SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Health Task Force Act of
2012''.

SEC. 2. TASK FORCE ON ENVIRONMENTAL HEALTH RISKS AND SAFETY RISKS TO
              CHILDREN.

    (a) Establishment.--The Secretary of Health and Human Services and
the Administrator of the Environmental Protection Agency, acting
jointly, shall establish and maintain a permanent task force, to be
known as the Task Force on Environmental Health Risks and Safety Risks
to Children (in this Act referred to as the ``Task Force'').
    (b) Membership.--The Task Force shall be composed of the following
officials (or their designees):
            (1) The Secretary of Health and Human Services, who shall
        serve as a Co-Chair of the Task Force.
            (2) The Administrator of the Environmental Protection
        Agency, who shall serve as a Co-Chair of the Task Force.
            (3) The Secretary of Education.
            (4) The Secretary of Labor.
            (5) The Attorney General of the United States.
            (6) The Secretary of Energy.
            (7) The Secretary of Housing and Urban Development.
            (8) The Secretary of Agriculture.
            (9) The Secretary of Transportation.
            (10) The Secretary of Defense.
            (11) The Secretary of the Interior.
            (12) The Director of the Office of Management and Budget.
            (13) The Chair of the Council on Environmental Quality.
            (14) The Chair of the Consumer Product Safety Commission.
            (15) Such other officials of Federal departments and
        agencies as the Secretary of Health and Human Services and the
        Administrator of the Environmental Protection Agency, acting
        jointly, may designate or invite (as appropriate) to serve on
        the Task Force.
    (c) Stakeholders.--The Secretary of Health and Human Services and
the Administrator of the Environmental Protection Agency, acting
jointly, shall, as appropriate, invite representatives of stakeholders
to attend meetings of the Task Force, appear before the Task Force, and
file statements with the Task Force, subject to such requirements as
the Secretary and Administrator may determine.
    (d) Functions.--The Task Force shall recommend to the President and
the Congress Federal strategies for addressing environmental health
risks and safety risks to children in the United States, within
projected budgetary limits, including the following:
            (1) Adoption of action plans, including multiyear and
        annual priorities, to address the principal environmental
        health risks and safety risks to children.
            (2) Initiatives that the Federal Government has undertaken
        or will undertake in addressing the principal environmental
        health risks and safety risks to children.
            (3) Recommendations on how to improve cross-agency
        implementation of actions, including cross-agency budgeting, to
        address environmental health risks and safety risks to
        children.
            (4) Recommendations for a coordinated research agenda for
        the Federal Government to address environmental health risks
        and safety risks to children.
            (5) Recommendations for appropriate partnerships among
        Federal, State, local, and tribal governments and the private,
        academic, and nonprofit sectors.
            (6) Proposed ways to enhance public outreach and
        communication to assist families in evaluating environmental
        health risks and safety risks to children and in making
        informed consumer choices.
            (7) Proposed ways to strengthen the data system in order to
        identify and track development of rulemakings and other actions
        to ensure they comply with current policy on evaluating
        environmental health risks and safety risks to children.
    (e) Reports.--
            (1) Biennial reports.--Not later than July 31, 2013, and
        biennially thereafter, the Task Force shall submit to the
        President and the Congress, make publicly available, and
        disseminate widely a report including--
                    (A) the strategies developed and updated under
                subsection (d);
                    (B) in the case of reports subsequent to the first
                report, a description of the accomplishments of the
                Task Force since the preceding report;
                    (C) current national priorities for addressing
                environmental health risks and safety risks to children
                in the United States and any related emerging issues;
                    (D) updates on Federal research findings and
                research needs regarding environmental risks and safety
                risks to children;
                    (E) information submitted to the Task Force by
                Federal departments and agencies for inclusion in the
                report;
                    (F) appropriate recommendations by the Children's
                Health Protection Advisory Committee; and
                    (G) information submitted by stakeholders for
                inclusion in the report.
            (2) Additional reporting.--In addition to the biennial
        reports under paragraph (1), the Task Force--
                    (A) may, as appropriate, submit to the President
                and the Congress such additional reports and updates as
                necessary;
                    (B) shall make any such reports and updates
                publicly available; and
                    (C) shall disseminate widely any such reports and
                updates.
    (f) Meetings.--
            (1) In general.--The Task Force shall meet at least
        annually.
            (2) Notice.--The Task Force shall--
                    (A) publish in the Federal Register timely notice
                of each upcoming meeting of the Task Force; and
                    (B) provide for other types of public notice to
                ensure that all interested persons receive timely
                notice of each upcoming meeting of the Task Force.
            (3) Minutes.--
                    (A) In general.--The Task Force shall record and
                maintain detailed minutes of each meeting of the Task
                Force, including--
                            (i) the meeting agenda;
                            (ii) a record of the persons present;
                            (iii) a complete and accurate description
                        of matters discussed at the meeting and
                        conclusions reached; and
                            (iv) copies of all reports received,
                        issued, or approved by the Task Force in
                        connection with the meeting.
                    (B) Public availability; copying.--The Task Force
                shall make such minutes available for public inspection
                and copying.
                    (C) Accuracy.--The Co-Chairs of the Task Force
                shall certify the accuracy of all such minutes.
    (g) Termination of Existing Task Force.--The Task Force on
Environmental Health Risks and Safety Risks to Children established by
Executive Order 13045 (April 21, 1997) is hereby terminated.
    (h) Authorization of Appropriations.--To carry out this Act, there
are authorized to be appropriated such sums as may be necessary for
fiscal year 2013 and each subsequent fiscal year.

Summary: Children's Health Task Force Act of 2012 - Directs the Secretary of Health and Human Services (HHS) and the Administrator of the Environmental Protection Agency establish and maintain a permanent Task Force on Environmental Health Risks and Safety Risks to Children, which shall recommend federal strategies for addressing environmental health risks and safety risks to children in the United States, within projected budgetary limits. Requires such strategies to include: (1) adoption of action plans, including multiyear and annual priorities, to address the principal risks, (2) government initiatives to address such risks. (3) recommendations on how to improve cross-agency implementation of actions to address such risks. (4) recommendations for a coordinated research agenda for the government to address such risks. (5) recommendations for partnerships among federal, state, local, and tribal governments and the private, academic, and nonprofit sectors. (6) proposed ways to enhance public outreach and communication to assist families in evaluating such risks and in making informed consumer choices. And (7) proposed ways to strengthen the data system in order to identify and track development of rulemakings and other actions to ensure they comply with current policy on evaluating such risks. Directs the Task Force to submit, make publicly available, and disseminate widely a biennial report including: (1) the strategies developed and updated, (2) a description of the Task Force's accomplishments, (3) current national priorities for addressing such risks and any related emerging issues, (4) updates on federal research findings and research needs regarding such risks, (5) information submitted by federal agencies and by stakeholders for inclusion in the report, and (6) recommendations by the Children's Health Protection Advisory Committee.

To provide for the establishment of the Task Force on Environmental Health Risks and Safety Risks to Children.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Device Safety Monitoring
Act''.

SEC. 2. DEVICE PILOT PROJECTS.

    (a) Postmarket Pilot.--Section 519 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360i) is amended by adding at the end the
following:
    ``(i) Pilot Projects.--
            ``(1) In general.--In order to provide timely and reliable
        information on the safety and effectiveness of cleared or
        approved devices, including responses to adverse events and
        malfunctions, and to advance the objectives of part 803 of
        title 21, Code of Federal Regulations (or successor
        regulations), and advance the objectives of, and evaluate
        innovative new methods of compliance with, this section and
        section 522, the Secretary shall, within one year of the date
        of enactment of this subsection, initiate one or more pilot
        projects for voluntary participation by a manufacturer or
        manufacturers of device or device type, or continue existing
        projects in accordance with paragraph (3), that meet all of the
        following requirements:
                    ``(A) Are designed to efficiently generate reliable
                and timely safety and active surveillance data for use
                by the Secretary or manufacturers of the devices that
                are involved in the pilot project.
                    ``(B) Inform the development of methods, systems,
                data criteria, and programs that could be used to
                support safety and active surveillance activities for
                devices not included in such project.
                    ``(C) Are designed and conducted in coordination
                with a comprehensive system for evaluating medical
                device technology that operates under a governing board
                with appropriate representation of stakeholders,
                including consumer groups and device manufacturers.
                    ``(D) Use electronic health data including claims
                data, patient survey data, and any other data, as the
                Secretary determines appropriate.
                    ``(E) Prioritize devices and device types that meet
                one or more of the following criteria:
                            ``(i) Devices and device types for which
                        the collection and analysis of real world
                        evidence regarding a device's safety and
                        effectiveness is likely to advance public
                        health.
                            ``(ii) Devices and device types that are
                        widely used.
                            ``(iii) Devices and device types, the
                        failure of which has significant health
                        consequences.
                            ``(iv) Devices and device types for which
                        the Secretary has received public
                        recommendations in accordance with paragraph
                        (2)(B) and has determined to meet one of the
                        criteria under clauses (i) through (iii) and is
                        appropriate for a project under this
                        subsection.
            ``(2) Participation.--The Secretary shall establish the
        conditions and processes for--
                    ``(A) authorizing voluntary participation of a
                manufacturer of a device in the pilot project described
                in paragraph (1); and
                    ``(B) facilitating public recommendations for
                devices to be prioritized under the pilot project
                described in paragraph (1), including requirements for
                the data necessary to support such recommendation.
            ``(3) Implementation.--The Secretary may satisfy the
        requirements of paragraphs (1) and (2) by continuing or
        expanding existing projects, or by beginning new projects, that
        meet the criteria of subparagraphs (A) through (E) of paragraph
        (1) or by entering into contracts, cooperative agreements,
        grants, or other appropriate agreements with public or private
        entities that have a significant presence in the United States,
        and meet the following additional conditions:
                    ``(A) If such public or private entities are a
                component of another organization, the entities have
                established appropriate security measures to maintain
                the confidentiality and privacy of the data described
                in paragraph (1)(D) and the entity shall not make an
                unauthorized disclosure of such data to the other
                components of the organization in breach of such
                confidentiality and privacy requirements.
                    ``(B) In the case of the termination or nonrenewal
                of such contracts, cooperative agreements, grants, or
                other appropriate agreements, the entities shall comply
                with each of the following:
                            ``(i) Continue to comply with the
                        confidentiality and privacy requirements under
                        this subsection with respect to all data
                        disclosed to the entity.
                            ``(ii) Return any data disclosed to such
                        entity under this subsection to which it would
                        not otherwise have access or, if returning the
                        data is not practicable, destroy the data.
                    ``(C) Have at least one of the following
                qualifications:
                            ``(i) Research, statistical, epidemiologic,
                        or clinical capability and expertise to conduct
                        and complete the activities under this
                        subsection, including the capability and
                        expertise to provide the Secretary access to
                        de-identified data consistent with the
                        requirements of this subsection.
                            ``(ii) An information technology
                        infrastructure in place to support electronic
                        data and operational standards to provide
                        security for such data, as appropriate.
                            ``(iii) Experience with, and expertise on,
                        the development of device safety and
                        effectiveness research and surveillance using
                        electronic health data.
                            ``(iv) Other expertise which the Secretary
                        determines necessary to fulfill the activities
                        under this subsection.
            ``(4) Review of contract in the event of a merger or
        acquisition.--The Secretary shall review a contract with a
        qualified entity under this subsection in the event of a merger
        or acquisition of the entity in order to ensure that the
        requirements under this subsection will continue to be met.
            ``(5) Report to congress.--Not later than 18 months after
        the date of enactment of this subsection, and annually
        thereafter, the Secretary shall submit to the Committee on
        Health, Education, Labor, and Pensions of the Senate and the
        Committee on Energy and Commerce of the House of
        Representatives a report containing a description of the pilot
        projects being conducted pursuant to this subsection, including
        for each pilot project--
                    ``(A) how the project is being implemented in
                accordance with paragraph (3) and the contractor or
                grantee as applicable;
                    ``(B) the number of manufacturers that have agreed
                to participate;
                    ``(C) the data sources used;
                    ``(D) the devices or device categories involved;
                and
                    ``(E) the number of patients involved.
            ``(6) Compliance with requirements for records or reports
        on devices.--The participation of a manufacturer in a pilot
        project under this subsection shall not affect the eligibility
        of such manufacturer to participate in any quarterly reporting
        program implemented under this Act. The Secretary may determine
        that, for the specified time period to be determined by the
        Secretary, a manufacturer's participation in a pilot project
        under this subsection may meet certain other requirements of
        this section or section 522 if--
                    ``(A) the project has demonstrated success in
                capturing relevant adverse event information; and
                    ``(B) the Secretary has established procedures for
                making adverse event and safety information collected
                from the pilot public, to the extent possible, if
                collected pursuant to this section or section 522.
            ``(7) Privacy requirements.--With respect to the pilot
        projects conducted pursuant to this subsection--
                    ``(A) individual identifiable health information
                shall not be disclosed when presenting any information
                from such project; and
                    ``(B) such projects shall comply with section
                264(c) of the Health Insurance Portability and
                Accountability Act of 1996 (42 U.S.C. 1320d-2 note) and
                sections 552 and 552a of title 5, United States Code.
            ``(8) Other compliance.--Any pilot program undertaken in
        coordination with the comprehensive system described in
        paragraph (1)(C), including pilot projects under this
        subsection, that relates to the use of real world evidence for
        devices shall comply with paragraph (1)(B), the conditions
        listed in subparagraphs (A) and (B) of paragraph (3), and
        paragraphs (4), (5), (6), and (7).
            ``(9) Sunset.--This subsection shall cease to have force or
        effect on October 1, 2022.''.
    (b) Report.--Not later than January 31, 2021, the Secretary of
Health and Human Services, acting through the Commissioner of Food and
Drugs, shall conduct a review through an independent third party to
evaluate the strengths, limitations, and appropriate use of evidence
collected pursuant to real world evidence pilot projects described in
the letters described in section 201(b) of the Medical Device User Fee
Amendments of 2017 and subsection (i) of section 519 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360i), as amended by subsection
(a), for informing premarket and postmarket decisionmaking for multiple
device types, and to determine whether the methods, systems, and
programs in such pilot projects efficiently generate reliable and
timely evidence about the effectiveness or safety surveillance of
devices.

Summary: Medical Device Safety Monitoring Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to support pilot projects in order to provide timely and reliable information on the safety and effectiveness of marketed medical devices. The projects must: (1) be designed to generate safety and active surveillance data, (2) inform support for safety and active surveillance activities, (3) be coordinated with a system for evaluating medical device technology that operates under a board with representation from consumer groups and device manufacturers, and (4) use electronic health data. The FDA may determine that a manufacturer's participation in a pilot project satisfies requirements regarding reporting or postmarket surveillance if the project captures adverse event information and the FDA has established procedures to publish safety information from the project. Not later than January 31, 2021, the FDA must evaluate real world evidence pilot projects, such as the ones supported by this bill, for their ability to inform decision-making and efficiently generate evidence about the safety or effectiveness of medical devices.

Medical Device Safety Monitoring Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Fraud Enforcement Act of
2009''.

SEC. 2. ENHANCEMENTS TO CRIMINAL LAWS RELATING TO HEALTH CARE FRAUD.

    (a) Fraud Sentencing Guidelines.--
            (1) Definition.--In this subsection, the term ``Federal
        health care offense'' has the meaning given that term in
        section 24 of title 18, United States Code, as amended by this
        Act.
            (2) Review and amendments.--Pursuant to the authority under
        section 994 of title 28, United States Code, and in accordance
        with this subsection, the United States Sentencing Commission
        shall--
                    (A) review the Federal Sentencing Guidelines and
                policy statements applicable to persons convicted of
                Federal health care offenses;
                    (B) amend the Federal Sentencing Guidelines and
                policy statements applicable to persons convicted of
                Federal health care offenses involving Government
                health care programs to provide that the aggregate
                dollar amount of fraudulent bills submitted to the
                Government health care program shall constitute prima
                facie evidence of the amount of the intended loss by
                the defendant; and
                    (C) amend the Federal Sentencing Guidelines to
                provide--
                            (i) a 2-level increase in the offense level
                        for any defendant convicted of a Federal health
                        care offense relating to a Government health
                        care program which involves a loss of not less
                        than $1,000,000 and less than $7,000,000;
                            (ii) a 3-level increase in the offense
                        level for any defendant convicted of a Federal
                        health care offense relating to a Government
                        health care program which involves a loss of
                        not less than $7,000,000 and less than
                        $20,000,000;
                            (iii) a 4-level increase in the offense
                        level for any defendant convicted of a Federal
                        health care offense relating to a Government
                        health care program which involves a loss of
                        not less than $20,000,000; and
                            (iv) if appropriate, otherwise amend the
                        Federal Sentencing Guidelines and policy
                        statements applicable to persons convicted of
                        Federal health care offenses involving
                        Government health care programs.
            (3) Requirements.--In carrying this subsection, the United
        States Sentencing Commission shall--
                    (A) ensure that the Federal Sentencing Guidelines
                and policy statements--
                            (i) reflect the serious harms associated
                        with health care fraud and the need for
                        aggressive and appropriate law enforcement
                        action to prevent such fraud; and
                            (ii) provide increased penalties for
                        persons convicted of health care fraud offenses
                        in appropriate circumstances;
                    (B) consult with individuals or groups representing
                health care fraud victims, law enforcement officials,
                the health care industry, and the Federal judiciary as
                part of the review described in paragraph (2);
                    (C) ensure reasonable consistency with other
                relevant directives and with other guidelines under the
                Federal Sentencing Guidelines;
                    (D) account for any aggravating or mitigating
                circumstances that might justify exceptions, including
                circumstances for which the Federal Sentencing
                Guidelines, as in effect on the date of enactment of
                this Act, provide sentencing enhancements;
                    (E) make any necessary conforming changes to the
                Federal Sentencing Guidelines; and
                    (F) ensure that the Federal Sentencing Guidelines
                adequately meet the purposes of sentencing.
    (b) Intent Requirement for Health Care Fraud.--Section 1347 of
title 18, United States Code, is amended--
            (1) by inserting ``(a)'' before ``Whoever knowingly''; and
            (2) by adding at the end the following:
    ``(b) With respect to violations of this section, a person need not
have actual knowledge of this section or specific intent to commit a
violation of this section.''.
    (c) Kickbacks.--Section 1128B of the Social Security Act (42 U.S.C.
1320a-7b) is amended by adding at the end the following new subsection:
    ``(g) In addition to the penalties provided for in this section or
section 1128A, a claim for items or services that are provided in
violation of this section constitutes a false or fraudulent claim for
purposes of subchapter III of chapter 37 of title 31, United States
Code.''.
    (d) Health Care Fraud Offense.--Section 24(a) of title 18, United
States Code, is amended--
            (1) in paragraph (1), by striking the semicolon and
        inserting ``or section 1128B of the Social Security Act (42
        U.S.C. 1320a-7b); or''; and
            (2) in paragraph (2)--
                    (A) by inserting ``1349,'' after ``1343,''; and
                    (B) by inserting ``section 301 of the Federal Food,
                Drug, and Cosmetic Act (21 U.S.C. 331), or section 411,
                501, or 511 of the Employee Retirement Income Security
                Act of 1974 (29 U.S.C. 1111, 1131, and 1141),'' after
                ``title,''.

SEC. 3. SUBPOENA AUTHORITY RELATING TO HEALTH CARE.

    (a) Subpoenas Under the Health Insurance Portability and
Accountability Act of 1996.--Section 1510(b) of title 18, United States
Code, is amended--
            (1) in paragraph (1), by striking ``to the grand jury'';
        and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``grand jury
                subpoena'' and inserting ``subpoena for records''; and
                    (B) in the matter following subparagraph (B), by
                striking ``to the grand jury''.
    (b) Subpoenas Under the Civil Rights of Institutionalized Persons
Act.--The Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997
et seq.) is amended by inserting after section 3 the following:

``SEC. 3A. SUBPOENA AUTHORITY.

    ``(a) Authority.--The Attorney General, or at the direction of the
Attorney General, any officer or employee of the Department of Justice
may require by subpoena access to any institution that is the subject
of an investigation under this Act and to any document, record,
material, file, report, memorandum, policy, procedure, investigation,
video or audio recording, or quality assurance report relating to any
institution that is the subject of an investigation under this Act to
determine whether there are conditions which deprive persons residing
in or confined to the institution of any rights, privileges, or
immunities secured or protected by the Constitution or laws of the
United States.
    ``(b) Issuance and Enforcement of Subpoenas.--
            ``(1) Issuance.--Subpoenas issued under this section--
                    ``(A) shall bear the signature of the Attorney
                General or any officer or employee of the Department of
                Justice as designated by the Attorney General; and
                    ``(B) shall be served by any person or class of
                persons designated by the Attorney General or a
                designated officer or employee for that purpose.
            ``(2) Enforcement.--In the case of contumacy or failure to
        obey a subpoena issued under this section, the United States
        district court for the judicial district in which the
        institution is located may issue an order requiring compliance.
        Any failure to obey the order of the court may be punished by
        the court as a contempt that court.
    ``(c) Protection of Subpoenaed Records and Information.--Any
document, record, material, file, report, memorandum, policy,
procedure, investigation, video or audio recording, or quality
assurance report or other information obtained under a subpoena issued
under this section--
            ``(1) may not be used for any purpose other than to protect
        the rights, privileges, or immunities secured or protected by
        the Constitution or laws of the United States of persons who
        reside, have resided, or will reside in an institution;
            ``(2) may not be transmitted by or within the Department of
        Justice for any purpose other than to protect the rights,
        privileges, or immunities secured or protected by the
        Constitution or laws of the United States of persons who
        reside, have resided, or will reside in an institution; and
            ``(3) shall be redacted, obscured, or otherwise altered if
        used in any publicly available manner so as to prevent the
        disclosure of any personally identifiable information.''.

SEC. 4. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS TO THE DEPARTMENT OF
              JUSTICE FOR CRIMINAL AND CIVIL ENFORCEMENT OF HEALTH CARE
              FRAUD.

    (a) Authorization.--There is authorized to be appropriated to the
Attorney General, to remain available until expended, $20,000,000 for
each of fiscal years 2011 through 2016 for the purposes of
investigations, prosecutions, and civil or other proceedings relating
to fraud and abuse in connection with any health care benefit program,
as defined in section 24(b) of title 18, United States Code.
    (b) Allocations.--With respect to each of fiscal years 2011 through
2016, the amount authorized to be appropriated under subsection (a)
shall be allocated as follows:
            (1) For the offices of the United States attorneys,
        $10,000,000.
            (2) For the Criminal Division of the Department of Justice,
        $5,000,000.
            (3) For the Civil Division of the Department of Justice,
        $5,000,000.

Summary: Health Care Fraud Enforcement Act of 2009 - Directs the United States Sentencing Commission to review and amend guidelines and policy statements relating to health care fraud to increase the sentences for such crimes based upon the dollar amount of fraud involved. Expands the definition of health care fraud to include anti-fraud provisions of the Social Security Act relating to kickbacks, bribes, or rebates, the Food, Drug and Cosmetic Act, and the Employee Retirement Income Security Act of 1974 (ERISA). Makes a health care fraud violation under such statutes a false or fraudulent claim for purposes of the False Claims Act. Amends the federal criminal code to allow a conviction for health care fraud without actual knowledge of a fraud prohibition or a specific intent to commit a health care fraud violation. Amends the Civil Rights of Institutionalized Persons Act to expand the power of the Attorney General to issue subpoenas for records under such Act. Authorizes additional appropriations to the Department of Justice (DOJ) for FY2011-FY2016 for investigations and prosecutions relating to fraud and abuse in connection with any health care benefit program.

A bill to improve health care fraud enforcement.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Name Matching for Enforcement and
Security Act of 2001''.

SEC. 2. INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE DATA SYSTEM WITH
              NAME MATCHING CAPACITY AND TRAINING.

    (a) Unified Electronic Data System.--Not later than 18 months after
the date of enactment of this Act, the Secretary of State, the Attorney
General, the Secretary of the Treasury, the Commissioner of Immigration
and Naturalization, and the Director of Central Intelligence shall
develop and implement a unified electronic data system to provide
current and immediate access to information in databases of United
States law enforcement agencies and the intelligence community that is
relevant to determine whether to issue a visa or to determine the
admissibility of an alien to the United States.
    (b) Name Search Capacity and Support.--
            (1) In general.--The unified electronic data system
        required by subsection (a) shall--
                    (A) have the capacity to match names even when
                those names are entered and stored in different fields
                within the different databases referred to in
                subsection (a);
                    (B) be searchable on a linguistically sensitive
                basis;
                    (C) provide adequate user support;
                    (D) be developed in consultation with private
                sector firms;
                    (E) to the extent practicable, utilize commercially
                available platforms; and
                    (F) be adjusted and improved, based upon experience
                with the databases and improvements in the underlying
                technologies and sciences, on a continuing basis.
            (2) Linguistically sensitive searches.--
                    (A) In general.--To satisfy the requirement of
                paragraph (1)(B), the unified electronic database shall
                be searchable based on linguistically sensitive
                algorithms that--
                            (i) account for variations in name formats
                        and transliterations, including varied
                        spellings and varied separation or combination
                        of name elements, within a particular language;
                        and
                            (ii) incorporate advanced linguistic,
                        mathematical, statistical, and anthropological
                        research and methods.
                    (B) Languages required.--Linguistically sensitive
                algorithms shall be developed and implemented for no
                fewer than 4 languages designated as high priorities by
                the Secretary of State, the Attorney General, and the
                Director of Central Intelligence.
            (3) Adequate user support.--To satisfy the requirement of
        paragraph (1)(C), the unified electronic data system shall
        provide--
                    (A) authoritative, easily accessed information
                about the nature, structure, and likely gender of names
                in different languages, including at least those
                languages specified pursuant to paragraph (2)(B); and
                    (B) a means for communication of questions to
                experts.
            (4) Interim reports.--Beginning not later than 6 months
        after the date of enactment of this Act, and every 6 months
        thereafter, the Secretary of State, the Attorney General, the
        Secretary of the Treasury, the Commissioner of Immigration and
        Naturalization, and the Director of Central Intelligence shall
        submit a report to the appropriate committees of Congress on
        their progress in implementing each requirement of this
        section.
            (5) Reports by intelligence agencies.--
                    (A) Current standards.--Not later than 60 days
                after the date of enactment of this Act, the Director
                of Central Intelligence shall complete the survey and
                issue the report previously required by section 309(a)
                of the Intelligence Authorization Act for Fiscal Year
                1998 (50 U.S.C. 403-3 note).
                    (B) Guidelines.--Not later than 120 days after the
                date of enactment of this Act, the Director of
                Intelligence shall issue the guidelines and submit the
                copy of those guidelines previously required by section
                309(b) of the Intelligence Authorization Act for Fiscal
                Year 1998 (50 U.S.C. 403-3 note).
            (6) Authorization of appropriations.--There are authorized
        to be appropriated such sums as are necessary to carry out the
        provisions of this subsection.
    (c) Consultation Requirement.--In the development and
implementation of the data system under this section, the Secretary of
State, the Attorney General, the Secretary of the Treasury, the
Commissioner of Immigration and Naturalization, and the Director of
Central Intelligence shall consult with the Director of the Office of
Homeland Security, the Foreign Terrorist Tracking Task Force, United
States law enforcement agencies, and the intelligence community.
    (d) Technology Standard.--The data system developed and implemented
under this subsection, shall utilize the technology standard
established pursuant to section 403(c) of the United and Strengthening
America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act of 2001.
    (e) Access to Information in Data System.--Subject to subsection
(f), information in the data system under this section shall be readily
and easily accessible as follows:
            (1) To any Foreign Service officer responsible for the
        issuance of visas.
            (2) To any Federal agent responsible for determining the
        admissibility of an alien to the United States.
    (f) Limitation on Access.--The Secretary of State, the Attorney
General, and the Director of Central Intelligence shall establish
procedures to restrict access to intelligence information in the data
system under this section under circumstances in which such information
is not to be disclosed directly to Government officials under
subsection (e).

Summary: Name Matching for Enforcement and Security Act of 2001 - Directs the Secretary of State, the Attorney General, the Secretary of the Treasury, the Commissioner of Immigration and Naturalization, and the Director of Central Intelligence (DCI) to develop and implement a unified electronic data system to provide current and immediate access to information in databases of US law enforcement agencies and the intelligence community that is relevant to determine: (1) whether to issue a visa. Or (2) the admissibility of an alien to the United States. Sets forth provisions regarding name search capacity and support and languages required. Requires: (1) such officials to consult with the Director of the Office of Homeland Security, the Foreign Terrorist Tracking Task Force, US law enforcement agencies, and the intelligence community. And (2) the system to utilize the technology standard established pursuant to the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of 2001. Directs that system information be readily and easily accessible to any: (1) Foreign Service officer responsible for the issuance of visas. And (2) Federal agent responsible for determining the admissibility of an alien to the United States. Requires the Secretary of State, the Attorney General, and the DCI to establish procedures to restrict access to intelligence information in the system under circumstances in which such information is not to be disclosed directly to Government officials.

A bill to develop and implement a unified electronic data system to enhance access to information that is relevant to determine whether to issue a visa or admit an alien to the United States, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FEMA Common Sense and Cost
Effectiveness Act of 2011''.

SEC. 2. CONSTRUCTION AND MAINTENANCE OF LEVEES.

    (a) Stafford Act.--
            (1) Predisaster mitigation program.--Section 203(e) of the
        Robert T. Stafford Disaster Relief and Emergency Assistance Act
        (42 U.S.C. 5133(e)) is amended by adding at the end the
        following:
            ``(3) Construction of levees on acquired lands.--Subject to
        paragraph (4), and notwithstanding any requirement that
        property acquired or accepted under this section be dedicated
        and maintained in perpetuity as open space for the conservation
        of natural flood plain functions, if financial assistance
        provided under this section is used to acquire or accept
        property for open space purposes, the President may permit the
        construction or maintenance on the property of--
                    ``(A) a levee that is federally owned and operated;
                    ``(B) a permanent levee that is federally
                constructed and non-federally operated and maintained;
                    ``(C) a levee--
                            ``(i) that is federally constructed as a
                        nonpermanent levee;
                            ``(ii) that a non-Federal entity desires to
                        operate and maintain as a permanent levee; and
                            ``(iii) the owners of which--
                                    ``(I) are participating in the
                                emergency response to natural disasters
                                program established under section 5 of
                                the Act entitled `An Act authorizing
                                the construction of certain public
                                works on rivers and harbors for flood
                                control, and for other purposes',
                                approved August 18, 1941 (33 U.S.C.
                                701n); or
                                    ``(II) begin participating in the
                                program described in subclause (I)
                                within a reasonable period of time, as
                                determined by the President, after the
                                date on which the levee is constructed;
                                and
                    ``(D) a non-Federal levee the owners of which are
                participating in the program described in subparagraph
                (C)(iii)(I).
            ``(4) Downstream communities.--The President may deny an
        application to construct or maintain a levee described in
        paragraph (3) if the levee poses a significant threat of harm
        to downstream communities.''.
            (2) Hazard mitigation grant program.--Section 404(b) of the
        Robert T. Stafford Disaster Relief and Emergency Assistance Act
        (42 U.S.C. 5170c(b)) is amended--
                    (A) in paragraph (2)(B)--
                            (i) in clause (i), by inserting ``except
                        for the construction or maintenance of a
                        structure described in clause (ii) (including a
                        levee),'' before ``any property''; and
                            (ii) in clause (ii)--
                                    (I) in subclause (II), by striking
                                ``or'' at the end;
                                    (II) by redesignating subclause
                                (III) as subclause (IV); and
                            (iii) by inserting after subclause (II) the
                        following:
                                    ``(III) subject to paragraph (5), a
                                levee described in paragraph (4); or'';
                                and
                    (B) by adding at the end the following:
            ``(4) Levees.--A levee described in this paragraph is--
                    ``(A) a levee that is federally owned and operated;
                    ``(B) a permanent levee that is federally
                constructed and non-federally operated and maintained;
                    ``(C) a levee--
                            ``(i) that is federally constructed as a
                        nonpermanent levee;
                            ``(ii) that a non-Federal entity desires to
                        operate and maintain as a permanent levee; and
                            ``(iii) the owners of which--
                                    ``(I) are participating in the
                                emergency response to natural disasters
                                program established under section 5 of
                                the Act entitled `An Act authorizing
                                the construction of certain public
                                works on rivers and harbors for flood
                                control, and for other purposes',
                                approved August 18, 1941 (33 U.S.C.
                                701n); or
                                    ``(II) begin participating in the
                                program described in subclause (I)
                                within a reasonable period of time, as
                                determined by the President, after the
                                date on which the levee is constructed;
                                and
                    ``(D) a non-Federal levee the owners of which are
                participating in the program described in subparagraph
                (C)(iii)(I).
            ``(5) Downstream communities.--The President may deny an
        application to construct or maintain a levee described in
        paragraph (4) if the levee poses a significant threat of harm
        to downstream communities.''.
    (b) Construction of Levees Under Hazard Mitigation Programs
Relating to Floods.--
            (1) Flood mitigation assistance.--Section 1366 of the
        National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is
        amended by adding at the end the following:
    ``(n) Construction of Levees on Acquired Lands.--
            ``(1) In general.--Subject to paragraph (2), and
        notwithstanding any requirement that property acquired or
        accepted under this section be dedicated and maintained in
        perpetuity as open space for the conservation of natural flood
        plain functions, if the mitigation activities funded under
        subsection (a) include the acquisition or acceptance of
        property for open space purposes, the Administrator may permit
        the construction or maintenance on the property of--
                    ``(A) a levee that is federally owned and operated;
                    ``(B) a permanent levee that is federally
                constructed and non-federally operated and maintained;
                    ``(C) a levee--
                            ``(i) that is federally constructed as a
                        nonpermanent levee;
                            ``(ii) that a non-Federal entity desires to
                        operate and maintain as a permanent levee; and
                            ``(iii) the owners of which--
                                    ``(I) are participating in the
                                emergency response to natural disasters
                                program established under section 5 of
                                the Act entitled `An Act authorizing
                                the construction of certain public
                                works on rivers and harbors for flood
                                control, and for other purposes',
                                approved August 18, 1941 (33 U.S.C.
                                701n); or
                                    ``(II) begin participating in the
                                program described in subclause (I)
                                within a reasonable period of time, as
                                determined by the Administrator, after
                                the date on which the levee is
                                constructed; and
                    ``(D) a non-Federal levee the owners of which are
                participating in the program described in subparagraph
                (C)(iii)(I).
            ``(2) Downstream communities.--The Administrator may deny
        an application to construct or maintain a levee described in
        paragraph (1) if the levee poses a significant threat of harm
        to downstream communities.''.
            (2) Grants for repetitive insurance claim properties.--
        Section 1323 of the National Flood Insurance Act of 1968 (42
        U.S.C. 4030) is amended by adding at the end the following:
    ``(c) Construction of Levees on Acquired Lands.--
            ``(1) In general.--Subject to paragraph (2), and
        notwithstanding any requirement that property acquired or
        accepted under this section be dedicated and maintained in
        perpetuity as open space for the conservation of natural flood
        plain functions, if the mitigation activities funded under
        subsection (a) include the acquisition or acceptance of
        property for open space purposes, the Administrator may permit
        the construction or maintenance on the property of--
                    ``(A) a levee that is federally owned and operated;
                    ``(B) a permanent levee that is federally
                constructed and non-federally operated and maintained;
                    ``(C) a levee--
                            ``(i) that is federally constructed as a
                        nonpermanent levee;
                            ``(ii) that a non-Federal entity desires to
                        operate and maintain as a permanent levee; and
                            ``(iii) the owners of which--
                                    ``(I) are participating in the
                                emergency response to natural disasters
                                program established under section 5 of
                                the Act entitled `An Act authorizing
                                the construction of certain public
                                works on rivers and harbors for flood
                                control, and for other purposes',
                                approved August 18, 1941 (33 U.S.C.
                                701n); or
                                    ``(II) begin participating in the
                                program described in subclause (I)
                                within a reasonable period of time, as
                                determined by the Administrator, after
                                the date on which the levee is
                                constructed; and
                    ``(D) a non-Federal levee the owners of which are
                participating in the program described in subparagraph
                (C)(iii)(I).
            ``(2) Downstream communities.--The Administrator may deny
        an application to construct or maintain a levee described in
        paragraph (1) if the levee poses a significant threat of harm
        to downstream communities.''.
            (3) Severe repetitive loss program.--Section 1361A(g) of
        the National Flood Insurance Act of 1968 (42 U.S.C. 4102a(g))
        is amended--
                    (A) in paragraph (1), by striking the period at the
                end and inserting the following: ``, including that,
                subject to paragraph (5), and notwithstanding any
                requirement that property acquired or accepted under
                this section be dedicated and maintained in perpetuity
                as open space for the conservation of natural flood
                plain functions, the Administrator may permit the
                construction or maintenance on such property of--
                    ``(A) a levee that is federally owned and operated;
                    ``(B) a permanent levee that is federally
                constructed and non-federally operated and maintained;
                    ``(C) a levee--
                            ``(i) that is federally constructed as a
                        nonpermanent levee;
                            ``(ii) that a non-Federal entity desires to
                        operate and maintain as a permanent levee; and
                            ``(iii) the owners of which--
                                    ``(I) are participating in the
                                emergency response to natural disasters
                                program established under section 5 of
                                the Act entitled `An Act authorizing
                                the construction of certain public
                                works on rivers and harbors for flood
                                control, and for other purposes',
                                approved August 18, 1941 (33 U.S.C.
                                701n); or
                                    ``(II) begin participating in the
                                program described in subclause (I)
                                within a reasonable period of time, as
                                determined by the Administrator, after
                                the date on which the levee is
                                constructed; and
                    ``(D) a non-Federal levee the owners of which are
                participating in the program described in subparagraph
                (C)(iii)(I).''; and
                    (B) by adding at the end the following:
            ``(5) Downstream communities.--The Administrator may deny
        an application to construct or maintain a levee described in
        paragraph (1) if the levee poses a significant threat of harm
        to downstream communities.''.
    (c) Applicability of Amendments.--The amendments made by this
section shall apply to all property acquired or accepted pursuant to
section 203 or 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133 and 5170c) or section 1323,
1366, or 1361A of the National Flood Insurance Act of 1968 (42 U.S.C.
4030, 4104c, and 4102a) before, on, or after the date of enactment of
this Act.

Summary: FEMA Common Sense and Cost Effectiveness Act of 2011 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act and the National Flood Insurance Act of 1968 to authorize the construction and maintenance of levees on property acquired under the Federal Emergency Management Agency's (FEMA's) hazard mitigation grant programs, including: (1) a levee that is federally owned and operated. (2) a permanent levee that is federally constructed and nonfederally operated and maintained. (3) a levee that is federally constructed as a nonpermanent levee, that a nonfederal entity desires to operate and maintain as a permanent levee, and the owners of which are participating in, or, in a specified period after the date on which the levee is constructed, will begin participating in, the emergency response to natural disasters program. And (4) a nonfederal levee the owners of which are participating in the program. Authorizes an application to construct or maintain a levee on acquired lands to be denied if the levee poses a significant threat of harm to downstream communities.

A bill to authorize the construction and maintenance of levees on property acquired under hazard mitigation grant programs of the Federal Emergency Management Agency.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cargo Theft Deterrence Act of
1997''.

SEC. 2. INTERSTATE OR FOREIGN SHIPMENTS BY CARRIER.

    (a) In General.--Section 659 of title 18, United States Code, is
amended--
            (1) by striking ``with intent to convert to his own use''
        each place that term appears;
            (2) in the first undesignated paragraph--
                    (A) by inserting ``trailer,'' after
                ``motortruck,'';
                    (B) by inserting ``air cargo container,'' after
                ``aircraft,''; and
                    (C) by inserting ``, or from any intermodal
                container, trailer, container freight station,
                warehouse, or freight consolidation facility,'' after
                ``air navigation facility'';
            (3) in the fifth undesignated paragraph--
                    (A) by striking ``one year'' and inserting ``3
                years''; and
                    (B) by adding at the end the following:
                ``Notwithstanding the preceding sentence, the court
                may, upon motion of the Attorney General, reduce any
                penalty imposed under this paragraph with respect to
                any defendant who provides information leading to the
                arrest and conviction of any dealer or wholesaler of
                stolen goods or chattels moving as or which are a part
                of or which constitute an interstate or foreign
                shipment.'';
            (4) in the penultimate undesignated paragraph, by inserting
        after the first sentence the following: ``For purposes of this
        section, goods and chattel shall be construed to be moving as
        an interstate or foreign shipment at all points between the
        point of origin and the final destination (as evidenced by the
        waybill or other shipping document of the shipment), regardless
        of any temporary stop while awaiting transshipment or
        otherwise.''; and
            (5) by adding at the end the following:
    ``It shall be an affirmative defense (on which the defendant bears
the burden of persuasion by a preponderance of the evidence) to an
offense under this section that the defendant bought, received, or
possessed the goods, chattels, money, or baggage at issue with the sole
intent to report the matter to an appropriate law enforcement officer
or to the owner of the goods, chattels, money, or baggage.''.
    (b) Federal Sentencing Guidelines.--Pursuant to section 994 of
title 28, United States Code, the United States Sentencing Commission
shall amend the Federal sentencing guidelines to provide a sentencing
enhancement of not less than 2 levels for any offense under section 659
of title 18, United States Code, as amended by this section.
    (c) Report to Congress.--The Attorney General shall annually submit
to Congress a report, which shall include an evaluation of law
enforcement activities relating to the investigation and prosecution of
offenses under section 659 of title 18, United States Code, as amended
by this section.

SEC. 3. ADVISORY COMMITTEE ON CARGO THEFT.

    (a) Establishment.--
            (1) In general.--There is established a Committee to be
        known as the Advisory Committee on Cargo Theft (in this section
        referred to as the ``Committee'').
            (2) Membership.--
                    (A) Composition.--The Committee shall be composed
                of 6 members, who shall be appointed by the President,
                of whom--
                            (i) 1 shall be an officer or employee of
                        the Department of Justice;
                            (ii) 1 shall be an officer or employee of
                        the Department of Transportation;
                            (iii) 1 shall be an officer or employee of
                        the Department of the Treasury; and
                            (iv) 3 shall be individuals from the
                        private sector who are experts in cargo
                        security.
                    (B) Date.--The appointments of the initial members
                of the Committee shall be made not later than 30 days
                after the date of enactment of this Act.
            (3) Period of appointment; vacancies.--Each member of the
        Committee shall be appointed for the life of the Committee. Any
        vacancy in the Committee shall not affect its powers, but shall
        be filled in the same manner as the original appointment.
            (4) Initial meeting.--Not later than 15 days after the date
        on which all initial members of the Committee have been
        appointed, the Committee shall hold its first meeting.
            (5) Meetings.--The Committee shall meet, not less
        frequently than quarterly, at the call of the Chairperson.
            (6) Quorum.--A majority of the members of the Committee
        shall constitute a quorum, but a lesser number of members may
        hold hearings.
            (7) Chairperson.--The President shall select 1 member of
        the Committee to serve as the Chairperson of the Committee.
    (b) Duties.--
            (1) Study.--The Committee shall conduct a thorough study
        of, and develop recommendations with respect to, all matters
        relating to--
                    (A) the establishment of a national computer
                database for the collection and dissemination of
                information relating to violations of section 659 of
                title 18, United States Code (as added by this Act);
                and
                    (B) the establishment of an office within the
                Federal Government to promote cargo security and to
                increase coordination between the Federal Government
                and the private sector with respect to cargo security.
            (2) Report.--Not later than 1 year after the date of
        enactment of this Act, the Committee shall submit to the
        President and to Congress a report, which shall contain a
        detailed statement of results of the study and the
        recommendations of the Committee under paragraph (1).
    (c) Powers.--
            (1) Hearings.--The Committee may hold such hearings, sit
        and act at such times and places, take such testimony, and
        receive such evidence as the Committee considers advisable to
        carry out the purposes of this section.
            (2) Information from federal agencies.--The Committee may
        secure directly from any Federal department or agency such
        information as the Committee considers necessary to carry out
        the provisions of this section. Upon request of the Chairperson
        of the Committee, the head of such department or agency shall
        furnish such information to the Committee.
            (3) Postal services.--The Committee may use the United
        States mails in the same manner and under the same conditions
        as other departments and agencies of the Federal Government.
            (4) Gifts.--The Committee may accept, use, and dispose of
        gifts or donations of services or property.
    (d) Personnel Matters.--
            (1) Compensation of members.--
                    (A) Non-federal members.--Each member of the
                Committee who is not an officer or employee of the
                Federal Government shall be compensated at a rate equal
                to the daily equivalent of the annual rate of basic pay
                prescribed for level IV of the Executive Schedule under
                section 5315 of title 5, United States Code, for each
                day (including travel time) during which such member is
                engaged in the performance of the duties of the
                Committee.
                    (B) Federal members.--Each member of the Committee
                who is an officer or employee of the United States
                shall serve without compensation in addition to that
                received for their service as an officer or employee of
                the United States.
            (2) Travel expenses.--The members of the Committee shall be
        allowed travel expenses, including per diem in lieu of
        subsistence, at rates authorized for employees of agencies
        under subchapter I of chapter 57 of title 5, United States
        Code, while away from their homes or regular places of business
        in the performance of services for the Committee.
            (3) Staff.--
                    (A) In general.--The Chairperson of the Committee
                may, without regard to the civil service laws and
                regulations, appoint and terminate an executive
                director and such other additional personnel as may be
                necessary to enable the Committee to perform its
                duties. The employment of an executive director shall
                be subject to confirmation by the Committee.
                    (B) Compensation.--The Chairperson of the Committee
                may fix the compensation of the executive director and
                other personnel without regard to the provisions of
                chapter 51 and subchapter III of chapter 53 of title 5,
                United States Code, relating to classification of
                positions and General Schedule pay rates, except that
                the rate of pay for the executive director and other
                personnel may not exceed the rate payable for level V
                of the Executive Schedule under section 5316 of such
                title.
            (4) Detail of government employees.--Any Federal Government
        employee may be detailed to the Committee without
        reimbursement, and such detail shall be without interruption or
        loss of civil service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The Chairperson of the Committee may procure temporary and
        intermittent services under section 3109(b) of title 5, United
        States Code, at rates for individuals which do not exceed the
        daily equivalent of the annual rate of basic pay prescribed for
        level V of the Executive Schedule under section 5316 of such
        title.
    (e) Termination.--The Committee shall terminate 90 days after the
date on which the Committee submits the report under subsection (b)(2).
    (f) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated
        such sums as may be necessary to the Committee to carry out the
        purposes of this section.
            (2) Availability.--Any sums appropriated under the
        authorization contained in this section shall remain available,
        without fiscal year limitation, until expended.

Summary: Cargo Theft Deterrence Act of 1997 - Amends the Federal criminal code regarding thefts pertaining to interstate or foreign shipments by carrier to include thefts of trailers and air cargo containers and thefts from freight consolidation facilities. Increases the maximum penalty from one year to three years imprisonment. Authorizes the court, upon motion of the Attorney General, to reduce any penalty imposed under such provisions for any defendant who provides information leading to the arrest and conviction of any dealer or wholesaler of stolen goods or chattels moving as, which are a part of, or which constitute, an interstate or foreign shipment. Specifies that goods and chattel shall be construed to be moving as an interstate or foreign shipment at all points between the point of origin and the final destination. Makes it an affirmative defense that the defendant bought, received, or possessed the goods at issue with the sole intent to report the matter to an appropriate law enforcement officer or to the owner. Directs: (1) the United States Sentencing Commission to amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than two levels for any such offense. And (2) the Attorney General to annually submit to the Congress a report including an evaluation of law enforcement activities relating to the investigation and prosecution of such offenses. Establishes the Advisory Committee on Cargo Theft to study, and develop recommendations regarding, the establishment of: (1) a national computer database for the collection and dissemination of information relating to violations of cargo theft provisions. And (2) an office within the Federal Government to promote, and to increase coordination between the Government and the private sector regarding, cargo security. Authorizes appropriations.

Cargo Theft Deterrence Act of 1997


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Local School Board Governance and
Flexibility Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the responsibility for education resides with the
        States, which have delegated to local school boards the power
        and authority to adopt policies, establish priorities, and
        provide accountability to direct the operation of neighborhood
        schools;
            (2) local school boards are held accountable by local
        voters to represent the interests of students, parents, local
        businesses, civic organizations, taxpayers, and the community
        at large in determining, subject to State laws and policies,
        the direction, values, climate, and financial support of the
        schools in their community;
            (3) the vital national interest in local self-governance of
        local educational agencies has been weakened through Department
        of Education requirements that are either unnecessary to
        achieve the specific direction of legislation enacted by
        Congress, or that impose unnecessary limits on the flexibility
        needed by local educational agencies in order to meet local,
        State, and Federal goals in education; and
            (4) to support the local decisionmaking function of local
        educational agencies, the Secretary of Education should engage
        only in issuing regulations, rules, grant conditions, guidance
        materials, and other requirements under the jurisdiction of the
        Department that are--
                    (A) specifically required to implement Federal
                legislation; and
                    (B) demonstrated to be educationally,
                operationally, and financially within the capacity of
                local educational agencies to implement.

SEC. 3. AUTHORITY OF THE SECRETARY.

    Unless specifically authorized by Federal law, the Secretary may
not issue a Federal regulation, rule, grant condition, guidance
material, or other requirement pertaining to a State educational agency
or a local educational agency that--
            (1) conflicts with the power and authority of the local
        educational agency delegated by the State regarding the
        operation of the schools (including the school system's mission
        and goals, organization, local budget and budget priorities,
        education program, curriculum, or extra-curricular activities),
        student health services and safety, transportation and school
        boundaries, procurement policies, staffing and personnel
        policies, capital construction, authority to levy taxes, issue
        bonds, and acquire land, and other functions essential to the
        daily operation of the schools within the jurisdiction of the
        local educational agency;
            (2) results in additional costs to the local educational
        agency for reporting, grant administration, and general
        operations, unless fully funded from Federal funds;
            (3) conflicts with the power and authority of the local
        educational agency to determine how to engage or act upon
        community participation and advice;
            (4) imposes requirements on a local educational agency or
        State educational agency that would limit or adversely affect
        the authority of the local educational agency or State
        educational agency to function as a legislative, executive, or
        quasi-judicial agency;
            (5) conflicts with the authority of--
                    (A) a State to determine the appropriate governance
                structure of--
                            (i) the State educational agency; or
                            (ii) the State's local educational
                        agencies; or
                    (B) a State educational agency or local educational
                agency to determine the appropriate governance and
                management of the schools that the State educational
                agency or local educational agency serve;
            (6) establishes reporting requirements for State
        educational agencies or local educational agencies that
        duplicate existing Federal requirements or that are issued
        without first conducting a fiscal impact statement related to
        the costs to State educational agencies or local educational
        agencies, as the case may be, including requests for data and
        recommendations from State educational agencies or local
        educational agencies and national education organizations
        consistent with the provisions of section 4(a); or
            (7) places conditions or requirements on a grant to a State
        or local educational agency that are not directly related to,
        or that do not directly support, the intent of the specific
        purpose of the grant or the legislation authorizing such grant.

SEC. 4. OPPORTUNITY FOR COMMENT REGARDING LOCAL IMPACT.

    (a) In General.--During each fiscal year (beginning with the fiscal
year following the fiscal year in which this Act is enacted), the
Secretary of Education shall provide local educational agencies and the
major national education organizations, including those representing
local school boards, local school superintendents, principals, and
teachers, a minimum of 60 days in order to provide written comments
regarding the local impact of implementing Federal regulations, rules,
grant conditions, guidance materials, or other requirements for any
applicable program or activity of the Secretary.
    (b) Report.--The Secretary of Education shall prepare and publish a
report based on the comments received pursuant to subsection (a), which
shall be forwarded to the chairs and ranking members of the Education
and Workforce Committee of the House of Representatives and the Health,
Education, Labor and Pensions Committee of the Senate not later than
July 1 of each year and shall be simultaneously posted on the
Department of Education's website.

SEC. 5. EFFICIENCY IN IMPLEMENTING FEDERAL PROGRAMS.

    (a) Eliminating Reporting Duplications.--Not later than 180 days
after the date of enactment of this Act, the Secretary of Education
shall conduct a review of existing reporting requirements applicable to
local educational agencies resulting from programs and activities under
the jurisdiction of the Department of Education to determine
duplications and make modifications as necessary to eliminate such
reporting duplications.
    (b) Prohibition.--The Secretary may not promulgate any regulation,
rule, guidance material, grant condition, or other requirement
pertaining to a State educational agency or a local educational agency,
without first taking the following actions:
            (1) Requesting data and recommendations from State
        educational agencies, local educational agencies, and the major
        national education organizations representing chief State
        school officers, local school boards, local school
        superintendents, principals, and teachers regarding the
        educational, financial, and operational costs involved for
        implementation, and publishing the data and recommendations
        provided upon issuance of such regulation, rule, guidance
        material, grant condition, or other requirement and posting
        that information on the Department of Education's website.
            (2) Verifying, based on the data set forth in paragraph
        (1), that local educational agencies will have the financial
        resources and the technical assistance such agencies may need
        to successfully implement the regulation, rule, guidance
        material, grant condition, or other requirement, including any
        Federal requirement that would extend beyond the time that
        Federal assistance is available for that purpose.
            (3) Providing State educational agencies, local educational
        agencies, and the national education organizations identified
        in paragraph (1) with not less than 60 days notice following
        the Secretary's publication of a notice of intent to issue any
        regulation, rule, guidance material, grant condition, or other
        requirement to respond, unless a shorter time period is needed
        to meet an emergency such as a declared natural disaster.
            (4) Ensuring that maximum flexibility is provided to State
        educational agencies and local educational agencies in
        implementing any regulation, rule, guidance material, grant
        condition, or other requirement.
    (c) Review and Response.--If a local educational agency or an
organization identified in subsection (b) provides the Secretary of
Education with a written statement demonstrating that a regulation,
rule, guidance material, grant condition, or other requirement does not
meet the substantive or procedural requirements of this Act, the
Secretary, or the Secretary's designee, shall review the merits of that
statement, provide a written response within 60 days, and post that
response on the Department of Education's website, including a
description of what action, if any, the Secretary will take to correct
any deficiency that the Secretary determines exists.

Summary: Local School Board Governance and Flexibility Act Expresses the sense of Congress that: (1) the responsibility for education resides with the states and the local educational agencies (LEAs) to which they have delegated authority. And (2) the Secretary of Education should only issue those regulations, rules, guidance materials, grant conditions, or other requirements that are specifically needed to implement federal legislation and are within LEAs' educational, operational, and financial capacity. Prohibits the Secretary, unless specifically authorized by federal law, from issuing regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs that: conflict with the authority of LEAs delegated to them by their state. Result in additional costs to LEAs for reporting, grant administration, and general operations that are not fully covered by the federal government. Conflict with the authority of LEAs to determine how to engage or act upon community participation and advice. Impose requirements on LEAs or state educational agencies (SEAs) that would adversely affect their authority to function as legislative, executive, or quasi-judicial agencies. Conflict with states' authority to determine the appropriate governance structure of their SEA or LEAs, or their SEA's or LEAs' authority to determine how schools are governed or managed. Establish SEA or LEA reporting requirements that duplicate existing federal requirements or are issued without first conducting a fiscal impact statement. Or place conditions or requirements on grants to states or LEAs that do not directly relate to, or do not directly support, the intent of the grants or legislation authorizing the grants. Directs the Secretary during each fiscal year to provide LEAs and the major national education organizations at least 60 days to provide written comments regarding the local impact of implementing federal regulations, rules, guidance materials, grant conditions, or other requirements for any applicable program or activity of the Secretary. Directs the Secretary to review existing LEA reporting requirements to identify and eliminate those that are duplicative. Prohibits the Secretary from promulgating federal regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs without first: requesting data and recommendations from SEAs, LEAs, and the major national education organizations regarding the educational, financial, and operational costs involved in implementing them. Verifying that LEAs will have the financial resources and technical assistance they may need to successfully implement the requirements. Giving SEAs, LEAs, and national educational organizations at least 60 days' notice to respond to such requirements before they are issued, except in certain emergencies. And giving SEAs and LEAs maximum flexibility in implementing the requirements. Provides that if an LEA or major national education organization provides the Secretary with a written statement demonstrating that a regulation, rule, guidance material, grant condition, or other requirement does not meet the substantive or procedural requirements of this Act, the Secretary must review the merits of the statement, issue a written response within 60 days, and post that response on the Department of Education's website.