SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oil Industry Merger Antitrust
Enforcement Act''.

SEC. 2. STATEMENT OF FINDINGS AND DECLARATIONS OF PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) American consumers are suffering from excessively high
        prices for gasoline, natural gas, heating oil, and other energy
        products.
            (2) These excessively high energy prices have been caused,
        at least in substantial part, by undue concentration among
        companies involved in the production, refining, distribution,
        and retail sale of oil, gasoline, natural gas, heating oil, and
        other petroleum-related products.
            (3) There has been a sharp consolidation caused by mergers
        and acquisitions among oil companies over the last decade, and
        the antitrust enforcement agencies (the Federal Trade
        Commission and the Department of Justice Antitrust Division)
        have failed to employ the antitrust laws to prevent this
        consolidation, to the detriment of consumers and competition.
        This consolidation has caused substantial injury to competition
        and has enabled the remaining oil companies to gain market
        power over the sale, refining, and distribution of petroleum-
        related products.
            (4) The demand for oil, gasoline, and other petroleum-based
        products is highly inelastic so that oil companies can easily
        utilize market power to raise prices.
            (5) Maintaining competitive markets for oil, gasoline,
        natural gas, and other petroleum-related products is in the
        highest national interest.
    (b) Purposes.--The purposes of this Act are to--
            (1) ensure vigorous enforcement of the antitrust laws in
        the oil industry;
            (2) restore competition to the oil industry and to the
        production, refining, distribution, and marketing of gasoline
        and other petroleum-related products; and
            (3) prevent the accumulation and exercise of market power
        by oil companies.

SEC. 3. BURDEN OF PROOF.

    Section 7 of the Clayton Act (15 U.S.C. 18) is amended by adding at
the end the following:
    ``In any civil action brought against any person for violating this
section in which the plaintiff--
            ``(1) alleges that the effect of a merger, acquisition, or
        other transaction affecting commerce may be to substantially
        lessen competition, or to tend to create a monopoly, in the
        business of exploring for, producing, refining, or otherwise
        processing, storing, marketing, selling, or otherwise making
        available petroleum, oil, or natural gas, or products derived
        from petroleum, oil, or natural gas; and
            ``(2) establishes that a merger, acquisition, or
        transaction is between or involves persons competing in the
        business of exploring for, producing, refining, or otherwise
        processing, storing, marketing, selling, or otherwise making
        available petroleum, oil, or natural gas, or products derived
        from petroleum, oil, or natural gas;
the burden of proof shall be on the defendant or defendants to
establish by a preponderance of the evidence that the merger,
acquisition, or transaction at issue will not substantially lessen
competition or tend to create a monopoly.''.

SEC. 4. ENSURING FULL AND FREE COMPETITION.

    (a) Review.--The Federal Trade Commission and the Antitrust
Division of the Department of Justice shall jointly review and revise
all enforcement guidelines and policies, including the Horizontal
Merger Guidelines issued April 2, 1992 and revised April 8, 1997, and
the Non-Horizontal Merger Guidelines issued June 14, 1984, and modify
those guidelines in order to--
            (1) specifically address mergers and acquisitions in oil
        companies and among companies involved in the production,
        refining, distribution, or marketing of oil, gasoline, natural
        gas, heating oil, or other petroleum-related products; and
            (2) ensure that the application of these guidelines will
        prevent any merger and acquisition in the oil industry, when
        the effect of such a merger or acquisition may be to
        substantially lessen competition, or to tend to create a
        monopoly, and reflect the special conditions prevailing in the
        oil industry described in subsection (b).
    (b) Special Conditions.--The guidelines described in subsection (a)
shall be revised to take into account the special conditions prevailing
in the oil industry, including--
            (1) the high inelasticity of demand for oil and petroleum-
        related products;
            (2) the ease of gaining market power in the oil industry;
            (3) supply and refining capacity limits in the oil
        industry;
            (4) difficulties of market entry in the oil industry; and
            (5) unique regulatory requirements applying to the oil
        industry.
    (c) Competition.--The review and revision of the enforcement
guidelines required by this section shall be completed not later than 6
months after the date of enactment of this Act.
    (d) Report.--Not later than 6 months after the date of enactment of
this Act, the Federal Trade Commission and the Antitrust Division of
the Department of Justice shall jointly report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives regarding the review and revision of the enforcement
guidelines mandated by this section.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Oil industry.--The term ``oil industry'' means
        companies and persons involved in the production, refining,
        distribution, or marketing of oil or petroleum-based products.
            (2) Petroleum-based product.--The term ``petroleum-based
        product'' means gasoline, diesel fuel, jet fuel, home heating
        oil, natural gas, or other products derived from the refining
        of oil or petroleum.

Summary: Oil Industry Merger Antitrust Enforcement Act - Amends the Clayton Act to require, in any civil action in which the plaintiff alleges that the effect of a merger, acquisition, or other transaction (transaction) may be to substantially lessen competition or to create a monopoly in the business of exploring for, producing, refining, marketing, or selling petroleum, oil, natural gas, or their related products and that establishes that the transaction involves competitors in that business, the burden of proof shall be on the defendant to establish that such transaction will not substantially lessen competition or create a monopoly. Directs the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice to jointly review and revise applicable enforcement guidelines and policies in order to: (1) specifically address the above transactions. And (2) ensure that the guidelines will prevent any transaction which substantially lessens competition or creates a monopoly.

A bill to prevent anti-competitive mergers and acquisitions in the oil and gas industry.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Muhammad Ali Expansion Act''.

SEC. 2. INCLUSION OF MIXED MARTIAL ARTS FIGHTERS.

    (a) Definitions.--Section 2 of the Professional Boxing Safety Act
of 1996 (15 U.S.C. 6301) is amended--
            (1) by redesignating paragraphs (4) through (15) as
        paragraphs (5), (6), (7), (9), (10), (11), (12), (13), (14),
        (15), (16), and (17), respectively;
            (2) by inserting after paragraph (3) the following:
            ``(4) Fighter.--The term `fighter' means an individual who
        fights in a professional mixed martial arts competition or
        other professional combat sport competition.'';
            (3) by inserting after paragraph (7), as so redesignated,
        the following:
            ``(8) Combat sport competition.--The term `combat sport
        competition' means a professional fight that allows fighters to
        use one or more forms of martial arts, including mixed martial
        arts. Such term does not include--
                    ``(A) a combat sport that allows the use of a
                weapon or foreign object; or
                    ``(B) a competition that is regulated by an amateur
                sports organization.''; and
            (4) by adding at the end the following:
            ``(18) Mixed martial arts.--The term `mixed martial arts'
        means a full-contact combat sport that allows fighters to use
        both striking and grappling techniques, and both standing and
        on the ground, from a variety of other combat sports and
        martial arts.''.
    (b) Conforming Amendments.--
            (1) Sections 3 through 21 (other than section 20) of the
        Professional Boxing Safety Act of 1996 (15 U.S.C. 6301 et seq.)
        are amended--
                    (A) by inserting ``or fighter'' after ``boxer''
                each place it appears;
                    (B) by inserting ``and fighters'' after ``boxers''
                each place it appears;
                    (C) by inserting ``or combat sport competition''
                after ``boxing match'' each place it appears;
                    (D) by inserting ``and combat sport competitions''
                after ``boxing matches'' each place it appears;
                    (E) by inserting ``or competition'' after ``the
                match'' each place it appears; and
                    (F) by striking ``boxing service provider'' and
                inserting ``boxing or combat sport service provider''.
            (2) Section 2 of such Act (15 U.S.C. 6301) is further
        amended--
                    (A) in paragraph (2), by inserting ``and combat
                sport competitions'' after ``professional boxing
                matches'';
                    (B) in paragraphs (3), (6), and (14), by inserting
                ``and fighters'' after ``boxers'' each place it
                appears;
                    (C) in paragraphs (4), (11), and (13), by inserting
                ``or fighter'' after ``boxer'' each place it appears;
                    (D) in paragraphs (6), (9), and (14), by inserting
                ``or combat sport competition'' after ``professional
                boxing match'' each place it appears;
                    (E) in paragraph (9), by inserting ``or
                competition'' after ``the match'' each place it
                appears;
                    (F) in paragraphs (12) and (13), by striking
                ``boxing service provider'' and inserting ``boxing or
                combat sport service provider''; and
                    (G) in paragraph (15) by inserting ``or combat
                sports'' after ``boxing''.
            (3) Section 3(2) of such Act (15 U.S.C. 6302(2)) is further
        amended by inserting ``and professional combat sports
        industry'' after ``professional boxing industry''.
            (4) Section 4(a) of such Act (15 U.S.C. 6303(a)) is further
        amended by inserting ``and combat sport regulations'' after
        ``professional boxing regulations''.
            (5) Section 6(c) of such Act (15 U.S.C. 6305(c)) is further
        amended by inserting ``and fighting'' after ``risk associated
        with boxing''.
            (6) Section 7(a)(2) of such Act (15 U.S.C. 6306(a)(2)) is
        further amended by inserting ``or compete'' after ``box''.
            (7) Section 9 of such Act is further amended--
                    (A) by striking ``Within 2'' and inserting the
                following:
    ``(a) Boxing Contracts.--Within 2''; and
                    (B) by adding at the end the following:
    ``(b) Combat Sports Contracts.--Not later than 2 years after the
date of enactment of the Muhammad Ali Expansion Act, the Association of
Boxing Commissions (ABC) shall develop and shall approve by a vote of
no less than a majority of its member State boxing commissioners,
guidelines for minimum contractual provisions that should be included
in bout agreements and mixed martial arts and other combat sport
contracts. It is the sense of the Congress that State boxing
commissions should follow these ABC guidelines.''.
            (8) Section 10(a) of such Act is further amended--
                    (A) in paragraph (1)(B), by inserting ``or
                fighter's'' after ``boxer's''; and
                    (B) in paragraph (2)--
                            (i) by striking ``This subsection'' and
                        inserting ``With respect to boxing contracts,
                        this subsection''; and
                            (ii) by adding at the end the following:
                        ``With respect to mixed martial arts and other
                        combat sport contracts, this subsection shall
                        only apply to contracts entered into after the
                        date of the enactment of the Muhammad Ali
                        Expansion Act.''.
            (9) Section 11 of such Act is further amended--
                    (A) in subsection (a)--
                            (i) by striking ``Within 2'' and inserting
                        the following:
            ``(1) Boxing contracts.--Within 2''; and
                            (ii) by adding at the end the following:
            ``(2) Combat sports.--Not later than 2 years after the date
        of the enactment of the Muhammad Ali Expansion Act, the
        Association of Boxing Commissions shall develop and shall
        approve by a vote of no less than a majority of its member
        State boxing commissioners, guidelines for objective and
        consistent written criteria for the ratings of mixed martial
        arts and other combat sports. It is the sense of the Congress
        that sanctioning bodies and State boxing commissions should
        follow these ABC guidelines.''; and
                    (B) in subsection (d)(1)(C) is amended by striking
                ``boxer's rating'' and inserting ``boxer or fighter's
                rating''.
            (10) Section 13 of such Act is further amended--
                    (A) in subsection (a), by striking ``boxer's
                purse'' and inserting ``boxer or fighter's purse''; and
                    (B) in subsection (b), by striking ``boxer's
                purse'' and inserting ``boxer or fighter's purse''.
            (11) Section 17(b)(2)(B) of such Act (15 U.S.C.
        6308(b)(2)(B)) is further amended by inserting ``, and fighters
        participating in a mixed martial arts competition or other
        combat sport competition scheduled for 11 minutes or more''
        after ``10 rounds or more''.
            (12) Section 18(b)(3) of such Act (15 U.S.C. 6309(b)(3)) is
        further amended by inserting ``or combat sport'' after ``State
        boxing''.

Summary: Muhammad Ali Expansion Act This bill amends the Professional Boxing Safety Act of 1996 to: (1) establish definitions for fighter, combat sport competition, and mixed martial arts. And (2) include individuals who fight in a professional mixed martial arts competition or other professional combat sport competition, such competitions, and the professional combat sports industry within the scope of such Act. The bill requires the Association of Boxing Commissions, within two years after enactment of this bill, to establish: (1) guidelines for minimum contractual provisions that should be included in bout agreements and mixed martial arts and other combat sport contracts, and (2) guidelines for objective and consistent written criteria for the ratings of mixed martial arts and other combat sports. The bill applies conflict of interest provisions that prohibit a promoter from having a financial interest in the management of a boxer, or a manager from having a financial interest in the promotion of a boxer, to fighters participating in a mixed martial arts or other combat sport competition scheduled for 11 minutes or more.

Muhammad Ali Expansion Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Smaller Schools, Stronger
Communities Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since World War II, the conventional wisdom among
        educators has been that larger schools are better than smaller
        schools, and as a result the number of secondary schools in the
        United States has declined by 70 percent and the average school
        size has grown to 5 times the previous average size. According
        to the Department of Education, 70 percent of high school
        students in 2000 attended schools with more than 1,000
        students.
            (2) Over the past few years, educators have begun to
        question the belief that larger schools are always better. The
        National Association of Secondary School Principals recently
        recommended that the high school of the 21st century be much
        more student-centered and, above all, much more personalized in
        programs, support services, and intellectual rigor. Underlying
        this recommendation are the Association's beliefs that students
        take more interest in school when they have a sense of
        belonging and that students benefit from a more intimate
        setting in which their presence is more readily and repeatedly
        acknowledged.
            (3) The National Association of Secondary School Principals
        warns that the ``bigness'' of high schools shrouds many young
        people in what the Association calls ``a cloak of anonymity''.
        To counteract this effect, the Association recommends that high
        schools--
                    (A) restructure their layouts and schedules so that
                students are no longer invisible and able to ``melt
                into their surroundings'';
                    (B) limit their enrollments to units of not more
                than 600 students, either by constructing new buildings
                or by creating schools-within-a-school; and
                    (C) change the relationship between teachers and
                students by reducing the number of class changes
                students are required to make each day and by allowing
                teachers to spend more time with smaller numbers of
                students.
            (4) Research shows that larger schools tend to stratify
        students into different tracks, which are often based on
        children's educational and social backgrounds. The result is
        inequitable educational outcomes, because at larger schools the
        gap between the educational achievement of high-achieving and
        low-achieving students is greater than at smaller schools.
            (5) Research shows that--
                    (A) in smaller, more personalized, and less
                bureaucratic schools, the gap between high-achieving
                and low-achieving students is smaller;
                    (B) students in smaller schools perform better in
                the core subjects of reading, mathematics, history, and
                science;
                    (C) students in smaller schools are more engaged in
                their courses;
                    (D) smaller schools have higher attendance rates
                and higher rates of participation in school activities;
                and
                    (E) because achievement levels in smaller schools
                are more equitably distributed, students who come from
                more disadvantaged economic and educational backgrounds
                show the greatest achievement gains in smaller schools.
            (6) In 2000, the Bank Street College of Education conducted
        a study, entitled ``Small Schools: Great Strides'', of more
        than 150 small schools in Chicago, Illinois. In the study,
        researchers found the following:
                    (A) Small schools generated measurable benefits
                (including higher attendance rates, grade point
                averages, and graduation rates) even among the most
                academically disadvantaged students.
                    (B) Teachers and parents reported greater
                satisfaction with small schools.
                    (C) Teachers found that small schools offer a
                stronger, more collaborative professional learning
                community and provide opportunities to know students
                better and to take greater responsibility for their
                achievement.
                    (D) Parents found that small schools are more
                accessible, more responsive, and safer.
            (7) According to a recent study of 13,600 schools in
        Georgia, Montana, Ohio, and Texas--
                    (A) in smaller schools the harmful effects of
                poverty on student achievement were greatly reduced;
                and
                    (B) in poorer Texas communities, larger schools had
                significantly lower test scores than smaller schools.
            (8) Research shows that smaller schools are safer and that
        students in smaller schools are less likely to join gangs.
        According to the 1999 report entitled ``Indicators of School
        Crime and Safety'' issued by the National Center for Education
        Statistics and the Bureau of Justice Statistics--
                    (A) the number of criminal acts committed at school
                and number of incidents of school violence were much
                lower in schools enrolling between 300 to 1,000
                students than in larger schools regardless of location
                in urban, suburban, or rural areas; and
                    (B) on the urban fringe, at schools within
                metropolitan areas but not in the areas' central
                cities, larger schools experienced as many as 4 times
                as many incidents of serious violence per 1,000
                students than smaller schools.
            (9) Many States and local educational agencies are
        implementing strategies to reduce the size of their schools,
        including Florida, where in 2000 Governor Jeb Bush signed a
        school safety bill that required new schools to serve smaller
        student populations. The legislation limited new high schools
        to 900 students.

SEC. 3. SMALLER LEARNING COMMUNITIES GRANT PROGRAM.

    Section 10105 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8005) is amended to read as follows:

``SEC. 10105. SMALLER LEARNING COMMUNITIES.

    ``(a) Definitions.--In this section, the following definitions
apply:
            ``(1) School.--The term `school' means an elementary school
        or a secondary school.
            ``(2) School-within-a-school.--The term `school-within-a-
        school' means a unit within a school that creates a close and
        consistent academic and administrative relationship between a
        group of students and a group of teachers such that the unit
        functions as an individualized smaller school, regardless of
        how many such schools-within-a-school exist within the larger
        school.
            ``(3) Smaller learning community.--The term `smaller
        learning community' means--
                    ``(A) an independent, small school within a single
                building;
                    ``(B) a school-within-a-school; or
                    ``(C) any other grouping of students, teachers, or
                administrators that uses effective or innovative
                strategies to create a more personalized school
                experience for students to improve student achievement
                or performance, including but not limited to strategies
                that make use of--
                            ``(i) career academies or clusters;
                            ``(ii) magnet schools;
                            ``(iii) restructured daily or school-year
                        schedules; or
                            ``(iv) mentoring systems, such as personal
                        adult advocates or teacher advisory systems.
    ``(b) Authority To Make Grants.--In accordance with this section,
the Secretary may--
            ``(1) make grants to local educational agencies to enable
        such agencies to develop plans to create smaller learning
        communities; and
            ``(2) make grants to local educational agencies to enable
        such agencies to implement plans to establish such communities.
    ``(c) Application.--
            ``(1) In general.--In accordance with this subsection, the
        Secretary shall require that each local educational agency
        seeking a grant under this section shall submit an application
        to the Secretary at such time, in such manner, and accompanied
        by such information as the Secretary may require.
            ``(2) Simple, brief application.--In developing
        applications for the grants described in subsection (b), the
        Secretary shall develop an application that is simple and brief
        in form.
            ``(3) Planning grants.--Each application from a local
        educational agency for a grant under subsection (b)(1) shall
        include information relating to each of the following:
                    ``(A) The need in the area administered by the
                local educational agency for 1 or more smaller learning
                communities.
                    ``(B) The process the local educational agency
                intends to follow in establishing 1 or more smaller
                learning communities.
                    ``(C) The steps the local educational agency
                intends to follow in order to ensure the viability of
                each smaller learning community to be assisted with the
                grant.
                    ``(D) For each smaller learning community to be
                assisted with the grant, the non-Federal resources that
                will be available to the local educational agency from
                each of the following:
                            ``(i) Any existing school at which the
                        smaller learning community will be located.
                            ``(ii) The school district, or area
                        administered by the local educational agency,
                        in which the smaller learning community will be
                        located.
            ``(4) Implementation grants.--Each application from a local
        educational agency for a grant under subsection (b)(2) shall
        include information relating to each of the following:
                    ``(A) The strategies and methods the local
                educational agency intends to use to create each
                smaller learning community.
                    ``(B) The curriculum and instructional practices,
                including any particular themes or emphases, to be used
                in the learning environment.
                    ``(C) The degree of involvement of teachers, and
                other school personnel, in investigating, designing,
                implementing, and sustaining each smaller learning
                community.
                    ``(D) The process to be used for involving
                students, parents, and other stakeholders in the
                development and implementation of each smaller learning
                community.
                    ``(E) Any cooperation or collaboration among
                community agencies, organizations, businesses, and
                others to develop or implement a plan to create each
                smaller learning community.
                    ``(F) The training and professional development
                activities that will be offered to teachers and others
involved in the activities for which the grant is sought.
                    ``(G) The goals and objectives of the activities
                for which the grant is sought, including a description
                of how such activities will better enable all students
                to reach challenging State content standards and State
                student performance standards.
                    ``(H) The methods by which the local educational
                agency will assess progress in meeting the goals and
                objectives described in subparagraph (G).
                    ``(I) With respect to any smaller learning
                community that will be a school-within-a-school, the
                relationship, including governance and administration,
                between the smaller learning community and the rest of
                the school.
                    ``(J) The administrative and managerial
                relationship between the local educational agency and
                each smaller learning community, including how such
                agency intends to ensure the continuity of the smaller
                learning community and the continuity of student and
                teacher assignment to such community.
                    ``(K) How the local educational agency intends to
                coordinate the use of the proceeds of the grant with
                the use of other funds provided under this Act or under
                other Federal laws.
                    ``(L) The grade levels or ages of students who will
                participate in each smaller learning community.
                    ``(M) The method of placing students in each
                smaller learning community.
    ``(d) Use of Grant Funds.--
            ``(1) Planning grants.--The proceeds of a grant made under
        subsection (b)(1) may be used for any of the following:
                    ``(A) Study of the feasibility of creating a
                smaller learning community.
                    ``(B) Study of effective and innovative
                organizational and instructional strategies for use in
                1 or more smaller learning communities.
                    ``(C) Research on and development of strategies for
                creating 1 or more smaller learning communities.
                    ``(D) Research on and development of, for 1 or more
                smaller learning communities, effective and innovative
                curriculums and methods of instruction designed to meet
                high State content standards and State student
                performance standards.
                    ``(E) Provision of professional development in
                innovative teaching methods that challenge and engage
                students to the staff of 1 or more smaller learning
                communities.
                    ``(F) Development of strategies for the
                participation in 1 or more smaller learning communities
                of parents, business representatives, local
                institutions of higher education, community-based
                organizations, and other community members, as
                facilitators of activities that provide professional
                development for teachers or that provide links between
                students and their local community.
                    ``(G) Any other reasonable expense, including
                architectural fees to design or remodel school
                facilities, but not including the costs directly
                associated with the renovation of existing facilities
                or the purchase or construction of new facilities.
            ``(2) Implementation grants.--The proceeds of a grant made
        under subsection (b)(2) may be used for any of the following:
                    ``(A) Implementing strategies for creating 1 or
                more smaller learning communities.
                    ``(B) Implementing within 1 or more smaller
                learning communities effective and innovative
                curriculums and methods of instruction designed to meet
                high State content standards and State student
                performance standards.
                    ``(C) Implementing strategies for the participation
                in 1 or more smaller learning communities of parents,
                business representatives, local institutions of higher
                education, community-based organizations, and other
                community members, as facilitators of activities that
                provide professional development for teachers or that
                provide links between students and their local
                community.
                    ``(D) Any other reasonable expense, including
                architectural fees to design or remodel school
                facilities, but not including the costs directly
                associated with the renovation of existing facilities
                or the purchase or construction of new facilities.
    ``(e) Equitable Distribution.--In making grants under this section,
the Secretary shall ensure that the recipients of grants under
subsection (b)(1) and the recipients of grants under subsection (b)(2)
are equitably distributed among urban, suburban, and rural areas of the
United States.
    ``(f) Report to the Secretary.--The Secretary shall require as a
condition of receipt of each grant under this section that the grant
recipient transmit to the Secretary a report on how the proceeds of the
grant were used.
    ``(g) Additional Authority.--To further assist local educational
agencies with respect to planning for or implementation of smaller
learning communities, the Secretary may--
            ``(1) provide technical assistance to such local
        educational agencies ; and
            ``(2) participate in networking activities.
    ``(h) Secretary's Use of Funds.--In each fiscal year, the Secretary
may use not more than a total of 5 percent of the amount authorized
under subsection (j) for--
            ``(1) evaluation of the program authorized by this section;
            ``(2) the provision of technical assistance under
        subsection (g)(1); and
            ``(3) networking activities under subsection (g)(2).
    ``(i) Study.--The Secretary shall conduct a study to--
            ``(1) build on existing research in the smaller learning
        communities field;
            ``(2) evaluate and compare outcomes at various types of
        smaller learning communities, including smaller learning
        communities in urban, suburban, and rural school districts; and
            ``(3) track the effectiveness of smaller learning
        communities.
    ``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $200,000,000 for fiscal year
2002 and such sums as may be necessary for the 4 succeeding fiscal
years.''.

Summary: Smaller Schools, Stronger Communities Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to local educational agencies to develop and implement plans to create smaller learning communities.

To amend section 10105 of the Elementary and Secondary Education Act of 1965 to provide for a smaller learning communities grant program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Anti-Corruption Act of
1999''.

SEC. 2. LIMITATIONS ON FOREIGN ASSISTANCE.

    (a) Report and Certification.--
            (1) In general.--Not later than March 1 of each year, the
        President shall submit to the appropriate committees a
        certification described in paragraph (2) and a report for each
        country that received foreign assistance under part I of the
        Foreign Assistance Act of 1961 during the fiscal year. The
        report shall describe the extent to which each such country is
        making progress with respect to the following economic
        indicators:
                    (A) Implementation of comprehensive economic
                reform, based on market principles, private ownership,
                equitable treatment of foreign private investment,
                adoption of a legal and policy framework necessary for
                such reform, protection of intellectual property
                rights, and respect for contracts.
                    (B) Elimination of corrupt trade practices by
                private persons and government officials.
                    (C) Moving toward integration into the world
                economy.
            (2) Certification.--The certification described in this
        paragraph means a certification as to whether, based on the
        economic indicators described in subparagraphs (A) through (C)
        of paragraph (1), each country is--
                    (A) conducive to United States business;
                    (B) not conducive to United States business; or
                    (C) hostile to United States business.
    (b) Limitations on Assistance.--
            (1) Countries hostile to united states business.--
                    (A) General limitation.--Beginning on the date the
                certification described in subsection (a) is
                submitted--
                            (i) none of the funds made available for
                        assistance under part I of the Foreign
                        Assistance Act of 1961 (including unobligated
                        balances of prior appropriations) may be made
                        available for the government of a country that
                        is certified as hostile to United States
                        business pursuant to such subsection (a); and
                            (ii) the Secretary of the Treasury shall
                        instruct the United States Executive Director
                        of each multilateral development bank to vote
                        against any loan or other utilization of the
                        funds of such institution to or by any country
                        with respect to which a certification described
                        in clause (i) has been made.
                    (B) Duration of limitations.--Except as provided in
                subsection (c), the limitations described in clauses
                (i) and (ii) of subparagraph (A) shall apply with
                respect to a country that is certified as hostile to
                United States business pursuant to subsection (a) until
                the President certifies to the appropriate committees
                that the country is making significant progress in
                implementing the economic indicators described in
                subsection (a)(1) and is no longer hostile to United
                States business.
            (2) Countries not conducive to united states business.--
                    (A) Probationary period.--A country that is
                certified as not conducive to United States business
                pursuant to subsection (a), shall be considered to be
                on probation beginning on the date of such
                certification.
                    (B) Required improvement.--Unless the President
                certifies to the appropriate committees that the
                country is making significant progress in implementing
                the economic indicators described in subsection (a) and
                is committed to being conducive to United States
                business, beginning on the first day of the fiscal year
                following the fiscal year in which a country is
                certified as not conducive to United States business
                pursuant to subsection (a)(2)--
                            (i) none of the funds made available for
                        assistance under part I of the Foreign
                        Assistance Act of 1961 (including unobligated
                        balances of prior appropriations) may be made
                        available for the government of such country;
                        and
                            (ii) the Secretary of the Treasury shall
                        instruct the United States Executive Director
                        of each multilateral development bank to vote
                        against any loan or other utilization of the
                        funds of such institution to or by any country
                        with respect to which a certification described
                        in subparagraph (A) has been made.
                    (C) Duration of limitations.--Except as provided in
                subsection (c), the limitations described in clauses
                (i) and (ii) of subparagraph (B) shall apply with
                respect to a country that is certified as not conducive
                to United States business pursuant to subsection (a)
                until the President certifies to the appropriate
                committees that the country is making significant
                progress in implementing the economic indicators
                described in subsection (a)(1) and is conducive to
                United States business.
    (c) Exceptions.--
            (1) National security interest.--Subsection (b) shall not
        apply with respect to a country described in subsection (b) (1)
        or (2) if the President determines with respect to such country
        that making such funds available is important to the national
        security interest of the United States. Any such determination
        shall cease to be effective 6 months after being made unless
        the President determines that its continuation is important to
        the national security interest of the United States.
            (2) Other exceptions.--Subsection (b) shall not apply with
        respect to--
                    (A) assistance to meet urgent humanitarian needs
                (including providing food, medicine, disaster, and
                refugee relief);
                    (B) democratic political reform and rule of law
                activities;
                    (C) the creation of private sector and
                nongovernmental organizations that are independent of
                government control; and
                    (D) the development of a free market economic
                system.

SEC. 3. TOLL-FREE NUMBER.

    The Secretary of Commerce shall make available a toll-free
telephone number for reporting by members of the public and United
States businesses on the progress that countries receiving foreign
assistance are making in implementing the economic indicators described
in section 2(a)(1). The information obtained from the toll-free
telephone reporting shall be included in the report required by section
2(a).

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Appropriate committees.--The term ``appropriate
        committees'' means the Committee on International Relations of
        the House of Representatives and the Committee on Foreign
        Relations of the Senate.
            (2) Multilateral development bank.--The term ``multilateral
        development bank'' means the International Bank for
        Reconstruction and Development, the International Development
        Association, and the European Bank for Reconstruction and
        Development.

Summary: Requires a report to accompany such certification describing the extent to which each such country is making progress in: (1) implementing comprehensive economic reform, based on market principles, private ownership, and other specified economic indicators. (2) eliminating corrupt trade practices by private persons and government officials. And (3) moving toward integration into the world economy. Instructs the Secretary of Commerce to make a toll-free telephone number available for progress reports on countries receiving foreign assistance and implementing specified economic indicators.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Food Assistance
Improvement Act of 2012''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) For more than 55 years the United States, backed by the
        support of the American people, has been committed to providing
        life-saving food assistance to developing countries and
        vulnerable populations around the world.
            (2) As the largest donor of international food assistance,
        an essential tool in tackling malnutrition, the United States
        can lead the way in improving food aid quality to better target
        undernourished women and children.
            (3) The United States contributes over one-half of all food
        aid supplies to alleviate hunger and support development and
        plays an important role in responding to emergency food aid
        needs and ensuring global food security.
            (4) Over the past decade, increasing food prices and
        protracted humanitarian crises around the world have made
        United States food assistance even more critical and relevant.
        At the same time, these factors, combined with advancements in
        nutrition science, as well as severe and ongoing fiscal
        constraints, have led to an increased demand by policymakers
        and program implementers for new specially formulated and cost-
        effective products to meet the nutritional needs of the world's
        most vulnerable populations.
            (5) While United States food assistance is effective in
        providing critical calories and nutrients to millions of people
        during short-term emergencies, the long-term impacts of these
        programs have also been increasingly called into question for
        not meeting the nutritional needs of recipient populations.
            (6) Reducing maternal and child malnutrition, especially in
        the critical 1,000 days between pregnancy and age 2, is a key
        priority of United States global food security and health
        initiatives, including food aid.
            (7) Recent reports by the Government Accountability Office
        and the United States Agency for International Development
        recommended over 35 changes to United States food aid products
        and programs to improve the nutritional quality, quality
        control, and cost effectiveness of United States food
        assistance.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) even in this time of fiscal austerity, the American
        people support the United States Government's historic
        commitment to providing life-saving food assistance to the
        world's most vulnerable populations;
            (2) high food prices, coupled with growing constraints on
        available resources for foreign assistance require the United
        States Government to focus on creating efficiencies, improving
        quality controls, and maximizing cost-effectiveness and
        nutritional impact of United States food assistance programs;
            (3) improving maternal and child health with supplemental
        nutrition products is a central objective of international food
        assistance programs; and
            (4) the United States has shown considerable leadership in
        meeting the nutrition needs of pregnant women and small
        children through the 1,000 Days Partnership to support the
        Scaling Up Nutrition (SUN) movement.

SEC. 4. PROVISION OF AGRICULTURAL COMMODITIES.

    Section 202(h) of the Food for Peace Act (7 U.S.C. 1722(h)) is
amended by striking paragraph (1) and inserting the following:
            ``(1) In general.--The Administrator shall use funds made
        available in fiscal year 2012 and subsequent fiscal years to
        carry out this title to improve the nutritional quality of
        United States food assistance, particularly for vulnerable
        groups such as pregnant and lactating mothers, children under
        the age of five, with a focus on the cost-effective 1,000 days
        between pregnancy and age 2, when appropriate, and
        beneficiaries under the President's Emergency Fund for AIDS
        Relief in Africa (PEPFAR), including by--
                    ``(A) adopting new specifications or improving
                existing specifications for micronutrient fortified
                food aid products, based on the latest developments in
                food and nutrition science;
                    ``(B) strengthening necessary systems to better
                assess the types and quality of agricultural
                commodities and products donated for food assistance;
                    ``(C) adjusting products and formulations,
                including potential introduction of new fortificants
                and products, as necessary to cost effectively meet
                nutrient needs of target populations;
                    ``(D) testing prototypes;
                    ``(E) developing new program guidance to facilitate
                improved matching of products to purposes having
                nutritional intent, including an updated commodity
                reference guide and decision tools;
                    ``(F) developing enhanced guidance, in coordination
                with the Coordinator of United States Government
                Activities to Combat HIV/AIDS Globally and PEPFAR, to
                support the allocation of food commodities and products
                for nutrition support in HIV programming, using
                standardized indicators of impact;
                    ``(G) providing improved guidance to implementing
                partners on how to address nutritional deficiencies
                that emerge among recipients for whom food assistance
                is the sole source of diet in emergency programs that
                extend beyond one year;
                    ``(H) considering options for using United States-
                produced food fortification packages, including vitamin
                and mineral mixes, to fortify local foods in recipient
                countries, as appropriate; and
                    ``(I) evaluating, in appropriate program settings
                and as necessary, the performance and cost-
                effectiveness of new or modified specialized food
                products and program approaches designed to meet the
                nutritional needs of the most vulnerable groups.''.

SEC. 5. FOOD AID CONSULTATIVE GROUP.

    (a) Membership.--Section 205(b) of the Food for Peace Act (7 U.S.C.
1725(b)) is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period and inserting
        ``; and''; and
            (3) by adding at the end the following:
            ``(8) nutrition science experts from academia and
        nongovernmental organizations.''.
    (b) Coordination and Oversight.--Section 205 of the Food for Peace
Act (7 U.S.C. 1725) is amended--
            (1) by redesignating subsections (d), (e), and (f) as
        subsections (e), (f), and (g), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Coordination and Oversight.--
            ``(1) In general.--The Administrator shall work within the
        Group to take the actions described in paragraph (2) to
        increase coordination and oversight of food assistance programs
        established and implemented under this Act, with a primary
        focus on improving quality control and cost effectiveness.
            ``(2) Actions described.--The actions referred to in
        paragraph (1) are the following:
                    ``(A) Explore and test options for improved
                packaging and storage of products to improve shelf
                life, promote recommended usage by intended
                beneficiaries, and oversee field-testing of products.
                    ``(B) Work closely with the Department of
                Agriculture, to undertake reforms in commodity
                acquisition and supply chain management, drawing on
                best commercial practices for vendor selection, quality
                assurance standards, overall management of the supply
                chain, and auditing of food aid commodity suppliers.
                    ``(C) Develop mechanisms and partnerships to
                facilitate more private sector development and
                innovation in food aid products, packaging, and
                delivery in order to improve the cost-effectiveness,
                nutritional quality, and overall acceptability of the
                product.
                    ``(D) Provide guidance to implementing partners on
                whether and how best to use food aid commodities, such
                as new specialized food products, including guidance on
                targeting strategies to ensure that the products reach
                their intended recipients.
                    ``(E) As appropriate, work to strengthen monitoring
                of commodity quality by identifying and tracking key
                quality indicators to determine the full extent of
                quality problems, including emerging concerns.
                    ``(F) Establish processes and system-wide protocols
                for effective monitoring and evaluation of impact, to
                inform improved program design and address improving
                cost-effectiveness.''.

SEC. 6. STRATEGY AND REPORT.

    (a) Strategy.--The Administrator shall ensure that any United
States Government strategy relating to global food security includes a
description of how food assistance programs carried out under the Food
for Peace Act will contribute to, and be integrated with, such
strategy.
    (b) Report.--The Administrator shall ensure that comprehensive
information regarding budgets and expenditures, monitoring and
evaluation, policy, and coordination of food assistance programs
carried out under the Food for Peace Act is included, as appropriate,
in relevant reports submitted to Congress pursuant to the Foreign
Assistance Act of 1961 and Acts making appropriations for the
Department of State, foreign operations, and related programs.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the United States Agency for International
        Development.
            (2) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the
                Committee on Appropriations of the House of
                Representatives; and
                    (B) the Committee on Foreign Relations and the
                Committee on Appropriations of the Senate.

SEC. 8. FUNDING.

    Nothing in this Act or any amendment made by this Act shall be
construed to authorize the appropriation of amounts to carry out this
Act or any amendment made by this Act.

Summary: International Food Assistance Improvement Act of 2012 - Amends the Food for Peace Act to direct the Administrator of the US Agency for International Development (USAID) to: (1) improve the nutritional quality of US food assistance, particularly for groups such as pregnant and lactating mothers, children under the age of five, and beneficiaries under the President's Emergency Fund for AIDS Relief in Africa. And (2) work within the Food Aid Consultative Group to increase coordination and oversight of food assistance programs.

To direct the Administrator of the United States Agency for International Development to take appropriate actions to improve the nutritional quality, quality control, and cost effectiveness of United States food assistance, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tax Equity Act of 1993''.

SEC. 2. REGIONAL COST-OF-LIVING ADJUSTMENTS IN INDIVIDUAL INCOME TAX
              RATES.

    (a) General Rule.--Subsection (f) of section 1 of the Internal
Revenue Code of 1986 (relating to adjustments in tax tables so that
inflation will not result in tax increases) is amended by adding at the
end thereof the following new paragraphs:
            ``(8) Regional cost-of-living adjustments.--
                    ``(A) In general.--In the case of an individual,
                the rate table otherwise in effect under this section
                for any taxable year (determined after the application
                of paragraph (1)) shall be further adjusted as provided
                in subparagraph (B).
                    ``(B) Method of making regional adjustment.--The
                rate table otherwise in effect under this section with
                respect to any individual for any taxable year shall be
                adjusted as follows:
                            ``(i) The minimum and maximum dollar
                        amounts otherwise in effect for each rate
                        bracket shall be multiplied by the applicable
                        multiplier (for the calendar year in which the
                        taxable year begins) which applies to the
                        statistical area in which the individual's
                        primary place of abode during the taxable year
                        is located.
                            ``(ii) The rate applicable to any rate
                        bracket (as adjusted by clause (i)) shall not
                        be changed.
                            ``(iii) The amount setting forth the tax
                        shall be adjusted to the extent necessary to
                        reflect the adjustments in the rate brackets.
                If any amount determined under clause (i) is not a
                multiple of $50, such amount shall be rounded to the
                nearest multiple of $50.
            ``(9) Determination of multipliers.--
                    ``(A) In general.--Not later than December 15 of
                each calendar year, the Secretary shall prescribe an
                applicable multiplier for each statistical area of the
                United States which shall apply to taxable years
                beginning during the succeeding calendar year.
                    ``(B) Determination of multipliers.--
                            ``(i) For each statistical area where the
                        cost-of-living differential for any calendar
                        year is greater than 125 percent, the
                        applicable multiplier for such calendar year is
                        90 percent of such differential.
                            ``(ii) For each statistical area where the
                        cost-of-living differential for any calendar
                        year exceeds 97 percent but does not exceed 125
                        percent, the applicable multiplier for such
                        calendar year is 1.05.
                            (iii) For each statistical area not
                        described in clause (i) or (ii), the applicable
                        multiplier is the cost-of-living differential
                        for the calendar year.
                    ``(C) Cost-of-living differential.--The cost-of-
                living differential for any statistical area for any
                calendar year is the percentage determined by
                dividing--
                            ``(i) the cost-of-living for such area for
                        the preceding calendar year; by
                            ``(ii) the average cost-of-living for the
                        United States for the preceding calendar year.
                    ``(D) Cost-of-living for area.--
                            ``(i) In general.--For each calendar year
                        beginning after 1993, the Secretary of Labor
                        shall determine and publish a cost-of-living
                        index for each statistical area.
                            ``(ii) Methodology.--The cost-of-living
                        index determined under clause (i) for any
                        statistical area for any calendar year shall be
                        based on average market prices for the area for
                        the 12-month period ending on August 31 of such
                        calendar year. The market prices taken into
                        account under the preceding sentence shall be
                        selected and used under the same methodology as
                        is used by the Secretary of Labor in developing
                        the Consumer Price Index for All Urban
                        Consumers.
                    ``(E) Statistical area.--For purposes of this
                subsection the term `statistical area' means
                            ``(i) any metropolitan statistical area as
                        defined by the Secretary of Commerce, and
                            ``(ii) the portion of any State not within
                        a metropolitan statistical area as so defined.
            ``(10) Areas outside the united states.--The area
        applicable multiplier for any area outside the United States
        shall be 1.''
    (b) Effective Date.--
            (1) In general.--The amendment made by this section shall
        apply to taxable years beginning after December 31, 1993.
            (2) Transition rule.--Notwithstanding section 1(f)(9)(A) of
        the Internal Revenue Code (as added by this section), the date
        for prescribing applicable multipliers for taxable years
        beginning in calendar year 1994 shall be the date 1 year after
        the date of the enactment of this Act.

Summary: Tax Equity Act of 1993 - Amends the Internal Revenue Code to provide for regional cost-of-living adjustments in individual income tax rates.

Tax Equity Act of 1993


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Health Care Protection Act of
1997''.

SEC. 2. CLASSIFICATION AS RURAL REFERRAL CENTERS.

    (a) Prohibiting Denial of Request for Reclassification on Basis of
Comparability of Wages.--
            (1) In general.--Section 1886(d)(10)(D) of the Social
        Security Act (42 U.S.C. 1395ww(d)(10)(D)) is amended--
                    (A) by redesignating clause (iii) as clause (iv);
                and
                    (B) by inserting after clause (ii) the following
                new clause:
    ``(iii) Under the guidelines published by the Secretary under
clause (i), in the case of a hospital which has ever been classified by
the Secretary as a rural referral center under paragraph (5)(C), the
Board may not reject the application of the hospital under this
paragraph on the basis of any comparison between the average hourly
wage of the hospital and the average hourly wage of hospitals in the
area in which it is located.''.
            (2) Effective date.--Notwithstanding section
        1886(d)(10)(C)(ii) of the Social Security Act, a hospital may
        submit an application to the Medicare Geographic Classification
        Review Board during the 60-day period beginning on the date of
        the enactment of this Act requesting a change in its
        classification for purposes of determining the area wage index
        applicable to the hospital under section 1886(d)(3)(D) of such
        Act for fiscal year 1998 if the hospital would be eligible for
        such a change in its classification under the standards
        described in section 1886(d)(10)(D) (as amended by paragraph
        (1)) but for its failure to meet the deadline for applications
        under section 1886(d)(10)(C)(ii).
            (3) Reference to budget neutrality provision.--For a
        requirement that the Secretary of Health and Human Services
        make a proportional adjustment in the Medicare standardized
        payment amounts for inpatient hospital services to assure that
        geographic reclassifications of hospitals resulting from this
        subsection do not result in an increase in aggregate payments
        under section 1886 of the Social Security Act, see subsection
        (d)(8)(D) of such section.
    (b) Continuing Treatment of Previously Designated Centers.--
            (1) In general.--Any hospital classified as a rural
        referral center by the Secretary of Health and Human Services
        under section 1886(d)(5)(C) of the Social Security Act for
        fiscal year 1991 shall be classified as such a rural referral
        center for fiscal year 1998 and each subsequent fiscal year.
            (2) Budget neutrality.--The provisions of section
        1886(d)(8)(D) of the Social Security Act shall apply to
        reclassifications made pursuant to paragraph (1) in the same
        manner as such provisions apply to a reclassification under
        section 1886(d)(10) of such Act.

SEC. 3. HOSPITAL GEOGRAPHIC RECLASSIFICATION PERMITTED FOR PURPOSES OF
              DISPROPORTIONATE SHARE PAYMENT ADJUSTMENTS.

    (a) In General.--Section 1886(d)(10)(C)(i) of the Social Security
Act (42 U.S.C. 1395ww(d)(10)(C)(i)) is amended--
            (1) by striking ``or'' at the end of subclause (I);
            (2) by striking the period at the end of subclause (II) and
        inserting ``, or'';
            (3) by inserting after subclause (II) the following:
            ``(III) eligibility for and amount of additional payment
        amounts under paragraph (5)(F).''; and
            (4) by adding at the end the following:
``Any application approved for purposes of subclause (I) for a fiscal
year is deemed to be approved for purposes of subclause (III) for that
fiscal year.''.
    (b) Effective Date.--Notwithstanding section 1886(d)(10)(C)(ii) of
the Social Security Act, a hospital may submit an application to the
Medicare Geographic Classification Review Board during the 60-day
period beginning on the date of the enactment of this Act requesting a
change in its classification for purposes of determining the
disproportionate share hospital payment applicable to the hospital
under section 1886(d)(5)(F) of such Act for fiscal year 1998 if the
hospital would be eligible for such a change in its classification
under the guidelines described in subsection (c) of this section but
for its failure to meet the deadline for applications under section
1886(d)(10(C)(ii).
    (c) Applicable Guidelines.--Such Board shall apply the guidelines
established for reclassification under subclause (I) of section
1886(d)(10)(C)(i) of such Act to reclassification under subclause (III)
of such section until the Secretary of Health and Human Services
promulgates separate guidelines for reclassification under such
subclause (III).
    (d) Reference to Budget Neutrality Provision.--For a requirement
that the Secretary of Health and Human Services make a proportional
adjustment in the medicare standardized payment amounts for inpatient
hospital services to assure that geographic reclassifications of
hospitals resulting from this section do not result in an increase in
aggregate payments under section 1886 of the Social Security Act, see
subsection (d)(8)(D) of such section.

SEC. 4. PERMITTING REBASING OF PAYMENT FOR SOLE COMMUNITY HOSPITALS
              USING FISCAL YEARS 1994 AND 1995 COSTS.

    Section 1886(b)(3) of the Social Security Act (42 U.S.C.
1395ww(b)(3)) is amended--
            (1) in subparagraph (C), by inserting ``subject to
        subparagraph (F),'' after ``subsection (d)(5)(D)(iii)),''; and
            (2) by adding at the end the following new subparagraph:
    ``(F) In applying subparagraph (C) with respect to discharges
occurring in fiscal year 1998 and each subsequent fiscal year, in no
case shall the target amount for a hospital for fiscal year 1998 be
less than the average of--
            ``(i) the allowable operating costs of inpatient hospital
        services recognized under this title for the hospital's 12-
        month cost reporting period (if any) beginning during fiscal
        year 1994 increased (in a compounded manner) by the applicable
        percentage increase under subparagraph (B)(iv) for each of
        fiscal years 1995, 1996, 1997, and 1998, and
            ``(ii) the allowable operating costs of inpatient hospital
        services recognized under this title for the hospital's 12-
        month cost reporting period (if any) beginning during fiscal
        year 1995 increased (in a compounded manner) by the applicable
        percentage increase under subparagraph (B)(iv) for each of
        fiscal years 1996, 1997, and 1998.''.

Summary: Rural Health Care Protection Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act, with respect to a hospital which has ever been classified as a rural referral center, to prohibit denial of a request for its reclassification on the basis of any comparison between its average hourly wage and the average hourly wages of hospitals in the area in which it is located. Declares that any hospital classified as a rural referral center by the Secretary of Health and Human Services for FY 1991 shall be so classified for FY 1998 and each subsequent fiscal year. Permits hospital geographic reclassification for purposes of disproportionate share payment adjustments. Permits rebasing of Medicare payment for sole community hospitals using FY 1994 and 1995 costs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Senior Nutrition Act of 2002''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) senior citizens in the United States have significant
        out-of-pocket costs for medical expenses, especially for
        prescription drugs;
            (2) 3 in 5 Medicare beneficiaries do not have dependable,
        affordable, prescription drug coverage;
            (3) as medical costs continue to rise, many senior citizens
        are forced to make the difficult choice between purchasing
        prescription drugs and purchasing food;
            (4) the commodity supplemental food program provides
        supplemental nutritious foods to senior citizens in a number of
        States and localities;
            (5) under the commodity supplemental food program--
                    (A) women, infants, and children with household
                incomes up to 185 percent of the Federal Poverty Income
                Guidelines published annually by the Department of
                Health and Human Services may be eligible for
                supplemental foods; but
                    (B) senior citizens are ineligible for supplemental
                foods if their household incomes are greater than 130
                percent of the Federal Poverty Income Guidelines;
            (6) during fiscal year 2000--
                    (A) an average of more than 388,000 people each
                month participated in the commodity supplemental food
                program; and
                    (B) the majority of those participants, 293,000,
                were senior citizens; and
            (7) in order to serve the neediest senior citizens, taking
        into account their high out-of-pocket medical (including
        prescription drug) expenses, the eligibility requirements for
        the commodity supplemental food program should be modified to
        make more senior citizens eligible for the supplemental foods
        provided under the program.

SEC. 3. ELIGIBILITY OF ELDERLY PERSONS UNDER THE COMMODITY SUPPLEMENTAL
              FOOD PROGRAM.

    (a) In General.--Section 5 of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) is
amended--
            (1) in the first sentence of subsection (d)(2)--
                    (A) by striking ``provide not less'' and inserting
                ``provide, to the Secretary of Agriculture, not less'';
                    (B) by inserting ``, or such greater quantities of
                cheese and nonfat dry milk as the Secretary determines
                are necessary,'' after ``nonfat dry milk''; and
                    (C) by striking ``in each of the fiscal years 1991
                through 2002 to the Secretary of Agriculture'' and
                inserting ``in each fiscal year'';
            (2) in subsection (i)--
                    (A) by redesignating paragraphs (1), (2), and (3)
                as subparagraphs (A), (B), and (C), respectively, and
                indenting appropriately; and
                    (B) by striking ``(i) Each'' and inserting the
                following:
    ``(i) Programs Serving Elderly Persons.--
            ``(1) Eligibility.--An elderly person shall be eligible to
        participate in a commodity supplemental food program serving
        elderly persons if the elderly person is at least 60 years of
        age and--
                    ``(A) is eligible for food stamp benefits under the
                Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); or
                    ``(B) has a household income that is less than or
                equal to 185 percent of the most recent Federal Poverty
                Income Guidelines published by the Department of Health
                and Human Services.
            ``(2) Provision of information.--Each''; and
            (3) by adding at the end the following:
    ``(m) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated
        to carry out the commodity supplemental food program--
                    ``(A) $120,000,000 for fiscal year 2003;
                    ``(B) $140,000,000 for fiscal year 2004;
                    ``(C) $160,000,000 for fiscal year 2005;
                    ``(D) $180,000,000 for fiscal year 2006;
                    ``(E) $200,000,000 for fiscal year 2007; and
                    ``(F) such sums as are necessary for fiscal year
                2008 and each fiscal year thereafter.
            ``(2) Limitation on use of funds.--None of the funds made
        available under paragraph (1) shall be available to reimburse
        the Commodity Credit Corporation for commodities donated to the
        commodity supplemental food program.''.
    (b) Conforming Amendments.--
            (1) Section 5(a) of the Agriculture and Consumer Protection
        Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) is amended
        by striking ``Secretary (1) may'' and all that follows through
        ``(2) shall'' and inserting ``Secretary shall''.
            (2) Section 5(g) of the Agriculture and Consumer Protection
        Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) is amended
        by striking ``(as defined by the Secretary)'' and inserting
        ``described in subsection (i)(1)''.

Summary: Senior Nutrition Act of 2002 - Amends the Agriculture and Consumer Protection Act of 1973 to make a person who is at least 60 years old eligible for the commodity supplemental food program (program) if such person: (1) is eligible for the food stamp program. Or (2) has a household income that is not more than 185 percent of the federal poverty income guidelines. Authorizes permanent program appropriations.

To amend the Agriculture and Consumer Protection Act of 1973 to assist the neediest of senior citizens by modifying the eligibility criteria for supplemental foods provided under the commodity supplemental food program to take into account the extraordinarily high out-of-pocket medical expenses that senior citizens pay, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Secret Service
Accountability and Improvement Act of 2014''.

SEC. 2. FINDINGS.

    (a) In General.--Congress finds the following:
            (1) Several recent failures have drawn negative attention
        to the protective mission of the United States Secret Service.
        Such key failures include lapses in responding appropriately to
        potential threats to the White House complex, United States
        Secret Service personnel exhibiting conduct that is unbecoming
        to the Service in several instances, and reports of United
        States Secret Service personnel misusing the authorities and
        resources of the Service.
            (2) For example, on September 19, 2014, an individual
        obtained unauthorized access to the White House. Such access
        was obtained after failures in five security layers by the
        United States Secret Service. In another example, on November
        11, 2011, an individual fired multiple shots from a
        semiautomatic rifle at the White House complex. It was revealed
        that a total of seven bullets struck the exterior of the
        building. The Service failed to fully investigate the incident
        in a timely manner or to disclose it.
            (3) On March 23, 2014, a Special Agent assigned to the
        Counter Assault Team was found intoxicated to the point of
        unconsciousness in a hotel in Amsterdam in advance of a
        Presidential visit. In another example, on April 11, 2012,
        conduct unbecoming to United States Secret Service personnel
        was exhibited before a Presidential visit to Cartagena,
        Columbia. Nine personnel were involved in serious misconduct.
            (4) Surveillance personnel from the Washington field office
        were diverted in 2011 from supporting the protective mission at
        the request of senior leadership in order to provide protection
        to a United States Secret Service employee at her home
        following a neighborhood dispute. Such a diversion was outside
        the scope of the Service's duties and violated the Standards of
        Ethical Conduct for Employees of the Executive Branch.
    (b) Further Findings.--Congress further finds that the protection
of the President, Vice President, First and Second Families, and former
Presidents is a matter of national security. Any issues that distract
from the protective mission of the United States Secret Service are a
threat to the national security of the United States.

SEC. 3. ESTABLISHMENT.

    There is established in the legislative branch an independent
advisory panel to--
            (1) examine the efficiency and effectiveness of the
        leadership structure, protocols, training, tools, and
        capabilities of the Department of Homeland Security's mission
        to protect national leaders, visiting heads of state and
        government, designated sites, and special events of national
        significance (in accordance with paragraph (1) of section
        3056(e) of title 18 United States Code); and
            (2) make recommendations to improve the overall efficiency
        and effectiveness of the United States Secret Service.

SEC. 4. MEMBERSHIP.

    (a) In General.--The independent advisory panel (in this Act
referred to as the ``Panel'') established pursuant to section 3 shall
be composed of eight members, as follows:
            (1) Two members shall be appointed by the Speaker of the
        House of Representatives, in coordination with the chairs of
        the Committee on the Judiciary and the Committee on Homeland
        Security of the House of Representatives. Only one of such
        members may be from the same political party as the Speaker of
        the House of Representatives.
            (2) Two members shall be appointed by the majority leader
        of the Senate, in coordination with the chairs of the Committee
        on the Judiciary and the Committee on Homeland Security and
        Governmental Affairs of the Senate. Only one of such members
        may be from the same political party as the majority leader of
        the Senate.
            (3) One member shall be appointed by the minority leader of
        the House of Representatives, in coordination with the ranking
        members of the Committee on the Judiciary and the Committee on
        Homeland Security of the House of Representatives.
            (4) One member shall be appointed by the minority leader of
        the Senate, in coordination with the ranking members of the
        Committee on the Judiciary and the Committee on Homeland
        Security and Governmental Affairs of the Senate.
            (5) Two members shall be appointed by the President, in
        consultation with the Secretary of Homeland Security. Only one
        of such members may be from the same political party as the
        President.
    (b) Prohibition.--Except as provided in subsection (a), members of
the Panel may not be current appointees of the President's
Administration or Members of Congress, in order to ensure objectivity
of the Panel's assessments. No member may be or have been an employee
of the United States Secret Service at any point in their career.
    (c) Deadline for Appointments.--All appointments to the Panel shall
be made not later than 90 days after the date of the enactment of this
Act.
    (d) Co-Chairs.--The Panel shall have two co-chairs, as follows:
            (1) A co-chair who shall be a member of the Panel
        designated by the Speaker of the House of Representatives.
            (2) A co-chair who shall be a member of the Panel
        designated by the majority leader of the Senate.
    (e) Vacancy.--In the event of a vacancy on the Panel, the
individual appointed to fill the vacant seat shall be--
            (1) subject to paragraph (2), appointed by the same officer
        (or the officer's successor) who made the appointment to the
        seat when the Panel was first established; or
            (2) if the officer's successor is of a party other than the
        party of the officer who made the initial appointment when the
        Panel was first established, chosen in consultation with the
        senior officers of the House of Representatives and the Senate
        of the party which is the party of the officer who made such
        initial appointment.
    (f) Government Employees.--Members of the Panel who are officers or
employees of the Federal Government shall serve without additional pay
(or benefits in the nature of compensation) for service as a member of
the Panel.
    (g) Initial Meeting.--The Panel shall meet and begin the operations
of the Panel not later than 60 days after the appointment of all Panel
members under subsection (a).

SEC. 5. DUTIES.

    The Panel shall assess the current leadership structure, protocols,
training, tools, and capabilities of the United States Secret Service,
including assessing--
            (1) the unity of effort between the divisions of the United
        States Secret Service, law enforcement agencies, and other
        components of the Department of Homeland Security related to
        the protective and investigative missions, including whether
        mission duplication with other Federal entities exists;
            (2) the impact of United States Secret Service personnel
        culture on the effectiveness and efficiency of the Service,
        including Special Agent and Uniformed Division retention;
            (3) the impact any leadership or security deficiencies have
        on the threat from acts of terrorism or other security
        incidents;
            (4) identification of all security breaches at locations
        under United States Secret Service protection in the past five
        years;
            (5) the extent to which current resources provide for
        accomplishing the mission of the United States Secret Service;
            (6) the effectiveness of communications and dissemination
        of homeland security information within the United States
        Secret Service and with other law enforcement entities in
        routine as well as emergency situations; and
            (7) any necessary recommendations for congressional
        consideration.

SEC. 6. POWERS AND AUTHORITIES.

    (a) In General.--The Panel or, on the authority of the Panel, any
portion thereof, may, for the purpose of carrying out this section--
            (1) hold such hearings and sit and act at such times and
        places, take such testimony, receive such evidence, administer
        such oaths (provided that the quorum for a hearing shall be two
        members of the Panel); and
            (2) subject to subsection (b), require by subpoena or
        otherwise provide for the attendance and testimony of such
        witnesses and the production of such books, records,
        correspondence, memoranda, papers, and documents, as the Panel,
        or such portion thereof, may determine advisable.
    (b) Open to the Public.--Hearings and other activities conducted
under subsection (a) shall be open to the public unless the Panel, or,
on the authority of the Panel, any portion thereof, determines that
such is not appropriate, including for reasons relating to the
disclosure of information or material regarding the national security
interests of the United States or the disclosure of sensitive law
enforcement data.
    (c) Subpoenas.--
            (1) Issuance.--
                    (A) In general.--A subpoena may be issued under
                this subsection only--
                            (i) by the two co-chairs; or
                            (ii) by the affirmative recorded vote of
                        six members of the Panel.
                    (B) Signature.--Subpoenas issued under this
                subsection may be--
                            (i) issued under the signature of the two
                        co-chairs or any member designated by a
                        majority of the Panel; and
                            (ii) served by any person designated by the
                        two co-chairs or by any member designated by a
                        majority of the Panel.
            (2) Enforcement.--
                    (A) In general.--In the case of contumacy or
                failure to obey a subpoena issued under this
                subsection, the United States district court for the
                judicial district in which the subpoenaed person
                resides, is served, or may be found, or where the
                subpoena is returnable, may issue an order requiring
                such person to produce documentary or other evidence.
                Any failure to obey the order of the court may be
                punished by the court as contempt of that court.
                    (B) Additional enforcement.--In the case of any
                failure of any witness to comply with any subpoena, the
                Panel may, by majority vote, certify a statement of
                fact constituting such failure to the appropriate
                United States attorney, who may bring the matter before
                a grand jury for its action, under the same statutory
                authority and procedures as if the United States
                attorney had received a certification under sections
                102 through 104 of the Revised Statutes of the United
                States (2 U.S.C. 192 through 194).
    (d) Personnel.--
            (1) In general.--The Panel shall have the authorities
        provided in section 3161 of title 5, United States Code, and
        shall be subject to the conditions specified in such section,
        except to the extent that such conditions would be inconsistent
        with the requirements of this section.
            (2) Compensation.--The co-chairs, in accordance with rules
        agreed upon by the Panel, may appoint and fix the compensation
        of a staff director and such other personnel as may be
        necessary to enable the Panel to carry out its functions,
        without regard to the provisions of title 5, United States
        Code, governing appointments in the competitive service, and
        without regard to the provisions of chapter 51 and subchapter
        III of chapter 53 of such title relating to classification and
        General Schedule pay rates, except that no rate of pay fixed
        under this paragraph may exceed the equivalent of that payable
        for a position at level V of the Executive Schedule under
        section 5316 of title 5, United States Code.
            (3) Detailees.--Any employee of the Federal Government may
        be detailed to the Panel without reimbursement from the Panel,
        and such employee shall retain the rights, status, and
        privileges of such employee's regular employment without
        interruption.
            (4) Expert and consultant services.--The Panel is
        authorized to procure the services of experts and consultants
        in accordance with section 3109 of title 5, United States Code,
        but at rates not to exceed the daily rate paid a person
        occupying a position at level IV of the Executive Schedule
        under section 5315 of title 5, United States Code.
            (5) Volunteer services.--Notwithstanding section 1342 of
        title 31, United States Code, the Panel may accept and use
        voluntary and uncompensated services as the Panel determines
        necessary.
    (e) Security Clearances.--The appropriate departments or agencies
of the Federal Government shall cooperate with the Panel in
expeditiously providing to the Panel members and staff appropriate
security clearances to the extent possible pursuant to existing
procedures and requirements, except that no person shall be provided
with access to classified information under this section without the
appropriate security clearances.
    (f) Contracting.--The Panel may, to such extent and in such amounts
as are provided in appropriation Acts, enter into contracts to enable
the Panel to carry out its duties under this Act.
    (g) Postal Services.--The Panel may use the United States mails in
the same manner and under the same conditions as departments and
agencies of the Federal Government.
    (h) Support Services.--Upon request of the Panel, the Administrator
of General Services shall provide the Panel, on a reimbursable basis,
with the administrative support services necessary for the Panel to
carry out its duties under this Act. Such administrative services may
include human resource management, budget, leasing, accounting, and
payroll services.
    (i) Rules of Procedure.--The Panel may establish rules for the
conduct of the Panel's business, if such rules are not inconsistent
with this Act or other applicable law.
    (j) Nonapplicability of the Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Panel.
    (k) Termination.--The Panel shall terminate on the date that is 60
days after the date of the submission of its final report.

SEC. 7. REPORTS TO CONGRESS.

    (a) Interim Report.--Not later than nine months after the date of
the appointment of all the members of the Panel, the Panel shall submit
to the Committee on the Judiciary and the Committee on Homeland
Security of the House of Representatives and the Committee on the
Judiciary and the Committee on Homeland Security and Governmental
Affairs of the Senate an interim report, including the results and
findings of the assessments carried out in accordance with section 5.
    (b) Other Reports and Briefings.--The Panel may from time to time
submit to the committees specified in subsection (a) such other reports
and briefings relating to the assessments carried out in accordance
with section 5 as the Panel considers appropriate. Such committees may
request information on the Panel's progress as it conducts its work.
    (c) Final Report.--Not later than eighteen months after the date of
the appointment of all the members of the Panel, the Panel shall submit
to the committees specified in subsection (a) a final report on the
assessments carried out in accordance with section 5. Such final report
shall--
            (1) include the findings of the Panel;
            (2) identify lessons learned related to United States
        Secret Service leadership issues; and
            (3) include specific recommendations, including those for
        congressional consideration, relating to--
                    (A) improving the efficiency and effectiveness of
                the leadership structure, protocols, training, tools,
                and capabilities of the Department of Homeland
                Security's mission to protect national leaders,
                visiting heads of state and government, designated
                sites, and special events of national significance (in
                accordance with paragraph (1) of section 3056(e) of
                title 18 United States Code);
                    (B) improving unity of effort between the divisions
                of the United States Secret Service and other law
                enforcement agencies and other components of the
                Department of Homeland Security relating to the
                protective and, as applicable, investigative missions,
                including whether duplication with other Federal
                entities exists;
                    (C) eliminating barriers to effective
                communications in routine as well as emergency
                situations;
                    (D) identifying and mitigating cultural issues
                within the United States Secret Service that detract
                from the mission of the Service; and
                    (E) improvements needed to mitigate risks based on
                past security breaches.

Summary: United States Secret Service Accountability and Improvement Act of 2014 - Establishes in the legislative branch an independent advisory panel to: (1) examine the efficiency and effectiveness of the leadership structure, protocols, training, tools, and capabilities of the Department of Homeland Security's (DHS) mission to protect national leaders, visiting heads of state and government, designated sites, and special events of national significance. And (2) make recommendations to improve the overall efficiency and effectiveness of the United States Secret Service. Directs the panel to assess the current leadership structure, protocols, training, tools, and capabilities of the Service, including assessing: the unity of effort between the divisions of the Service, law enforcement agencies, and other components of DHS related to the protective and investigative missions. The impact of Service personnel culture on its effectiveness and efficiency. The impact any leadership or security deficiencies have on the threat from acts of terrorism or other security incidents. Identification of all security breaches at locations under Service protection in the past five years. The extent to which current resources provide for accomplishing its mission, and the effectiveness of communications and dissemination of homeland security information within the Service and with other law enforcement entities in routine and emergency situations. Sets forth reporting requirements, including requiring the final report to identify lessons learned regarding Service leadership issues and to include recommendations for improving efficiency and effectiveness, improving unity of effort, eliminating barriers to effective communications, identifying and mitigating culture issues that detract from its mission, and mitigating risks based on past security breaches.