The House and Senate Committees on Veterans' Affairs have
prepared the following explanation of H.R. 4015, as amended,
(``Compromise Agreement''). Clerical corrections, conforming
changes, and minor drafting, technical, and clarifying
changes are not noted in this document.
Priority of Service for Veterans in Department of Labor Job Training
Programs
Current Law
Section 4212 of title 38, United States Code, requires that
for certain Federal contracts of $25,000 or more, contractors
and subcontractors take affirmative action to employ and
advance in employment ``special disabled veterans'' (veterans
with serious employment handicaps or disability ratings of 30
percent or higher), Vietnam-era veterans, recently-separated
veterans, and other veterans who are ``preference eligible.''
Preference eligible veterans generally are veterans who have
served during wartime or in a campaign or expedition for
which a campaign badge has been authorized.
Under section 4214 of title 38, United States Code, the
Office of Personnel Management administers the Veterans
Readjustment Appointment (``VRA'') authority program to
promote employment and job advancement opportunities within
the Federal government for disabled veterans, certain
veterans of the Vietnam era, and veterans of the post-Vietnam
era who are qualified for such employment and advancement. In
general: (1) such appointments may be made up to and
including the GS-11 level or its equivalent; (2) a veteran
shall be eligible for such an appointment without regard to
the veteran's number of years of education; (3) a veteran who
receives VA disability compensation shall be given preference
for a VRA appointment over other veterans; (4) upon receipt
of a VRA appointment, a veteran may receive training or
education if the veteran has less than 15 years of education;
and (5) upon successful completion of the prescribed
probation period, a veteran may acquire competitive status.
Except for a veteran who has a service-connected disability
rated at 30 percent or more, a veteran of the Vietnam era
may receive a VRA appointment only during the period
ending 10 years after the date of the veteran's last
separation from active duty or December 31, 1995,
whichever is later.
house bill
Section 2 of H.R. 4015 would create a new section 4215
within chapter 42 of title 38, United States Code, to provide
priority of service (over non-veterans) to veterans and
spouses of certain veterans for the receipt of employment,
training, and placement services in any qualified job
training program directly funded, in whole or in part, by the
Department of Labor, notwithstanding any other provision of
law. The Secretary of Labor would be authorized to establish
priorities among such covered persons to take into account
the needs of disabled veterans and such other factors as the
Secretary determines appropriate.
With respect to Federal contracts and subcontracts in the
amount of $100,000 or more, section 2 would provide that a
contractor and any subcontractor take affirmative action to
employ and advance in employment qualified veterans. This
would include immediate listing of employment openings for
such contracts through the appropriate employment delivery
system.
Section 2 would also change the Veterans Readjustment
Appointment (``VRA'') to the ``Veterans Recruitment
Appointment'' authority and change eligibility for these
appointments from Vietnam era and post-Vietnam era veterans
to qualified covered veterans (see below) within the 10-year
period that begins on the date of the veteran's last
discharge; the 10-year period would not apply to a veteran
with a service-connected disability of 30 percent or more.
Finally, section 2 would make eligible as ``covered
veterans'' for Federal contracts and subcontracts and the
Veterans Recruitment Appointment authority: disabled
veterans; veterans who served on active duty during a war or
in a campaign or expedition for which a campaign badge has
been authorized; veterans who, while serving on active duty
in the Armed Forces, participated in a United States military
operation for which an Armed Forces service medal was
awarded; or veterans discharged or released from military
service within the past three years.
compromise agreement
Section 2 of the Compromise Agreement follows the House
language with amendments.
The agreement would delete the 10-year eligibility period
for a VRA appointment, in light of the broader Veterans
Recruitment (not ``Readjustment'') Appointment authority
embodied in the Compromise Agreement.
The Committees note that the definition of the term
``covered person'' for priority of service in Department of
Labor veterans job training programs includes both veterans
and certain spouses and surviving spouses of deceased
veterans. Specifically, the provision would include a
surviving spouse of a veteran who died as a result of a
service-connected disability, including the surviving spouse
of a veteran who died in the active military, naval or air
service, and the surviving spouse of a veteran who was
totally disabled at the time of death. The provision would
also apply to spouses of active duty servicemembers who have
for a period of at least 90 days been missing in action,
captured by a hostile force or forcibly detained or interned
in line of duty by a foreign government and the spouses of
veterans who are totally disabled due to a service-connected
disability.
Financial and Non-Financial Performance Incentive Awards for Quality
Veterans Employment, Training, and Placement Services
current law
No provision.
House bill
Section 3 of H.R. 4015 would create a new section 4112
within chapter 41 of title 38, United States Code, to require
the Secretary to carry out a program of performance incentive
awards to States to encourage improvement and modernization
of employment, training and placement services to veterans.
The Secretary would provide greater amounts to States that
furnish the highest quality of services, but also would
provide awards to States that have made significant
improvements in services. States could use such awards to
hire additional State veterans' employment and training staff
or for such other purposes relating to these services that
the Secretary may approve. Awards would be obligated by the
State during the program year in which the award was received
and the subsequent program year.
Section 3 also would authorize additional funds to be
appropriated for the Secretary to carry out the program of
performance incentive awards in the following amounts: $10
million for the program year beginning in fiscal year 2004;
$25 million for the program year beginning in fiscal year
2005; $50 million for the program year beginning in fiscal
year 2006; $75 million for the program year beginning in
fiscal year 2007; and $100 million for the program year
beginning in fiscal year 2008.
compromise agreement
Section 3 of the Compromise Agreement would establish a
system of financial and non-financial incentive awards to be
administered by the States, based on criteria established by
the Secretary in consultation with the States. Disabled
Veterans Outreach Program Specialists (``DVOP''), Local
Veterans Employment Representatives (``LVER''), Workforce
Investment Act (``WIA''), and Wagner-Peyser staffs would be
eligible for each award. Beginning in program years during or
after fiscal year 2004, the Secretary would be required to
identify and assign one percent of the annual grant to each
State for the State to use as a performance incentive
financial award (see section 4). Under this section, each
State would be
[[Page H8004]]
required to describe how it would administer this award in
its annual grant application to the Secretary (see section
4). States would also administer the non-financial
performance incentive award program based on criteria
established by the Secretary.
The Committees intend that the Secretary's criteria be
broad in order to give States maximum flexibility in the
manner chosen to recognize employees for excellence in
service delivery to veterans or improvements thereto. The
Committees also intend that States use Salary and Expense
(S&E) funds to pay for such items as employee recognition
plaques and other modest forms of recognition, as part of the
non-financial performance incentive awards program.
Refinement of Job Training and Placement Functions of the Department
current law
Chapter 41 of title 38, United States Code, establishes
policies governing the administration of veterans' employment
and training services by the States, as funded by Department
of Labor funds.
Section 4101 of title 38, United States Code, defines terms
used in the chapter, such as ``disabled veteran,'' ``eligible
person,'' and ``local employment service office.''
In section 4102, Congress declares as its intent and
purpose that there shall be an effective: (1) job and
training counseling service program; (2) employment placement
service program; and (3) job training placement service
program for eligible veterans and eligible persons.
Section 4102A specifies the job duties of the Assistant
Secretary of Labor for Veterans' Employment and Training
(``ASVET'') and Regional Administrators for Veterans'
Employment and Training (``RAVET''). The RAVET is required to
be a veteran. The Deputy Assistant Secretary for Veterans
Employment and Training (``DASVET'') is also required to be a
veteran. The ASVET need not be a veteran.
Section 4103 prescribes in detail the 15 job duties of
Directors (``DVET'') and Assistant Directors (``ADVET'') of
Veterans' Employment and Training. It also requires that the
Secretary of Labor assign to each State one ADVET for every
250,000 veterans and eligible persons in the State veteran's
population.
Section 4103A prescribes the appointment of one DVOP for
every 7,400 veterans who are between the ages of 20 and 64
residing in each State. This section also requires that each
DVOP be a veteran and specifies that preference be given to
qualified disabled veterans in filling these positions. It
prescribes where a DVOP is to be stationed in furnishing
services and the specific functions that DVOP perform.
Section 4104 requires that in any fiscal year funding be
available to the States to employ 1,600 full-time LVERs. This
section prescribes that funding furnished to the States for
LVERs shall be assigned in each State on January 1, 1987,
plus one additional LVER per State. This section also
specifies in detail the manner in which the 1,600 LVERs shall
be allocated to the States, and the manner in which the
States shall assign LVERs to local employment service offices
based on the number of veterans and eligible persons who
register for assistance. This section also requires that in
appointing LVERs, preference shall be given to qualified
eligible veterans or eligible persons. Preference is accorded
first to qualified eligible veterans, and then to qualified
eligible persons. Lastly, this section prescribes the
specific functions that LVERs shall perform.
Section 4104A requires that each State employment agency
develop and apply DVOP and LVER programs. It requires the
Secretary to furnish prototype standards to the States. This
section also requires DVETs and ADVETs to furnish appropriate
assistance to States in developing and implementing such
standards.
Section 4106 requires the Secretary to estimate the funds
necessary for the proper and efficient administration of
chapters 41, 42, and 43 of title 38, United States Code. This
section authorizes such sums as may be necessary for
administration of chapter 41 services, including the National
Veterans' Employment and Training Services Institute
(``NVETSI'').
In general, section 4107 of title 38, United States Code,
requires the Secretary of Labor to establish and carry out
various administrative controls to ensure veterans and
eligible persons receive job placement, job training, or some
other form of assistance such as individual job development
or employment counseling services. This section also requires
the Secretary to submit to the Committees on Veterans'
Affairs of the House and Senate not later than February 1 of
each year, a report on the success during the previous
program year of the Department of Labor (``DOL'') and State
employment service agencies in furnishing veterans'
employment and training services.
Section 4109 requires that the Secretary make available
such funds as may be necessary to operate a NVETSI for
training DVOP, LVER, DVET, ADVET, and RAVET personnel.
house bill
Section 4 of H.R. 4015 would amend sections 4102A, 4103,
4103A, 4104, and 4109 of title 38, United States Code.
Section 4 of H.R. 4015 would amend current law section
4102A, of title 38, United States Code. The ASVET would be
required to be a veteran. It also would impose new
qualifications for the position of DASVET. In doing so, it
would make this position a career federal civil service
position. The individual appointed to this position would be
required to have at least five years of continuous Federal
service in the executive branch immediately preceding
appointment as Deputy Assistant Secretary, and to be a
veteran.
This section would set forth conditions for receipt of
funding by States to include a requirement that a State
submit an application for a grant or contract describing the
manner in which the State would furnish employment, training,
and placement services. A service delivery plan would include
a description of the DVOP and LVER duties assigned by the
State and other matters.
Section 4 would revise the methods by which the Secretary
furnishes funds to a State. It would require the Secretary to
make funds available for a fiscal year to each State in
proportion to the number of veterans seeking employment using
such criteria as the Secretary may establish in regulations.
Under this section, the proportion of funding would reflect
the ratio of the total number of veterans residing in the
State who are seeking employment to the total number of
veterans seeking employment in all States.
Section 4 also would require:
1. A State to annually submit to the Secretary of Labor an
application for a grant or contract that includes a plan
describing the manner in which the State would furnish
employment, training, and placement services, with a
description of DVOP and LVER duties assigned by the State.
The plan would also be required to describe the manner in
which DVOPs and LVERs would be integrated into the employment
service delivery systems in the State, the veteran population
to be served, and additional information the Secretary might
require;
2. The Secretary to make available to each State based on
an application approved by the Secretary, an amount of
funding in proportion to the number of veterans seeking
employment using such criteria as the Secretary might
establish in regulation, including civilian labor force and
unemployment data;
3. The Secretary to phase-in such annual funding over the
three fiscal year-periods that begin on October 1, 2002;
4. The Secretary to establish minimum funding levels and
hold-harmless criteria in administering funding to the
States;
5. The State to develop and implement a corrective action
plan to be submitted to the Secretary when a State has an
entered-employment rate that the Secretary determines is
deficient for the preceding year;
6. The Secretary to establish by regulation a uniform
national threshold entered-employment rate for a program year
by which determinations of deficiency might be made. The
Secretary would be required to take into account the
applicable annual unemployment data for the State and
consider other factors, such as prevailing economic
conditions, that affect performance of individuals providing
employment, training, and placement services in the State;
7. The State to notify the Secretary on an annual basis of,
and provide a supporting rationale for, each non-veteran who
is employed as a DVOP and LVER for a period in excess of six
months;
8. The Secretary to assign to each region a representative
of the Veterans' Employment and Training Service (``VETS'')
to serve as RAVET. The RAVET would be required to be a
veteran; and
9. The ASVET to establish and implement a comprehensive
accountability system to measure the performance of delivery
systems in a State. The accountability system would be
required to be (1) consistent with State performance measures
applicable under section 136(b) of the Workforce Investment
Act of 1998, and (2) appropriately weighted to provide
special consideration for veterans requiring intensive
services and for veterans who enroll in readjustment
counseling services furnished by the Department of Veterans
Affairs.
Supervisory Personnel. Section 4 would also amend current
section 4103 of title 38, United States Code, to authorize
the Secretary to assign as supervisory personnel such
representatives of VETS as the Secretary determines
appropriate. It would also replace the specific requirements
for appointment of ADVET with a more flexible authority to
appoint supervisory personnel.
Disabled Veterans Outreach Program Specialists. This
section would amend current section 4103A of title 38, United
States Code, to require, subject to approval by the
Secretary, that States employ a sufficient number of full or
part-time DVOPs to carry out intensive services to meet the
employment needs of special disabled veterans, other disabled
veterans and other eligible veterans. It would require to the
maximum extent practicable, that such employees be qualified
veterans. Preference would be given to qualified disabled
veterans.
Local Veterans Employment Specialists. Section 4 would
amend current law section 4104 of title 38, United States
Code, by requiring, subject to approval by the Secretary,
that a State employ such full and part-time LVERs as the
State determines appropriate and efficient to carry out
employment, training and placement services. It would
require, to the maximum extent practicable, that such
employees be qualified veterans.
This section would require that each LVER be
administratively responsible to the manager of the employment
service delivery system. Under this section, the LVER would
[[Page H8005]]
provide reports, not less frequently than quarterly, to the
manager of such office and to the DVET for the State
regarding compliance with Federal law and regulations with
respect to special services and priorities for eligible
veterans and eligible persons.
National Veterans' Employment and Training Services
Institute. Additionally, section 4 would amend current
section 4109 of title 38, United States Code, to clarify the
authority of the NVETSI to enter into contracts or agreements
with departments or agencies of the United States or of a
State, or with other organizations, to carry out training in
providing veterans' employment, training, and placement
services. Further, it would require that each annual budget
submission include a separate listing of the amount of
funding proposed for NVETSI.
Finally, section 4 would require that the Secretary, within
18 months of enactment, enhance the delivery of services by
providing ``one-stop'' services and assistance to covered
persons by way of the Internet and by other electronic means.
Compromise Agreement
Section 4 of the Compromise Agreement follows the House
language with amendments.
Under this section, the individual appointed as DASVET
would be required to have at least five years of service in a
management position as a Federal civil service employee or
comparable service in a management position in the Armed
Forces preceding appointment as DASVET.
The annual grant application plan submitted by the States
would have an additional requirement to describe the manner
in which the respective States would administer the
performance incentives established in section 3. The
Committees note that other aspects of the State plan and
grant application requirements contained in the House-passed
bill, such as describing DVOP and LVER duties, are retained.
The Compromise Agreement clarifies that State corrective
action plans would be submitted to the Secretary for
approval, and if approved, would be expeditiously
implemented. If the Secretary disapproved a corrective action
plan, the Secretary would be required to take such steps as
would be necessary for the State to implement corrective
actions.
The Secretary would also be required to identify and assign
one percent of the funding grant to each State to establish
financial performance incentive awards. Further, the
Secretary would have on-going authority to furnish technical
assistance to any State that the Secretary determines has, or
may have, a deficient entered-employment rate, including
assistance in developing a corrective action plan.
The Committees intend that the Secretary should offer
technical assistance in an anticipatory way, so as to avoid
deficient performance.
The Compromise Agreement would require that the DVET be a
bona fide resident of the State for two years to qualify for
such a position.
Lastly, the Compromise Agreement does not require that the
ASVET, DASVET, RVET, DVET, or ADVET be veterans. The
Committees encourage the appointment of veterans to these
positions, but do not believe a statutory requirement is
necessary.
The amendments made by subsection (a) revising department
level senior officials and functions, and subsection (b)
revising statutorily-defined duties of DVOP and LVERs, would
take effect on the date of enactment of this Act, and apply
to program and fiscal years under chapter 41 of title 38,
United States Code, beginning on or after such date.
Additional Improvements in Veterans' Employment and Training Services
Current Law
Sections 4102, 4106(a), 4107(a), 4107(c)(1), and section
4109(a) of title 38, United States Code, refer to terms such
as ``job and job training counseling service program.''
``proper counseling,'' ``employment counseling services,''
``the number counseled,'' and ``counseling,'' respectively,
in describing services available to veterans and eligible
persons under this chapter.
Section 4101(7) of title 38, United States Code, defines
the term ``local employment service office'' as a service
delivery point which has an intrinsic management structure
and at which employment services are offered in accordance
with the Wagner-Peyser Act.
Section 4107(c)(1) of title 38, United States Code, defines
``veterans of the Vietnam era'' as a group which the
Secretary must address with respect to various employment and
training services in the annual report to the Committees on
Veterans' Affairs. Section 4107(c)92) requires submission in
the report of data on the ``job placement rate'' for veterans
and eligible persons.
House Bill
Section 5 of H.R. 4015 would substitute the words
``intensive services'' for the word ``counseling'' throughout
chapter 41 of title 38, United States Code, so as to make the
chapter consistent with section 134(d)(3) of the Workforce
Investment Act of 1998, Public Law 105-220. This section
would also add programs carried out by the VETS to ease
transition of servicemembers to civilian careers as a new
program the Secretary would administer.
This section of the bill would make a definitional change
so as to replace ``local employment service office'' and its
current-law definition with ``employment service delivery
system,'' The latter term would be redefined as a service
delivery system at which or through which labor exchange
services, including employment, training, and placement
services, are offered in accordance with the Wagner-Peyser
Act.
This section also would replace ``job placement rate'' with
``the rate of entered employment (as determined in a manner
consistent with State performance measure applicable under
section 136(b) of the Workforce Investment Act of 1998).''
Further, with respect to the Secretary's annual report, it
would replace ``veterans of the Vietnam era'' and ``eligible
persons registered for assistance'' with ''eligible persons,
recently separated veterans (as defined in section 4211(6) of
title 38), and servicemembers transitioning to civilian
careers who are registered for assistance,''Lastly, section 5
would add two additional requirements to the Secretary's
annual report submitted to the Committees on Veterans'
Affairs of the House and Senate. First, the report must
include information on the operation during the preceding
program year of the program of performance incentive awards
for quality employment services under section 4112 of this
title, including an analysis of the amount of incentives
distributed to each State and the rational for such
distribution. Second, a report would be required on the
``performance of States and organizations and entities
carrying out employment, training, and placement services
under this chapter, as measured by revised performance
criteria. In the case of a State that the Secretary
determines has not met the minimum standard of performance
established by the Secretary, the Secretary would be required
to include an analysis of the extent and reasons for the
State's failure to meet that minimum standard, together with
the State's plan for corrective action during the succeeding
year.''
Compromise Agreement
Section 5 of the Compromise Agreement follows the House
language with an amendment. The Secretary's annual report to
the Committees on Veterans' Affairs of the House and Senate
would be required to include information on the operation
during the preceding program year of performance incentive
awards for quality employment services administered through
the States. The report would not require an analysis of the
amount of incentives distributed to each State and the
rationale for such distribution because each State's DVOP/
LVER grant would identify and assign one percent of the grant
for use by the State for the financial incentive awards.
Committee To Raise Employer Awareness of Skills of Veterans and
Benefits or Hiring Veterans
Current Law
No provision.
House Bill
Section 6 of H.R. 4015 would authorize $3 million to be
appropriated to the Secretary of labor from the Employment
Security Administration account in the Unemployment Trust
Fund for each of fiscal years 2003 through 2005 to establish
within the Department of Labor the President's National Hire
Veterans Committee. The Committee would furnish information
to employers with respect to the training and skills of
veterans and disabled veterans, and with respect to the
advantages afforded employers by hiring veterans. The
Secretary of Labor would provide staff and administrative
support to the Committee to assist it in carrying out its
duties under this section. Upon request of the Committee, the
head of any Federal department or agency would be authorized
to detail staff on a non-reimbursable basis. The Committee
would also have the authority to contract with government and
private agencies to furnish information to employers. The
Committee would terminate on December 31, 2005.
Compromise agreement
Section 6 of the Compromise Agreement contains the House
language.
Sense of Congress Commending Veterans and Military Service
Organizations
current Law
No provision.
House Bill
Section 7 of H.R. 4015 would express the sense of Congress
commending veterans and military service organizations, and
encouraging them to provide job placement assistance to
veterans who are job-ready by making personal computers
available to them with access to electronic job placement
services and programs.
Compromise Agreement
The Compromise Agreement does not include this section.
Report on Implementation of Employment Reforms
Current Law
No provision.
House Bill
Section 8 of H.R. 4015 would authorize $1 million for the
Secretary of Labor to enter into a contract with an
appropriate organization or entity to conduct an 18-month
study to quantify the economic benefit to the United States
attributable to the provision of employment and training
services provided under chapter 41 of title 38, United States
Code, in helping veterans to attain long-term, sustained
employment.
[[Page H8006]]
Compromise Agreement
Section 7 of the compromise Agreement would direct the
Comptroller General of the United States to conduct a study
on the implementation by the Secretary of Labor of the
provisions of this title during the program years that begin
during fiscal years 2003 and 2004. The study would include an
assessment of the effect of this title on employment,
training, and placement services furnished to veterans. Not
later than six months after the conclusion of the program
year that begins during fiscal year 2004, the Comptroller
General would submit to Congress a report on the conducted
study. Under this section, the report would include
recommendations for legislation or administrative action.
This is a bipartisan bill, and I urge Members to support
it.
Concurred in Senate Amendment to House Amendment to Senate Amendments
H.R. 3253, to amend title 38, United States Code, to provide for the
establishment within the Department of Veterans Affairs of improved
emergency medical preparedness, research, and education programs to
combat terrorism, and for other purposes.
Senate amendment to House amendment to Senate amendments:
In lieu of the matter proposed to be inserted by the House
amendment to the text of the bill, insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans
Affairs Emergency Preparedness Act of 2002''.
SEC. 2. ESTABLISHMENT OF MEDICAL EMERGENCY PREPAREDNESS
CENTERS AT DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTERS.
(a) In General.--(1) Subchapter II of chapter 73 of title
38, United States Code, is amended by adding at the end the
following new section:
``Sec. 7325. Medical emergency preparedness centers
``(a) Establishment of Centers.--(1) The Secretary shall
establish four medical emergency preparedness centers in
accordance with this section. Each such center shall be
established at a Department medical center and shall be
staffed by Department employees.
``(2) The Under Secretary for Health shall be responsible
for supervising the operation of the centers established
under this section. The Under Secretary shall provide for
ongoing evaluation of the centers and their compliance with
the requirements of this section.
``(3) The Under Secretary shall carry out the Under
Secretary's functions under paragraph (2) in consultation
with the Assistant Secretary of Veterans Affairs with
responsibility for operations, preparedness, security, and
law enforcement functions.
``(b) Mission.--The mission of the centers shall be as
follows:
``(1) To carry out research on, and to develop methods of
detection, diagnosis, prevention, and treatment of injuries,
diseases, and illnesses arising from the use of chemical,
biological, radiological, incendiary or other explosive
weapons or devices posing threats to the public health and
safety.
``(2) To provide education, training, and advice to health
care professionals, including health care professionals
outside the Veterans Health Administration, through the
National Disaster Medical System established pursuant to
section 2811(b) of the Public Health Service Act (42 U.S.C.
300hh-11(b)) or through interagency agreements entered into
by the Secretary for that purpose.
``(3) In the event of a disaster or emergency referred to
in section 1785(b) of this title, to provide such laboratory,
epidemiological, medical, or other assistance as the
Secretary considers appropriate to Federal, State, and local
health care agencies and personnel involved in or responding
to the disaster or emergency.
``(c) Selection of Centers.--(1) The Secretary shall select
the sites for the centers on the basis of a competitive
selection process. The Secretary may not designate a site as
a location for a center under this section unless the
Secretary makes a finding under paragraph (2) with respect to
the proposal for the designation of such site. To the maximum
extent practicable, the Secretary shall ensure the geographic
dispersal of the sites throughout the United States. Any such
center may be a consortium of efforts of more than one
medical center.
``(2) A finding by the Secretary referred to in paragraph
(1) with respect to a proposal for designation of a site as a
location of a center under this section is a finding by the
Secretary, upon the recommendations of the Under Secretary
for Health and the Assistant Secretary with responsibility
for operations, preparedness, security, and law enforcement
functions, that the facility or facilities submitting the
proposal have developed (or may reasonably be anticipated to
develop) each of the following:
``(A) An arrangement with a qualifying medical school and a
qualifying school of public health (or a consortium of such
schools) under which physicians and other persons in the
health field receive education and training through the
participating Department medical facilities so as to provide
those persons with training in the detection, diagnosis,
prevention, and treatment of injuries, diseases, and
illnesses induced by exposures to chemical and biological
substances, radiation, and incendiary or other explosive
weapons or devices.
``(B) An arrangement with a graduate school specializing in
epidemiology under which students receive education and
training in epidemiology through the participating Department
facilities so as to provide such students with training in
the epidemiology of contagious and infectious diseases and
chemical and radiation poisoning in an exposed population.
``(C) An arrangement under which nursing, social work,
counseling, or allied health personnel and students receive
training and education in recognizing and caring for
conditions associated with exposures to toxins through the
participating Department facilities.
``(D) The ability to attract scientists who have made
significant contributions to the development of innovative
approaches to the detection, diagnosis, prevention, or
treatment of injuries, diseases, and illnesses arising from
the use of chemical, biological, radiological, incendiary or
other explosive weapons or devices posing threats to the
public health and safety.
``(3) For purposes of paragraph (2)(A)--
``(A) a qualifying medical school is an accredited medical
school that provides education and training in toxicology and
environmental health hazards and with which one or more of
the participating Department medical centers is affiliated;
and
``(B) a qualifying school of public health is an accredited
school of public health that provides education and training
in toxicology and environmental health hazards and with which
one or more of the participating Department medical centers
is affiliated.
``(d) Research Activities.--Each center shall conduct
research on improved medical preparedness to protect the
Nation from threats in the area of that center's expertise.
Each center may seek research funds from public and private
sources for such purpose.
``(e) Dissemination of Research Products.--(1) The Under
Secretary for Health and the Assistant Secretary with
responsibility for operations, preparedness, security, and
law enforcement functions shall ensure that information
produced by the research, education and training, and
clinical activities of centers established under this section
is made available, as appropriate, to health-care providers
in the United States. Dissemination of such information shall
be made through publications, through programs of continuing
medical and related education provided through regional
medical education centers under subchapter VI of chapter 74
of this title, and through other means. Such programs of
continuing medical education shall receive priority in the
award of funding.
``(2) The Secretary shall ensure that the work of the
centers is conducted in close coordination with other Federal
departments and agencies and that research products or other
information of the centers shall be coordinated and shared
with other Federal departments and agencies.
``(f) Coordination of Activities.--The Secretary shall take
appropriate actions to ensure that the work of each center is
carried out--
``(1) in close coordination with the Department of Defense,
the Department of Health and Human Services, and other
departments, agencies, and elements of the Government charged
with coordination of plans for United States homeland
security; and
``(2) after taking into consideration applicable
recommendations of the working group on the prevention,
preparedness, and response to bioterrorism and other public
health emergencies established under section 319F(a) of the
Public Health Service Act (42 U.S.C. 247d-6(a)) or any other
joint interagency advisory group or committee designated by
the President or the President's designee to coordinate
Federal research on weapons of mass destruction.
``(g) Assistance to Other Agencies.--The Secretary may
provide assistance requested by appropriate Federal, State,
and local civil and criminal authorities in investigations,
inquiries, and data analyses as necessary to protect the
public safety and prevent or obviate biological, chemical, or
radiological threats.
``(h) Detail of Employees From Other Agencies.--Upon
approval by the Secretary, the Director of a center may
request the temporary assignment or detail to the center, on
a nonreimbursable basis, of employees from other departments
and agencies of the United States who have expertise that
would further the mission of the center. Any such employee
may be so assigned or detailed on a nonreimbursable basis
pursuant to such a request.
``(i) Funding.--(1) Amounts appropriated for the activities
of the centers under this section shall be appropriated
separately from amounts appropriated for the Department for
medical care.
``(2) In addition to funds appropriated for a fiscal year
specifically for the activities of the centers pursuant to
paragraph (1), the Under Secretary for Health shall allocate
to such centers from other funds appropriated for that fiscal
year generally for the Department medical care account and
the Department medical and prosthetics research account such
amounts as the Under Secretary determines appropriate to
carry out the purposes of this section. Any determination by
the Under Secretary under the preceding sentence shall be
made in consultation with the Assistant Secretary with
responsibility for operations, preparedness, security, and
law enforcement functions.
``(3) There are authorized to be appropriated for the
centers under this section $20,000,000 for each of fiscal
years 2003 through 2007.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
7324 the following new item:
``7325. Medical emergency preparedness centers.''.
(b) Peer Review for Designation of Centers.--(1) In order
to assist the Secretary of Veterans Affairs and the Under
Secretary of Veterans Affairs for Health in selecting sites
for centers under section 7325 of title 38, United
[[Page H8007]]
States Code, as added by subsection (a), the Under Secretary
shall establish a peer review panel to assess the scientific
and clinical merit of proposals that are submitted to the
Secretary for the designation of such centers. The peer
review panel shall be established in consultation with the
Assistant Secretary of Veterans Affairs with responsibility
for operations, preparedness, security, and law enforcement
functions.
(2) The peer review panel shall include experts in the
fields of toxicological research, infectious diseases,
radiology, clinical care of patients exposed to such hazards,
and other persons as determined appropriate by the Secretary.
Members of the panel shall serve as consultants to the
Department of Veterans Affairs.
(3) The panel shall review each proposal submitted to the
panel by the officials referred to in paragraph (1) and shall
submit to the Under Secretary for Health its views on the
relative scientific and clinical merit of each such proposal.
The panel shall specifically determine with respect to each
such proposal whether that proposal is among those proposals
which have met the highest competitive standards of
scientific and clinical merit.
(4) The panel shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
SEC. 3. EDUCATION AND TRAINING PROGRAMS ON MEDICAL RESPONSES
TO CONSEQUENCES OF TERRORIST ACTIVITIES.
(a) In General.--(1) Subchapter II of chapter 73 of title
38, United States Code, is amended by adding after section
7325, as added by section 2(a)(1), the following new section:
``Sec. 7326. Education and training programs on medical
response to consequences of terrorist activities
``(a) Education Program.--The Secretary shall carry out a
program to develop and disseminate a series of model
education and training programs on the medical responses to
the consequences of terrorist activities.
``(b) Implementing Official.--The program shall be carried
out through the Under Secretary for Health, in consultation
with the Assistant Secretary of Veterans Affairs with
responsibility for operations, preparedness, security, and
law enforcement functions.
``(c) Content of Programs.--The education and training
programs developed under the program shall be modelled after
programs established at the F. Edward Hebert School of
Medicine of the Uniformed Services University of the Health
Sciences and shall include, at a minimum, training for health
care professionals in the following:
``(1) Recognition of chemical, biological, radiological,
incendiary, or other explosive agents, weapons, or devices
that may be used in terrorist activities.
``(2) Identification of the potential symptoms of exposure
to those agents.
``(3) Understanding of the potential long-term health
consequences, including psychological effects, resulting from
exposure to those agents, weapons, or devices.
``(4) Emergency treatment for exposure to those agents,
weapons, or devices.
``(5) An appropriate course of followup treatment,
supportive care, and referral.
``(6) Actions that can be taken while providing care for
exposure to those agents, weapons, or devices to protect
against contamination, injury, or other hazards from such
exposure.
``(7) Information on how to seek consultative support and
to report suspected or actual use of those agents.
``(d) Potential Trainees.--In designing the education and
training programs under this section, the Secretary shall
ensure that different programs are designed for health-care
professionals in Department medical centers. The programs
shall be designed to be disseminated to health professions
students, graduate health and medical education trainees, and
health practitioners in a variety of fields.
``(e) Consultation.--In establishing education and training
programs under this section, the Secretary shall consult with
appropriate representatives of accrediting, certifying, and
coordinating organizations in the field of health professions
education.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
7325, as added by section 2(a)(2), the following new item:
``7326. Education and training programs on medical response to
consequences of terrorist activities.''.
(b) Effective Date.--The Secretary of Veterans Affairs
shall implement section 7326 of title 38, United States Code,
as added by subsection (a), not later than the end of the 90-
day period beginning on the date of the enactment of this
Act.
SEC. 4. AUTHORITY TO FURNISH HEALTH CARE DURING MAJOR
DISASTERS AND MEDICAL EMERGENCIES.
(a) In General.--(1) Subchapter VIII of chapter 17 of title
38, United States Code, is amended by adding at the end the
following new section:
``Sec. 1785. Care and services during certain disasters and
emergencies
``(a) Authority To Provide Hospital Care and Medical
Services.--During and immediately following a disaster or
emergency referred to in subsection (b), the Secretary may
furnish hospital care and medical services to individuals
responding to, involved in, or otherwise affected by that
disaster or emergency.
``(b) Covered Disasters and Emergencies.--A disaster or
emergency referred to in this subsection is any disaster or
emergency as follows:
``(1) A major disaster or emergency declared by the
President under the Robert B. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
``(2) A disaster or emergency in which the National
Disaster Medical System established pursuant to section
2811(b) of the Public Health Service Act (42 U.S.C. 300hh-
11(b)) is activated by the Secretary of Health and Human
Services under paragraph (3)(A) of that section or as
otherwise authorized by law.
``(c) Applicability to Eligible Individuals Who Are
Veterans.--The Secretary may furnish care and services under
this section to an individual described in subsection (a) who
is a veteran without regard to whether that individual is
enrolled in the system of patient enrollment under section
1705 of this title.
``(d) Reimbursement From Other Federal Departments and
Agencies.--(1) The cost of any care or services furnished
under this section to an officer or employee of a department
or agency of the United States other than the Department or
to a member of the Armed Forces shall be reimbursed at such
rates as may be agreed upon by the Secretary and the head of
such department or agency or the Secretary concerned, in the
case of a member of the Armed Forces, based on the cost of
the care or service furnished.
``(2) Amounts received by the Department under this
subsection shall be credited to the Medical Care Collections
Fund under section 1729A of this title.
``(e) Report to Congressional Committees.--Within 60 days
of the commencement of a disaster or emergency referred to in
subsection (b) in which the Secretary furnishes care and
services under this section (or as soon thereafter as is
practicable), the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and the House of
Representatives a report on the Secretary's allocation of
facilities and personnel in order to furnish such care and
services.
``(f) Regulations.--The Secretary shall prescribe
regulations governing the exercise of the authority of the
Secretary under this section.''.
(2) The table of sections at the beginning of that chapter
is amended by adding at the end the following new item:
``1785. Care and services during certain disasters and emergencies.''.
(b) Members of the Armed Forces on Active Duty.--Section
8111A(a) of such title is amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) by designating the second sentence of paragraph (1) as
paragraph (3); and
(3) by inserting between paragraph (1) and paragraph (3),
as designated by paragraph (2) of this subsection, the
following new paragraph:
``(2)(A) During and immediately following a disaster or
emergency referred to in subparagraph (B), the Secretary may
furnish hospital care and medical services to members of the
Armed Forces on active duty responding to or involved in that
disaster or emergency.
``(B) A disaster or emergency referred to in this
subparagraph is any disaster or emergency as follows:
``(i) A major disaster or emergency declared by the
President under the Robert B. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
``(ii) A disaster or emergency in which the National
Disaster Medical System established pursuant to section
2811(b) of the Public Health Service Act (42 U.S.C. 300hh-
11(b)) is activated by the Secretary of Health and Human
Services under paragraph (3)(A) of that section or as
otherwise authorized by law.''.
SEC. 5. INCREASE IN NUMBER OF ASSISTANT SECRETARIES OF
VETERANS AFFAIRS.
(a) Increase.--Subsection (a) of section 308 of title 38,
United States Code, is amended by striking ``six'' in the
first sentence and inserting ``seven''.
(b) Functions.--Subsection (b) of such section is amended
by adding at the end the following new paragraph:
``(11) Operations, preparedness, security, and law
enforcement functions.''.
(c) Number of Deputy Assistant Secretaries.--Subsection
(d)(1) of such section is amended by striking ``18'' and
inserting ``19''.
(d) Conforming Amendment.--Section 5315 of title 5, United
States Code, is amended by striking ``(6)'' after ``Assistant
Secretaries, Department of Veterans Affairs'' and inserting
``(7)''.
SEC. 6. CODIFICATION OF DUTIES OF SECRETARY OF VETERANS
AFFAIRS RELATING TO EMERGENCY PREPAREDNESS.
(a) In General.--(1) Subchapter I of chapter 81 of title
38, United States Code, is amended by adding at the end the
following new section:
``Sec. 8117. Emergency preparedness
``(a) Readiness of Department Medical Centers.--(1) The
Secretary shall take appropriate actions to provide for the
readiness of Department medical centers to protect the
patients and staff of such centers from chemical or
biological attack or otherwise to respond to such an attack
so as to enable such centers to fulfill their obligations as
part of the Federal response to public health emergencies.
``(2) Actions under paragraph (1) shall include--
``(A) the provision of decontamination equipment and
personal protection equipment at Department medical centers;
and
``(B) the provision of training in the use of such
equipment to staff of such centers.
``(b) Security at Department Medical and Research
Facilities.--(1) The Secretary shall take appropriate actions
to provide for the security of Department medical centers and
research facilities, including staff and patients at such
centers and facilities.
``(2) In taking actions under paragraph (1), the Secretary
shall take into account the results of the evaluation of the
security needs at Department medical centers and research
facilities required by section 154(b)(1) of the Public Health
Security and Bioterrorism Preparedness and Response Act of
2002 (Public Law 107-188; 116 Stat. 631), including the
results of such evaluation relating to the following needs:
[[Page H8008]]
``(A) Needs for the protection of patients and medical
staff during emergencies, including a chemical or biological
attack or other terrorist attack.
``(B) Needs, if any, for screening personnel engaged in
research relating to biological pathogens or agents,
including work associated with such research.
``(C) Needs for securing laboratories or other facilities
engaged in research relating to biological pathogens or
agents.
``(c) Tracking of Pharmaceuticals and Medical Supplies and
Equipment.--The Secretary shall develop and maintain a
centralized system for tracking the current location and
availability of pharmaceuticals, medical supplies, and
medical equipment throughout the Department health care
system in order to permit the ready identification and
utilization of such pharmaceuticals, supplies, and equipment
for a variety of purposes, including response to a chemical
or biological attack or other terrorist attack.
``(d) Training.--The Secretary shall ensure that the
Department medical centers, in consultation with the
accredited medical school affiliates of such medical centers,
develop and implement curricula to train resident physicians
and health care personnel in medical matters relating to
biological, chemical, or radiological attacks or attacks from
an incendiary or other explosive weapon.
``(e) Participation in National Disaster Medical System.--
(1) The Secretary shall establish and maintain a training
program to facilitate the participation of the staff of
Department medical centers, and of the community partners of
such centers, in the National Disaster Medical System
established pursuant to section 2811(b) of the Public Health
Service Act (42 U.S.C. 300hh-11(b)).
``(2) The Secretary shall establish and maintain the
training program under paragraph (1) in accordance with the
recommendations of the working group on the prevention,
preparedness, and response to bioterrorism and other public
health emergencies established under section 319F(a) of the
Public Health Service Act (42 U.S.C. 247d-6(a)).
``(3) The Secretary shall establish and maintain the
training program under paragraph (1) in consultation with the
following:
``(A) The Secretary of Defense.
``(B) The Secretary of Health and Human Services.
``(C) The Director of the Federal Emergency Management
Agency.
``(f) Mental Health Counseling.--(1) With respect to
activities conducted by personnel serving at Department
medical centers, the Secretary shall develop and maintain
various strategies for providing mental health counseling and
assistance, including counseling and assistance for post-
traumatic stress disorder, following a bioterrorist attack or
other public health emergency to the following persons:
``(A) Veterans.
``(B) Local and community emergency response providers.
``(C) Active duty military personnel.
``(D) Individuals seeking care at Department medical
centers.
``(2) The strategies under paragraph (1) shall include the
following:
``(A) Training and certification of providers of mental
health counseling and assistance.
``(B) Mechanisms for coordinating the provision of mental
health counseling and assistance to emergency response
providers referred to in paragraph (1).
``(3) The Secretary shall develop and maintain the
strategies under paragraph (1) in consultation with the
Secretary of Health and Human Services, the American Red
Cross, and the working group referred to in subsection
(e)(2).''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
8116 the following new item:
``8117. Emergency preparedness.''.
(b) Repeal of Codified Provisions.--Subsections (a),
(b)(2), (c), (d), (e), and (f) of section 154 of the Public
Health Security and Bioterrorism Preparedness and Response
Act of 2002 (Public Law 107-188; 38 U.S.C. note prec. 8101)
are repealed.
(c) Conforming Amendments.--Subsection (g) of such section
is amended--
(1) in paragraph (1), by inserting ``of section 8117 of
title 38, United States Code'' after ``subsection (a)''; and
(2) in paragraph (2), by striking ``subsections (b) through
(f)'' and inserting ``subsection (b)(1) of this section and
subsections (b) through (f) of section 8117 of title 38,
United States Code''.
Mr. SMITH of New Jersey. Mr. Speaker, I rise to urge my colleagues to
support H.R. 3253, as amended, the ``Department of Veterans Affairs
Emergency Preparedness Act of 2002.'' H.R. 3253 will provide the
federal government with another tool to prevent, or if necessary,
respond to future acts of terrorism against the United States. This
legislation will mobilize the strength of the VA heath care
infrastructure in defending our nation against future acts of
terrorism.
Almost exactly one year ago today, on October 15, 2001, I chaired a
hearing of the Veterans' Affairs Committee to examine the role of the
Department of Veterans Affairs in homeland security. At that hearing, I
proposed to use VA's expertise in biomedical research to help in
finding treatments and vaccines against deadly chemical and biological
threats posed by terrorists. Just two days later, Congress was itself
facing anthrax attacks from letters that had been sent through the main
post office in my congressional district in Hamilton, New Jersey.
Mr. Speaker, I know from my own experience during these anthrax
attacks that our nation needs to quickly develop new tests and
treatments for anthrax and other dangerous biological and chemical
agents that could be used by terrorists. When anthrax was discovered in
the Hamilton Post Office, I was astounded to discover that there were
no existing protocols to test, quarantine, or threat victims. The
confusion that followed discovery of anthrax made a bad situation even
worse. We must learn from that experience.
H.R. 3253 will marshal some of our nation's best and brightest
scientists in a focused effort to develop new protocols for testing,
vaccinating and treatment our citizens who may be victims of
biological, chemical and radiological terrorism.
Although it may come as a surprise to many, the Department of
Veterans Affairs operates our nation's largest integrated health care
network, with over 200,000 health care practitioners, 163 medical
centers, more than 800 outpatient clinics, 115 medical research
programs, affiliations with over 100 schools of medicine and a $25
billion annual budget, including over $1 billion for its research
programs.
The VA health care system must be an integral component of any
homeland security strategy. In fact, VA already does have defined roles
in both the National Disaster Medical System (NDMS) and the Federal
Response Plan (FRP) in the event of national emergencies.
Among VA's current specialized duties are: conducting and evaluating
disaster and terrorist attack simulation exercises; managing the
nation's stockpile of drugs to counter the effects of biological and
chemical poisons; maintaining a rapid response team for radioactive
releases; and training public and private NDMS medical center personnel
around the country in properly responding to biological, chemical, or
radiological disasters.
H.R. 3253 was developed in order to apply the existing experience and
expertise of VA's health care research programs as a defensive tool in
the war on terrorism.
As amended, H.R. 3253 will authorize VA to establish four National
Medical Preparedness Centers. These centers would undertake research
and develop new protocols for detecting, diagnosing, vaccinating and
treating potential victims of terrorism. In particular, the Centers
would focus on ways to prevent and treat victims of biological,
chemical, radiological or other explosive terrorist acts.
The new centers would conduct direct research and coordinate ongoing
and promising new research with affiliated universities and other
government agencies. These Centers would serve as training resources
for thousands of community hospital staffs, hazardous materials
``HAZMAT'' teams, Emergency Medical Technicians, firefighters and
police officers, who must be first medical responders in the event of
terrorist attacks.
The emergency preparedness centers would also be charged with
establishing state-of-the-art laboratories to help local health
authorities detect the presence of dangerous biological and chemical
poisons. The funding to support these centers would come from the
additional funds provided for combating terrorism and would not use or
otherwise reduce funding for veterans' health care.
Under the compromise agreement reached with the Senate, VA's
authority to provide emergency medical treatment would be expanded to
include first responders, other Federal agencies, veterans not enrolled
in the VA health care system, active duty service members and other
persons receiving VA care in declared domestic emergencies.
Reimbursements collected for the cost of care, whether coming from
FEMA, the Defense Department or an insurance company, would be credited
to the VA's Medical Care Collections Fund, the same as in other VA
collections efforts.
In addition, a new assistant secretary for preparedness, security and
law enforcement would be established at VA. Finally, Mr. Speaker, the
compromise bill would codify in title 38 of the United States Code
various provisions from Public Law 107-188, the ``Public Health
Security and Bioterrorism Preparedness and Response Act of 2002'', that
pertain to the Department of Veterans Affairs.
Mr. Speaker, I ask unanimous consent to revise and extended my
remarks and that all Members may have 5 legislative days in which to
revise and extend their remarks, and include extraneous material on
H.R. 3253, as amended.
Mr. Speaker, with our approval today, H.R. 3253 will go to the
President for his signature and enactment. I urge all Members to
support this vital legislation.
Mr. MORAN of Virginia. Mr. Speaker, a little more than a year after
the assaults on New York and Washington, we are still in a heightened
state of concern about the safety of our Nation.
With the bill we pass today, H.R. 3253, the Department of Veterans
Affairs Emergency
[[Page H8009]]
Preparedness Act of 2002, strengthens the role of the Department of
Veterans Affairs to protect the people of the United States from
terrorists, particularly bio-terrorism threats such as last year's
anthrax attacks in Washington, New York, New Jersey and Florida. We
must be proactive in preparing the United States for a future terrorist
attack. As Vice President Cheney cautioned this year, ``The prospects
of a future attack against the United States are almost certain. Not a
matter of it, but when. It could happen tomorrow, it could happen next
week, it could happen next year, but they will keep trying.'' We must
respond in an effective and comprehensive manner to protect the
American people when an attack occurs. This bill would help do just
that.
Under this bill, four geographically separated National Medical
Emergency Preparedness Centers would be established. Each center would
study and develop treatments for human exposure to chemical,
biological, explosive and nuclear substances that may be used as
weapons of mass destruction.
The Department of Veterans Affairs is a good host for such a new and
important mission. In addition to its medical care mission to care for
millions of veterans, the veterans health care system is the nation's
largest provider of graduate medical education and is a major
contributor to biomedical and other scientific research. Because of its
widely dispersed, integrated health care system, VA is an essential
asset in responding to national, regional and local emergencies. The VA
is an integral part of the Federal Response Plan, and an important
local resource in natural disasters. This bill strengthens VA's role as
a helping agency in such events, and particularly those that may be
caused in the future by those bent on destruction of freedom and the
American way of life.
Not only would the four emergency preparedness centers conduct
research and develop detection, diagnosis, prevention, and treatment
methods; but they would also be charged as clearinghouses to
disseminate the information to other public and private health care
providers, to improve the quality of care for patients who may be
exposed to deadly chemicals or radiation.
In addition, our bill would also require the Secretary of Veterans
Affairs to carry out a program to develop and disseminate model
education and training programs for medical response to terrorist
activities. VA's infrastructure, which includes affiliations with over
107 medical schools, and other schools of health professions, would
prepare current and future medical professionals in this country to be
knowledgeable and medically competent in the treatment of casualties
from terrorist attacks. In my home state, the University of Kansas
School of Medicine currently partners with 4 Veterans Medical Centers
and educates over 700 medical students and more than 390 resident
physicians in training.
This bill also provides the VA a formal role in the national disaster
medical system, and authorizes the VA to treat first responders,
active-duty military forces deployed in domestic deployments, fire
fighters, police officers and members of the general public who may
fall victim to terrorism or mass casualty disasters. Another important
part of this bill is the establishment of a centralized office at VA
headquarters to manage all emergency preparedness, security and law
enforcement activities, and to organize the VA's resources for maximum
efficiency and effectiveness in protecting the security of VA's
patients, staff, and infrastructure from the risk and threat of
terrorism.
Mr. Speaker, this is a good bill for the American people. The
professionals who need to be trained in saving lives will be properly
armed with information, education and expertise to provide health care.
Mechanisms will be put in place to study the likely avenues and methods
of chemical, biological, and radiological poisoning. The VA will also
be a part of a national presence for rapid response by local and
Federal officials in types of emergencies that only a year ago we could
scarcely imagine.
H.R. 3253 is a bipartisan and bicameral compromise, Mr. Speaker. As
Chairman of the Subcommittee on Health of the Committee on Veterans
Affairs, I am very pleased that the long journey of this legislation
concludes today and that we shall send the bill to the President. I
want to commend my Chairman, the gentleman from New Jersey, Mr. Smith,
for his leadership and advocacy on this measure, as well as our
colleagues, the Ranking Member of the full Committee, the gentleman
from Illinois, Mr. Evans, and the Ranking Member of my Subcommittee,
the gentleman from California, Mr. Filner, for their work. As my
Chairman has said previously on the floor of this Chamber, he feels a
personal obligation, from events in his own district in the anthrax
incidents, that Congress act to improve our safety and prevent such
future travesites. I commend him for his dedication and agree that this
measure aids in that respect.
I also thank our colleagues in the Senate for their cooperation,
contributions and comity.
This bill may be seen as only a small effort today, Mr. Speaker, but
it could pay large dividends down the road in America's war on
terrorism. I urge its adoption by the House.
Mr. EVANS. Mr. Speaker, I rise in strong support of H.R. 3253, the
Department of Veterans Affairs Emergency Preparedness Act of 2002, as
amended.
After the tragic events of September 11th last year, our Chairman,
Chris Smith, again demonstrated his leadership. He authored and
introduced legislation authorizing an important role for the Department
of Veterans Affairs in our national fight against terrorism. This is
the primary purpose of the measure before us.
VA provides medical care to millions of veterans each year. It
conducts ground-breaking health care research. It also provides
educational opportunities to many of our nation's health care
providers. VA is truly an unparalleled national resource.
This legislation provides the structure and authority for VA to
leverage its expertise to combat terrorism. For VA to achieve this goal
it must have adequate resources.
Today, VA does not have enough resources. This is not my judgment.
This is the judgment of the Task Force to Improve Health Care Delivery
to Veterans established by President Bush. I call on the President to
fully fund the VA, to provide all funding needed by VA to deliver
timely and quality care to our veterans. Mr. President, provide VA the
resources it requires to combat terrorism.
I am pleased H.R. 3253, as amended, has been approved by the other
body. I urge all Members to support this important legislation so it
can be sent to the White House for action by the President.
Mr. Speaker, I urge my colleagues to support passage of this
legislation.
The SPEAKER pro tempore (Mr. Simpson). Is there objection to the
request of the gentleman from Texas?
There was no objection.
The SPEAKER pro tempore. Without objection, the various amendments to
the titles are agreed to.
There was no objection.
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