[Congressional Record Volume 157, Number 49 (Wednesday, April 6, 2011)]
[Senate]
[Pages S2189-S2210]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LEVIN (for himself, Mr. Schumer, Mr. Alexander, Mr. Kerry,
Ms. Murkowski, Mr. Bingaman, Mr. Merkley, and Mrs. Stabenow):
S. 739. A bill to authorize the Architect of the Capitol to establish
battery recharging stations for privately owned vehicles in parking
areas under the jurisdiction of the Senate at no net cost to the
Federal Government; to the Committee on Rules and Administration.
Mr. LEVIN. Mr. President, today a bipartisan group of Senators has
introduced legislation that would allow the Senate to continue its
leadership of our country toward a clean-energy future. Senators
Schumer, Alexander, Kerry, Murkowski, Bingaman, and I have introduced a
bill that would authorize the Architect of the Capitol to establish
battery recharging stations for privately owned vehicles in parking
areas under the jurisdiction of the Senate at no net cost to the
Federal Government.
Among the most successful job-creation efforts we have undertaken
since the financial crisis devastated our economy is our attempt to
help American manufacturers create the batteries and other components
that will power the next generation of electric-powered vehicles. In my
State of Michigan and in other places around the country, the grant
program we enacted as part of the Recovery Act has sparked a boom of
manufacturing job creation. Given a choice between watching our global
competitors create those jobs and creating them in the United States,
we have chosen the wiser course.
This has been part of a larger, and largely successful, effort to
support the electric revolution in transportation. President Obama's
goal of 1 million electric vehicles on the road by 2015 is one part of
that effort. He announced last week that by 2015, the government will
buy only alternative-energy vehicles for its fleets as part of a
strategy to cut U.S. oil imports by 1/3. Such a strategy would help our
country economically, protect our environment and enhance our national
security.
The legislation we introduce today is another, though smaller, part
of that effort. It would ensure that the Senate leads by example as we
transition to a clean-energy future. It would establish--at no net cost
to the taxpayer--charging stations to power plug-in hybrid electric
vehicles. While these vehicles are an important part of our future,
they will bring changes in how we think about cars and driving. Instead
of looking for gas stations, drivers will need charging stations where
they can replenish the batteries that power their vehicles.
The President and others have proposed plans to help encourage the
creation of that infrastructure in communities around the country. So
should the Senate. This bill would ensure that Senate employees have
available the infrastructure to support next-generation vehicles. It
would be an important statement of leadership from the Senate. It would
provide an example to other employers of how they can support both the
needs of their employees and our national interest in energy security.
I am thankful for the support of Senators Schumer, Alexander, Kerry,
Murkowski, and Bingaman on this bill, and for the assistance of the
staffs of Senators Schumer and Alexander on the Rules Committee. These
Senators have recognized the value of Senate leadership in moving our
nation toward a future liberated from imported oil, and I hope our
other colleagues will as well.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 739
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. BATTERY RECHARGING STATIONS FOR PRIVATELY OWNED
VEHICLES IN PARKING AREAS UNDER THE
JURISDICTION OF THE SENATE AT NO NET COST TO
THE FEDERAL GOVERNMENT.
(a) Definition.--In this Act, the term ``covered employee''
means--
(1) an employee whose pay is disbursed by the Secretary of
the Senate; or
(2) any other individual who is authorized to park in any
parking area under the jurisdiction of the Senate on Capitol
Grounds.
(b) Authority.--
(1) In general.--Subject to paragraph (3), funds
appropriated to the Architect of the Capitol under the
heading ``Capitol Power Plant'' under the heading ``ARCHITECT
OF THE CAPITOL'' in any fiscal year are available to
construct, operate, and maintain on a reimbursable basis
battery recharging stations in parking areas under the
jurisdiction
[[Page S2190]]
of the Senate on Capitol Grounds for use by privately owned
vehicles used by Senators or covered employees.
(2) Vendors authorized.--In carrying out paragraph (1), the
Architect of the Capitol may use 1 or more vendors on a
commission basis.
(3) Approval of construction.--The Architect of the Capitol
may construct or direct the construction of battery
recharging stations described under paragraph (1) after--
(A) submission of written notice detailing the numbers and
locations of the battery recharging stations to the Committee
on Rules and Administration of the Senate; and
(B) approval by that Committee.
(c) Fees and Charges.--
(1) In general.--Subject to paragraph (2), the Architect of
the Capitol shall charge fees or charges for electricity
provided to Senators and covered employees sufficient to
cover the costs to the Architect of the Capitol to carry out
this section, including costs to any vendors or other costs
associated with maintaining the battery recharging stations.
(2) Approval of fees or charges.--The Architect of the
Capitol may establish and adjust fees or charges under
paragraph (1) after--
(A) submission of written notice detailing the amount of
the fee or charge to be established or adjusted to the
Committee on Rules and Administration of the Senate; and
(B) approval by that Committee.
(d) Deposit and Availability of Fees, Charges, and
Commissions.--Any fees, charges, or commissions collected by
the Architect of the Capitol under this section shall be--
(1) deposited in the Treasury to the credit of the
appropriations account described under subsection (b); and
(2) available for obligation without further appropriation
during--
(A) the fiscal year collected; and
(B) the fiscal year following the fiscal year collected.
(e) Annual Reports.--Not later than 30 days after the end
of each fiscal year, the Architect of the Capitol shall
submit a report on the financial administration and cost
recovery of activities under this section with respect to
that fiscal year to the Committee on Rules and Administration
of the Senate.
(f) Effective Date.--This Act shall apply with respect to
fiscal year 2011 and each fiscal year thereafter.
______
By Mr. REED (for himself, Ms. Murkowski, Mr. Durbin, and Mr.
Udall of New Mexico):
S. 740. A bill to revise and extend provisions under the Garrett Lee
Smith Memorial Act; to the Committee on Health, Education, Labor, and
Pensions.
Mr. REED. I am pleased to be joined by Senators Murkowski, Durbin,
and Tom Udall in the introduction of the Garrett Lee Smith Memorial Act
Reauthorization.
This legislation continues the important work of my former colleague
Senator Gordon Smith, who authored the original law, which was named
for his 22-year old son, Garrett, who was a student at Utah Valley
University when he took his own life. I want to once again recognize
Gordon Smith for his work to champion suicide prevention and mental
health initiatives.
Currently, this law supports 35 States, 16 Tribes and Tribal
organizations, and 38 colleges and universities in their efforts to
prevent youth suicide. Indeed, with the help of these important
programs, we have made real progress since the 2004 passage of this law
in identifying at-risk youth and young adults, providing proven mental
health and substance use disorder treatments, and educating the public
about youth suicide prevention efforts.
Unfortunately, suicide remains the third leading cause of death for
adolescents and young adults age 10 to 24, and results in 4,400 lives
lost each year. According to the Centers for Disease Control and
Prevention, approximately 150,000 individuals in this age group
annually receive medical care for self-inflicted injuries at Emergency
Departments across the U.S.
Suicide is particularly prevalent among college-age students as it is
the second leading cause of death, resulting in approximately 1,100
deaths each year. The 2010 National Survey of Counseling Center
Directors at colleges and universities found that 10.8 percent of
students seek counseling each year, an increase of nearly 1 percent
from 2009. At the same time, the average ratio of counselors to
students has remained constant at one to 1,786.
Many young people who commit suicide have a treatable mental illness,
but they don't get the help they need. The legislation we introduced
today provides critical resources for prevention and outreach programs
to reach at risk youth before it is too late.
It would increase the authorized grant level to States, tribes, and
college campuses for the implementation of proven programs and
initiatives designed to address mental health and wellness and reduce
youth suicide.
Additionally, I am particularly pleased that the bill would enable
college counseling centers to have greater flexibility in their use of
Federal resources. Counseling centers will continue to be able to apply
for funds to operate suicide prevention hotlines and organize
educational and awareness efforts about youth suicide prevention;
however, with this bill they will also be able to use funds for the
provision of counseling services to students and the hiring of
appropriately trained personnel. These two components are integral to
identifying and treating students who may be at risk with the goal of
preventing suicide and attempted suicide on campuses.
Our bipartisan legislation is supported by 43 coalition members of
the Mental Health Liaison Group and the American Council on Education.
Mr. President, I unanimous consent that the text of the bill and a
letter of support be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 740
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 ``Garrett Lee Smith Memorial
Act Reauthorization of 2011''.
SEC. 2. SUICIDE PREVENTION TECHNICAL ASSISTANCE CENTER.
(a) Repeal.--Section 520C of the Public Health Service Act
(42 U.S.C. 290bb-34) is repealed.
(b) Suicide Prevention Technical Assistance Center.--Title
V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
(as amended by subsection (a)) is amended by inserting after
section 520B the following:
``SEC. 520C. SUICIDE PREVENTION TECHNICAL ASSISTANCE CENTER.
``(a) Program Authorized.--The Secretary, acting through
the Administrator of the Substance Abuse and Mental Health
Services Administration, shall establish a research,
training, and technical assistance resource center to provide
appropriate information, training, and technical assistance
to States, political subdivisions of States, federally
recognized Indian tribes, tribal organizations, institutions
of higher education, public organizations, or private
nonprofit organizations concerning the prevention of suicide
among all ages, particularly among groups that are at high
risk for suicide.
``(b) Responsibilities of the Center.--The center
established under subsection (a) shall--
``(1) assist in the development or continuation of
statewide and tribal suicide early intervention and
prevention strategies for all ages, particularly among groups
that are at high risk for suicide;
``(2) ensure the surveillance of suicide early intervention
and prevention strategies for all ages, particularly among
groups that are at high risk for suicide;
``(3) study the costs and effectiveness of statewide and
tribal suicide early intervention and prevention strategies
in order to provide information concerning relevant issues of
importance to State, tribal, and national policymakers;
``(4) further identify and understand causes and associated
risk factors for suicide for all ages, particularly among
groups that are at high risk for suicide;
``(5) analyze the efficacy of new and existing suicide
early intervention and prevention techniques and technology
for all ages, particularly among groups that are at high risk
for suicide;
``(6) ensure the surveillance of suicidal behaviors and
nonfatal suicidal attempts;
``(7) study the effectiveness of State-sponsored statewide
and tribal suicide early intervention and prevention
strategies for all ages particularly among groups that are at
high risk for suicide on the overall wellness and health
promotion strategies related to suicide attempts;
``(8) promote the sharing of data regarding suicide with
Federal agencies involved with suicide early intervention and
prevention, and State-sponsored statewide and tribal suicide
early intervention and prevention strategies for the purpose
of identifying previously unknown mental health causes and
associated risk factors for suicide among all ages
particularly among groups that are at high risk for suicide;
``(9) evaluate and disseminate outcomes and best practices
of mental health and substance use disorder services at
institutions of higher education; and
``(10) conduct other activities determined appropriate by
the Secretary.
``(c) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $5,000,000 for each of the fiscal years 2012
through 2016.''.
SEC. 3. YOUTH SUICIDE INTERVENTION AND PREVENTION STRATEGIES.
Section 520E of the Public Health Service Act (42 U.S.C.
290bb-36) is amended to read as follows:
[[Page S2191]]
``SEC. 520E. YOUTH SUICIDE EARLY INTERVENTION AND PREVENTION
STRATEGIES.
``(a) In General.--The Secretary, acting through the
Administrator of the Substance Abuse and Mental Health
Services Administration, shall award grants or cooperative
agreements to eligible entities to--
``(1) develop and implement State-sponsored statewide or
tribal youth suicide early intervention and prevention
strategies in schools, educational institutions, juvenile
justice systems, substance use disorder programs, mental
health programs, foster care systems, and other child and
youth support organizations;
``(2) support public organizations and private nonprofit
organizations actively involved in State-sponsored statewide
or tribal youth suicide early intervention and prevention
strategies and in the development and continuation of State-
sponsored statewide youth suicide early intervention and
prevention strategies;
``(3) provide grants to institutions of higher education to
coordinate the implementation of State-sponsored statewide or
tribal youth suicide early intervention and prevention
strategies;
``(4) collect and analyze data on State-sponsored statewide
or tribal youth suicide early intervention and prevention
services that can be used to monitor the effectiveness of
such services and for research, technical assistance, and
policy development; and
``(5) assist eligible entities, through State-sponsored
statewide or tribal youth suicide early intervention and
prevention strategies, in achieving targets for youth suicide
reductions under title V of the Social Security Act.
``(b) Eligible Entity.--
``(1) Definition.--In this section, the term `eligible
entity' means--
``(A) a State;
``(B) a public organization or private nonprofit
organization designated by a State to develop or direct the
State-sponsored statewide youth suicide early intervention
and prevention strategy; or
``(C) a federally recognized Indian tribe or tribal
organization (as defined in the Indian Self-Determination and
Education Assistance Act) or an urban Indian organization (as
defined in the Indian Health Care Improvement Act) that is
actively involved in the development and continuation of a
tribal youth suicide early intervention and prevention
strategy.
``(2) Limitation.--In carrying out this section, the
Secretary shall ensure that a State does not receive more
than one grant or cooperative agreement under this section at
any one time. For purposes of the preceding sentence, a State
shall be considered to have received a grant or cooperative
agreement if the eligible entity involved is the State or an
entity designated by the State under paragraph (1)(B).
Nothing in this paragraph shall be constructed to apply to
entities described in paragraph (1)(C).
``(c) Preference.--In providing assistance under a grant or
cooperative agreement under this section, an eligible entity
shall give preference to public organizations, private
nonprofit organizations, political subdivisions, institutions
of higher education, and tribal organizations actively
involved with the State-sponsored statewide or tribal youth
suicide early intervention and prevention strategy that--
``(1) provide early intervention and assessment services,
including screening programs, to youth who are at risk for
mental or emotional disorders that may lead to a suicide
attempt, and that are integrated with school systems,
educational institutions, juvenile justice systems, substance
use disorder programs, mental health programs, foster care
systems, and other child and youth support organizations;
``(2) demonstrate collaboration among early intervention
and prevention services or certify that entities will engage
in future collaboration;
``(3) employ or include in their applications a commitment
to evaluate youth suicide early intervention and prevention
practices and strategies adapted to the local community;
``(4) provide timely referrals for appropriate community-
based mental health care and treatment of youth who are at
risk for suicide in child-serving settings and agencies;
``(5) provide immediate support and information resources
to families of youth who are at risk for suicide;
``(6) offer access to services and care to youth with
diverse linguistic and cultural backgrounds;
``(7) offer appropriate postsuicide intervention services,
care, and information to families, friends, schools,
educational institutions, juvenile justice systems, substance
use disorder programs, mental health programs, foster care
systems, and other child and youth support organizations of
youth who recently completed suicide;
``(8) offer continuous and up-to-date information and
awareness campaigns that target parents, family members,
child care professionals, community care providers, and the
general public and highlight the risk factors associated with
youth suicide and the life-saving help and care available
from early intervention and prevention services;
``(9) ensure that information and awareness campaigns on
youth suicide risk factors, and early intervention and
prevention services, use effective communication mechanisms
that are targeted to and reach youth, families, schools,
educational institutions, and youth organizations;
``(10) provide a timely response system to ensure that
child-serving professionals and providers are properly
trained in youth suicide early intervention and prevention
strategies and that child-serving professionals and providers
involved in early intervention and prevention services are
properly trained in effectively identifying youth who are at
risk for suicide;
``(11) provide continuous training activities for child
care professionals and community care providers on the latest
youth suicide early intervention and prevention services
practices and strategies;
``(12) conduct annual self-evaluations of outcomes and
activities, including consulting with interested families and
advocacy organizations;
``(13) provide services in areas or regions with rates of
youth suicide that exceed the national average as determined
by the Centers for Disease Control and Prevention; and
``(14) obtain informed written consent from a parent or
legal guardian of an at-risk child before involving the child
in a youth suicide early intervention and prevention program.
``(d) Requirement for Direct Services.--Not less than 85
percent of grant funds received under this section shall be
used to provide direct services, of which not less than 5
percent shall be used for activities authorized under
subsection (a)(3).
``(e) Consultation and Policy Development.--
``(1) In general.--In carrying out this section, the
Secretary shall collaborate with relevant Federal agencies
and suicide working groups responsible for early intervention
and prevention services relating to youth suicide.
``(2) Consultation.--In carrying out this section, the
Secretary shall consult with--
``(A) State and local agencies, including agencies
responsible for early intervention and prevention services
under title XIX of the Social Security Act, the State
Children's Health Insurance Program under title XXI of the
Social Security Act, and programs funded by grants under
title V of the Social Security Act;
``(B) local and national organizations that serve youth at
risk for suicide and their families;
``(C) relevant national medical and other health and
education specialty organizations;
``(D) youth who are at risk for suicide, who have survived
suicide attempts, or who are currently receiving care from
early intervention services;
``(E) families and friends of youth who are at risk for
suicide, who have survived suicide attempts, who are
currently receiving care from early intervention and
prevention services, or who have completed suicide;
``(F) qualified professionals who possess the specialized
knowledge, skills, experience, and relevant attributes needed
to serve youth at risk for suicide and their families; and
``(G) third-party payers, managed care organizations, and
related commercial industries.
``(3) Policy development.--In carrying out this section,
the Secretary shall--
``(A) coordinate and collaborate on policy development at
the Federal level with the relevant Department of Health and
Human Services agencies and suicide working groups; and
``(B) consult on policy development at the Federal level
with the private sector, including consumer, medical, suicide
prevention advocacy groups, and other health and education
professional-based organizations, with respect to State-
sponsored statewide or tribal youth suicide early
intervention and prevention strategies.
``(f) Rule of Construction; Religious and Moral
Accommodation.--Nothing in this section shall be construed to
require suicide assessment, early intervention, or treatment
services for youth whose parents or legal guardians object
based on the parents' or legal guardians' religious beliefs
or moral objections.
``(g) Evaluations and Report.--
``(1) Evaluations by eligible entities.--Not later than 18
months after receiving a grant or cooperative agreement under
this section, an eligible entity shall submit to the
Secretary the results of an evaluation to be conducted by the
entity concerning the effectiveness of the activities carried
out under the grant or agreement.
``(2) Report.--Not later than 2 years after the date of
enactment of this section, the Secretary shall submit to the
appropriate committees of Congress a report concerning the
results of--
``(A) the evaluations conducted under paragraph (1); and
``(B) an evaluation conducted by the Secretary to analyze
the effectiveness and efficacy of the activities conducted
with grants, collaborations, and consultations under this
section.
``(h) Rule of Construction; Student Medication.--Nothing in
this section shall be construed to allow school personnel to
require that a student obtain any medication as a condition
of attending school or receiving services.
``(i) Prohibition.--Funds appropriated to carry out this
section, section 527, or section 529 shall not be used to pay
for or refer for abortion.
``(j) Parental Consent.--States and entities receiving
funding under this section shall obtain prior written,
informed consent
[[Page S2192]]
from the child's parent or legal guardian for assessment
services, school-sponsored programs, and treatment involving
medication related to youth suicide conducted in elementary
and secondary schools. The requirement of the preceding
sentence does not apply in the following cases:
``(1) In an emergency, where it is necessary to protect the
immediate health and safety of the student or other students.
``(2) Other instances, as defined by the State, where
parental consent cannot reasonably be obtained.
``(k) Relation to Education Provisions.--Nothing in this
section shall be construed to supersede section 444 of the
General Education Provisions Act, including the requirement
of prior parental consent for the disclosure of any education
records. Nothing in this section shall be construed to modify
or affect parental notification requirements for programs
authorized under the Elementary and Secondary Education Act
of 1965 (as amended by the No Child Left Behind Act of 2001;
Public Law 107-110).
``(l) Definitions.--In this section:
``(1) Early intervention.--The term `early intervention'
means a strategy or approach that is intended to prevent an
outcome or to alter the course of an existing condition.
``(2) Educational institution; institution of higher
education; school.--The term--
``(A) `educational institution' means a school or
institution of higher education;
``(B) `institution of higher education' has the meaning
given such term in section 101 of the Higher Education Act of
1965; and
``(C) `school' means an elementary or secondary school (as
such terms are defined in section 9101 of the Elementary and
Secondary Education Act of 1965).
``(3) Prevention.--The term `prevention' means a strategy
or approach that reduces the likelihood or risk of onset, or
delays the onset, of adverse health problems that have been
known to lead to suicide.
``(4) Youth.--The term `youth' means individuals who are
between 10 and 24 years of age.
``(m) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $32,000,000 for each of the fiscal years 2012
through 2016.''.
SEC. 4. MENTAL HEALTH AND SUBSTANCE USE DISORDERS SERVICES
AND OUTREACH ON CAMPUS.
Section 520E-2 of the Public Health Service Act (42 U.S.C.
290bb-36b) is amended to read as follows:
``SEC. 520E-2. MENTAL HEALTH AND SUBSTANCE USE DISORDERS
SERVICES ON CAMPUS.
``(a) In General.--The Secretary, acting through the
Director of the Center for Mental Health Services and in
consultation with the Secretary of Education, shall award
grants on a competitive basis to institutions of higher
education to enhance services for students with mental health
or substance use disorders and to develop best practices for
the delivery of such services.
``(b) Uses of Funds.--Amounts received under a grant under
this section shall be used for 1 or more of the following
activities:
``(1) The provision of mental health and substance use
disorder services to students, including prevention,
promotion of mental health, voluntary screening, early
intervention, voluntary assessment, treatment, and management
of mental health and substance abuse disorder issues.
``(2) The provision of outreach services to notify students
about the existence of mental health and substance use
disorder services.
``(3) Educating students, families, faculty, staff, and
communities to increase awareness of mental health and
substance use disorders.
``(4) The employment of appropriately trained staff,
including administrative staff.
``(5) The provision of training to students, faculty, and
staff to respond effectively to students with mental health
and substance use disorders.
``(6) The creation of a networking infrastructure to link
colleges and universities with providers who can treat mental
health and substance use disorders.
``(7) Developing, supporting, evaluating, and disseminating
evidence-based and emerging best practices.
``(c) Implementation of Activities Using Grant Funds.--An
institution of higher education that receives a grant under
this section may carry out activities under the grant
through--
``(1) college counseling centers;
``(2) college and university psychological service centers;
``(3) mental health centers;
``(4) psychology training clinics;
``(5) institution of higher education supported, evidence-
based, mental health and substance use disorder programs; or
``(6) any other entity that provides mental health and
substance use disorder services at an institution of higher
education.
``(d) Application.--To be eligible to receive a grant under
this section, an institution of higher education shall
prepare and submit to the Secretary an application at such
time and in such manner as the Secretary may require. At a
minimum, such application shall include the following:
``(1) A description of identified mental health and
substance use disorder needs of students at the institution
of higher education.
``(2) A description of Federal, State, local, private, and
institutional resources currently available to address the
needs described in paragraph (1) at the institution of higher
education.
``(3) A description of the outreach strategies of the
institution of higher education for promoting access to
services, including a proposed plan for reaching those
students most in need of mental health services.
``(4) A plan, when applicable, to meet the specific mental
health and substance use disorder needs of veterans attending
institutions of higher education.
``(5) A plan to seek input from community mental health
providers, when available, community groups and other public
and private entities in carrying out the program under the
grant.
``(6) A plan to evaluate program outcomes, including a
description of the proposed use of funds, the program
objectives, and how the objectives will be met.
``(7) An assurance that the institution will submit a
report to the Secretary each fiscal year concerning the
activities carried out with the grant and the results
achieved through those activities.
``(e) Special Considerations.--In awarding grants under
this section, the Secretary shall give special consideration
to applications that describe programs to be carried out
under the grant that--
``(1) demonstrate the greatest need for new or additional
mental and substance use disorder services, in part by
providing information on current ratios of students to mental
health and substance use disorder health professionals and
``(2) demonstrate the greatest potential for replication.
``(f) Requirement of Matching Funds.--
``(1) In general.--The Secretary may make a grant under
this section to an institution of higher education only if
the institution agrees to make available (directly or through
donations from public or private entities) non-Federal
contributions in an amount that is not less than $1 for each
$1 of Federal funds provided under the grant, toward the
costs of activities carried out with the grant (as described
in subsection (b)) and other activities by the institution to
reduce student mental health and substance use disorders.
``(2) Determination of amount contributed.--Non-Federal
contributions required under paragraph (1) may be in cash or
in kind. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining
the amount of such non-Federal contributions.
``(3) Waiver.--The Secretary may waive the application of
paragraph (1) with respect to an institution of higher
education if the Secretary determines that extraordinary need
at the institution justifies the waiver.
``(g) Reports.--For each fiscal year that grants are
awarded under this section, the Secretary shall conduct a
study on the results of the grants and submit to the Congress
a report on such results that includes the following:
``(1) An evaluation of the grant program outcomes,
including a summary of activities carried out with the grant
and the results achieved through those activities.
``(2) Recommendations on how to improve access to mental
health and substance use disorder services at institutions of
higher education, including efforts to reduce the incidence
of suicide and substance use disorders.
``(h) Definitions.--In this section, the term `institution
of higher education' has the meaning given such term in
section 101 of the Higher Education Act of 1965.
``(i) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $7,000,000 for each of the fiscal years 2012
through 2016.''.
____
Mental Health Liaison Group,
April 5, 2011.
Hon. Jack Reed,
U.S. Senate, Washington, DC.
Hon. Richard J. Durbin,
U.S. Senate, Washington, DC.
Hon. Lisa Murkowski,
U.S. Senate, Washington, DC.
Hon. Tom Udall,
U.S. Senate, Washington, DC.
Dear Senators: The undersigned organizations in the Mental
Health Liaison Group are pleased to write in support of the
legislation you will soon introduce, the Garrett Lee Smith
Memorial Act Reauthorization of 2011. This legislation renews
the commitment to critically important youth and college
suicide prevention programs administered by the Substance
Abuse and Mental Health Services Administration, as well as
strengthens those programs, ensuring they are best designed
to meet the needs of those they are intended to serve.
The Garrett Lee Smith Memorial Act (GLSMA) currently
supports grants in 35 States and 16 Tribes or Tribal
organizations as part of the State/Tribal Youth Suicide
Prevention and Early Intervention Program as well as funds
programs at 38 institutions of higher education through the
Campus Suicide Prevention program. While much has been
achieved thanks to the successful grants supported by the
GLSMA, there remains much to do. In 2007, suicide was the
third leading cause of death for young people ages 15-24
years and the second leading cause of death among college
students. According to the Center for Disease Control and
Prevention, ``a nationwide survey of youth in
[[Page S2193]]
grades 9-12 in public and private schools in the United
States (U.S.) found that 15% of students reported seriously
considering suicide, 11% reported creating a plan, and 7%
reporting trying to take their own life in the 12 months
preceding the survey.'' The 2010 American College Health
Association's National College Health Assessment II noted
that 45.6% of students surveyed reported feeling that things
were hopeless and 30.7% reported feeling so depressed it was
difficult to function during the past 12 months.
Since its creation in 2004, the Garrett Lee Smith Memorial
Act has provided resources to communities and college
campuses all across the country, and supported needed
technical assistance to develop and disseminate effective
strategies and best practices related to youth suicide
prevention.
Our organizations support all three elements of the GLSMA,
which provide a comprehensive approach to addressing the
national problem of youth suicide. Specifically, the State
and Tribal program fosters the creation of public-private
collaborations and the development of critically needed
prevention and early intervention strategies. Next, the
Campus Suicide Prevention Program enhances services, outreach
and education for students with mental health or substance
use disorders and calls for the development of best practice
for the delivery of such services. Finally, the Suicide
Prevention Resource Center provides information and training
to States, Tribes, and tribal organizations, institutions of
higher education, and public organizations or private non-
profit groups in an effort to prevent suicide among all ages,
particularly among high risk groups, such as youth.
We are especially pleased that you have included modest but
needed growth in the authorization levels for these programs.
This measured increase acknowledges the important efforts
that have come from the development of these programs as well
as the significant work that remains to build suicide
prevention capacity across the country.
Our organizations are grateful to you and your colleagues
for your strong bipartisan approach regarding this program.
We thank Senators Murkowski, Durbin and Tom Udall for joining
with you in support of this effort and demonstrating
extraordinary leadership on youth suicide prevention.
We are most grateful to you and your staff for your
tireless work on this legislation over the past years. Your
unwavering leadership and commitment to youth suicide
prevention undoubtedly has important implications for the
current and future health and wellbeing of our nation's
youth. We welcome the opportunity to work with you and your
staff to ensure that the Garrett Lee Smith Memorial Act is
promptly reauthorized.
Sincerely,
American Academy of Child and Adolescent Psychiatry,
American Art Therapy Association, American Association for
Geriatric Psychiatry, American Association for Marriage and
Family Therapy, American Association for Psychoanalysis in
Clinical Social Work, American Association of Pastoral
Counselors, American Association on Health and Disability*,
American Counseling Association, American Dance Therapy
Association, American Foundation for Suicide Prevention/SPAN
USA, American Group Psychotherapy Association, American
Orthopsychiatric Association, American Psychiatric
Association, American Psychoanalytic Association, American
Psychological Association.
American Psychotherapy Association, Association for
Ambulatory Behavioral Healthcare, Association for the
Advancement of Psychology, American Psychiatric Nurses
Association, Anxiety Disorders Association of America,
Bazelon Center for Mental Health Law, Center for Clinical
Social Work, Clinical Social Work Association, Depression and
Bipolar Support Alliance, Eating Disorders Coalition for
Research, Policy & Action, Mental Health America, NAADAC, the
Association for Addiction Professionals, National Association
of County Behavioral Health and Developmental Disability
Directors, National Association of State Mental Health
Program Directors, National Alliance on Mental Illness.
National Association for Children's Behavioral Health,
National Association for Rural Mental Health, National
Association of Mental Health Planning & Advisory Councils,
National Association of Psychiatric Health Systems, National
Association of School Psychologists, National Association of
Social Workers, National Coalition for Mental Health
Recovery, National Council for Community Behavioral
Healthcare, National Council on Problem Gambling, School
Social Work Association of America, Therapeutic Communities
of America, Tourette Syndrome Association, U.S. Psychiatric
Rehabilitation Association, Witness Justice.
* not a MHLG member
Mr. DURBIN. Mr. President, three years ago, a mentally disturbed
gunman walked into a campus lecture hall at Northern Illinois
University and shot 22 students, killing 5 of them. Northern Illinois
University is not the first college to experience this kind of tragedy.
We all remember the horrific events at Virginia Tech in 2007 where 32
lives were taken by a gunman.
In the aftermath of these shootings, we asked what could have been
done to prevent it. And years later, we are still trying to make sense
of it. Some believe nothing can be done to stop a disturbed person from
committing acts of violence. But I believe we can and should do more.
For a long time, we have overlooked the mental health needs of
students on college campuses. We know now that many mental illnesses
start to manifest in this period when young people leave the security
of home and regular medical care. The responsibility for the students'
well-being often shifts from parents to students, and the students
aren't always completely prepared. It is easier for a young person's
problems to go unnoticed when he or she is away at college than when
they are at home, in the company of parents, old friends, and high
school teachers. College also provides a new opportunity for young
people to experiment with drugs or alcohol.
The consequences of not detecting or addressing mental health needs
among students are real. Suicide remains the third leading cause of
death for adolescents and young adults between ages 10-24. Suicide
takes the lives of more young adults than AIDS, cancer, heart disease,
pneumonia, birth defects, and influenza combined. Forty-five percent of
college students report having felt so depressed that it was difficult
to function. Ten percent have contemplated suicide. There are over
1,000 suicides on college campus each year. These heartbreaking and
traumatic incidents demonstrate the tragic consequences of mental
instability and help us recognize we need to do more to support
students during what can be very tough years.
Fortunately, many students can succeed in college if they have
appropriate counseling services and access to needed medications. These
services make a real impact. Students who seek help are six times less
likely to kill themselves. Colleges are welcoming students today who 10
or 20 years ago would not have been able to attend school due to mental
illness, but who can today because of advances in treatment.
But while the needs for mental health services on campus are rising,
colleges are facing financial pressures and having trouble meeting this
demand. As I have travelled around my State, I have learned just how
thin colleges and universities are stretched when it comes to providing
counseling and other support services to students.
Take Southern Illinois University in Carbondale. SIUC has 8 full-time
counselors for 20,000 students. That is 1 counselor for every 2,500
students. The recommended ratio is 1 counselor for every 1,500
students. And there is another problem. Like many rural communities,
Carbondale only has one community mental health agency. That agency is
overwhelmed by the mental health needs of the community and refuses to
serve students from SIUC. The campus counseling center is the only
mental health option for students. The eight hard-working counselors at
SIUC do their best under impossible conditions. They triage students
who come in seeking help so that the ones who might be a threat to
themselves or others are seen first. The waitlist of students seeking
services has reached 45 students.
The story is the same across the country. Colleges are trying to fill
in the gaps, but because of the shortage of counselors, students' needs
are overlooked. A recent survey of college counseling centers indicates
that the average ratio of professional-staff-to-students is 1 to 1,900.
Although interest in mental health services is high, the recession has
put pressure on administrators to cut budgets wherever they can. At
times, counseling centers are in the crosshairs. Ten percent of survey
respondents said their budgets were cut during the 2007-8 academic
year, half said their budgets stayed the same, and nearly a quarter
reported that their funds increased by 3 percent or less.
With so many students looking for help and so few counselors to see
them, counseling centers have to cut back on outreach. Without
outreach, the chances of finding students who need help but don't ask
for it goes down. This is a serious problem. We know that some students
exhibit warning signs of a tortured mental state and four out of five
young adults show warning signs before attempting suicide. But faculty
and students don't always know how or where to express their concerns.
Outreach efforts by
[[Page S2194]]
campus counseling centers can help educate the community about warning
signs to look for as well as how to intervene. Of the students who
committed suicide across the country in 2007, only 22 percent had
received counseling on campus. That means that of the 1,000 college
students who took their own lives, 800 may never have looked for help.
How many of those young lives could have been saved if our college
counseling centers had the resources they needed to identify those
students and help them? Our students deserve better.
We need to help schools meet the needs of their students, and that is
why I am an original cosponsor of the Garrett Lee Smith Memorial Act
Reauthorization. This bill includes an important provision of the
Mental Health on Campus Improvement Act, which I introduced last
Congress that would increase funding for colleges and universities to
improve their mental health services. Colleges could use the funding to
hire personnel, increase outreach, and educate the campus community
about mental health. The Garrett Lee Smith Memorial Act Reauthorization
would provide States, tribes/tribal organizations, and universities
with much needed resources to prevent suicide.
Reflecting on the loss of his own son, the well-known minister Rev.
William Sloan Coffin once said, ``When parents die, they take with them
a portion of the past. But when children die, they take away the future
as well.'' I hope the Garrett Lee Smith Memorial Act will help prevent
the unnecessary loss of more young lives and bright futures.
______
By Mr. AKAKA (for himself, Ms. Collins, Mr. Grassley, Mr.
Lieberman, Mr. Levin, Mr. Carper, Mr. Leahy, Mr. Harkin, Mr.
Pryor, Ms. Landrieu, Mrs. McCaskill, Mr. Tester, Mr. Begich,
and Mr. Cardin):
S. 743. A bill to amend chapter 23 of title 5, United States Code, to
clarify the disclosures of information protected from prohibited
personnel practices, require a statement in nondisclosure policies,
forms, and agreements that such policies, forms, and agreements conform
with certain disclosure protections, provide certain authority for the
Special Counsel, and for other purposes; to the Committee on Homeland
Security and Governmental Affairs.
Mr. AKAKA. Mr. President, today I rise to reintroduce the
whistleblower Protection Enhancement Act. I am pleased that Senators
Collins, Grassley, Lieberman, Levin, Carper, Leahy, Harkin, Pryor,
Landrieu, McCaskill, Tester, Begich, and Cardin have joined as
cosponsors of this bill.
The need for stronger whistleblower protections is clear. As we
slowly recover from the deepest recession since the Great Depression,
and grapple with unsustainable budget deficits, we cannot wait to act
on measures to make sure the government uses taxpayer money efficiently
and effectively.
This legislation will help us hold those who manage the public's
dollars accountable by strengthening protections for Federal employees
who shed light on government waste, fraud, and abuse. Studies have
shown that employee whistleblowers are responsible for uncovering more
fraud than auditors, internal compliance officers, and law enforcement
officials combined. As an example of the type of disclosures we need to
encourage, in one of the few cases in which a whistleblower prevailed,
an Internal Revenue Service manager disclosed alleged fraud and
preferential treatment of certain wealthy and influential taxpayers.
The Merit Systems Protection Board denied his claim, but five years
after the whistleblower retaliation occurred, the Court of Appeals
reversed. Ensuring that dedicated civil servants can come forward and
report wrongdoing without facing retaliation is an important step for
saving taxpayer dollars, reducing the deficit, and improving our
country's long-term economic health.
Our bill also will contribute to public health and safety, civil
rights and civil liberties, national security, and other critical
interests. Federal employees may be the only people in the position to
observe a problem with a drug safety trial, a cover up of violations
during a food inspection, overreach in Federal law enforcement, or
safety concerns at a nuclear plant. But few employees will have the
courage to disclose Federal Government wrongdoing, which can affect
every aspect of government operations, without meaningful whistleblower
protections.
The Whistleblower Protection Act, WPA, was intended to shield Federal
whistleblowers from retaliation, but the Court of Appeals or the
Federal Circuit and the Merit Systems Protection Board repeatedly have
issued decisions that misconstrue the WPA and scale back its
protections. Federal whistleblowers have prevailed on the merits of
their claims before the Federal Circuit which has sole jurisdiction
over Federal employee whistleblower appeals, only three times in
hundreds of cases since 1994. correction is urgently needed.
Our bill would eliminate a number of restrictions that the Federal
Circuit has read into the law regarding when disclosures are covered by
the WPA. Because of the Federal Circuit's restrictive reading of the
WPA, it would establish a pilot program to allow multi-circuit review
for 5 years, and would require a Government Accountability Office
review of that change 40 months after enactment. This bill would also
bar agencies from revoking an employee's security clearance in
retaliation for whistleblowing.
Additionally, this bill expands coverage to new groups of
whistleblowers. This bill would expand the coverage of the
Whistleblower Protection Act to include employees of the Transportation
Security Administration. Intelligence Community employees for the first
time would be protected as well, with an administrative process modeled
on the protections for Federal Bureau of Investigations employees.
Moreover, it would make clear that whistleblowers who disclose
censorship of scientific information that could lead to gross
government waste or mismanagement, danger to public health or safety,
or a violation of law are protected.
I have been a long-time proponent of strengthening oversight by
protecting Federal whistleblowers. Last Congress, my Whistleblower
Protection Enhancement Act, S. 372, passed both the Senate and the
House of Representatives by unanimous consent in December 2010. In the
110th Congress, my bill, the Federal Employee Protection of Disclosures
Act, S. 274, passed the Senate by unanimous consent in December 2007,
and a similar bill, H.R. 985, also passed in the House of
Representatives in March 2008. Unfortunately, both times, we were not
able to reconcile the two bills and enact whistleblower protections
before the Congress adjourned. I intend to finish the job this
Congress. Whistleblowers simply cannot wait any longer.
Congress has a duty to provide strong protections for Federal
whistleblowers. Only when Federal employees are confident that they
will not face retaliation will they feel comfortable coming forward to
disclose information that can be used to improve government operations,
our national security, and the health of our citizens. I urge my
colleagues to support this legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 743
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 ``Whistleblower Protection
Enhancement Act of 2011''.
TITLE I--PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION BY FEDERAL
EMPLOYEES
SEC. 101. CLARIFICATION OF DISCLOSURES COVERED.
(a) In General.--Section 2302(b)(8) of title 5, United
States Code, is amended--
(1) in subparagraph (A)(i), by striking ``a violation'' and
inserting ``any violation''; and
(2) in subparagraph (B)(i), by striking ``a violation'' and
inserting ``any violation (other than a violation of this
section)''.
(b) Prohibited Personnel Practices Under Section
2302(b)(9).--
(1) Technical and conforming amendments.--Title 5, United
States Code, is amended in subsections (a)(3), (b)(4)(A), and
(b)(4)(B)(i) of section 1214, in subsections (a), (e)(1), and
(i) of section 1221, and in subsection (a)(2)(C)(i) of
section 2302, by inserting ``or section 2302(b)(9) (A)(i),
(B), (C), or
[[Page S2195]]
(D)'' after ``section 2302(b)(8)'' or ``(b)(8)'' each place
it appears.
(2) Other references.--(A) Title 5, United States Code, is
amended in subsection (b)(4)(B)(i) of section 1214 and in
subsection (e)(1) of section 1221, by inserting ``or
protected activity'' after ``disclosure'' each place it
appears.
(B) Section 2302(b)(9) of title 5, United States Code, is
amended--
(i) by striking subparagraph (A)and inserting the
following:
``(A) the exercise of any appeal, complaint, or grievance
right granted by any law, rule, or regulation--
``(i) with regard to remedying a violation of paragraph
(8); or
``(ii) with regard to remedying a violation of any other
law, rule, or regulation;''; and
(ii) in subparagraph (B), by inserting ``(i) or (ii)''
after ``subparagraph (A)''.
(C) Section 2302 of title 5, United States Code, is amended
by adding at the end the following:
``(f)(1) A disclosure shall not be excluded from subsection
(b)(8) because--
``(A) the disclosure was made to a person, including a
supervisor, who participated in an activity that the employee
or applicant reasonably believed to be covered by subsection
(b)(8)(A)(ii);
``(B) the disclosure revealed information that had been
previously disclosed;
``(C) of the employee's or applicant's motive for making
the disclosure;
``(D) the disclosure was not made in writing;
``(E) the disclosure was made while the employee was off
duty; or
``(F) of the amount of time which has passed since the
occurrence of the events described in the disclosure.
``(2) If a disclosure is made during the normal course of
duties of an employee, the disclosure shall not be excluded
from subsection (b)(8) if any employee who has authority to
take, direct others to take, recommend, or approve any
personnel action with respect to the employee making the
disclosure, took, failed to take, or threatened to take or
fail to take a personnel action with respect to that employee
in reprisal for the disclosure.''.
SEC. 102. DEFINITIONAL AMENDMENTS.
Section 2302(a)(2) of title 5, United States Code, is
amended--
(1) in subparagraph (B)(ii), by striking ``and'' at the
end;
(2) in subparagraph (C)(iii), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(D) `disclosure' means a formal or informal communication
or transmission, but does not include a communication
concerning policy decisions that lawfully exercise
discretionary authority unless the employee or applicant
providing the disclosure reasonably believes that the
disclosure evidences--
``(i) any violation of any law, rule, or regulation, and
occurs during the conscientious carrying out of official
duties; or
``(ii) gross mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific danger to
public health or safety.''.
SEC. 103. REBUTTABLE PRESUMPTION.
Section 2302(b) of title 5, United States Code, is amended
by amending the matter following paragraph (12) to read as
follows:
``This subsection shall not be construed to authorize the
withholding of information from Congress or the taking of any
personnel action against an employee who discloses
information to Congress. For purposes of paragraph (8), any
presumption relating to the performance of a duty by an
employee whose conduct is the subject of a disclosure as
defined under subsection (a)(2)(D) may be rebutted by
substantial evidence. For purposes of paragraph (8), a
determination as to whether an employee or applicant
reasonably believes that such employee or applicant has
disclosed information that evidences any violation of law,
rule, regulation, gross mismanagement, a gross waste of
funds, an abuse of authority, or a substantial and specific
danger to public health or safety shall be made by
determining whether a disinterested observer with knowledge
of the essential facts known to and readily ascertainable by
the employee could reasonably conclude that the actions of
the Government evidence such violations, mismanagement,
waste, abuse, or danger.''.
SEC. 104. PERSONNEL ACTIONS AND PROHIBITED PERSONNEL
PRACTICES.
(a) Personnel Action.--Section 2302(a)(2)(A) of title 5,
United States Code, is amended--
(1) in clause (x), by striking ``and'' after the semicolon;
and
(2) by redesignating clause (xi) as clause (xii) and
inserting after clause (x) the following:
``(xi) the implementation or enforcement of any
nondisclosure policy, form, or agreement; and''.
(b) Prohibited Personnel Practice.--
(1) In general.--Section 2302(b) of title 5, United States
Code, is amended--
(A) in paragraph (11), by striking ``or'' at the end;
(B) in paragraph (12), by striking the period and inserting
``; or''; and
(C) by inserting after paragraph (12) the following:
``(13) implement or enforce any nondisclosure policy, form,
or agreement, if such policy, form, or agreement does not
contain the following statement: `These provisions are
consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or
liabilities created by Executive Order 13526 (75 Fed. Reg.
707; relating to classified national security information),
or any successor thereto; Executive Order 12968 (60 Fed. Reg.
40245; relating to access to classified information), or any
successor thereto; section 7211 of title 5, United States
Code (governing disclosures to Congress); section 1034 of
title 10, United States Code (governing disclosure to
Congress by members of the military); section 2302(b)(8) of
title 5, United States Code (governing disclosures of
illegality, waste, fraud, abuse, or public health or safety
threats); the Intelligence Identities Protection Act of 1982
(50 U.S.C. 421 et seq.) (governing disclosures that could
expose confidential Government agents); and the statutes
which protect against disclosures that could compromise
national security, including sections 641, 793, 794, 798, and
952 of title 18, United States Code, and section 4(b) of the
Subversive Activities Control Act of 1950 (50 U.S.C. 783(b)).
The definitions, requirements, obligations, rights,
sanctions, and liabilities created by such Executive order
and such statutory provisions are incorporated into this
agreement and are controlling.' ''.
(2) Nondisclosure policy, form, or agreement in effect
before the date of enactment.--A nondisclosure policy, form,
or agreement that was in effect before the date of enactment
of this Act, but that does not contain the statement required
under section 2302(b)(13) of title 5, United States Code, (as
added by this Act) for implementation or enforcement--
(A) may be enforced with regard to a current employee if
the agency gives such employee notice of the statement; and
(B) may continue to be enforced after the effective date of
this Act with regard to a former employee if the agency posts
notice of the statement on the agency website for the 1-year
period following that effective date.
(c) Retaliatory Investigations.--
(1) Agency investigation.--Section 1214 of title 5, United
States Code, is amended by adding at the end the following:
``(h) Any corrective action ordered under this section to
correct a prohibited personnel practice may include fees,
costs, or damages reasonably incurred due to an agency
investigation of the employee, if such investigation was
commenced, expanded, or extended in retaliation for the
disclosure or protected activity that formed the basis of the
corrective action.''.
(2) Damages.--Section 1221(g) of title 5, United States
Code, is amended by adding at the end the following:
``(4) Any corrective action ordered under this section to
correct a prohibited personnel practice may include fees,
costs, or damages reasonably incurred due to an agency
investigation of the employee, if such investigation was
commenced, expanded, or extended in retaliation for the
disclosure or protected activity that formed the basis of the
corrective action.''.
SEC. 105. EXCLUSION OF AGENCIES BY THE PRESIDENT.
Section 2302(a)(2)(C) of title 5, United States Code, is
amended by striking clause (ii) and inserting the following:
``(ii)(I) the Federal Bureau of Investigation, the Central
Intelligence Agency, the Defense Intelligence Agency, the
National Geospatial-Intelligence Agency, the National
Security Agency, the Office of the Director of National
Intelligence, and the National Reconnaissance Office; and
``(II) as determined by the President, any executive agency
or unit thereof the principal function of which is the
conduct of foreign intelligence or counterintelligence
activities, provided that the determination be made prior to
a personnel action; or''.
SEC. 106. DISCIPLINARY ACTION.
Section 1215(a)(3) of title 5, United States Code, is
amended to read as follows:
``(3)(A) A final order of the Board may impose--
``(i) disciplinary action consisting of removal, reduction
in grade, debarment from Federal employment for a period not
to exceed 5 years, suspension, or reprimand;
``(ii) an assessment of a civil penalty not to exceed
$1,000; or
``(iii) any combination of disciplinary actions described
under clause (i) and an assessment described under clause
(ii).
``(B) In any case brought under paragraph (1) in which the
Board finds that an employee has committed a prohibited
personnel practice under section 2302(b)(8), or 2302(b)(9)
(A)(i), (B), (C), or (D), the Board may impose disciplinary
action if the Board finds that the activity protected under
section 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), or (D)
was a significant motivating factor, even if other factors
also motivated the decision, for the employee's decision to
take, fail to take, or threaten to take or fail to take a
personnel action, unless that employee demonstrates, by
preponderance of evidence, that the employee would have
taken, failed to take, or threatened to take or fail to take
the same personnel action, in the absence of such protected
activity.''.
SEC. 107. REMEDIES.
(a) Attorney Fees.--Section 1204(m)(1) of title 5, United
States Code, is amended by striking ``agency involved'' and
inserting ``agency where the prevailing party was employed or
had applied for employment at the time of the events giving
rise to the case''.
(b) Damages.--Sections 1214(g)(2) and 1221(g)(1)(A)(ii) of
title 5, United States Code,
[[Page S2196]]
are amended by striking all after ``travel expenses,'' and
inserting ``any other reasonable and foreseeable
consequential damages, and compensatory damages (including
interest, reasonable expert witness fees, and costs).'' each
place it appears.
SEC. 108. JUDICIAL REVIEW.
(a) In General.--Section 7703(b) of title 5, United States
Code, is amended by striking the matter preceding paragraph
(2) and inserting the following:
``(b)(1)(A) Except as provided in subparagraph (B) and
paragraph (2) of this subsection, a petition to review a
final order or final decision of the Board shall be filed in
the United States Court of Appeals for the Federal Circuit.
Notwithstanding any other provision of law, any petition for
review shall be filed within 60 days after the Board issues
notice of the final order or decision of the Board.
``(B) During the 5-year period beginning on the effective
date of the Whistleblower Protection Enhancement Act of 2011,
a petition to review a final order or final decision of the
Board that raises no challenge to the Board's disposition of
allegations of a prohibited personnel practice described in
section 2302(b) other than practices described in section
2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), or (D) shall be
filed in the United States Court of Appeals for the Federal
Circuit or any court of appeals of competent jurisdiction as
provided under paragraph (2).''.
(b) Review Obtained by Office of Personnel Management.--
Section 7703(d) of title 5, United States Code, is amended to
read as follows:
``(d)(1) Except as provided under paragraph (2), this
paragraph shall apply to any review obtained by the Director
of the Office of Personnel Management. The Director of the
Office of Personnel Management may obtain review of any final
order or decision of the Board by filing, within 60 days
after the Board issues notice of the final order or decision
of the Board, a petition for judicial review in the United
States Court of Appeals for the Federal Circuit if the
Director determines, in the discretion of the Director, that
the Board erred in interpreting a civil service law, rule, or
regulation affecting personnel management and that the
Board's decision will have a substantial impact on a civil
service law, rule, regulation, or policy directive. If the
Director did not intervene in a matter before the Board, the
Director may not petition for review of a Board decision
under this section unless the Director first petitions the
Board for a reconsideration of its decision, and such
petition is denied. In addition to the named respondent, the
Board and all other parties to the proceedings before the
Board shall have the right to appear in the proceeding before
the Court of Appeals. The granting of the petition for
judicial review shall be at the discretion of the Court of
Appeals.
``(2) During the 5-year period beginning on the effective
date of the Whistleblower Protection Enhancement Act of 2011,
this paragraph shall apply to any review obtained by the
Director of the Office of Personnel Management that raises no
challenge to the Board's disposition of allegations of a
prohibited personnel practice described in section 2302(b)
other than practices described in section 2302(b)(8), or
2302(b)(9) (A)(i), (B), (C), or (D). The Director of the
Office of Personnel Management may obtain review of any final
order or decision of the Board by filing, within 60 days
after the Board issues notice of the final order or decision
of the Board, a petition for judicial review in the United
States Court of Appeals for the Federal Circuit or any court
of appeals of competent jurisdiction as provided under
subsection (b)(2) if the Director determines, in the
discretion of the Director, that the Board erred in
interpreting a civil service law, rule, or regulation
affecting personnel management and that the Board's decision
will have a substantial impact on a civil service law, rule,
regulation, or policy directive. If the Director did not
intervene in a matter before the Board, the Director may not
petition for review of a Board decision under this section
unless the Director first petitions the Board for a
reconsideration of its decision, and such petition is denied.
In addition to the named respondent, the Board and all other
parties to the proceedings before the Board shall have the
right to appear in the proceeding before the court of
appeals. The granting of the petition for judicial review
shall be at the discretion of the court of appeals.''.
SEC. 109. PROHIBITED PERSONNEL PRACTICES AFFECTING THE
TRANSPORTATION SECURITY ADMINISTRATION.
(a) In General.--Chapter 23 of title 5, United States Code,
is amended--
(1) by redesignating sections 2304 and 2305 as sections
2305 and 2306, respectively; and
(2) by inserting after section 2303 the following:
``Sec. 2304. Prohibited personnel practices affecting the
Transportation Security Administration
``(a) In General.--Notwithstanding any other provision of
law, any individual holding or applying for a position within
the Transportation Security Administration shall be covered
by--
``(1) the provisions of section 2302(b) (1), (8), and (9);
``(2) any provision of law implementing section 2302(b)
(1), (8), or (9) by providing any right or remedy available
to an employee or applicant for employment in the civil
service; and
``(3) any rule or regulation prescribed under any provision
of law referred to in paragraph (1) or (2).
``(b) Rule of Construction.--Nothing in this section shall
be construed to affect any rights, apart from those described
in subsection (a), to which an individual described in
subsection (a) might otherwise be entitled under law.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 23 of title 5, United States Code, is
amended by striking the items relating to sections 2304 and
2305, respectively, and by inserting the following:
``2304. Prohibited personnel practices affecting the Transportation
Security Administration.
``2305. Responsibility of the Government Accountability Office.
``2306. Coordination with certain other provisions of law.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this section.
SEC. 110. DISCLOSURE OF CENSORSHIP RELATED TO RESEARCH,
ANALYSIS, OR TECHNICAL INFORMATION.
(a) Definitions.--In this subsection--
(1) the term ``agency'' has the meaning given under section
2302(a)(2)(C) of title 5, United States Code;
(2) the term ``applicant'' means an applicant for a covered
position;
(3) the term ``censorship related to research, analysis, or
technical information'' means any effort to distort,
misrepresent, or suppress research, analysis, or technical
information;
(4) the term ``covered position'' has the meaning given
under section 2302(a)(2)(B) of title 5, United States Code;
(5) the term ``employee'' means an employee in a covered
position in an agency; and
(6) the term ``disclosure'' has the meaning given under
section 2302(a)(2)(D) of title 5, United States Code.
(b) Protected Disclosure.--
(1) In general.--Any disclosure of information by an
employee or applicant for employment that the employee or
applicant reasonably believes is evidence of censorship
related to research, analysis, or technical information--
(A) shall come within the protections of section
2302(b)(8)(A) of title 5, United States Code, if--
(i) the employee or applicant reasonably believes that the
censorship related to research, analysis, or technical
information is or will cause--
(I) any violation of law, rule, or regulation, and occurs
during the conscientious carrying out of official duties; or
(II) gross mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public
health or safety; and
(ii) such disclosure is not specifically prohibited by law
or such information is not specifically required by Executive
order to be kept classified in the interest of national
defense or the conduct of foreign affairs; and
(B) shall come within the protections of section
2302(b)(8)(B) of title 5, United States Code, if--
(i) the employee or applicant reasonably believes that the
censorship related to research, analysis, or technical
information is or will cause--
(I) any violation of law, rule, or regulation, and occurs
during the conscientious carrying out of official duties; or
(II) gross mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public
health or safety; and
(ii) the disclosure is made to the Special Counsel, or to
the Inspector General of an agency or another person
designated by the head of the agency to receive such
disclosures, consistent with the protection of sources and
methods.
(2) Disclosures not excluded.--A disclosure shall not be
excluded from paragraph (1) for any reason described under
section 2302(f)(1) or (2) of title 5, United States Code.
(3) Rule of construction.--Nothing in this section shall be
construed to imply any limitation on the protections of
employees and applicants afforded by any other provision of
law, including protections with respect to any disclosure of
information believed to be evidence of censorship related to
research, analysis, or technical information.
SEC. 111. CLARIFICATION OF WHISTLEBLOWER RIGHTS FOR CRITICAL
INFRASTRUCTURE INFORMATION.
Section 214(c) of the Homeland Security Act of 2002 (6
U.S.C. 133(c)) is amended by adding at the end the following:
``For purposes of this section a permissible use of
independently obtained information includes the disclosure of
such information under section 2302(b)(8) of title 5, United
States Code.''.
SEC. 112. ADVISING EMPLOYEES OF RIGHTS.
Section 2302(c) of title 5, United States Code, is amended
by inserting ``, including how to make a lawful disclosure of
information that is specifically required by law or Executive
order to be kept classified in the interest of national
defense or the conduct of foreign affairs to the Special
Counsel, the Inspector General of an agency, Congress, or
other agency employee designated to receive such
disclosures'' after ``chapter 12 of this title''.
[[Page S2197]]
SEC. 113. SPECIAL COUNSEL AMICUS CURIAE APPEARANCE.
Section 1212 of title 5, United States Code, is amended by
adding at the end the following:
``(h)(1) The Special Counsel is authorized to appear as
amicus curiae in any action brought in a court of the United
States related to any civil action brought in connection with
section 2302(b) (8) or (9), or as otherwise authorized by
law. In any such action, the Special Counsel is authorized to
present the views of the Special Counsel with respect to
compliance with section 2302(b) (8) or (9) and the impact
court decisions would have on the enforcement of such
provisions of law.
``(2) A court of the United States shall grant the
application of the Special Counsel to appear in any such
action for the purposes described under subsection (a).''.
SEC. 114. SCOPE OF DUE PROCESS.
(a) Special Counsel.--Section 1214(b)(4)(B)(ii) of title 5,
United States Code, is amended by inserting ``, after a
finding that a protected disclosure was a contributing
factor,'' after ``ordered if''.
(b) Individual Action.--Section 1221(e)(2) of title 5,
United States Code, is amended by inserting ``, after a
finding that a protected disclosure was a contributing
factor,'' after ``ordered if''.
SEC. 115. NONDISCLOSURE POLICIES, FORMS, AND AGREEMENTS.
(a) In General.--
(1) Requirement.--Each agreement in Standard Forms 312 and
4414 of the Government and any other nondisclosure policy,
form, or agreement of the Government shall contain the
following statement: ``These restrictions are consistent with
and do not supersede, conflict with, or otherwise alter the
employee obligations, rights, or liabilities created by
Executive Order 13526 (75 Fed. Reg. 707; relating to
classified national security information), or any successor
thereto; Executive Order 12968 (60 Fed. Reg. 40245; relating
to access to classified information), or any successor
thereto; section 7211 of title 5, United States Code
(governing disclosures to Congress); section 1034 of title
10, United States Code (governing disclosure to Congress by
members of the military); section 2302(b)(8) of title 5,
United States Code (governing disclosures of illegality,
waste, fraud, abuse, or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50 U.S.C. 421
et seq.) (governing disclosures that could expose
confidential Government agents); and the statutes which
protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
definitions, requirements, obligations, rights, sanctions,
and liabilities created by such Executive order and such
statutory provisions are incorporated into this agreement and
are controlling.''.
(2) Enforceability.--
(A) In general.--Any nondisclosure policy, form, or
agreement described under paragraph (1) that does not contain
the statement required under paragraph (1) may not be
implemented or enforced to the extent such policy, form, or
agreement is inconsistent with that statement.
(B) Nondisclosure policy, form, or agreement in effect
before the date of enactment.--A nondisclosure policy, form,
or agreement that was in effect before the date of enactment
of this Act, but that does not contain the statement required
under paragraph (1)--
(i) may be enforced with regard to a current employee if
the agency gives such employee notice of the statement; and
(ii) may continue to be enforced after the effective date
of this Act with regard to a former employee if the agency
posts notice of the statement on the agency website for the
1-year period following that effective date.
(b) Persons Other Than Government Employees.--
Notwithstanding subsection (a), a nondisclosure policy, form,
or agreement that is to be executed by a person connected
with the conduct of an intelligence or intelligence-related
activity, other than an employee or officer of the United
States Government, may contain provisions appropriate to the
particular activity for which such document is to be used.
Such policy, form, or agreement shall, at a minimum, require
that the person will not disclose any classified information
received in the course of such activity unless specifically
authorized to do so by the United States Government. Such
nondisclosure policy, form, or agreement shall also make it
clear that such forms do not bar disclosures to Congress or
to an authorized official of an executive agency or the
Department of Justice that are essential to reporting a
substantial violation of law, consistent with the protection
of sources and methods.
SEC. 116. REPORTING REQUIREMENTS.
(a) Government Accountability Office.--
(1) Report.--Not later than 40 months after the date of
enactment of this Act, the Comptroller General shall submit a
report to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Government Reform of the House of Representatives on the
implementation of this title.
(2) Contents.--The report under this paragraph shall
include--
(A) an analysis of any changes in the number of cases filed
with the United States Merit Systems Protection Board
alleging violations of section 2302(b) (8) or (9) of title 5,
United States Code, since the effective date of this Act;
(B) the outcome of the cases described under subparagraph
(A), including whether or not the United States Merit Systems
Protection Board, the Federal Circuit Court of Appeals, or
any other court determined the allegations to be frivolous or
malicious;
(C) an analysis of the outcome of cases described under
subparagraph (A) that were decided by a United States
District Court and the impact the process has on the Merit
Systems Protection Board and the Federal court system; and
(D) any other matter as determined by the Comptroller
General.
(b) Merit Systems Protection Board.--
(1) In general.--Each report submitted annually by the
Merit Systems Protection Board under section 1116 of title
31, United States Code, shall, with respect to the period
covered by such report, include as an addendum the following:
(A) Information relating to the outcome of cases decided
during the applicable year of the report in which violations
of section 2302(b) (8) or (9) (A)(i), (B)(i), (C), or (D) of
title 5, United States Code, were alleged.
(B) The number of such cases filed in the regional and
field offices, the number of petitions for review filed in
such cases, and the outcomes of such cases.
(2) First report.--The first report described under
paragraph (1) submitted after the date of enactment of this
Act shall include an addendum required under that
subparagraph that covers the period beginning on January 1,
2009 through the end of the fiscal year 2009.
SEC. 117. ALTERNATIVE REVIEW.
(a) In General.--Section 1221 of title 5, United States
Code, is amended by adding at the end the following:
``(k)(1) In this subsection, the term `appropriate United
States district court', as used with respect to an alleged
prohibited personnel practice, means the United States
district court for the judicial district in which--
``(A) the prohibited personnel practice is alleged to have
been committed; or
``(B) the employee, former employee, or applicant for
employment allegedly affected by such practice resides.
``(2)(A) An employee, former employee, or applicant for
employment in any case to which paragraph (3) or (4) applies
may file an action at law or equity for de novo review in the
appropriate United States district court in accordance with
this subsection.
``(B) Upon initiation of any action under subparagraph (A),
the Board shall stay any other claims of such employee,
former employee, or applicant pending before the Board at
that time which arise out of the same set of operative facts.
Such claims shall be stayed pending completion of the action
filed under subparagraph (A) before the appropriate United
States district court and any associated appellate review.
``(3) This paragraph applies in any case in which--
``(A) an employee, former employee, or applicant for
employment--
``(i) seeks corrective action from the Merit Systems
Protection Board under section 1221(a) based on an alleged
prohibited personnel practice described in section 2302(b)
(8) or (9) (A)(i), (B), (C), or (D) for which the associated
personnel action is an action covered under section 7512 or
7542; or
``(ii) files an appeal under section 7701(a) alleging as an
affirmative defense the commission of a prohibited personnel
practice described in section 2302(b) (8) or (9) (A)(i), (B),
(C), or (D) for which the associated personnel action is an
action covered under section 7512 or 7542;
``(B) no final order or decision is issued by the Board
within 270 days after the date on which a request for that
corrective action or appeal has been duly submitted, unless
the Board determines that the employee, former employee, or
applicant for employment engaged in conduct intended to delay
the issuance of a final order or decision by the Board; and
``(C) such employee, former employee, or applicant provides
written notice to the Board of filing an action under this
subsection before the filing of that action.
``(4) This paragraph applies in any case in which--
``(A) an employee, former employee, or applicant for
employment--
``(i) seeks corrective action from the Merit Systems
Protection Board under section 1221(a) based on an alleged
prohibited personnel practice described in section 2302(b)
(8) or (9) (A)(i), (B), (C), or (D) for which the associated
personnel action is an action covered under section 7512 or
7542; or
``(ii) files an appeal under section 7701(a)(1) alleging as
an affirmative defense the commission of a prohibited
personnel practice described in section 2302(b) (8) or (9)
(A)(i), (B), (C), or (D) for which the associated personnel
action is an action covered under section 7512 or 7542;
``(B)(i) within 30 days after the date on which the request
for corrective action or appeal was duly submitted, such
employee, former employee, or applicant for employment files
a motion requesting a certification consistent with
subparagraph (C) to the Board, any administrative law judge
appointed by the Board under section 3105 of this title and
assigned to the case, or any employee of the Board designated
by the Board and assigned to the case; and
[[Page S2198]]
``(ii) such employee has not previously filed a motion
under clause (i) related to that request for corrective
action; and
``(C) the Board, any administrative law judge appointed by
the Board under section 3105 of this title and assigned to
the case, or any employee of the Board designated by the
Board and assigned to the case certifies that--
``(i) under standard applicable to the review of motions to
dismiss under rule 12(b)(6) of the Federal Rules of Civil
Procedure, including rule 12(d), the request for corrective
action (including any allegations made with the motion under
subparagraph (B)) would not be subject to dismissal; and
``(ii)(I) the Board is not likely to dispose of the case
within 270 days after the date on which a request for that
corrective action has been duly submitted; or
``(II) the case--
``(aa) consists of multiple claims;
``(bb) requires complex or extensive discovery;
``(cc) arises out of the same set of operative facts as any
civil action against the Government filed by the employee,
former employee, or applicant pending in a Federal court; or
``(dd) involves a novel question of law.
``(5) The Board shall grant or deny any motion requesting a
certification described under paragraph (4)(ii) within 90
days after the submission of such motion and the Board may
not issue a decision on the merits of a request for
corrective action within 15 days after granting or denying a
motion requesting certification.
``(6)(A) Any decision of the Board, any administrative law
judge appointed by the Board under section 3105 of this title
and assigned to the case, or any employee of the Board
designated by the Board and assigned to the case to grant or
deny a certification described under paragraph (4)(ii) shall
be reviewed on appeal of a final order or decision of the
Board under section 7703 only if--
``(i) a motion requesting a certification was denied; and
``(ii) the reviewing court vacates the decision of the
Board on the merits of the claim under the standards set
forth in section 7703(c).
``(B) The decision to deny the certification shall be
overturned by the reviewing court, and an order granting
certification shall be issued by the reviewing court, if such
decision is found to be arbitrary, capricious, or an abuse of
discretion.
``(C) The reviewing court's decision shall not be
considered evidence of any determination by the Board, any
administrative law judge appointed by the Board under section
3105 of this title, or any employee of the Board designated
by the Board on the merits of the underlying allegations
during the course of any action at law or equity for de novo
review in the appropriate United States district court in
accordance with this subsection.
``(7) In any action filed under this subsection--
``(A) the district court shall have jurisdiction without
regard to the amount in controversy;
``(B) at the request of either party, such action shall be
tried by the court with a jury;
``(C) the court--
``(i) subject to clause (iii), shall apply the standards
set forth in subsection (e); and
``(ii) may award any relief which the court considers
appropriate under subsection (g), except--
``(I) relief for compensatory damages may not exceed
$300,000; and
``(II) relief may not include punitive damages; and
``(iii) notwithstanding subsection (e)(2), may not order
relief if the agency demonstrates by a preponderance of the
evidence that the agency would have taken the same personnel
action in the absence of such disclosure; and
``(D) the Special Counsel may not represent the employee,
former employee, or applicant for employment.
``(8) An appeal from a final decision of a district court
in an action under this subsection shall be taken to the
Court of Appeals for the Federal Circuit or any court of
appeals of competent jurisdiction.
``(9) This subsection applies with respect to any appeal,
petition, or other request for corrective action duly
submitted to the Board, whether under section 1214(b)(2), the
preceding provisions of this section, section 7513(d),
section 7701, or any otherwise applicable provisions of law,
rule, or regulation.''.
(b) Sunset.--
(1) In general.--Except as provided under paragraph (2),
the amendments made by this section shall cease to have
effect 5 years after the effective date of this Act.
(2) Pending claims.--The amendments made by this section
shall continue to apply with respect to any claim pending
before the Board on the last day of the 5-year period
described under paragraph (1).
SEC. 118. MERIT SYSTEMS PROTECTION BOARD SUMMARY JUDGMENT.
(a) In General.--Section 1204(b) of title 5, United States
Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) by inserting after paragraph (2) the following:
``(3) With respect to a request for corrective action based
on an alleged prohibited personnel practice described in
section 2302(b) (8) or (9) (A)(i), (B), (C), or (D) for which
the associated personnel action is an action covered under
section 7512 or 7542, the Board, any administrative law judge
appointed by the Board under section 3105 of this title, or
any employee of the Board designated by the Board may, with
respect to any party, grant a motion for summary judgment
when the Board or the administrative law judge determines
that there is no genuine issue as to any material fact and
that the moving party is entitled to a judgment as a matter
of law.''.
(b) Sunset.--
(1) In general.--Except as provided under paragraph (2),
the amendments made by this section shall cease to have
effect 5 years after the effective date of this Act.
(2) Pending claims.--The amendments made by this section
shall continue to apply with respect to any claim pending
before the Board on the last day of the 5-year period
described under paragraph (1).
SEC. 119. DISCLOSURES OF CLASSIFIED INFORMATION.
(a) Prohibited Personnel Practices.--Section 2302(b)(8) of
title 5, United States Code, is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon;
(2) in subparagraph (B), by adding ``or'' after the
semicolon; and
(3) by adding at the end the following:
``(C) any communication that complies with subsection
(a)(1), (d), or (h) of section 8H of the Inspector General
Act of 1978 (5 U.S.C. App);''.
(b) Inspector General Act of 1978.--Section 8H of the
Inspector General Act of 1978 (5 U.S.C. App) is amended--
(1) in subsection (a)(1), by adding at the end the
following:
``(D) An employee of any agency, as that term is defined
under section 2302(a)(2)(C) of title 5, United States Code,
who intends to report to Congress a complaint or information
with respect to an urgent concern may report the complaint or
information to the Inspector General (or designee) of the
agency of which that employee is employed.'';
(2) in subsection (c), by striking ``intelligence
committees'' and inserting ``appropriate committees'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``either or both of the
intelligence committees'' and inserting ``any of the
appropriate committees''; and
(B) in paragraphs (2) and (3), by striking ``intelligence
committees'' each place that term appears and inserting
``appropriate committees'';
(4) in subsection (h)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``intelligence''; and
(ii) in subparagraph (B), by inserting ``or an activity
involving classified information'' after ``an intelligence
activity''; and
(B) by striking paragraph (2), and inserting the following:
``(2) The term `appropriate committees' means the Permanent
Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of
the Senate, except that with respect to disclosures made by
employees described in subsection (a)(1)(D), the term
`appropriate committees' means the committees of appropriate
jurisdiction.''.
SEC. 120. WHISTLEBLOWER PROTECTION OMBUDSMAN.
(a) In General.--Section 3 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by striking subsection (d)
and inserting the following:
``(d)(1) Each Inspector General shall, in accordance with
applicable laws and regulations governing the civil service--
``(A) appoint an Assistant Inspector General for Auditing
who shall have the responsibility for supervising the
performance of auditing activities relating to programs and
operations of the establishment;
``(B) appoint an Assistant Inspector General for
Investigations who shall have the responsibility for
supervising the performance of investigative activities
relating to such programs and operations; and
``(C) designate a Whistleblower Protection Ombudsman who
shall educate agency employees--
``(i) about prohibitions on retaliation for protected
disclosures; and
``(ii) who have made or are contemplating making a
protected disclosure about the rights and remedies against
retaliation for protected disclosures.
``(2) The Whistleblower Protection Ombudsman shall not act
as a legal representative, agent, or advocate of the employee
or former employee.
``(3) For the purposes of this section, the requirement of
the designation of a Whistleblower Protection Ombudsman under
paragraph (1)(C) shall not apply to--
``(A) any agency that is an element of the intelligence
community (as defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4))); or
``(B) as determined by the President, any executive agency
or unit thereof the principal function of which is the
conduct of foreign intelligence or counter intelligence
activities.''.
(b) Technical and Conforming Amendment.--Section 8D(j) of
the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) by striking ``section 3(d)(1)'' and inserting ``section
3(d)(1)(A)''; and
(2) by striking ``section 3(d)(2)'' and inserting ``section
3(d)(1)(B)''.
(c) Sunset.--
[[Page S2199]]
(1) In general.--The amendments made by this section shall
cease to have effect on the date that is 5 years after the
date of enactment of this Act.
(2) Return to prior authority.--Upon the date described in
paragraph (1), section 3(d) and section 8D(j) of the
Inspector General Act of 1978 (5 U.S.C. App.) shall read as
such sections read on the day before the date of enactment of
this Act.
TITLE II--INTELLIGENCE COMMUNITY WHISTLEBLOWER PROTECTIONS
SEC. 201. PROTECTION OF INTELLIGENCE COMMUNITY
WHISTLEBLOWERS.
(a) In General.--Chapter 23 of title 5, United States Code,
is amended by inserting after section 2303 the following:
``Sec. 2303A. Prohibited personnel practices in the
intelligence community
``(a) Definitions.--In this section--
``(1) the term `agency' means an executive department or
independent establishment, as defined under sections 101 and
104, that contains an intelligence community element, except
the Federal Bureau of Investigation;
``(2) the term `intelligence community element'--
``(A) means--
``(i) the Central Intelligence Agency, the Defense
Intelligence Agency, the National Geospatial-Intelligence
Agency, the National Security Agency, the Office of the
Director of National Intelligence, and the National
Reconnaissance Office; and
``(ii) any executive agency or unit thereof determined by
the President under section 2302(a)(2)(C)(ii) of title 5,
United States Code, to have as its principal function the
conduct of foreign intelligence or counterintelligence
activities; and
``(B) does not include the Federal Bureau of Investigation;
and
``(3) the term `personnel action' means any action
described in clauses (i) through (x) of section 2302(a)(2)(A)
with respect to an employee in a position in an intelligence
community element (other than a position of a confidential,
policy-determining, policymaking, or policy-advocating
character).
``(b) In General.--Any employee of an agency who has
authority to take, direct others to take, recommend, or
approve any personnel action, shall not, with respect to such
authority, take or fail to take a personnel action with
respect to any employee of an intelligence community element
as a reprisal for a disclosure of information by the employee
to the Director of National Intelligence (or an employee
designated by the Director of National Intelligence for such
purpose), or to the head of the employing agency (or an
employee designated by the head of that agency for such
purpose), which the employee reasonably believes evidences--
``(1) a violation of any law, rule, or regulation, except
for an alleged violation that occurs during the conscientious
carrying out of official duties; or
``(2) mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public
health or safety.
``(c) Enforcement.--The President shall provide for the
enforcement of this section in a manner consistent with
applicable provisions of sections 1214 and 1221.
``(d) Existing Rights Preserved.--Nothing in this section
shall be construed to--
``(1) preempt or preclude any employee, or applicant for
employment, at the Federal Bureau of Investigation from
exercising rights currently provided under any other law,
rule, or regulation, including section 2303;
``(2) repeal section 2303; or
``(3) provide the President or Director of National
Intelligence the authority to revise regulations related to
section 2303, codified in part 27 of the Code of Federal
Regulations.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 23 of title 5, United States Code, is
amended by inserting after the item relating to section 2303
the following:
``2303A. Prohibited personnel practices in the intelligence
community.''.
SEC. 202. REVIEW OF SECURITY CLEARANCE OR ACCESS
DETERMINATIONS.
(a) In General.--Section 3001(b) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (50 U.S.C. 435b(b)) is
amended--
(1) in the matter preceding paragraph (1), by striking
``Not'' and inserting ``Except as otherwise provided, not'';
(2) in paragraph (5), by striking ``and'' after the
semicolon;
(3) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(4) by inserting after paragraph (6) the following:
``(7) not later than 180 days after the date of enactment
of the Whistleblower Protection Enhancement Act of 2011--
``(A) developing policies and procedures that permit, to
the extent practicable, individuals who challenge in good
faith a determination to suspend or revoke a security
clearance or access to classified information to retain their
government employment status while such challenge is pending;
and
``(B) developing and implementing uniform and consistent
policies and procedures to ensure proper protections during
the process for denying, suspending, or revoking a security
clearance or access to classified information, including the
provision of a right to appeal such a denial, suspension, or
revocation, except that there shall be no appeal of an
agency's suspension of a security clearance or access
determination for purposes of conducting an investigation, if
that suspension lasts no longer than 1 year or the head of
the agency certifies that a longer suspension is needed
before a final decision on denial or revocation to prevent
imminent harm to the national security.
``Any limitation period applicable to an agency appeal
under paragraph (7) shall be tolled until the head of the
agency (or in the case of any component of the Department of
Defense, the Secretary of Defense) determines, with the
concurrence of the Director of National Intelligence, that
the policies and procedures described in paragraph (7) have
been established for the agency or the Director of National
Intelligence promulgates the policies and procedures under
paragraph (7). The policies and procedures for appeals
developed under paragraph (7) shall be comparable to the
policies and procedures pertaining to prohibited personnel
practices defined under section 2302(b)(8) of title 5, United
States Code, and provide--
``(A) for an independent and impartial fact-finder;
``(B) for notice and the opportunity to be heard, including
the opportunity to present relevant evidence, including
witness testimony;
``(C) that the employee or former employee may be
represented by counsel;
``(D) that the employee or former employee has a right to a
decision based on the record developed during the appeal;
``(E) that not more than 180 days shall pass from the
filing of the appeal to the report of the impartial fact-
finder to the agency head or the designee of the agency head,
unless--
``(i) the employee and the agency concerned agree to an
extension; or
``(ii) the impartial fact-finder determines in writing that
a greater period of time is required in the interest of
fairness or national security;
``(F) for the use of information specifically required by
Executive order to be kept classified in the interest of
national defense or the conduct of foreign affairs in a
manner consistent with the interests of national security,
including ex parte submissions if the agency determines that
the interests of national security so warrant; and
``(G) that the employee or former employee shall have no
right to compel the production of information specifically
required by Executive order to be kept classified in the
interest of national defense or the conduct of foreign
affairs, except evidence necessary to establish that the
employee made the disclosure or communication such employee
alleges was protected by subparagraphs (A), (B), and (C) of
subsection (j)(1).''.
(b) Retaliatory Revocation of Security Clearances and
Access Determinations.--Section 3001 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b)
is amended by adding at the end the following:
``(j) Retaliatory Revocation of Security Clearances and
Access Determinations.--
``(1) In general.--Agency personnel with authority over
personnel security clearance or access determinations shall
not take or fail to take, or threaten to take or fail to
take, any action with respect to any employee's security
clearance or access determination because of--
``(A) any disclosure of information to the Director of
National Intelligence (or an employee designated by the
Director of National Intelligence for such purpose) or the
head of the employing agency (or employee designated by the
head of that agency for such purpose) by an employee that the
employee reasonably believes evidences--
``(i) a violation of any law, rule, or regulation, and
occurs during the conscientious carrying out of official
duties; or
``(ii) gross mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific danger to
public health or safety;
``(B) any disclosure to the Inspector General of an agency
or another employee designated by the head of the agency to
receive such disclosures, of information which the employee
reasonably believes evidences--
``(i) a violation of any law, rule, or regulation, and
occurs during the conscientious carrying out of official
duties; or
``(ii) gross mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific danger to
public health or safety;
``(C) any communication that complies with--
``(i) subsection (a)(1), (d), or (h) of section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.);
``(ii) subsection (d)(5)(A), (D), or (G) of section 17 of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q);
or
``(iii) subsection (k)(5)(A), (D), or (G), of section 103H
of the National Security Act of 1947 (50 U.S.C. 403-3h);
``(D) the exercise of any appeal, complaint, or grievance
right granted by any law, rule, or regulation;
``(E) testifying for or otherwise lawfully assisting any
individual in the exercise of any right referred to in
subparagraph (D); or
``(F) cooperating with or disclosing information to the
Inspector General of an agency, in accordance with applicable
provisions of law in connection with an audit, inspection, or
investigation conducted by the Inspector General,
if the actions described under subparagraphs (D) through (F)
do not result in the employee or applicant unlawfully
disclosing information specifically required by Executive
order
[[Page S2200]]
to be kept classified in the interest of national defense or
the conduct of foreign affairs.
``(2) Rule of construction.--Consistent with the protection
of sources and methods, nothing in paragraph (1) shall be
construed to authorize the withholding of information from
the Congress or the taking of any personnel action against an
employee who discloses information to the Congress.
``(3) Disclosures.--
``(A) In general.--A disclosure shall not be excluded from
paragraph (1) because--
``(i) the disclosure was made to a person, including a
supervisor, who participated in an activity that the employee
reasonably believed to be covered by paragraph (1)(A)(ii);
``(ii) the disclosure revealed information that had been
previously disclosed;
``(iii) of the employee's motive for making the disclosure;
``(iv) the disclosure was not made in writing;
``(v) the disclosure was made while the employee was off
duty; or
``(vi) of the amount of time which has passed since the
occurrence of the events described in the disclosure.
``(B) Reprisals.--If a disclosure is made during the normal
course of duties of an employee, the disclosure shall not be
excluded from paragraph (1) if any employee who has authority
to take, direct others to take, recommend, or approve any
personnel action with respect to the employee making the
disclosure, took, failed to take, or threatened to take or
fail to take a personnel action with respect to that employee
in reprisal for the disclosure.
``(4) Agency adjudication.--
``(A) Remedial procedure.--An employee or former employee
who believes that he or she has been subjected to a reprisal
prohibited by paragraph (1) of this subsection may, within 90
days after the issuance of notice of such decision, appeal
that decision within the agency of that employee or former
employee through proceedings authorized by paragraph (7) of
subsection (a), except that there shall be no appeal of an
agency's suspension of a security clearance or access
determination for purposes of conducting an investigation, if
that suspension lasts not longer than 1 year (or a longer
period in accordance with a certification made under
subsection (b)(7)).
``(B) Corrective action.--If, in the course of proceedings
authorized under subparagraph (A), it is determined that the
adverse security clearance or access determination violated
paragraph (1) of this subsection, the agency shall take
specific corrective action to return the employee or former
employee, as nearly as practicable and reasonable, to the
position such employee or former employee would have held had
the violation not occurred. Such corrective action shall
include reasonable attorney's fees and any other reasonable
costs incurred, and may include back pay and related
benefits, travel expenses, and compensatory damages not to
exceed $300,000.
``(C) Contributing factor.--In determining whether the
adverse security clearance or access determination violated
paragraph (1) of this subsection, the agency shall find that
paragraph (1) of this subsection was violated if a disclosure
described in paragraph (1) was a contributing factor in the
adverse security clearance or access determination taken
against the individual, unless the agency demonstrates by a
preponderance of the evidence that it would have taken the
same action in the absence of such disclosure, giving the
utmost deference to the agency's assessment of the particular
threat to the national security interests of the United
States in the instant matter.
``(5) Appellate review of security clearance access
determinations by director of national intelligence.--
``(A) Definition.--In this paragraph, the term `Board'
means the appellate review board established under section
204 of the Whistleblower Protection Enhancement Act of 2011.
``(B) Appeal.--Within 60 days after receiving notice of an
adverse final agency determination under a proceeding under
paragraph (4), an employee or former employee may appeal that
determination to the Board.
``(C) Policies and procedures.--The Board, in consultation
with the Attorney General, Director of National Intelligence,
and the Secretary of Defense, shall develop and implement
policies and procedures for adjudicating the appeals
authorized by subparagraph (B). The Director of National
Intelligence and Secretary of Defense shall jointly approve
any rules, regulations, or guidance issued by the Board
concerning the procedures for the use or handling of
classified information.
``(D) Review.--The Board's review shall be on the complete
agency record, which shall be made available to the Board.
The Board may not hear witnesses or admit additional
evidence. Any portions of the record that were submitted ex
parte during the agency proceedings shall be submitted ex
parte to the Board.
``(E) Further fact-finding or improper denial.--If the
Board concludes that further fact-finding is necessary or
finds that the agency improperly denied the employee or
former employee the opportunity to present evidence that, if
admitted, would have a substantial likelihood of altering the
outcome, the Board shall remand the matter to the agency from
which it originated for additional proceedings in accordance
with the rules of procedure issued by the Board.
``(F) De novo determination.--The Board shall make a de
novo determination, based on the entire record and under the
standards specified in paragraph (4), of whether the employee
or former employee received an adverse security clearance or
access determination in violation of paragraph (1). In
considering the record, the Board may weigh the evidence,
judge the credibility of witnesses, and determine
controverted questions of fact. In doing so, the Board may
consider the prior fact-finder's opportunity to see and hear
the witnesses.
``(G) Adverse security clearance or access determination.--
If the Board finds that the adverse security clearance or
access determination violated paragraph (1), it shall then
separately determine whether reinstating the security
clearance or access determination is clearly consistent with
the interests of national security, with any doubt resolved
in favor of national security, under Executive Order 12968
(60 Fed. Reg. 40245; relating to access to classified
information) or any successor thereto (including any
adjudicative guidelines promulgated under such orders) or any
subsequent Executive order, regulation, or policy concerning
access to classified information.
``(H) Remedies.--
``(i) Corrective action.--If the Board finds that the
adverse security clearance or access determination violated
paragraph (1), it shall order the agency head to take
specific corrective action to return the employee or former
employee, as nearly as practicable and reasonable, to the
position such employee or former employee would have held had
the violation not occurred. Such corrective action shall
include reasonable attorney's fees and any other reasonable
costs incurred, and may include back pay and related
benefits, travel expenses, and compensatory damages not to
exceed $300,000. The Board may recommend, but may not order,
reinstatement or hiring of a former employee. The Board may
order that the former employee be treated as though the
employee were transferring from the most recent position held
when seeking other positions within the executive branch. Any
corrective action shall not include the reinstating of any
security clearance or access determination. The agency head
shall take the actions so ordered within 90 days, unless the
Director of National Intelligence, the Secretary of Energy,
or the Secretary of Defense, in the case of any component of
the Department of Defense, determines that doing so would
endanger national security.
``(ii) Recommended action.--If the Board finds that
reinstating the employee or former employee's security
clearance or access determination is clearly consistent with
the interests of national security, it shall recommend such
action to the head of the entity selected under subsection
(b) and the head of the affected agency.
``(I) Congressional notification.--
``(i) Orders.--Consistent with the protection of sources
and methods, at the time the Board issues an order, the
Chairperson of the Board shall notify--
``(I) the Committee on Homeland Security and Government
Affairs of the Senate;
``(II) the Select Committee on Intelligence of the Senate;
``(III) the Committee on Oversight and Government Reform of
the House of Representatives;
``(IV) the Permanent Select Committee on Intelligence of
the House of Representatives; and
``(V) the committees of the Senate and the House of
Representatives that have jurisdiction over the employing
agency, including in the case of a final order or decision of
the Defense Intelligence Agency, the National Geospatial-
Intelligence Agency, the National Security Agency, or the
National Reconnaissance Office, the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives.
``(ii) Recommendations.--If the agency head and the head of
the entity selected under subsection (b) do not follow the
Board's recommendation to reinstate a clearance, the head of
the entity selected under subsection (b) shall notify the
committees described in subclauses (I) through (V) of clause
(i).
``(6) Judicial review.--Nothing in this section shall be
construed to permit or require judicial review of any--
``(A) agency action under this section; or
``(B) action of the appellate review board established
under section 204 of the Whistleblower Protection Enhancement
Act of 2011.
``(7) Private cause of action.--Nothing in this section
shall be construed to permit, authorize, or require a private
cause of action to challenge the merits of a security
clearance determination.''.
(c) Access Determination Defined.--Section 3001(a) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 435b(a)) is amended by adding at the end the
following:
``(9) The term `access determination' means the process for
determining whether an employee--
``(A) is eligible for access to classified information in
accordance with Executive Order 12968 (60 Fed. Reg. 40245;
relating to access to classified information), or any
successor thereto, and Executive Order 10865 (25 Fed. Reg.
1583; relating to safeguarding classified information with
industry); and
``(B) possesses a need to know under that Order.''.
[[Page S2201]]
(d) Rule of Construction.--Nothing in section 3001 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 435b), as amended by this Act, shall be construed to
require the repeal or replacement of agency appeal procedures
implementing Executive Order 12968 (60 Fed. Reg. 40245;
relating to classified national security information), or any
successor thereto, and Executive Order 10865 (25 Fed. Reg.
1583; relating to safeguarding classified information with
industry), or any successor thereto, that meet the
requirements of section 3001(b)(7) of such Act, as so
amended.
SEC. 203. REVISIONS RELATING TO THE INTELLIGENCE COMMUNITY
WHISTLEBLOWER PROTECTION ACT.
(a) In General.--Section 8H of the Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following:
``(2) If the head of an establishment determines that a
complaint or information transmitted under paragraph (1)
would create a conflict of interest for the head of the
establishment, the head of the establishment shall return the
complaint or information to the Inspector General with that
determination and the Inspector General shall make the
transmission to the Director of National Intelligence. In
such a case, the requirements of this section for the head of
the establishment apply to the recipient of the Inspector
General's transmission. The Director of National Intelligence
shall consult with the members of the appellate review board
established under section 204 of the Whistleblower Protection
Enhancement Review Act of 2011 regarding all transmissions
under this paragraph.'';
(2) by designating subsection (h) as subsection (i); and
(3) by inserting after subsection (g), the following:
``(h) An individual who has submitted a complaint or
information to an Inspector General under this section may
notify any member of Congress or congressional staff member
of the fact that such individual has made a submission to
that particular Inspector General, and of the date on which
such submission was made.''.
(b) Central Intelligence Agency.--Section 17(d)(5) of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403q) is
amended--
(1) in subparagraph (B)--
(A) by inserting ``(i)'' after ``(B)''; and
(B) by adding at the end the following:
``(ii) If the Director determines that a complaint or
information transmitted under paragraph (1) would create a
conflict of interest for the Director, the Director shall
return the complaint or information to the Inspector General
with that determination and the Inspector General shall make
the transmission to the Director of National Intelligence. In
such a case the requirements of this subsection for the
Director apply to the recipient of the Inspector General's
submission; and''; and
(2) by adding at the end the following:
``(H) An individual who has submitted a complaint or
information to the Inspector General under this section may
notify any member of Congress or congressional staff member
of the fact that such individual has made a submission to the
Inspector General, and of the date on which such submission
was made.''.
SEC. 204. REGULATIONS; REPORTING REQUIREMENTS;
NONAPPLICABILITY TO CERTAIN TERMINATIONS.
(a) Definitions.--In this section--
(1) the term ``congressional oversight committees'' means
the--
(A) the Committee on Homeland Security and Government
Affairs of the Senate;
(B) the Select Committee on Intelligence of the Senate;
(C) the Committee on Oversight and Government Reform of the
House of Representatives; and
(D) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(2) the term ``intelligence community element''--
(A) means--
(i) the Central Intelligence Agency, the Defense
Intelligence Agency, the National Geospatial-Intelligence
Agency, the National Security Agency, the Office of the
Director of National Intelligence, and the National
Reconnaissance Office; and
(ii) any executive agency or unit thereof determined by the
President under section 2302(a)(2)(C)(ii) of title 5, United
States Code, to have as its principal function the conduct of
foreign intelligence or counterintelligence activities; and
(B) does not include the Federal Bureau of Investigation.
(b) Regulations.--
(1) In general.--The Director of National Intelligence
shall prescribe regulations to ensure that a personnel action
shall not be taken against an employee of an intelligence
community element as a reprisal for any disclosure of
information described in section 2303A(b) of title 5, United
States Code, as added by this Act.
(2) Appellate review board.--Not later than 180 days after
the date of enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of Defense,
the Attorney General, and the heads of appropriate agencies,
shall establish an appellate review board that is broadly
representative of affected Departments and agencies and is
made up of individuals with expertise in merit systems
principles and national security issues--
(A) to hear whistleblower appeals related to security
clearance access determinations described in section 3001(j)
of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 435b), as added by this Act; and
(B) that shall include a subpanel that reflects the
composition of the intelligence committee, which shall be
composed of intelligence community elements and inspectors
general from intelligence community elements, for the purpose
of hearing cases that arise in elements of the intelligence
community.
(c) Report on the Status of Implementation of
Regulations.--Not later than 2 years after the date of
enactment of this Act, the Director of National Intelligence
shall submit a report on the status of the implementation of
the regulations promulgated under subsection (b) to the
congressional oversight committees.
(d) Nonapplicability to Certain Terminations.--Section
2303A of title 5, United States Code, as added by this Act,
and section 3001 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 435b), as amended by this
Act, shall not apply to adverse security clearance or access
determinations if the affected employee is concurrently
terminated under--
(1) section 1609 of title 10, United States Code;
(2) the authority of the Director of National Intelligence
under section 102A(m) of the National Security Act of 1947
(50 U.S.C. 403-1(m)), if--
(A) the Director personally summarily terminates the
individual; and
(B) the Director--
(i) determines the termination to be in the interest of the
United States;
(ii) determines that the procedures prescribed in other
provisions of law that authorize the termination of the
employment of such employee cannot be invoked in a manner
consistent with the national security; and
(iii) not later than 5 days after such termination,
notifies the congressional oversight committees of the
termination;
(3) the authority of the Director of the Central
Intelligence Agency under section 104A(e) of the National
Security Act of 1947 (50 U.S.C. 403-4a(e)), if--
(A) the Director personally summarily terminates the
individual; and
(B) the Director--
(i) determines the termination to be in the interest of the
United States;
(ii) determines that the procedures prescribed in other
provisions of law that authorize the termination of the
employment of such employee cannot be invoked in a manner
consistent with the national security; and
(iii) not later than 5 days after such termination,
notifies the congressional oversight committees of the
termination; or
(4) section 7532 of title 5, United States Code, if--
(A) the agency head personally terminates the individual;
and
(B) the agency head--
(i) determines the termination to be in the interest of the
United States;
(ii) determines that the procedures prescribed in other
provisions of law that authorize the termination of the
employment of such employee cannot be invoked in a manner
consistent with the national security; and
(iii) not later than 5 days after such termination,
notifies the congressional oversight committees of the
termination.
TITLE III--SAVINGS CLAUSE; EFFECTIVE DATE
SEC. 301. SAVINGS CLAUSE.
Nothing in this Act shall be construed to imply any
limitation on any protections afforded by any other provision
of law to employees and applicants.
SEC. 302. EFFECTIVE DATE.
This Act shall take effect 30 days after the date of
enactment of this Act.
______
By Mr. CARDIN (for himself, Mrs. Feinstein, Mr. Lieberman, and
Mr. Kerry):
S. 744. A bill to authorize certain Department of State personnel,
who are responsible for examining and processing United States passport
applications, to access relevant information in Federal, State, and
other records and databases, for the purpose of verifying the identity
of a passport applicant and detecting passport fraud, and for other
purposes; to the Committee on the Judiciary.
Mr. CARDIN. Mr. President, this weekend I know that Marylanders will
be taking advantage of Passport Day this Saturday, April 9. During
these weekend hours at our passport acceptance facilities in Maryland,
my constituents will have the ability to renew their passports or apply
for a new passport, as we get ready for the summer travel season.
When Marylanders apply for and ultimately receive their passports, I
want them to continue to have confidence that the U.S. passport is the
gold standard for identification. It certifies
[[Page S2202]]
an individual's identity and U.S. citizenship, and allows the passport
holder to travel in and out of the United States and to foreign
countries. It allows the passport holder to obtain further
identification documents, and to set up bank accounts.
The U.S. Government simply cannot allow U.S. passports to be issued
in this country on the basis of fraudulent documents. There is too much
at stake. Unfortunately, hearings that I have chaired in the last
Congress have convinced me that we have serious vulnerabilities in our
passport issuance process that need to be closed quickly.
Nearly two years ago, on May 5, 2009, I chaired a Judiciary Terrorism
Subcommittee hearing entitled ``The Passport Issuance Process: Closing
the Door to Fraud.'' During the hearing last year, we learned about a
Government Accountability Office, GAO, undercover investigation that
had been requested by Senators Kyl and Feinstein to test the
effectiveness of the passport issuance process, and to determine
whether malicious individuals such as terrorists, spies, or other
criminals could use counterfeit documents to obtain a genuine U.S.
passport. What we learned from GAO was that ``terrorists or criminals
could steal an American citizen's identity, use basic counterfeiting
skills to create fraudulent documents for that identity, and obtain a
genuine U.S. passport.'' But that 2009 GAO report was not the first
time that problems with the passport issuance process were identified.
In 2005 and 2007, GAO also brought these issues to light.
Vulnerabilities in the passport issuance process are very serious
because it can have a profound impact on the national security of the
United States.
A new GAO undercover investigation that I requested, along with
Senators Kyl, Feinstein, Lieberman and Collins, also revealed that
while some improvements have been made by the State Department, the
passport issuance process is still susceptible to fraud. A Judiciary
Terrorism Subcommittee hearing that I chaired in July of 2010 revealed
that the State Department issued five additional passports on the basis
of fraudulent identity documents that had been submitted by undercover
GAO agents.
As a result, today I am reintroducing the Passport Identity
Verification Act, or PIVA. This legislation is co-sponsored by Senators
Feinstein, Lieberman, and Kerry. It is a common-sense solution that
will give the State Department the legal authorities that it needs to
access relevant information contained in federal, state, and other
databases that can be used to verify the identity of every passport
applicant, and to detect passport fraud, without extending the time
that the State Department takes to approve passports. The legislation
also requires the State Department to promulgate regulations to limit
access to this information, and to ensure that personnel involved in
the passport issuance process only access this information for
authorized purposes. These are very important privacy and security
protections in this legislation.
The legislation also requires the Secretary of State to conduct a
formal study examining whether biometric information and technology can
be used to enhance the ability to verify the identity of a passport
applicant and to detect passport fraud.
I understand that the American people can become concerned when their
travel plans, whether for leisure or business, are linked to their
ability to obtain a passport in a timely fashion. My legislation would
not lengthen the average amount of time it takes U.S. citizens to
obtain passports. We have got to get this right, and it is not simply a
question of process, techniques, and training. We need to make sure
that the agencies that are responsible for processing passport
application documents are concerned about national security as well as
customer service, and we need to make sure they have the legal
authorities, the resources, and the technology they need to verify the
identity of a passport applicant and to detect passport fraud.
We already have much of the technology and the information to prevent
such issuance of genuine U.S. passports based on fraudulent documents
or information. The Passport Identity Verification Act will
dramatically improve the State Department's ability to detect passport
fraud, and strengthen the integrity of every American's passport.
______
By Mr. DURBIN (for himself, Mrs. Boxer, Mr. Cardin, Mr. Franken,
Mr. Harkin, Mr. Kerry, Ms. Klobuchar, Mr. Leahy, Mr. Merkley,
Ms. Mikulski, Mr. Sanders, Mrs. Shaheen, and Mr. Tester):
S. 749. A bill to establish a revenue source for fair elections
financing of Senate campaigns by providing an excise tax on amounts
paid pursuant to contracts with the United States Government; to the
Committee on Finance.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill by printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 749
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 ``Fair Elections Revenue Act
of 2011''.
SEC. 2. FAIR ELECTIONS FUND REVENUE.
(a) In General.--The Internal Revenue Code of 1986 is
amended by inserting after chapter 36 the following new
chapter:
``CHAPTER 37--TAX ON PAYMENTS PURSUANT TO CERTAIN GOVERNMENT CONTRACTS
``Sec. 4501. Imposition of tax.
``SEC. 4501. IMPOSITION OF TAX.
``(a) Tax Imposed.--There is hereby imposed on any payment
made to a qualified person pursuant to a contract with the
Government of the United States a tax equal to 0.50 percent
of the amount paid.
``(b) Limitation.--The aggregate amount of tax imposed
under subsection (a) for any calendar year shall not exceed
$500,000.
``(c) Qualified Person.--For purposes of this section, the
term `qualified person' means any person which--
``(1) is not a State or local government, a foreign nation,
or an organization described in section 501(c)(3) which is
exempt from taxation under section 501(a), and
``(2) has contracts with the Government of the United
States with a value in excess of $10,000,000.
``(d) Payment of Tax.--The tax imposed by this section
shall be paid by the person receiving such payment.
``(e) Use of Revenue Generated by Tax.--It is the sense of
the Senate that amounts equivalent to the revenue generated
by the tax imposed under this chapter should be appropriated
for the financing of a Fair Elections Fund and used for the
public financing of Senate elections.''.
(b) Conforming Amendment.--The table of chapter of the
Internal Revenue Code of 1986 is amended by inserting after
the item relating to chapter 36 the following:
``Chapter 37--Tax on Payments Pursuant to Certain Government
Contracts''.
(c) Effective Date.--The amendments made by this section
shall apply to contracts entered into after the date of the
enactment of this Act.
______
By Mr. DURBIN (for himself, Mrs. Boxer, Mr. Cardin, Mr. Franken,
Mr. Harkin, Mr. Kerry, Ms. Klobuchar, Mr. Leahy, Mr. Merkley,
Ms. Mikulski, Mr. Sanders, Mrs. Shaheen, and Mr. Tester):
S. 750. A bill to reform the financing of Senate elections, and for
other purposes; to the Committee on Rules and Administration.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 750
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 ``Fair
Elections Now Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS
Subtitle A--Fair Elections Financing Program
Sec. 101. Findings and declarations.
Sec. 102. Eligibility requirements and benefits of Fair Elections
financing of Senate election campaigns.
``TITLE V--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS
``Subtitle A--General Provisions
``Sec. 501. Definitions.
``Sec. 502. Fair Elections Fund.
``Subtitle B--Eligibility and Certification
``Sec. 511. Eligibility.
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``Sec. 512. Qualifying contribution requirement.
``Sec. 513. Contribution and expenditure requirements.
``Sec. 514. Debate requirement.
``Sec. 515. Certification.
``Subtitle C--Benefits
``Sec. 521. Benefits for participating candidates.
``Sec. 522. Allocations from the Fund.
``Sec. 523. Matching payments for qualified small dollar contributions.
``Sec. 524. Political advertising vouchers.
``Subtitle D--Administrative Provisions
``Sec. 531. Fair Elections Oversight Board.
``Sec. 532. Administration provisions.
``Sec. 533. Violations and penalties.
Sec. 103. Prohibition on joint fundraising committees.
Sec. 104. Exception to limitation on coordinated expenditures by
political party committees with participating candidates.
TITLE II--IMPROVING VOTER INFORMATION
Sec. 201. Broadcasts relating to all Senate candidates.
Sec. 202. Broadcast rates for participating candidates.
Sec. 203. FCC to prescribe standardized form for reporting candidate
campaign ads.
TITLE III--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION
Sec. 301. Petition for certiorari.
Sec. 302. Filing by Senate candidates with Commission.
Sec. 303. Electronic filing of FEC reports.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Severability.
Sec. 402. Effective date.
TITLE I--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS
Subtitle A--Fair Elections Financing Program
SEC. 101. FINDINGS AND DECLARATIONS.
(a) Undermining of Democracy by Campaign Contributions From
Private Sources.--The Senate finds and declares that the
current system of privately financed campaigns for election
to the United States Senate has the capacity, and is often
perceived by the public, to undermine democracy in the United
States by--
(1) creating a culture that fosters actual or perceived
conflicts of interest by encouraging Senators to accept large
campaign contributions from private interests that are
directly affected by Federal legislation;
(2) diminishing or appearing to diminish Senators'
accountability to constituents by compelling legislators to
be accountable to the major contributors who finance their
election campaigns;
(3) undermining the meaning of the right to vote by
allowing monied interests to have a disproportionate and
unfair influence within the political process;
(4) imposing large, unwarranted costs on taxpayers through
legislative and regulatory distortions caused by unequal
access to lawmakers for campaign contributors;
(5) making it difficult for some qualified candidates to
mount competitive Senate election campaigns;
(6) disadvantaging challengers and discouraging competitive
elections; and
(7) burdening incumbents with a preoccupation with
fundraising and thus decreasing the time available to carry
out their public responsibilities.
(b) Enhancement of Democracy by Providing Allocations From
the Fair Elections Fund.--The Senate finds and declares that
providing the option of the replacement of large private
campaign contributions with allocations from the Fair
Elections Fund for all primary, runoff, and general elections
to the Senate would enhance American democracy by--
(1) reducing the actual or perceived conflicts of interest
created by fully private financing of the election campaigns
of public officials and restoring public confidence in the
integrity and fairness of the electoral and legislative
processes through a program which allows participating
candidates to adhere to substantially lower contribution
limits for contributors with an assurance that there will be
sufficient funds for such candidates to run viable electoral
campaigns;
(2) increasing the public's confidence in the
accountability of Senators to the constituents who elect
them, which derives from the program's qualifying criteria to
participate in the voluntary program and the conclusions that
constituents may draw regarding candidates who qualify and
participate in the program;
(3) helping to reduce the ability to make large campaign
contributions as a determinant of a citizen's influence
within the political process by facilitating the expression
of support by voters at every level of wealth, encouraging
political participation, and incentivizing participation on
the part of Senators through the matching of small dollar
contributions;
(4) potentially saving taxpayers billions of dollars that
may be (or that are perceived to be) currently allocated
based upon legislative and regulatory agendas skewed by the
influence of campaign contributions;
(5) creating genuine opportunities for all Americans to run
for the Senate and encouraging more competitive elections;
(6) encouraging participation in the electoral process by
citizens of every level of wealth; and
(7) freeing Senators from the incessant preoccupation with
raising money, and allowing them more time to carry out their
public responsibilities.
SEC. 102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF FAIR
ELECTIONS FINANCING OF SENATE ELECTION
CAMPAIGNS.
The Federal Election Campaign Act of 1971 (2 U.S.C. 431 et
seq.) is amended by adding at the end the following:
``TITLE V--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS
``Subtitle A--General Provisions
``SEC. 501. DEFINITIONS.
``In this title:
``(1) Allocation from the fund.--The term `allocation from
the Fund' means an allocation of money from the Fair
Elections Fund to a participating candidate pursuant to
section 522.
``(2) Board.--The term `Board' means the Fair Elections
Oversight Board established under section 531.
``(3) Fair elections qualifying period.--The term `Fair
Elections qualifying period' means, with respect to any
candidate for Senator, the period--
``(A) beginning on the date on which the candidate files a
statement of intent under section 511(a)(1); and
``(B) ending on the date that is 30 days before--
``(i) the date of the primary election; or
``(ii) in the case of a State that does not hold a primary
election, the date prescribed by State law as the last day to
qualify for a position on the general election ballot.
``(4) Fair elections start date.--The term `Fair Elections
start date' means, with respect to any candidate, the date
that is 180 days before--
``(A) the date of the primary election; or
``(B) in the case of a State that does not hold a primary
election, the date prescribed by State law as the last day to
qualify for a position on the general election ballot.
``(5) Fund.--The term `Fund' means the Fair Elections Fund
established by section 502.
``(6) Immediate family.--The term `immediate family' means,
with respect to any candidate--
``(A) the candidate's spouse;
``(B) a child, stepchild, parent, grandparent, brother,
half-brother, sister, or half-sister of the candidate or the
candidate's spouse; and
``(C) the spouse of any person described in subparagraph
(B).
``(7) Matching contribution.--The term `matching
contribution' means a matching payment provided to a
participating candidate for qualified small dollar
contributions, as provided under section 523.
``(8) Nonparticipating candidate.--The term
`nonparticipating candidate' means a candidate for Senator
who is not a participating candidate.
``(9) Participating candidate.--The term `participating
candidate' means a candidate for Senator who is certified
under section 515 as being eligible to receive an allocation
from the Fund.
``(10) Qualifying contribution.--The term `qualifying
contribution' means, with respect to a candidate, a
contribution that--
``(A) is in an amount that is--
``(i) not less than the greater of $5 or the amount
determined by the Commission under section 531; and
``(ii) not more than the greater of $100 or the amount
determined by the Commission under section 531;
``(B) is made by an individual--
``(i) who is a resident of the State in which such
Candidate is seeking election; and
``(ii) who is not otherwise prohibited from making a
contribution under this Act;
``(C) is made during the Fair Elections qualifying period;
and
``(D) meets the requirements of section 512(b).
``(11) Qualified small dollar contribution.--The term
`qualified small dollar contribution' means, with respect to
a candidate, any contribution (or series of contributions)--
``(A) which is not a qualifying contribution (or does not
include a qualifying contribution);
``(B) which is made by an individual who is not prohibited
from making a contribution under this Act; and
``(C) the aggregate amount of which does not exceed the
greater of--
``(i) $100 per election; or
``(ii) the amount per election determined by the Commission
under section 531.
``SEC. 502. FAIR ELECTIONS FUND.
``(a) Establishment.--There is established in the Treasury
a fund to be known as the `Fair Elections Fund'.
``(b) Amounts Held by Fund.--The Fund shall consist of the
following amounts:
``(1) Appropriated amounts.--
``(A) In general.--Amounts appropriated to the Fund.
``(B) Sense of the senate regarding appropriations.--It is
the sense of the Senate that--
``(i) there should be imposed on any payment made to any
person (other than a State or local government or a foreign
nation) who has contracts with the Government of the United
States in excess of $10,000,000 a tax equal to 0.50 percent
of amount paid pursuant to such contracts, except that the
aggregate tax for any person for any taxable year shall not
exceed $500,000; and
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``(ii) the revenue from such tax should be appropriated to
the Fund.
``(2) Voluntary contributions.--Voluntary contributions to
the Fund.
``(3) Other deposits.--Amounts deposited into the Fund
under--
``(A) section 513(c) (relating to exceptions to
contribution requirements);
``(B) section 521(c) (relating to remittance of allocations
from the Fund);
``(C) section 533 (relating to violations); and
``(D) any other section of this Act.
``(4) Investment returns.--Interest on, and the proceeds
from, the sale or redemption of, any obligations held by the
Fund under subsection (c).
``(c) Investment.--The Commission shall invest portions of
the Fund in obligations of the United States in the same
manner as provided under section 9602(b) of the Internal
Revenue Code of 1986.
``(d) Use of Fund.--
``(1) In general.--The sums in the Fund shall be used to
provide benefits to participating candidates as provided in
subtitle C.
``(2) Insufficient amounts.--Under regulations established
by the Commission, rules similar to the rules of section
9006(c) of the Internal Revenue Code shall apply.
``Subtitle B--Eligibility and Certification
``SEC. 511. ELIGIBILITY.
``(a) In General.--A candidate for Senator is eligible to
receive an allocation from the Fund for any election if the
candidate meets the following requirements:
``(1) The candidate files with the Commission a statement
of intent to seek certification as a participating candidate
under this title during the period beginning on the Fair
Elections start date and ending on the last day of the Fair
Elections qualifying period.
``(2) The candidate meets the qualifying contribution
requirements of section 512.
``(3) Not later than the last day of the Fair Elections
qualifying period, the candidate files with the Commission an
affidavit signed by the candidate and the treasurer of the
candidate's principal campaign committee declaring that the
candidate--
``(A) has complied and, if certified, will comply with the
contribution and expenditure requirements of section 513;
``(B) if certified, will comply with the debate
requirements of section 514;
``(C) if certified, will not run as a nonparticipating
candidate during such year in any election for the office
that such candidate is seeking; and
``(D) has either qualified or will take steps to qualify
under State law to be on the ballot.
``(b) General Election.--Notwithstanding subsection (a), a
candidate shall not be eligible to receive an allocation from
the Fund for a general election or a general runoff election
unless the candidate's party nominated the candidate to be
placed on the ballot for the general election or the
candidate otherwise qualified to be on the ballot under State
law.
``SEC. 512. QUALIFYING CONTRIBUTION REQUIREMENT.
``(a) In General.--A candidate for Senator meets the
requirement of this section if, during the Fair Elections
qualifying period, the candidate obtains--
``(1) a number of qualifying contributions equal to the
greater of--
``(A) the sum of--
``(i) 2,000; plus
``(ii) 500 for each congressional district in the State
with respect to which the candidate is seeking election; or
``(B) the amount determined by the Commission under section
531; and
``(2) a total dollar amount of qualifying contributions
equal to the greater of--
``(A) 10 percent of the amount of the allocation such
candidate would be entitled to receive for the primary
election under section 522(c)(1) (determined without regard
to paragraph (5) thereof) if such candidate were a
participating candidate; or
``(B) the amount determined by the Commission under section
531.
``(b) Requirements Relating to Receipt of Qualifying
Contribution.--Each qualifying contribution--
``(1) may be made by means of a personal check, money
order, debit card, credit card, or electronic payment
account;
``(2) shall be accompanied by a signed statement
containing--
``(A) the contributor's name and the contributor's address
in the State in which the contributor is registered to vote;
and
``(B) an oath declaring that the contributor--
``(i) understands that the purpose of the qualifying
contribution is to show support for the candidate so that the
candidate may qualify for Fair Elections financing;
``(ii) is making the contribution in his or her own name
and from his or her own funds;
``(iii) has made the contribution willingly; and
``(iv) has not received any thing of value in return for
the contribution; and
``(3) shall be acknowledged by a receipt that is sent to
the contributor with a copy kept by the candidate for the
Commission and a copy kept by the candidate for the election
authorities in the State with respect to which the candidate
is seeking election.
``(c) Verification of Qualifying Contributions.--The
Commission shall establish procedures for the auditing and
verification of qualifying contributions to ensure that such
contributions meet the requirements of this section.
``SEC. 513. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.
``(a) General Rule.--A candidate for Senator meets the
requirements of this section if, during the election cycle of
the candidate, the candidate--
``(1) except as provided in subsection (b), accepts no
contributions other than--
``(A) qualifying contributions;
``(B) qualified small dollar contributions;
``(C) allocations from the Fund under section 522;
``(D) matching contributions under section 523; and
``(E) vouchers provided to the candidate under section 524;
``(2) makes no expenditures from any amounts other than
from--
``(A) qualifying contributions;
``(B) qualified small dollar contributions;
``(C) allocations from the Fund under section 522;
``(D) matching contributions under section 523; and
``(E) vouchers provided to the candidate under section 524;
and
``(3) makes no expenditures from personal funds or the
funds of any immediate family member (other than funds
received through qualified small dollar contributions and
qualifying contributions).
For purposes of this subsection, a payment made by a
political party in coordination with a participating
candidate shall not be treated as a contribution to or as an
expenditure made by the participating candidate.
``(b) Contributions for Leadership PACs, etc.--A political
committee of a participating candidate which is not an
authorized committee of such candidate may accept
contributions other than contributions described in
subsection (a)(1) from any person if--
``(1) the aggregate contributions from such person for any
calendar year do not exceed $100; and
``(2) no portion of such contributions is disbursed in
connection with the campaign of the participating candidate.
``(c) Exception.--Notwithstanding subsection (a), a
candidate shall not be treated as having failed to meet the
requirements of this section if any contributions that are
not qualified small dollar contributions, qualifying
contributions, or contributions that meet the requirements of
subsection (b) and that are accepted before the date the
candidate files a statement of intent under section 511(a)(1)
are--
``(1) returned to the contributor; or
``(2) submitted to the Commission for deposit in the Fund.
``SEC. 514. DEBATE REQUIREMENT.
``A candidate for Senator meets the requirements of this
section if the candidate participates in at least--
``(1) 1 public debate before the primary election with
other participating candidates and other willing candidates
from the same party and seeking the same nomination as such
candidate; and
``(2) 2 public debates before the general election with
other participating candidates and other willing candidates
seeking the same office as such candidate.
``SEC. 515. CERTIFICATION.
``(a) In General.--Not later than 5 days after a candidate
for Senator files an affidavit under section 511(a)(3), the
Commission shall--
``(1) certify whether or not the candidate is a
participating candidate; and
``(2) notify the candidate of the Commission's
determination.
``(b) Revocation of Certification.--
``(1) In general.--The Commission may revoke a
certification under subsection (a) if--
``(A) a candidate fails to qualify to appear on the ballot
at any time after the date of certification; or
``(B) a candidate otherwise fails to comply with the
requirements of this title, including any regulatory
requirements prescribed by the Commission.
``(2) Repayment of benefits.--If certification is revoked
under paragraph (1), the candidate shall repay to the Fund an
amount equal to the value of benefits received under this
title plus interest (at a rate determined by the Commission)
on any such amount received.
``Subtitle C--Benefits
``SEC. 521. BENEFITS FOR PARTICIPATING CANDIDATES.
``(a) In General.--For each election with respect to which
a candidate is certified as a participating candidate, such
candidate shall be entitled to--
``(1) an allocation from the Fund to make or obligate to
make expenditures with respect to such election, as provided
in section 522;
``(2) matching contributions, as provided in section 523;
and
``(3) for the general election, vouchers for broadcasts of
political advertisements, as provided in section 524.
``(b) Restriction on Uses of Allocations From the Fund.--
Allocations from the Fund received by a participating
candidate under sections 522 and matching contributions under
section 523 may only be used for campaign-related costs.
``(c) Remitting Allocations From the Fund.--
``(1) In general.--Not later than the date that is 45 days
after an election in which the participating candidate
appeared on the ballot, such participating candidate shall
remit
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to the Commission for deposit in the Fund an amount equal to
the lesser of--
``(A) the amount of money in the candidate's campaign
account; or
``(B) the sum of the allocations from the Fund received by
the candidate under section 522 and the matching
contributions received by the candidate under section 523.
``(2) Exception.--In the case of a candidate who qualifies
to be on the ballot for a primary runoff election, a general
election, or a general runoff election, the amounts described
in paragraph (1) may be retained by the candidate and used in
such subsequent election.
``SEC. 522. ALLOCATIONS FROM THE FUND.
``(a) In General.--The Commission shall make allocations
from the Fund under section 521(a)(1) to a participating
candidate--
``(1) in the case of amounts provided under subsection
(c)(1), not later than 48 hours after the date on which such
candidate is certified as a participating candidate under
section 515;
``(2) in the case of a general election, not later than 48
hours after--
``(A) the date of the certification of the results of the
primary election or the primary runoff election; or
``(B) in any case in which there is no primary election,
the date the candidate qualifies to be placed on the ballot;
and
``(3) in the case of a primary runoff election or a general
runoff election, not later than 48 hours after the
certification of the results of the primary election or the
general election, as the case may be.
``(b) Method of Payment.--The Commission shall distribute
funds available to participating candidates under this
section through the use of an electronic funds exchange or a
debit card.
``(c) Amounts.--
``(1) Primary election allocation; initial allocation.--
Except as provided in paragraph (5), the Commission shall
make an allocation from the Fund for a primary election to a
participating candidate in an amount equal to 67 percent of
the base amount with respect to such participating candidate.
``(2) Primary runoff election allocation.--The Commission
shall make an allocation from the Fund for a primary runoff
election to a participating candidate in an amount equal to
25 percent of the amount the participating candidate was
eligible to receive under this section for the primary
election.
``(3) General election allocation.--Except as provided in
paragraph (5), the Commission shall make an allocation from
the Fund for a general election to a participating candidate
in an amount equal to the base amount with respect to such
candidate.
``(4) General runoff election allocation.--The Commission
shall make an allocation from the Fund for a general runoff
election to a participating candidate in an amount equal to
25 percent of the base amount with respect to such candidate.
``(5) Uncontested elections.--
``(A) In general.--In the case of a primary or general
election that is an uncontested election, the Commission
shall make an allocation from the Fund to a participating
candidate for such election in an amount equal to 25 percent
of the allocation which such candidate would be entitled to
under this section for such election if this paragraph did
not apply.
``(B) Uncontested election defined.--For purposes of this
subparagraph, an election is uncontested if not more than 1
candidate has campaign funds (including payments from the
Fund) in an amount equal to or greater than 10 percent of the
allocation a participating candidate would be entitled to
receive under this section for such election if this
paragraph did not apply.
``(d) Base Amount.--
``(1) In general.--Except as otherwise provided in this
subsection, the base amount for any candidate is an amount
equal to the greater of--
``(A) the sum of--
``(i) $750,000; plus
``(ii) $150,000 for each congressional district in the
State with respect to which the candidate is seeking
election; or
``(B) the amount determined by the Commission under section
531.
``(2) Indexing.--In each even-numbered year after 2013--
``(A) each dollar amount under paragraph (1)(A) shall be
increased by the percent difference between the price index
(as defined in section 315(c)(2)(A)) for the 12 months
preceding the beginning of such calendar year and the price
index for calendar year 2012;
``(B) each dollar amount so increased shall remain in
effect for the 2-year period beginning on the first day
following the date of the last general election in the year
preceding the year in which the amount is increased and
ending on the date of the next general election; and
``(C) if any amount after adjustment under subparagraph (A)
is not a multiple of $100, such amount shall be rounded to
the nearest multiple of $100.
``SEC. 523. MATCHING PAYMENTS FOR QUALIFIED SMALL DOLLAR
CONTRIBUTIONS.
``(a) In General.--The Commission shall pay to each
participating candidate an amount equal to 500 percent of the
amount of qualified small dollar contributions received by
the candidate from individuals who are residents of the State
in which such participating candidate is seeking election
after the date on which such candidate is certified under
section 515.
``(b) Limitation.--The aggregate payments under subsection
(a) with respect to any candidate shall not exceed the
greater of--
``(1) 300 percent of the allocation such candidate is
entitled to receive for such election under section 522
(determined without regard to subsection (c)(5) thereof); or
``(2) the percentage of such allocation determined by the
Commission under section 531.
``(c) Time of Payment.--The Commission shall make payments
under this section not later than 2 business days after the
receipt of a report made under subsection (d).
``(d) Reports.--
``(1) In general.--Each participating candidate shall file
reports of receipts of qualified small dollar contributions
at such times and in such manner as the Commission may by
regulations prescribe.
``(2) Contents of reports.--Each report under this
subsection shall disclose--
``(A) the amount of each qualified small dollar
contribution received by the candidate;
``(B) the amount of each qualified small dollar
contribution received by the candidate from a resident of the
State in which the candidate is seeking election; and
``(C) the name, address, and occupation of each individual
who made a qualified small dollar contribution to the
candidate.
``(3) Frequency of reports.--Reports under this subsection
shall be made no more frequently than--
``(A) once every month until the date that is 90 days
before the date of the election;
``(B) once every week after the period described in
subparagraph (A) and until the date that is 21 days before
the election; and
``(C) once every day after the period described in
subparagraph (B).
``(4) Limitation on regulations.--The Commission may not
prescribe any regulations with respect to reporting under
this subsection with respect to any election after the date
that is 180 days before the date of such election.
``(e) Appeals.--The Commission shall provide a written
explanation with respect to any denial of any payment under
this section and shall provide the opportunity for review and
reconsideration within 5 business days of such denial.
``SEC. 524. POLITICAL ADVERTISING VOUCHERS.
``(a) In General.--The Commission shall establish and
administer a voucher program for the purchase of airtime on
broadcasting stations for political advertisements in
accordance with the provisions of this section.
``(b) Candidates.--The Commission shall only disburse
vouchers under the program established under subsection (a)
to participants certified pursuant to section 515 who have
agreed in writing to keep and furnish to the Commission such
records, books, and other information as it may require.
``(c) Amounts.--The Commission shall disburse vouchers to
each candidate certified under subsection (b) in an aggregate
amount equal to the greater of--
``(1) $100,000 multiplied by the number of congressional
districts in the State with respect to which such candidate
is running for office; or
``(2) the amount determined by the Commission under section
531.
``(d) Use.--
``(1) Exclusive use.--Vouchers disbursed by the Commission
under this section may be used only for the purchase of
broadcast airtime for political advertisements relating to a
general election for the office of Senate by the
participating candidate to which the vouchers were disbursed,
except that--
``(A) a candidate may exchange vouchers with a political
party under paragraph (2); and
``(B) a political party may use vouchers only to purchase
broadcast airtime for political advertisements for generic
party advertising (as defined by the Commission in
regulations), to support candidates for State or local office
in a general election, or to support participating candidates
of the party in a general election for Federal office, but
only if it discloses the value of the voucher used as an
expenditure under section 315(d).
``(2) Exchange with political party committee.--
``(A) In general.--A participating candidate who receives a
voucher under this section may transfer the right to use all
or a portion of the value of the voucher to a committee of
the political party of which the individual is a candidate
(or, in the case of a participating candidate who is not a
member of any political party, to a committee of the
political party of that candidate's choice) in exchange for
money in an amount equal to the cash value of the voucher or
portion exchanged.
``(B) Continuation of candidate obligations.--The transfer
of a voucher, in whole or in part, to a political party
committee under this paragraph does not release the candidate
from any obligation under the agreement made under subsection
(b) or otherwise modify that agreement or its application to
that candidate.
``(C) Party committee obligations.--Any political party
committee to which a voucher or portion thereof is
transferred under subparagraph (A)--
``(i) shall account fully, in accordance with such
requirements as the Commission may establish, for the receipt
of the voucher; and
``(ii) may not use the transferred voucher or portion
thereof for any purpose other than a purpose described in
paragraph (1)(B).
[[Page S2206]]
``(D) Voucher as a contribution under feca.--If a candidate
transfers a voucher or any portion thereof to a political
party committee under subparagraph (A)--
``(i) the value of the voucher or portion thereof
transferred shall be treated as a contribution from the
candidate to the committee, and from the committee to the
candidate, for purposes of sections 302 and 304;
``(ii) the committee may, in exchange, provide to the
candidate only funds subject to the prohibitions,
limitations, and reporting requirements of title III of this
Act; and
``(iii) the amount, if identified as a `voucher exchange',
shall not be considered a contribution for the purposes of
sections 315 and 513.
``(e) Value; Acceptance; Redemption.--
``(1) Voucher.--Each voucher disbursed by the Commission
under this section shall have a value in dollars, redeemable
upon presentation to the Commission, together with such
documentation and other information as the Commission may
require, for the purchase of broadcast airtime for political
advertisements in accordance with this section.
``(2) Acceptance.--A broadcasting station shall accept
vouchers in payment for the purchase of broadcast airtime for
political advertisements in accordance with this section.
``(3) Redemption.--The Commission shall redeem vouchers
accepted by broadcasting stations under paragraph (2) upon
presentation, subject to such documentation, verification,
accounting, and application requirements as the Commission
may impose to ensure the accuracy and integrity of the
voucher redemption system.
``(4) Expiration.--
``(A) Candidates.--A voucher may only be used to pay for
broadcast airtime for political advertisements to be
broadcast before midnight on the day before the date of the
Federal election in connection with which it was issued and
shall be null and void for any other use or purpose.
``(B) Exception for political party committees.--A voucher
held by a political party committee may be used to pay for
broadcast airtime for political advertisements to be
broadcast before midnight on December 31st of the odd-
numbered year following the year in which the voucher was
issued by the Commission.
``(5) Voucher as expenditure under feca.--The use of a
voucher to purchase broadcast airtime constitutes an
expenditure as defined in section 301(9)(A).
``(f) Definitions.--In this section:
``(1) Broadcasting station.--The term `broadcasting
station' has the meaning given that term by section 315(f)(1)
of the Communications Act of 1934.
``(2) Political party.--The term `political party' means a
major party or a minor party as defined in section 9002(3) or
(4) of the Internal Revenue Code of 1986 (26 U.S.C. 9002 (3)
or (4)).
``Subtitle D--Administrative Provisions
``SEC. 531. FAIR ELECTIONS OVERSIGHT BOARD.
``(a) Establishment.--There is established within the
Federal Election Commission an entity to be known as the
`Fair Elections Oversight Board'.
``(b) Structure and Membership.--
``(1) In general.--The Board shall be composed of 5 members
appointed by the President by and with the advice and consent
of the Senate, of whom--
``(A) 2 shall be appointed after consultation with the
majority leader of the Senate;
``(B) 2 shall be appointed after consultation with the
minority leader of the Senate; and
``(C) 1 shall be appointed upon the recommendation of the
members appointed under subparagraphs (A) and (B).
``(2) Qualifications.--
``(A) In general.--The members shall be individuals who are
nonpartisan and, by reason of their education, experience,
and attainments, exceptionally qualified to perform the
duties of members of the Board.
``(B) Prohibition.--No member of the Board may be--
``(i) an employee of the Federal Government;
``(ii) a registered lobbyist; or
``(iii) an officer or employee of a political party or
political campaign.
``(3) Date.--Members of the Board shall be appointed not
later than 60 days after the date of the enactment of this
Act.
``(4) Terms.--A member of the Board shall be appointed for
a term of 5 years.
``(5) Vacancies.--A vacancy on the Board shall be filled
not later than 30 calendar days after the date on which the
Board is given notice of the vacancy, in the same manner as
the original appointment. The individual appointed to fill
the vacancy shall serve only for the unexpired portion of the
term for which the individual's predecessor was appointed.
``(6) Chairperson.--The Board shall designate a Chairperson
from among the members of the Board.
``(c) Duties and Powers.--
``(1) Administration.--
``(A) In general.--The Board shall have such duties and
powers as the Commission may prescribe, including the power
to administer the provisions of this title.
``(2) Review of fair elections financing.--
``(A) In general.--After each general election for Federal
office, the Board shall conduct a comprehensive review of the
Fair Elections financing program under this title,
including--
``(i) the maximum dollar amount of qualified small dollar
contributions under section 501(11);
``(ii) the maximum and minimum dollar amounts for
qualifying contributions under section 501(10);
``(iii) the number and value of qualifying contributions a
candidate is required to obtain under section 512 to qualify
for allocations from the Fund;
``(iv) the amount of allocations from the Fund that
candidates may receive under section 522;
``(v) the maximum amount of matching contributions a
candidate may receive under section 523;
``(vi) the amount and usage of vouchers under section 524;
``(vii) the overall satisfaction of participating
candidates and the American public with the program; and
``(viii) such other matters relating to financing of Senate
campaigns as the Board determines are appropriate.
``(B) Criteria for review.--In conducting the review under
subparagraph (A), the Board shall consider the following:
``(i) Qualifying contributions and qualified small dollar
contributions.--The Board shall consider whether the number
and dollar amount of qualifying contributions required and
maximum dollar amount for such qualifying contributions and
qualified small dollar contributions strikes a balance
regarding the importance of voter involvement, the need to
assure adequate incentives for participating, and fiscal
responsibility, taking into consideration the number of
primary and general election participating candidates, the
electoral performance of those candidates, program cost, and
any other information the Board determines is appropriate.
``(ii) Review of program benefits.--The Board shall
consider whether the totality of the amount of funds allowed
to be raised by participating candidates (including through
qualifying contributions and small dollar contributions),
allocations from the Fund under sections 522, matching
contributions under section 523, and vouchers under section
524 are sufficient for voters in each State to learn about
the candidates to cast an informed vote, taking into account
the historic amount of spending by winning candidates, media
costs, primary election dates, and any other information the
Board determines is appropriate.
``(C) Adjustment of amounts.--
``(i) In general.--Based on the review conducted under
subparagraph (A), the Board shall provide for the adjustments
of the following amounts:
``(I) the maximum dollar amount of qualified small dollar
contributions under section 501(11)(C);
``(II) the maximum and minimum dollar amounts for
qualifying contributions under section 501(10)(A);
``(III) the number and value of qualifying contributions a
candidate is required to obtain under section 512(a)(1);
``(IV) the base amount for candidates under section 522(d);
``(V) the maximum amount of matching contributions a
candidate may receive under section 523(b); and
``(VI) the dollar amount for vouchers under section 524(c).
``(ii) Regulations.--The Commission shall promulgate
regulations providing for the adjustments made by the Board
under clause (i).
``(D) Report.--Not later than March 30 following any
general election for Federal office, the Board shall submit a
report to Congress on the review conducted under paragraph
(1). Such report shall contain a detailed statement of the
findings, conclusions, and recommendations of the Board based
on such review.
``(d) Meetings and Hearings.--
``(1) Meetings.--The Board may hold such hearings, sit and
act at such times and places, take such testimony, and
receive such evidence as the Board considers advisable to
carry out the purposes of this Act.
``(2) Quorum.--Three members of the Board shall constitute
a quorum for purposes of voting, but a quorum is not required
for members to meet and hold hearings.
``(e) Reports.--Not later than March 30, 2012, and every 2
years thereafter, the Board shall submit to the Senate
Committee on Rules and Administration a report documenting,
evaluating, and making recommendations relating to the
administrative implementation and enforcement of the
provisions of this title.
``(f) Administration.--
``(1) Compensation of members.--
``(A) In general.--Each member, other than the Chairperson,
shall be paid at a rate equal to the daily equivalent of the
minimum annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code.
``(B) Chairperson.--The Chairperson shall be paid at a rate
equal to the daily equivalent of the minimum annual rate of
basic pay prescribed for level III of the Executive Schedule
under section 5314 of title 5, United States Code.
``(2) Personnel.--
``(A) Director.--The Board shall have a staff headed by an
Executive Director. The Executive Director shall be paid at a
rate equivalent to a rate established for the Senior
Executive Service under section 5382 of title 5, United
States Code.
[[Page S2207]]
``(B) Staff appointment.--With the approval of the
Chairperson, the Executive Director may appoint such
personnel as the Executive Director and the Board determines
to be appropriate.
``(C) Actuarial experts and consultants.--With the approval
of the Chairperson, the Executive Director may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
``(D) Detail of government employees.--Upon the request of
the Chairperson, the head of any Federal agency may detail,
without reimbursement, any of the personnel of such agency to
the Board to assist in carrying out the duties of the Board.
Any such detail shall not interrupt or otherwise affect the
civil service status or privileges of the Federal employee.
``(E) Other resources.--The Board shall have reasonable
access to materials, resources, statistical data, and other
information from the Library of Congress and other agencies
of the executive and legislative branches of the Federal
Government. The Chairperson of the Board shall make requests
for such access in writing when necessary.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out the purposes of this subtitle.
``SEC. 532. ADMINISTRATION PROVISIONS.
``The Commission shall prescribe regulations to carry out
the purposes of this title, including regulations--
``(1) to establish procedures for--
``(A) verifying the amount of valid qualifying
contributions with respect to a candidate;
``(B) effectively and efficiently monitoring and enforcing
the limits on the raising of qualified small dollar
contributions;
``(C) effectively and efficiently monitoring and enforcing
the limits on the use of personal funds by participating
candidates;
``(D) monitoring the use of allocations from the Fund and
matching contributions under this title through audits or
other mechanisms; and
``(E) the administration of the voucher program under
section 524; and
``(2) regarding the conduct of debates in a manner
consistent with the best practices of States that provide
public financing for elections.
``SEC. 533. VIOLATIONS AND PENALTIES.
``(a) Civil Penalty for Violation of Contribution and
Expenditure Requirements.--If a candidate who has been
certified as a participating candidate under section 515(a)
accepts a contribution or makes an expenditure that is
prohibited under section 513, the Commission shall assess a
civil penalty against the candidate in an amount that is not
more than 3 times the amount of the contribution or
expenditure. Any amounts collected under this subsection
shall be deposited into the Fund.
``(b) Repayment for Improper Use of Fair Elections Fund.--
``(1) In general.--If the Commission determines that any
benefit made available to a participating candidate under
this title was not used as provided for in this title or that
a participating candidate has violated any of the dates for
remission of funds contained in this title, the Commission
shall so notify the candidate and the candidate shall pay to
the Fund an amount equal to--
``(A) the amount of benefits so used or not remitted, as
appropriate; and
``(B) interest on any such amounts (at a rate determined by
the Commission).
``(2) Other action not precluded.--Any action by the
Commission in accordance with this subsection shall not
preclude enforcement proceedings by the Commission in
accordance with section 309(a), including a referral by the
Commission to the Attorney General in the case of an apparent
knowing and willful violation of this title.''.
SEC. 103. PROHIBITION ON JOINT FUNDRAISING COMMITTEES.
Section 302(e) of the Federal Election Campaign Act of 1971
(2 U.S.C. 432(e)) is amended by adding at the end the
following new paragraph:
``(6) No authorized committee of a participating candidate
(as defined in section 501) may establish a joint fundraising
committee with a political committee other than an authorized
committee of a candidate.''.
SEC. 104. EXCEPTION TO LIMITATION ON COORDINATED EXPENDITURES
BY POLITICAL PARTY COMMITTEES WITH
PARTICIPATING CANDIDATES.
Section 315(d) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(d)) is amended--
(1) in paragraph (3)(A), by striking ``in the case of'' and
inserting ``except as provided in paragraph (5), in the case
of'' and
(2) by adding at the end the following new paragraph:
``(5)(A) The limitation under paragraph (3)(A) shall not
apply with respect to any expenditure from a qualified
political party-participating candidate coordinated
expenditure fund.
``(B) In this paragraph, the term `qualified political
party-participating candidate coordinated expenditure fund'
means a fund established by the national committee of a
political party, or a State committee of a political party,
including any subordinate committee of a State committee, for
purposes of making expenditures in connection with the
general election campaign of a candidate for election to the
office of Senator who is a participating candidate (as
defined in section 501), that only accepts qualified
coordinated expenditure contributions.
``(C) In this paragraph, the term `qualified coordinated
expenditure contribution' means, with respect to the general
election campaign of a candidate for election to the office
of Senator who is a participating candidate (as defined in
section 501), any contribution (or series of contributions)--
``(i) which is made by an individual who is not prohibited
from making a contribution under this Act; and
``(ii) the aggregate amount of which does not exceed $500
per election.''.
TITLE II--IMPROVING VOTER INFORMATION
SEC. 201. BROADCASTS RELATING TO ALL SENATE CANDIDATES.
(a) Lowest Unit Charge; National Committees.--Section
315(b) of the Communications Act of 1934 (47 U.S.C. 315(b))
is amended--
(1) by striking ``to such office'' in paragraph (1) and
inserting ``to such office, or by a national committee of a
political party on behalf of such candidate in connection
with such campaign,''; and
(2) by inserting ``for pre-emptible use thereof'' after
``station'' in subparagraph (A) of paragraph (1).
(b) Preemption; Audits.--Section 315 of such Act (47 U.S.C.
315) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively and moving them to follow the
existing subsection (e);
(2) by redesignating the existing subsection (e) as
subsection (c); and
(3) by inserting after subsection (c) (as redesignated by
paragraph (2)) the following:
``(d) Preemption.--
``(1) In general.--Except as provided in paragraph (2), and
notwithstanding the requirements of subsection (b)(1)(A), a
licensee shall not preempt the use of a broadcasting station
by a legally qualified candidate for Senate who has purchased
and paid for such use.
``(2) Circumstances beyond control of licensee.--If a
program to be broadcast by a broadcasting station is
preempted because of circumstances beyond the control of the
station, any candidate or party advertising spot scheduled to
be broadcast during that program shall be treated in the same
fashion as a comparable commercial advertising spot.
``(e) Audits.--During the 30-day period preceding a primary
election and the 60-day period preceding a general election,
the Commission shall conduct such audits as it deems
necessary to ensure that each broadcaster to which this
section applies is allocating television broadcast
advertising time in accordance with this section and section
312.''.
(c) Revocation of License for Failure To Permit Access.--
Section 312(a)(7) of the Communications Act of 1934 (47
U.S.C. 312(a)(7)) is amended--
(1) by striking ``or repeated'';
(2) by inserting ``or cable system'' after ``broadcasting
station''; and
(3) by striking ``his candidacy'' and inserting ``the
candidacy of the candidate, under the same terms, conditions,
and business practices as apply to the most favored
advertiser of the licensee''.
(d) Stylistic Amendments.--Section 315 of such Act (47
U.S.C. 315) is amended--
(1) by striking ``the'' in subsection (e)(1), as
redesignated by subsection (b)(1), and inserting
``Broadcasting station.--'';
(2) by striking ``the'' in subsection (e)(2), as
redesignated by subsection (b)(1), and inserting ``Licensee;
station licensee.--''; and
(3) by inserting ``Regulations.--'' in subsection (f), as
redesignated by subsection (b)(1), before ``The Commission''.
SEC. 202. BROADCAST RATES FOR PARTICIPATING CANDIDATES.
Section 315(b) of the Communications Act of 1934 (47 U.S.C.
315(b)), as amended by subsection (a), is amended--
(1) in paragraph (1)(A), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following:
``(3) Participating candidates.--In the case of a
participating candidate (as defined under section 501(9) of
the Federal Election Campaign Act of 1971), the charges made
for the use of any broadcasting station for a television
broadcast shall not exceed 80 percent of the lowest charge
described in paragraph (1)(A) during--
``(A) the 45 days preceding the date of a primary or
primary runoff election in which the candidate is opposed;
and
``(B) the 60 days preceding the date of a general or
special election in which the candidate is opposed.
``(4) Rate cards.--A licensee shall provide to a candidate
for Senate a rate card that discloses--
``(A) the rate charged under this subsection; and
``(B) the method that the licensee uses to determine the
rate charged under this subsection.''.
SEC. 203. FCC TO PRESCRIBE STANDARDIZED FORM FOR REPORTING
CANDIDATE CAMPAIGN ADS.
(a) In General.--Within 90 days after the date of enactment
of this Act, the Federal Communications Commission shall
initiate a rulemaking proceeding to establish a standardized
form to be used by broadcasting stations, as defined in
section 315(f)(1) of the Communications Act of 1934 (47
U.S.C. 315(f)(1)), to record and report the purchase
[[Page S2208]]
of advertising time by or on behalf of a candidate for
nomination for election, or for election, to Federal elective
office.
(b) Contents.--The form prescribed by the Commission under
subsection (a) shall require, broadcasting stations to report
to the Commission and to the Federal Election Commission, at
a minimum--
(1) the station call letters and mailing address;
(2) the name and telephone number of the station's sales
manager (or individual with responsibility for advertising
sales);
(3) the name of the candidate who purchased the advertising
time, or on whose behalf the advertising time was purchased,
and the Federal elective office for which he or she is a
candidate;
(4) the name, mailing address, and telephone number of the
person responsible for purchasing broadcast political
advertising for the candidate;
(5) notation as to whether the purchase agreement for which
the information is being reported is a draft or final
version; and
(6) the following information about the advertisement:
(A) The date and time of the broadcast.
(B) The program in which the advertisement was broadcast.
(C) The length of the broadcast airtime.
(c) Internet Access.--In its rulemaking under subsection
(a), the Commission shall require any broadcasting station
required to file a report under this section that maintains
an Internet website to make available a link to such reports
on that website.
TITLE III--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION
SEC. 301. PETITION FOR CERTIORARI.
Section 307(a)(6) of the Federal Election Campaign Act of
1971 (2 U.S.C. 437d(a)(6)) is amended by inserting
``(including a proceeding before the Supreme Court on
certiorari)'' after ``appeal''.
SEC. 302. FILING BY SENATE CANDIDATES WITH COMMISSION.
Section 302(g) of the Federal Election Campaign Act of 1971
(2 U.S.C. 432(g)) is amended to read as follows:
``(g) Filing With the Commission.--All designations,
statements, and reports required to be filed under this Act
shall be filed with the Commission.''.
SEC. 303. ELECTRONIC FILING OF FEC REPORTS.
Section 304(a)(11) of the Federal Election Campaign Act of
1971 (2 U.S.C. 434(a)(11)) is amended--
(1) in subparagraph (A), by striking ``under this Act--''
and all that follows and inserting ``under this Act shall be
required to maintain and file such designation, statement, or
report in electronic form accessible by computers.'';
(2) in subparagraph (B), by striking ``48 hours'' and all
that follows through ``filed electronically)'' and inserting
``24 hours''; and
(3) by striking subparagraph (D).
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. SEVERABILITY.
If any provision of this Act or amendment made by this Act,
or the application of a provision or amendment to any person
or circumstance, is held to be unconstitutional, the
remainder of this Act and amendments made by this Act, and
the application of the provisions and amendment to any person
or circumstance, shall not be affected by the holding.
SEC. 402. EFFECTIVE DATE.
Except as otherwise provided for in this Act, this Act and
the amendments made by this Act shall take effect on January
1, 2012.
______
By Mrs. FEINSTEIN (for herself, Mr. Isakson, and Mr. Kerry):
S. 752. A bill to establish a comprehensive interagency response to
reduce lung cancer mortality in a timely manner; to the Committee on
Health, Education, Labor, and Pensions.
Mrs. FEINSTEIN. Mr. President, I rise to call for a new effort to
combat an often deadly form of cancer--by re-introducing the Lung
Cancer Mortality Reduction Act. I am pleased to be joined by my
cosponsors, Senator Isakson and Senator Kerry on this very important
bill.
This bill will renew and improve Federal government's efforts to
combat lung cancer. It will: set a goal to reduce lung cancer mortality
by 50 percent by 2020; establish a Lung Cancer Mortality Reduction
Program, with comprehensive interagency coordination, to develop and
implement a plan to meet this goal; improve disparity programs to
ensure that the burdens of lung cancer on minority populations are
addressed; create a computed tomography screening demonstration project
based on recent science; and establish a Lung Cancer Advisory Board,
which will provide an annual report to Congress on the progress of the
Mortality Reduction Program.
We have made great strides against many types of cancer in the last
several decades. However, these gains are uneven.
When the National Cancer Act was passed in 1971, lung cancer had a 5-
year survival rate of only 12 percent. After decades of research
efforts and scientific advances, this survival rate remains only 15
percent.
In contrast, the 5 year survival rates of breast, prostate, and colon
cancer have risen to 89, 99 and 65 percent respectively.
Lung cancer is the leading cause of cancer death for both men and
women, accounting for 28 percent of all cancer deaths.
Lung cancer causes more deaths annually than: colon cancer, breast
cancer, prostate cancer, and pancreatic cancer combined.
A National Cancer Institute study in 2009 indicated that the value of
life lost to lung cancer will exceed $433 billion annually by 2020.
A four percent annual decline in mortality would reduce this amount
by more than half.
A lung cancer diagnosis can be devastating. The average life
expectancy following a lung cancer diagnosis is only 9 months.
This is because far too many patients are not diagnosed with lung
cancer until it has progressed to the later stages. Lung cancer can be
hard to diagnose, and symptoms may at first appear to be other
illnesses, such as bronchitis, chronic obstructive pulmonary disease,
or asthma.
As a result, only 16 percent of lung cancer patients are diagnosed
when their cancer is still localized, and is the most treatable.
When I introduced this legislation in 2009, lung cancer lacked early
detection technology, to find the cancer when it was most treatable.
Now, however, preliminary results show a screening method with a
demonstrated reduction in mortality for lung cancer.
In 2010, the National Cancer Institute released initial results from
the National Lung Screening Trial, a large-scale study of screening
methods to detect lung cancers at earlier stages.
The National Lung Screening Trial found a 20 percent reduction in
lung cancer mortality among participants screened with the computed
tomography screening versus a traditional X-ray.
This is the first time that researchers have seen evidence of a
significant reduction in lung cancer mortality with a screening test.
This is why this legislation also includes the creation of a computed
tomography screening demonstration project, to assess public health
needs of screening for lung cancer, and develop the most effective,
safe, equitable, and efficient process to maximize the benefit of
screening.
Efforts to fight lung cancer lag behind other cancers, in part, due
to stigma from smoking. Make no mistake, tobacco use causes the
majority of lung cancer cases.
Tobacco cessation is a critical component of reducing lung cancer
mortality. Less smoking means less lung cancer. Period.
But tobacco use does not fully explain lung cancer. Approximately 20
percent of lung cancer patients never smoked.
Two-thirds of individuals diagnosed with lung cancer who have never
smoked are women.
60 percent of lung cancer patients are former smokers who quit, often
decades ago.
These patients may have been exposed to second hand smoke, or they
may have been exposed to radon, asbestos, chromium, or other chemicals.
There could be other causes and associations that have not yet been
discovered, genetic predispositions or other environmental exposures.
The President's National Cancer Advisory Board Report of 2010
identified radon as the second leading cause of lung cancer after
smoking and listed 15 other environmental contaminants strongly
associated with lung cancer.
I believe that we have the expertise and technology to make serious
progress against this deadly cancer, and to reach the goal of halving
lung cancer mortality by 2020.
We need this legislation to ensure that our government's resources
are focused on this mission in the most efficient way possible.
Agency efforts must be coordinated, and all sectors of the federal
government that may have some ideas to lend should be participating.
That is what the Lung Cancer Mortality Reduction Program will
accomplish.
In this bill the Secretary of Health and Human Services is tasked to
work
[[Page S2209]]
in consultation with Secretaries and Directors from the Department of
Defense, Veterans Affairs, the National Institutes of Health, the
Centers for Disease Control and Prevention, and Food and Drug
Administration, the Centers for Medicare and Medicaid, and the National
Center on Minority Health and Health Disparities.
This means that each agency with an expertise on lungs, imaging, and
cancer will be included in this long overdue process.
We can do better for Americans diagnosed with lung cancer. I ask my
colleagues to support this legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 752
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 ``Lung Cancer Mortality
Reduction Act of 2011''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Lung cancer is the leading cause of cancer death for
both men and women, accounting for 28 percent of all cancer
deaths.
(2) The National Cancer Institute estimates that in 2010,
there were 222,520 new diagnosis of lung cancer and 157,300
deaths attributed to the disease.
(3) According to projections published in the Journal of
Clinical Oncology in 2009, between 2010 and 2030, the
incidence of lung cancer will increase by 46 percent for
women and by 58 percent for men. The increase in the
incidence of lung cancer among minority communities during
that time period will range from 74 percent to 191 percent.
(4) Lung cancer causes more deaths annually than the next 4
leading causes of cancer deaths, colon cancer, breast cancer,
prostate cancer, and pancreatic cancer, combined.
(5) The 5-year survival rate for lung cancer is only 15
percent, while the 5-year survival rate for breast cancer is
89 percent, for prostate cancer 99 percent, and for colon
cancer 65 percent. Yet in research dollars per death, lung
cancer is the least funded of the major cancers.
(6) In 2001, the Lung Cancer Progress Review Group of the
National Cancer Institute stated that funding for lung cancer
research was ``far below the levels characterized for other
common malignancies and far out of proportion to its massive
health impact'' and it gave the ``highest priority'' to the
creation of an integrated multidisciplinary, multi-
institutional research program. No comprehensive plan has
been developed.
(7) While smoking is the leading risk factor for lung
cancer, the President's National Cancer Advisory Board Report
of 2010 identified radon as the second leading cause of lung
cancer and listed 15 other environmental contaminants
strongly association with lung cancer, and there is
accumulating evidence that hormonal and genetic factors may
influence the onset.
(8) Lung cancer is the most stigmatized of all the cancers
and the only cancer blamed on patients, whether they smoked
or not.
(9) Nearly 20 percent of lung cancer patients have never
smoked. Sixty percent of individuals diagnosed with lung
cancer are former smokers who quit, often decades ago.
(10) Lung cancer in men and women who never smoked is the
sixth leading cause of cancer death. Of individuals diagnosed
with lung cancer who have never smoked, \2/3\ of are women.
(11) Lung cancer is the leading cause of cancer death in
the overall population and in every major ethnic grouping,
including white, African American, Hispanic, Asian and
Pacific Islander, American Indian, and Alaskan Native, with
an even disproportionately higher impact on African American
males that has not been addressed.
(12) Military personnel, veterans, and munitions workers
exposed to carcinogens such as Agent Orange, crystalline
forms of silica, arsenic, uranium, beryllium, and battlefield
fuel emissions have increased risk for lung cancer.
(13) Only 16 percent of lung cancer is being diagnosed at
an early stage and there were no targets for the early
detection or treatment of lung cancer included in the
Department of Health and Human Services's ``Healthy People
2010'' or ``Healthy People 2020''.
(14) An actuarial analysis carried out by Milliman Inc. and
published in Population Health Management Journal in 2009
indicated that early detection of lung cancer could save more
than 70,000 lives a year in the United States.
(15) A National Cancer Institute study in 2009 indicated
that while the value of life lost to lung cancer will exceed
$433,000,000,000 a year by 2020, a 4 percent annual decline
in lung cancer mortality would reduce that amount by more
than half.
(16) In 2010, the National Cancer Institute released
initial results from the National Lung Screening Trial, a
large-scale randomized national trial that compared the
effect of low-dose helical computed tomography (``CT'') and a
standard chest x-ray on lung cancer mortality. The study
found 20 percent fewer lung cancer deaths among study
participants screened with the CT scan.
SEC. 3. SENSE OF THE SENATE CONCERNING INVESTMENT IN LUNG
CANCER RESEARCH.
It is the sense of the Senate that--
(1) lung cancer mortality reduction should be made a
national public health priority; and
(2) a comprehensive mortality reduction program coordinated
by the Secretary of Health and Human Services is justified
and necessary to adequately address all aspects of lung
cancer and reduce lung cancer mortality among current
smokers, former smokers, and non-smokers.
SEC. 4. LUNG CANCER MORTALITY REDUCTION PROGRAM.
Part P of title III of the Public Health Service Act (42
U.S.C. 280g et seq.) is amended by adding at the end the
following:
``SEC. 399V-6. LUNG CANCER MORTALITY REDUCTION PROGRAM.
``(a) In General.--Not later than 180 days after the date
of enactment of the Lung Cancer Mortality Reduction Act of
2011, the Secretary, in consultation with the Secretary of
Defense, the Secretary of Veterans Affairs, the Director of
the National Institutes of Health, the Director of the
Centers for Disease Control and Prevention, the Commissioner
of Food and Drugs, the Administrator of the Centers for
Medicare & Medicaid Services, the Director of the National
Center on Minority Health and Health Disparities, and other
members of the Lung Cancer Advisory Board established under
section 7 of the Lung Cancer Mortality Reduction Act of 2011,
shall implement a comprehensive program to achieve a 50
percent reduction in the mortality rate of lung cancer by
2020.
``(b) Requirements.--The program implemented under
subsection (a) shall include at least the following:
``(1) With respect to the National Institutes of Health--
``(A) a strategic review and prioritization by the National
Cancer Institute of research grants to achieve the goal of
the lung cancer mortality reduction program in reducing lung
cancer mortality;
``(B) the provision of funds to enable the Airway Biology
and Disease Branch of the National Heart, Lung, and Blood
Institute to expand its research programs to include
predispositions to lung cancer, the interrelationship between
lung cancer and other pulmonary and cardiac disease, and the
diagnosis and treatment of these interrelationships;
``(C) the provision of funds to enable the National
Institute of Biomedical Imaging and Bioengineering to
expedite the development of screening, diagnostic, surgical,
treatment, and drug testing innovations to facilitate the
potential of imaging as a biomarker and reduce lung cancer
mortality, such as through expansion of the Quantum Grant
Program and Image-Guided Interventions programs of the
National Institute of Biomedical Imaging and Bioengineering;
``(D) the provision of funds to enable the National
Institute of Environmental Health Sciences to implement
research programs relative to lung cancer incidence; and;
``(E) the provision of funds to enable the National
Institute on Minority Health and Health Disparities to
collaborate on prevention, early detection, and disease
management research, and to conduct outreach programs in
order to address the impact of lung cancer on minority
populations.
``(2) With respect to the Food and Drug Administration, the
provision of funds to enable the Center for Devices and
Radiologic Health to--
``(A) establish quality standards and guidelines for
hospitals, outpatient departments, clinics, radiology
practices, mobile units, physician offices, or other
facilities that conduct computed tomography screening for
lung cancer;
``(B) provide for the expedited revision of standards and
guidelines, as required to accommodate technological advances
in imaging; and
``(C) conduct an annual random sample survey to review
compliance and evaluate dose and accuracy performance.
``(3) With respect to the Centers for Disease Control and
Prevention--
``(A) the provision of funds to establish a Lung Cancer
Early Detection Program that provides low-income, uninsured,
and underserved populations that are at high risk for lung
cancer access to early detection services;
``(B) the provision of funds to enable the National
Institute for Occupational Safety and Health to conduct
research on environmental contaminants strongly associated
with lung cancer in the workplace and implement measures to
reduce lung cancer risk and provide for an early detection
program; and
``(C) a requirement that State, tribal, and territorial
plans developed under the National Comprehensive Cancer
Control Program include lung cancer mortality reduction
measures commensurate with the public health impact of lung
cancer.
``(4) With respect to the Agency for Healthcare Research
and Quality, the annual review of lung cancer early detection
methods, diagnostic and treatment protocols, and the issuance
of updated guidelines.
``(5) The cooperation and coordination of all programs for
women, minorities, and health disparities within the
Department of Health and Human Services to ensure that
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all aspects of the Lung Cancer Mortality Reduction Program
adequately address the burden of lung cancer on women and
minority, rural, and underserved populations.
``(6) The cooperation and coordination of all tobacco
control and cessation programs within agencies of the
Department of Health and Human Services to achieve the goals
of the Lung Cancer Mortality Reduction Program with
particular emphasis on the coordination of drug and other
cessation treatments with early detection protocols.''.
SEC. 5. DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS
AFFAIRS.
The Secretary of Defense and the Secretary of Veterans
Affairs shall coordinate with the Secretary of Health and
Human Services--
(1) in developing the Lung Cancer Mortality Reduction
Program under section 399V-6 of the Public Health Service
Act, as added by section 4;
(2) in implementing the demonstration project under section
6 within the Department of Defense and the Department of
Veterans Affairs with respect to military personnel and
veterans whose smoking history and exposure to carcinogens
during active duty service has increased their risk for lung
cancer; and
(3) in implementing coordinated care programs for military
personnel and veterans diagnosed with lung cancer.
SEC. 6. LUNG CANCER SCREENING DEMONSTRATION PROJECT.
(a) Sense of the Senate.--It is the sense of the Senate
that a national computed tomography lung cancer screening
demonstration project should be carried out expeditiously in
order to assess the public health infrastructure needs and to
develop the most effective, safe, equitable, and efficient
process that will maximize the public health benefits of
screening.
(b) Demonstration Project in General.--Not later than 1
year after the date of enactment of this Act, the Secretary
of Health and Human Services (referred to in this Act as the
``Secretary''), in consultation with the Secretary of
Defense, the Secretary of Veterans Affairs, the Director of
the National Institutes of Health, the Director of the
Centers for Disease Control and Prevention, the Commissioner
of Food and Drugs, the Administrator of the Centers for
Medicare & Medicaid Services, and the other members of the
Lung Cancer Advisory Board established under section 7 of the
Lung Cancer Mortality Reduction Act of 2011, shall establish
a demonstration project, to be known as the Lung Cancer
Computed Tomography Screening and Treatment Demonstration
Project (referred to in this section as the ``demonstration
project'').
(c) Program Requirements.--The Secretary shall ensure that
the demonstration project--
(1) identifies the optimal risk populations that would
benefit from screening;
(2) develops the most effective, safe, equitable and cost-
efficient process for screening and early disease management;
(3) allows for continuous improvements in quality controls
for the process; and
(4) serves as a model for the integration of health
information technology and the concept of a rapid learning
into the health care system.
(d) Participation.--The Secretary shall select not less
than 5 National Cancer Institute Centers, 5 Department of
Defense Medical Treatment Centers, 5 sites within the
Veterans Affairs Healthcare Network, 5 International Early
Lung Cancer Action Program sites, 10 community health centers
for minority and underserved populations, and additional
sites as the Secretary determines appropriate, as sites to
carry out the demonstration project described under this
section.
(e) Quality Standards and Guidelines for Licensing of
Tomography Screening Facilities.--The Secretary shall
establish quality standards and guidelines for the licensing
of hospitals, outpatient departments, clinics, radiology
practices, mobile units, physician offices, or other
facilities that conduct computed tomography screening for
lung cancer through the demonstration project, that will
require the establishment and maintenance of a quality
assurance and quality control program at each such facility
that is adequate and appropriate to ensure the reliability,
clarity, and accuracy of the equipment and interpretation of
the screening scan and set appropriate standards to control
the levels of radiation dose.
(f) Timeframe.--The Secretary shall conduct the
demonstration project under this section for a 5-year period.
(g) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a report to
Congress on the projected cost of the demonstration project,
and shall submit annual reports to Congress thereafter on the
progress of the demonstration project and preliminary
findings.
SEC. 7. LUNG CANCER ADVISORY BOARD.
(a) In General.--The Secretary of Health and Human Services
shall establish a Lung Cancer Advisory Board (referred to in
this section as the ``Board'') to monitor the programs
established under this Act (and the amendments made by this
Act), and provide annual reports to Congress concerning
benchmarks, expenditures, lung cancer statistics, and the
public health impact of such programs.
(b) Composition.--The Board shall be composed of--
(1) the Secretary of Health and Human Services;
(2) the Secretary of Defense;
(3) the Secretary of Veterans Affairs;
(4) the Director of the Occupational Safety and Health
Administration;
(5) the Director of the National Institute of Standards and
Technology; and
(6) one representative each from the fields of clinical
medicine focused on lung cancer, lung cancer research,
radiology, imaging research, drug development, minority
health advocacy, veterans service organizations, lung cancer
advocacy, and occupational medicine to be appointed by the
Secretary of Health and Human Services.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act (and the amendments made by this
Act), there are authorized to be appropriated such sums as
may be necessary for each of fiscal years 2012 through 2016.
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