[Congressional Record (Bound Edition), Volume 157 (2011), Part 4]
[Senate]
[Pages 5241-5263]
[From the U.S. 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

[[Page 5242]]

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 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

[[Page 5243]]

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:

     ``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

[[Page 5244]]

     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 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.

[[Page 5245]]

       ``(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 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

[[Page 5246]]

     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 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

[[Page 5247]]

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 (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

[[Page 5248]]

     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, 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

[[Page 5249]]

     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''.

     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.--

[[Page 5250]]

       (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
       ``(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

[[Page 5251]]

     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.--
       (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).

[[Page 5252]]

       ``(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 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.

[[Page 5253]]

       ``(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.''.
       (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

[[Page 5254]]

     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 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.

[[Page 5255]]

  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.
``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.

[[Page 5256]]

``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

[[Page 5257]]

       ``(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

[[Page 5258]]

     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 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.

[[Page 5259]]

       ``(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).
       ``(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

[[Page 5260]]

     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.
       ``(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

[[Page 5261]]

       (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 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

[[Page 5262]]

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 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

[[Page 5263]]

     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 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.

                          ____________________