SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Law Enforcement Responsibility and
Improvement Act of 1993''.

      TITLE I--CONTINUING EDUCATION FOR LAW ENFORCEMENT OFFICERS.

SEC. 101. STATEMENT OF PURPOSE.

    It is the purpose of this title to assist States to establish
scholarship programs which--
            (1) assist State and local law enforcement efforts to
        enhance the educational status of law enforcement personnel;
        and
            (2) provide educational assistance to law enforcement
        personnel seeking continuing education;

SEC. 102. ALLOTMENT.

    From amounts appropriated under the authority of section 110, the
Assistant Attorney General shall allocate--
            (1) 80 percent of such funds to States on the basis of the
        number of law enforcement officers in each State; and
            (2) 20 percent of such funds to States on the basis of a
        State's shortage of law enforcement personnel and the need for
        assistance under this title.

SEC. 103. PROGRAM ESTABLISHED.

    (a) In General.--From amounts available under this title, each
State shall pay the Federal share of the cost of awarding scholarships
to law enforcement personnel to enable such personnel during nonworking
hours to enroll in courses, not to exceed a total of 18 credit hours,
at an institution of higher education.
    (b) Federal Share.--(1) The Federal share of the cost of
scholarships under this title shall not exceed 60 percent.
    (2) The non-Federal share of the cost of scholarships under this
title shall be supplied from sources other than the Federal Government.
    (c) Lead Agency.--Each State receiving an allotment under section
102 to conduct a scholarship program in a State in accordance with the
provisions of this title shall designate an appropriate State agency to
serve as the lead agency in carrying out the provisions of this title.
    (d) Responsibilities of Assistant Attorney General.--The Assistant
Attorney General shall be responsible for the administration of the
program conducted pursuant to this title and shall, in consultation
with the Assistant Secretary for Postsecondary Education, promulgate
regulations to implement this title.
    (e) Administrative Expenses.--Each State receiving an allotment
under section 102 may reserve not more than 8 percent of such allotment
for administrative expenses.
    (f) Supplementation of Funding.--Funds received under this title
shall be used to supplement, and not to supplant, Federal, State, or
local efforts to provide for continuing education of law enforcement
personnel.

SEC. 104. SCHOLARSHIPS.

    (a) Restrictions.--Notwithstanding a change in law enforcement
positions or departments or an institution of higher education, a law
enforcement officer is eligible to receive scholarship funds for a
total of 18 credit hours.
    (b) Use of Scholarships.--A law enforcement officer awarded a
scholarship under this title may use such scholarship for educational
expenses at an accredited institution of higher education.
    (c) Eligibility.--A law enforcement officer shall be eligible to
receive a scholarship under this title if such individual has been
employed in law enforcement for the 1-year period immediately preceding
the date on which assistance is sought.

SEC. 105. STATE APPLICATION.

    (a) In General.--Each State desiring an allotment under section 102
shall submit an application to the Assistant Attorney General at such
time, in such manner, and accompanied by such information as the
Assistant Attorney General may reasonably require. Each such
application shall--
            (1) contain assurances that the lead agency shall work in
        cooperation with the local law enforcement liaisons,
        representatives of police labor organizations and police
        management organizations, and other appropriate State and local
        agencies to develop and implement interagency agreements
        designed to carry out the provisions of this title;
            (2) contain assurances that the State shall advertise the
        scholarship assistance provided under this title;
            (3) contain assurances that the State shall screen and
        select law enforcement personnel for participation in the
        scholarship program under this title;
            (4) contain assurances that the State shall make
        scholarship payments to institutions of higher education on
        behalf of individuals receiving financial assistance under this
        title; and
            (5) identify model curriculum and existing programs
        designed to meet the educational and professional needs of law
        enforcement personnel.

SEC. 106. LOCAL APPLICATION.

    Each individual desiring to receive a scholarship under this title
shall submit an application to the State at such time, in such manner,
and accompanied by such information as the State may reasonably
require. Each such application shall describe the academic courses for
which financial assistance is sought.

SEC. 107. SCHOLARSHIP AGREEMENT.

    (a) In General.--Each individual receiving a scholarship under this
title shall enter into an agreement with the Assistant Attorney
General.
    (b) Contents.--Each agreement described in subsection (a) shall
provide assurances that such individual shall make every effort to meet
all course requirements.

SEC. 108. REPORTS TO CONGRESS.

    Not later than April 1 of each fiscal year, the Assistant Attorney
General shall submit a report to the Attorney General, the President,
the Speaker of the House of Representatives, and the President of the
Senate. Such report shall--
            (1) state the number of present and past scholarship
        recipients under this title;
            (2) describe the geographic, racial, and gender dispersion
        of scholarship recipients; and
            (3) describe the progress of the program and make
        recommendations for changes in the program.

SEC. 109. DEFINITIONS.

    As used in this title--
            (1) the term ``Assistant Attorney General'' means the
        Assistant Attorney General of the Office of Justice Programs;
            (2) the term ``educational expenses'' means expenses that
        are directly attributable to a course offered at an institution
        of higher education, including the cost of tuition, fees,
        books, supplies and related expenses;
            (3) the term ``institution of higher education'' has the
        same meaning given such term in section 1401(a) of the Higher
        Education Act of 1965;
            (4) the term ``law enforcement position'' means employment
        as an officer in a State or local police force, or correctional
        institution; and
            (5) the term ``State'' means a State of the United States,
        the District of Columbia, the Commonwealth of Puerto Rico, the
        Virgin Islands, American Samoa, Guam, and the Commonwealth of
        the Northern Mariana Islands.

SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $3,000,000 for each of the
fiscal years 1994, 1995, 1996, 1997, and 1998 to carry out the
provisions of this title.

          TITLE II--LAW ENFORCEMENT RESPONSIBILITY PROVISIONS

                    Subtitle A--Police Accreditation

SEC. 201. APPLICATION FOR ACCREDITATION.

    (a) In General.--Subject to subsections (b) and (c), law
enforcement agencies of a State, unit of local government, or non-
Federal public agency may apply for law enforcement agency
accreditation.
    (b) Filing of Accreditation Application.--Applications for
accreditation as provided under section (a), may be filed with the
Commission on Accreditation of Law Enforcement Agencies.
    (c) Forwarding to Justice Department.--A copy of the application
filed under subsection (b) shall then be forwarded to the Accreditation
Coordinator at the Department of Justice as provided for in section
202(b).
    (d) Good Faith.--Law enforcement agencies shall file the
application for accreditation in good faith, and shall use all good
faith efforts to assist in processing the application for
accreditation.

SEC. 202. FEDERAL ASSISTANCE FOR AGENCIES SEEKING ACCREDITATION.

    (a) In General.--The Attorney General shall be given the discretion
under section 524(c)(1) of title 28, United States Code, to provide
financial and technical assistance, as provided in subsections (b),
(c), and (d) for law enforcement agencies applying for accreditation as
provided in section 201.
    (b) Accreditation Coordinator.--The Attorney General shall appoint
an Accreditation Coordinator to assist law enforcement agencies seeking
Federal assistance in processing accreditation as provided in section
201.
    (c) Additional Accreditation Staffing.--The Accreditation
Coordinator shall provide necessary personnel to assist law enforcement
agencies in processing applications for accreditation and complete the
accreditation process as provided by section 201.
    (d) Reimbursement of Administrative Costs.--Upon request, the
Accreditation Coordinator may reimburse a law enforcement agency for
any administrative costs incurred by such law enforcement agency in
processing the application for accreditation if--
            (1) such law enforcement agency has requested assistance
        from the Accreditation Coordinator;
            (2) the Accreditation Coordinator did not furnish such
        assistance but did certify the agency as likely to benefit in
        terms of improved law enforcement from the process and as
        eligible for expense reimbursement; and
            (3) such law enforcement agency has successfully completed
        the accreditation process as provided in section 201.
    (e) Financing.--The total monies provided under subsection (a)
shall not be greater than $1,000,000 or 1 percent of those monies
available to the Attorney General under section 524(c)(1) of title 28,
United States Code.

     Subtitle B--Civilian Protection in Cases of Police Misconduct

SEC. 211. CIVILIAN PROTECTION IN CASES OF POLICE MISCONDUCT.

    State, local, and public law enforcement agencies shall have
procedures as established in subsection (b), allowing citizen
submission of sworn complaints regarding the action, or inaction, of
the law enforcement agency, law enforcement officers in the agency, or
employees of the agency.

SEC. 212. MINIMUM STANDARDS.

    Subject to section 213, individual law enforcement agencies shall
provide, at a minimum, that--
            (1) the general public has access to required forms and
        information concerning the submission, and disposition of sworn
        complaints;
            (2) the law enforcement agency assist individuals in filing
        complaints;
            (3) adequate records to allow regular monitoring of the
        nature and disposition of such cases are to be maintained by
        the agency;
            (4) the law enforcement agency has established written
        procedures for hearings; and
            (5) the complainant receives a written report on the final
        disposition of the complaint.

SEC. 213. SEALED RECORDS.

    Any or all records required under section 212 may be sealed to
prevent public disclosure if--
            (1) good cause has been shown by order of a court of
        competent jurisdiction, and
            (2) such order is public record and states reasons for
        sealing.

          Subtitle C--Law Enforcement Officer's Responsibility

SEC. 221. RESPONSIBILITIES OF LAW ENFORCEMENT OFFICERS UNDER
              INVESTIGATION.

    Whenever a law enforcement officer is under formal investigation
for alleged malfeasance, misfeasance, or nonfeasance of official duty,
with a view to possible disciplinary action, demotion, dismissal,
suspension, or criminal charges, except as provided in section 226, the
following minimum standards shall apply:
            (1) The law enforcement officer shall be informed in
        writing of all charges made against the officer, the nature and
        purpose of the investigation and the name, rank, and command of
        the person or persons conducting such investigation and shall
        be given the opportunity to review any evidence or testimony
        relevant to the charges, in the possession of the law
        enforcement agency.
            (2) Except when the officer is requested to fulfill normal
        administrative duties or to provide the law enforcement agency
        with necessary reports on performance of duty, no adverse
        inference shall be drawn and no punitive action taken from a
        refusal of the law enforcement officer being investigated to
        participate in such investigation.
            (3) The law enforcement officer being investigated shall be
        informed, in writing, of the date, time, and location of such
        questioning, of all persons who will be present during such
        questioning, and of the rights established by this title.
            (4) Except in emergency or adverse situations, no
        questioning of any law enforcement officer shall be conducted
        except during the officer's regularly scheduled working hours,
        unless the law enforcement officer otherwise agrees and except
        when such questioning is part of a normal supervisory operating
        of the law enforcement agency.
            (5) Any questioning shall be for a reasonable period of
        time, in a reasonable place, and shall allow for reasonable
        periods for the rest and personal necessities of such officer.
            (6) The law enforcement officer shall be entitled to the
        presence of a person of the officer's choice at any
        interrogation in connection with the formal investigation.

SEC. 222. NOTICE OF DISCIPLINARY ACTION.

    Whenever a personnel action is taken against a law enforcement
officer which could result in any loss of pay, benefits or seniority,
or in suspension or termination, pursuant to an investigation of
alleged malfeasance, misfeasance, or nonfeasance of official duty, such
law enforcement officer shall be notified and informed of the reasons
for such action at least five working days before such action takes
effect.

SEC. 223. ENTITLEMENT TO A HEARING.

    (a) In General.--If the investigation of a law enforcement officer
results in the recommendations of disciplinary action, such as
demotion, dismissal, or similar action, then, except as provided in
section 226, the law enforcement officer shall be entitled to a hearing
before an impartial decisionmaker.
    (b) Decisions in Writing.--The decisions of the decisionmaker, and
reason therefor, shall be in writing, shall be transmitted promptly to
the law enforcement officer and to the chief executive officer of the
law enforcement agency.
    (c) Final and Binding.--The decisions of the decisionmaker shall be
final and binding.

SEC. 224. REPRESENTATION ON COMPLAINT REVIEW BOARDS.

    Whenever a police complaint review board has been established which
includes in its membership persons other than law enforcement officers
of the agencies under the jurisdiction of such board, such board shall
include a fair representation of such officers including at least one
officer of equal rank to the officer charged.

SEC. 225. PROTECTION FROM RETALIATION FOR EXERCISING RIGHTS.

    There shall be no penalty nor threat of penalty to any law
enforcement officer for the exercise of the rights established in this
title.

SEC. 226. EXCLUSIONARY PROVISIONS.

    The provisions of this subtitle do not apply to questioning carried
out as part of a law enforcement agency's routine supervision of a law
enforcement officer, summary discipline, administrative action, or
emergency suspension.

                     Subtitle D--General Provisions

SEC. 231. PRIVATE ENFORCEMENT.

    Any citizen or law enforcement officer shall have the right to
recover pecuniary and other damages including, but not limited to, full
reinstatement of a law enforcement officer, from any person or
agencies, including law enforcement agencies, which violate the rights
established by this title.

SEC. 232. OTHER REMEDIES NOT DISPARAGED.

    Nothing in this title shall disparage or impair any other legal
remedy with respect to rights established by this title or any other
State or Federal law.

SEC. 233. EXCLUSION FOR STATES THAT MEET OR EXCEED PROVISIONS.

    Nothing in this title shall be construed to preempt any State law
which meets or exceeds the minimum requirements set forth by this
title.

SEC. 234. DEFINITIONS.

    As used in this title--
            (1) the term ``complaint review board'' means any public
        body which has specific lawful authority to investigate
        civilian complaints of improper conduct by law enforcement
        officers and take public action, including the issuance of
        findings and reports, but shall not include any law enforcement
        agency, a grand jury, or other judicially-appointed body;
            (2) the term ``law enforcement agency'' means any non-
        Federal public agency, except Federal law enforcement agencies,
        charged with the duty to investigate crimes, apprehend persons
        charged with such crimes, and hold in custody persons charged
        with such crimes;
            (3) the term ``law enforcement officer'' means any sworn
        officer of a public agency, if the official legal function of
        such agency is the investigation of reports of criminal
        activity or crimes, or the apprehension or holding in custody
        of persons charged or convicted of crimes, and includes all
        police, sheriffs' deputies, bailiffs, and corrections guards as
        defined by the applicable State law;
            (4) the terms ``summary discipline'' and ``administrative
        action'' mean discipline imposed for minor violations of
        department rules and regulations, which does not result in
        dismissal, demotion, transfer, loss of pay, or similar action;
        and
            (5) the term ``emergency suspension'' means situations in
        which the head of the law enforcement agency determines such
        temporary action is necessary to protect the interest of the
        public and the law enforcement agency and do not continue
        longer than the public necessity.

HR 1148 IH----2

Summary: TABLE OF CONTENTS: Title I: Continuing Education for Law Enforcement Officers Title II: Law Enforcement Responsibility Provisions Subtitle A: Police Accreditation Subtitle B: Civilian Protection in Cases of Police Misconduct Subtitle C: Law Enorcement Officer's Responsibility Subtitle D: General Provisions Law Enforcement Responsibility and Improvement Act of 1993 - Title I: Continuing Education for Law Enforcement Officers - Directs: (1) each State to pay the Federal share of the cost of awarding scholarships to law enforcement personnel to enable such personnel during non-working hours to enroll in courses, not to exceed a total of 18 credit hours, at an institution of higher education. And (2) the Assistant Attorney General to allocate, from amounts appropriated pursuant to this Act, 80 percent of such funds to States based on the number of law enforcement officers in each State and 20 percent based on a State's shortage of law enforcement personnel and need for assistance. Title II: Law Enforcement Responsibility Provisions - Subtitle A: Police Accreditation - Establishes procedures by which law enforcement agencies of a State, unit of local government, or non-Federal public agency may apply for law enforcement agency accreditation. Grants the Attorney General discretion to provide financial and technical assistance for law enforcement agencies applying for accreditation. Directs the Attorney General to appoint an Accreditation Coordinator to assist such agencies seeking Federal assistance in processing accreditation. Subtitle B: Civilian Protection in Cases of Police Misconduct - Requires that State, local, and public law enforcement agencies have procedures, including specified minimum standards, allowing citizen submission of sworn complaints regarding the action or inaction of a law enforcement agency, its officers, or employees. Specifies that any or all records required pursuant to this Act may be sealed to prevent public disclosure if good cause has been shown by order of a court of competent jurisdiction and if such order is public record and states reasons for sealing. Subtitle C: Law Enforcement Officer's Responsibility - Sets forth minimum standards that apply whenever a law enforcement officer is under formal investigation for alleged malfeasance, misfeasance, or nonfeasance of official duty, with a view to possible disciplinary action, demotion, dismissal, suspension, or criminal charges, with exceptions. Sets forth provisions regarding: (1) notice of disciplinary action, (2) entitlement to a hearing, (3) fair representation on complaint review boards. And (4) protection from retaliation for exercising rights. Subtitle D: General Provisions - Grants any citizen or law enforcement officer the right to recover damages, including full reinstatement of a law enforcement officer, from any person or agencies which violate the rights established by this title. Specifies that nothing in this title shall be construed to preempt any State law which meets or exceeds the minimum requirements set forth by this title.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Infrastructure Modernization
Act of 2013''.

SEC. 2. EXPEDITED PROCESS FOR CONSIDERATION OF APPLICATIONS TO CONDUCT
              PUBLIC SAFETY PROJECTS.

    (a) Approval and Disapproval of Permits.--
            (1) Deadline.--The Secretary of the Army shall approve or
        disapprove a covered permit application for a public safety
        project on or before the last day of the 2-year period
        beginning on the date of submission of the application.
            (2) Failure to meet deadline.--If the Secretary does not
        approve or disapprove a covered permit application for a public
        safety project on or before the last day specified in paragraph
        (1)--
                    (A) the application shall be considered under the
                expedited process established under subsection (b);
                unless
                    (B) the Governor of the State in which the project
                is to be located issues a declaration of emergency with
                respect to the project under subsection (c), in which
                case the requirements of subsection (c) shall apply to
                the application.
    (b) Expedited Process.--
            (1) In general.--The Secretary shall establish, by
        regulation, a process to expedite the consideration of a
        covered permit application for a public safety project.
            (2) Specifications for expedited process.--The expedited
        process shall provide for the following:
                    (A) In complying with the requirements of the
                National Environmental Policy Act of 1969 (42 U.S.C.
                4321 et seq.) with respect to the project, the
                Secretary shall--
                            (i) prepare an environmental assessment or
                        an environmental impact statement in accordance
                        with paragraph (3);
                            (ii) weigh the public safety aspects of the
                        project as greater than the environmental
                        costs; and
                            (iii) complete consultation with other
                        agencies, as necessary, not later than 6 months
                        after the last day specified in subsection
                        (a)(1).
                    (B) In issuing a permit under the expedited
                process, the Secretary may not require mitigation costs
                in an amount that exceeds 20 percent of the total cost
                of the project.
                    (C) In issuing a permit under the expedited
                process, the Secretary may implement species relocation
                for the project, as described in subsection (d).
            (3) Environmental assessment or impact statement.--In
        preparing an environmental assessment or an environmental
        impact statement under paragraph (2)(A)--
                    (A) the Secretary shall study, develop, and
                describe the proposed action and the alternative of no
                action; but
                    (B) the Secretary is not required to study,
                develop, or describe any alternative actions to the
                proposed agency action unless the municipality in which
                is the project is to be located submits an alternative
                action.
            (4) Judicial review.--A person may obtain judicial review
        of any determination made for a public safety project under the
        expedited process only in the United States district court for
        the judicial district in which the project is to be located.
    (c) Emergency Declaration.--
            (1) In general.--If the Secretary has not approved or
        disapproved a covered permit application for a public safety
        project on or before the last day specified in subsection
        (a)(1), the Governor of the State in which the project is to be
        located may issue a declaration of emergency with respect to
        the project.
            (2) Alternative arrangements.--If the Governor of a State
        issues a declaration of emergency with respect to a public
        safety project under paragraph (1), the State or municipality
        that submitted a covered permit application for the project may
        request that--
                    (A) the application be considered under the
                expedited process established under subsection (b); or
                    (B) the President, acting through the Council on
                Environmental Quality, establish alternative
                arrangements for conducting the project.
            (3) Deadline.--Pursuant to a request received under
        paragraph (2)(B), the Council on Environmental Quality, on or
        before the last day of the 90-day period beginning on the date
        of the request shall--
                    (A) create an alternative to the proposed public
                safety project; or
                    (B) approve the project.
            (4) Failure to meet deadline.--If, after receiving a
        request under paragraph (2)(B), the Council on Environmental
        Quality does not establish alternate procedures for conducting
        a public safety project or disapprove the project on or before
        the last day specified in paragraph (3)--
                    (A) the covered permit application submitted for
                the project shall be deemed approved; and
                    (B) the requirements of the National Environmental
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to
                the project shall be deemed satisfied.
            (5) Judicial review.--The deemed approval of a covered
        permit application pursuant to paragraph (4)(A) shall not be
        subject to judicial review.
            (6) Relationship to other laws.--Any alternative
        arrangements established for a public safety project under
        paragraph (2)--
                    (A) shall be deemed to satisfy the requirements of
                section 404 of the Federal Water Pollution Control Act
                (33 U.S.C. 1344) and the National Environmental Policy
                Act of 1969 (42 U.S.C. 4321 et seq.) with respect to
                the project; and
                    (B) shall not be subject to judicial review.
    (d) Species Relocations.--In the case of a covered permit
application for a public safety project that authorizes species
relocation pursuant to subsection (b)(2)(C), the Secretary, acting
through the United States Fish and Wildlife Service, any Federal land
management agency, the National Marine Fisheries Service, or a State
conservation agency, shall relocate from the project any the members of
a threatened or endangered species of plant or animal that the relevant
Federal agencies determine would be taken in the course of the project.
    (e) Applicability.--This section shall apply to a covered permit
application for a public safety project submitted after the date of
enactment of this Act.
    (f) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report on the implementation of this section.
    (g) Definitions.--In this section, the following definitions apply:
            (1) Covered permit application.--The term ``covered permit
        application'' means an application for a permit to discharge
        dredge or fill material submitted by a State or municipality
        under section 404 of the Federal Water Pollution Control Act
        (33 U.S.C. 1344).
            (2) Municipality.--The term ``municipality'' has the
        meaning given that term in section 502 of the Federal Water
        Pollution Control Act (33 U.S.C. 1362).
            (3) Person.--The term ``person'' has the meaning given that
        term in section 502 of the Federal Water Pollution Control Act
        (33 U.S.C. 1362).
            (4) Public safety project.--The term ``public safety
        project'' means a project that has one of the following as its
        primary purpose:
                    (A) The construction of a levee, self-closing flood
                barrier, seawall, or flood gate.
                    (B) Slough and stream construction and dredging for
                flood control.
                    (C) The construction of a retention pond for a
                residential area.
                    (D) The construction of a road or bridge to be used
                for evacuation purposes in the case of a hurricane,
                wildfire, or other extreme weather event.
                    (E) The construction of a storm water conveyance
                facility.

Summary: Public Infrastructure Modernization Act of 2013 - Requires the Secretary of the Army to approve or disapprove a covered permit application for a public safety project within two years after the application is submitted. Requires an application upon which the Secretary fails to act within such time to be considered under an expedited process, unless the governor of the state in which the project is to be located issues a declaration of emergency with respect to the project. Defines quot, covered permit applicationquot. As an application for a permit to discharge dredge or fill material submitted by a state or municipality under the Federal Water Pollution Control Act . Directs the Secretary to establish such an expedited process, under which the Secretary shall: (1) prepare an environmental assessment or an environmental impact statement, (2) weigh the public safety aspects of the project as greater than the environmental costs, and (3) complete consultation with other agencies within six months. Provides that the Secretary, in issuing a permit under the expedited process: (1) may not require mitigation costs in an amount that exceeds 20 of the project's total cost, and (2) may relocate from the project any of the members of a threatened or endangered species of plant or animal that the relevant federal agencies determine would be taken in the course of the project. Authorizes the state or municipality that submitted a covered permit application for a project, if a governor issues a declaration of emergency with respect to the project, to request that: (1) the application be considered under the expedited process. Or (2) the Council on Environmental Quality approve the project or create an alternative, which must be done within 90 days or the application shall be deemed approved and the environmental requirements shall be deemed satisfied.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Environmental Technologies
Agency Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) environmental problems facing the world pose a threat
        to the environmental security of the United States and other
        nations;
            (2) the causes of many of environmental problems lie in the
        use of environmentally damaging technologies in areas such as
        transportation, energy production, industrial manufacturing,
        and product use;
            (3) the development and deployment of environmentally safe
        technologies will both enhance the nations environmental
        security and the economic standing of the Nation in the world's
        market place; and
            (4) the Federal Government should play a significant role
        in enhancing the Nation's environmental security by--
                    (A) facilitating the development and deployment of
                environmentally safe technologies that provide
                solutions to environmental problems; and
                    (B) assisting in the diffusion of knowledge of
                environmentally safe technologies throughout the
                Nation.
    (b) Purpose.--It is the purpose of this Act to assist the efforts
of private industry, universities, nonprofit research centers, and
government laboratories to provide environmentally safe technical
solutions to problems threatening the Nation's environmental security
and, in the process, to help the Nation's competitiveness.

SEC. 3. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``Administrator'' means the Administrator of
        the National Environmental Technologies Agency;
            (2) the term ``Advisory Council'' means the Industry and
        Academia Advisory Council established by section 5;
            (3) the term ``Agency'' means the National Environmental
        Technologies Agency established by section 4; and
            (4) the term ``Fund'' means the Critical Technologies
        Revolving Fund established by section 9.

SEC. 4. ESTABLISHMENT OF AGENCY.

    (a) Establishment.--There is established as an independent
establishment of the United States the National Environmental
Technologies Agency.
    (b) Administrator.--(1) The Agency shall be headed by the
Administrator of the National Environmental Technologies Agency, who
shall be appointed by the President, with the advice and consent of the
Senate.
    (2) Section 5313 of title 5, United States Code, is amended by
adding at the end the following new item:
            ``Administrator, National Environmental Technologies
        Agency.''.
    (c) Staff.--The Administrator may appoint a staff of professionals
with skills in the area of program definition and management and such
support staff as the Administrator determines to be necessary, of which
no more than 3 may be in positions of confidential or policy-making
character.
    (d) Functions.--It shall be the function of the Agency to--
            (1) coordinate planning by the departments, agencies, and
        independent establishments of the United States relating to
        restoration and protection of the environment;
            (2) identify areas that--
                    (A) need technical solutions to maintain the
                environmental security of the Nation;
                    (B) are not receiving the long-term product-
                oriented research that is necessary to meet those
                needs; and
                    (C) exhibit the greatest promise for the successful
                development of solutions;
            (3) support and assist the development of technology having
        potential future application in the restoration and protection
        of the environment;
            (4) coordinate among the departments, agencies, independent
        establishments of the United States and the private sector the
        exchange of technological information relating to restoration
        and protection of the environment;
            (5) support continuing research and development of advanced
        technologies by industrial, academic, and governmental and
        nongovernmental entities;
            (6) monitor on a continuing basis the research and
        development being conducted on advanced technologies by private
        industry in the United States; and
            (7) promote continuing development of a technological
        industrial base in the United States.
    (e) Interagency Advisory Committee.--(1) There is established an
interagency advisory committee composed of--
            (A) the Administrator of the Environmental Protection
        Agency, who shall be chair of the committee;
            (B) the Director of the Office of Science and Technology
        Policy, or the Director's designee;
            (C) the Secretary of Energy, or the Secretary's designee;
            (D) the Secretary of Commerce, or the Secretary's designee;
            (E) the Secretary of State, or the Secretary's designee;
            (F) the Secretary of Defense, or the Secretary's designee;
        and
            (G) the Administrator of the National Aeronautics and Space
        Administration, or the Administrator's designee.
    (2) The interagency advisory committee shall advise and provide
information to the Agency with respect to the needs and concerns of
their agencies in the field of environmental technologies.

SEC. 5. INDUSTRY AND ACADEMIA ADVISORY COUNCIL.

    (a) Establishment.--There is established the Industry and Academia
Advisory Council.
    (b) Membership.--(1) The Advisory Council shall consist of 9
members appointed by the Administrator, at least 5 of whom shall be
from United States industry.
    (2) The persons appointed as members of the Advisory Council--
            (A) shall be eminent in fields such as business, research,
        new product development, engineering, labor, education,
        management consulting, environment, and international
        relations;
            (B) shall be selected solely on the basis of established
        records of distinguished service; and
            (C) shall not be employees of the Federal Government.
    (3) In making appointments of persons as members of the Advisory
Council, the Administrator shall give due consideration to any
recommendations that may be submitted to the Director by the National
Academies, professional societies, business associations, labor
associations, and other appropriate organizations.
    (c) Terms.--(1)(A) Subject to paragraph (2), the term of office of
a member of the Advisory Council shall be 3 years.
    (B) A member appointed to fill a vacancy occurring prior to the
expiration of the term for which the member's predecessor was appointed
shall be appointed for the remainder of that term.
    (C) A member who has completed 2 consecutive full terms on the
Advisory Council shall not be eligible for reappointment until 1 year
after the expiration of the second such term.
    (2) The initial members of the Advisory Council shall be appointed
to 3 classes of 3 members each, one class having a term of 1 year, one
a term of 2 years, and one a term of 3 years.
    (3)(A) The Advisory Council shall meet at least quarterly at the
call of the chair or whenever one-third of the members so request in
writing.
    (B) A majority of the members of the council not having a conflict
of interest in a matter under consideration by the Advisory Council
shall constitute a quorum.
    (C) Each member shall be given appropriate notice of a meeting of
the Advisory Council, not less than 15 days prior to any meeting, if
possible.
    (4)(A) The Advisory Council shall appoint from among its members a
person to serve as chair and a person to serve as vice chair.
    (B) The vice chair of the Advisory Council shall perform the duties
of the chair in the absence of the chair.
    (5) The Advisory Council shall review and make recommendations
regarding general policy for the Agency, its organization, its budget,
and its programs within the framework of national policies set forth by
the President and the Congress.

SEC. 6. GENERAL AUTHORITY OF THE ADMINISTRATOR.

    (a) Authority.--In carrying out the functions of the Agency, the
Administrator may--
            (1) enter into, perform, and guarantee contracts, leases,
        grants, and cooperative agreements with any department, agency,
        or independent establishment of the United States or with any
        person;
            (2) use the services, equipment, personnel, or facilities
        of any other department, agency, or independent establishment
        of the United States, with the consent of the head of the
        department, agency, or independent establishment and with or
        without reimbursement, and cooperate with public and private
        entities in the use of such services, equipment, and
        facilities;
            (3) supervise, administer, and control the activities
        within the departments, agencies, and independent
        establishments of the United States relating to patents,
        inventions, trademarks, copyrights, royalty payments, and
        matters connected therewith that pertain to technologies
        relating to restoration and protection of the environment; and
            (4) appoint 1 or more advisory committees or councils, in
        addition to those established by sections 4(e) and 5, to
        consult with and advise the Administrator.
    (b) Transfer of Technology.--The Administrator may transfer to the
domestic private sector technology developed by or with the support of
the Agency if the Administrator determines that the technology may have
potential application in private activities relating to restoration and
protection of the environment.

SEC. 7. COOPERATIVE AGREEMENTS AND OTHER ARRANGEMENTS.

    (a) In General.--In carrying out the functions of the Agency, the
Administrator may enter into a cooperative agreement or other
arrangement with any department, agency, or independent establishment
of the United States, any unit of State or local government, any
educational institution, or any other public or private person or
entity.
    (b) Authority To Require Payment.--(1) A cooperative agreement or
other arrangement entered into under subsection (a) may include a
provision that requires a person or other entity to make payments to
the Agency (or any other department, agency, or independent
establishment of the United States) as a condition to receiving
assistance from the Agency under the agreement or other arrangement.
    (2) The amount of any payment received by a department, agency, or
independent establishment of the United States pursuant to a provision
required under paragraph (1) shall be credited to the Fund in such
amount as the Administrator may specify.
    (c) Nonduplication and Other Conditions.--The Administrator shall
ensure that--
            (1) the authority under this section is used only when the
        use of standard contracts or grants is not feasible or
        appropriate; and
            (2) to the maximum extent practicable, a cooperative
        agreement or other arrangement entered into under this
        section--
                    (A) does not provide for research that duplicates
                research being conducted under other programs carried
                out by a department, agency, or independent
                establishment of the United States; and
                    (B) requires the other party to the agreement or
                arrangement to share the cost of the project or
                activity concerned.

SEC. 8. PROGRAM REQUIREMENTS.

    (a) Selection Criteria.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall publish in the Federal
Register proposed criteria, and not later than 180 days after the date
of enactment of this Act, following a public comment period, final
criteria, for the selection of recipients of contracts, leases, grants,
and cooperative agreements under this Act.
    (b) Financial Reporting and Auditing.--The Administrator shall
establish procedures regarding financial reporting and auditing to
ensure that contracts and awards are used for the purposes specified in
this section, are in accordance with sound accounting practices, and
are not funding existing or planned research programs that would be
conducted in the same time period in the absence of financial
assistance under this Act.
    (c) Advice of the Advisory Council.--The Administrator shall ensure
that the advice of the Advisory Council is considered routinely in
carrying out the responsibilities of the Agency.
    (d) Dissemination of Research Results.--The Administrator shall
provide for appropriate dissemination of research results of the
Agency's program.
    (e) Contracts or Awards; Criteria; Restrictions.--(1) No contract
or award may be made under this Act until the research project in
question has been subject to a merit review, and has, in the opinion of
the reviewers appointed by the Administrator, been shown to have
scientific and technical merit.
    (2) Federal funds made available under this Act shall be used only
for direct costs and not for indirect costs, profits, or management
fees of the contractor.
    (3) In determining whether to make an award to a joint venture, the
Administrator shall consider whether the members of the joint venture
have provided for the appropriate participation of small United States
businesses in the joint venture.
    (4) Section 552 of title 5, United States Code, shall not apply to
the following information obtained by the Federal Government on a
confidential basis in connection with the activities of any business or
any joint venture that receives funding under this Act:
            (A) Information on the business operation of a member of
        the business or joint venture.
            (B) Trade secrets possessed by any business or by a member
        of the joint venture.
    (5) Intellectual property owned and developed by a business or
joint venture that receives funding under this Act or by any member of
such a joint venture may not be disclosed by any officer or employee of
the United States except in accordance with a written agreement between
the owner or developer and the Administrator.
    (6) The United States shall be entitled to a share of the licensing
fees and royalty payments made to and retained by a business or joint
venture to which it contributes under this section in an amount
proportionate to the Federal share of the costs incurred by the
business or joint venture, as determined by independent audit.
    (7) A contract or award under this Act shall contain appropriate
provisions for discontinuance of the project and return of the unspent
Federal funds to the Agency (after payment of all allowable costs and
an audit) if--
            (A) due to technical difficulties, financial difficulty on
        the part of the recipient, or for any other reason, the
        recipient is not making satisfactory progress toward successful
        completion of the project; or
            (B) despite satisfactory progress on the progress, it
        appears that the project will not achieve satisfactorily the
        goals of the project.
    (8) Upon dissolution of a joint venture that receives funding under
this Act or at a time otherwise agreed upon, the United States shall be
entitled to a share of the residual assets of a joint venture that is
proportionate to the Federal share of the costs of the joint venture,
as determined by independent audit.

SEC. 9. REVOLVING FUND.

    (a) Establishment.--There is established in the Treasury of the
United States a revolving fund to be known as the ``Environmental
Advanced Research Projects Revolving Fund'', which shall consist of
such amounts as are appropriated or credited to it from time to time.
    (b) Expenditures From the Fund.--Amounts in the Fund shall be
available, as provided in appropriations Acts, to carry out the
purposes of this Act.
    (c) Loans, Grants, and Other Financial Assistance.--(1) The
Administrator may use the Fund for the purpose of making loans, grants,
and other financial assistance to industrial and nonprofit research
centers, universities, and other entities that serve the long-term
environmental security needs of the United States, to carry out the
purposes of this Act.
    (2) A loan made under this section shall bear interest at a rate
determined by the Secretary of the Treasury (as of the close of the
calendar month preceding the month in which the loan is made) to be 3
percent less than the current market yield on outstanding marketable
obligations of the United States with remaining periods to maturity
comparable to the period for which the loan is made.
    (3) Repayments on a loan made under this section and the proceeds
from any other agreement entered into by the Administrator under this
Act shall be credited to the Fund.
    (d) Management of Fund.--(1) The Secretary of the Treasury shall
manage the Fund and, after consultation with the Administrator, report
to Congress each year on the financial condition and the results of the
operation of the Fund during the preceding fiscal year and on the
expected condition and operations of the Fund during the next 5 fiscal
years.
    (2)(A) The Secretary of the Treasury shall invest the portion of
the Fund that is not, in the judgment of the Secretary, required to
meet current withdrawals.
    (B) Investments of monies in the Fund may be made only in interest-
bearing obligations of the United States.

SEC. 10. ANNUAL REPORT.

    The Administrator shall submit a report to Congress annually
describing--
            (1) the activities of the Agency;
            (2) the Agency's plans for future activities;
            (3) the manner and extent to which technologies developed
        with assistance from the Agency have been used; and
            (4) the extent to which those technologies have been
        transferred overseas.

SEC. 11. APPROPRIATIONS.

    (a) Amounts.--There are authorized to be appropriated to the Agency
to carry out this Act $75,000,000 for fiscal year 1993, $140,000,000
for fiscal year 1994, and $200,000,000 for fiscal year 1995.
    (b) Limitation on Use.--Of amounts appropriated to the Agency, no
more than 5 percent may be used to pay for administrative expenses of
the Agency.

S 425 IS----2

Summary: National Environmental Technologies Agency Act - Establishes the National Environmental Technologies Agency to: (1) coordinate Federal environmental restoration and protection planning. (2) identify areas that need technical solutions to maintain environmental security, are not receiving product-oriented research necessary to meet those needs, and exhibit the greatest promise for the development of solutions. (3) support the development of technology having future application in environmental restoration and protection. (4) coordinate the exchange of technological information relating to environmental restoration and protection between Federal agencies and the private sector, (5) support continuing research and development of advanced technologies. (6) monitor research and development being conducted on advanced technologies by private industry. And (7) promote continuing development of a technological industrial base in the United States. Establishes the Industry and Academia Advisory Council to make recommendations regarding general policy for the Agency. Permits the Agency Administrator to transfer to the domestic private sector technology developed with the support of the Agency if the technology may have potential application in private activities relating to environmental restoration and protection. Provides for dissemination of the results of Agency research. Directs the Administrator, in determining whether to make an award to a joint venture, to consider whether the joint venture has provided for appropriate participation of US small businesses. Entitles the United States to a share of licensing fees and royalty payments made to a joint venture in an amount proportionate to the Federal share of costs incurred. Provides for the return of unspent Federal funds to the Agency if it appears that the recipient is not making satisfactory progress toward successful completion of the project. Entitles the United States, upon dissolution of a joint venture that receives funding under this Act, to a share of the residual assets proportionate to the Federal share of costs. Establishes the Environmental Advanced Research Projects Revolving Fund. Authorizes the use of the Fund to provide financial assistance to entities that serve long-term environmental security needs. Authorizes appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``On-the-Job Training Tax Credit Act
of 2015''.

SEC. 2. ON-THE-JOB TRAINING TAX CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:

``SEC. 45S. ON-THE-JOB TRAINING TAX CREDIT.

    ``(a) In General.--For purposes of section 38, in the case of an
eligible employer, the on-the-job training tax credit determined under
this section with respect to any eligible employee of the employer is
an amount equal to the lesser of--
            ``(1) 50 percent of the job training program expenditures
        of the taxpayer with respect to such employee during the
        taxable year, or
            ``(2) $5,000.
    ``(b) Eligible Employer.--For purposes of this section, the term
`eligible employer' means an employer which employed an average of not
more than 500 full-time employees during the taxable year.
    ``(c) Job Training Program Expenses.--For purposes of this
section--
            ``(1) In general.--The term `job training program expenses'
        means amounts paid or incurred by the employer for expenses
        incurred by or on behalf of an eligible employee for
        participation in a qualified training program.
            ``(2) Qualified training program.--For purposes of this
        subsection, the term `qualified training program' means any of
        the following written plans of study and training:
                    ``(A) An apprenticeship program registered and
                certified with the Secretary of Labor under section 1
                of the National Apprenticeship Act (29 U.S.C. 50).
                    ``(B) A program licensed, registered, or certified
                by the workforce investment board or apprenticeship
                agency or council of a State or administered in
                compliance with apprenticeship laws of a State.
                    ``(C) A program conducted by a vocational or
                technical education school, community college,
                industrial or trade training organization, or labor
                organization.
                    ``(D) A program which conforms to apprentice
                training programs developed or administered by an
                employer trade group or committee.
                    ``(E) An industry sponsored or administered program
                which is clearly identified and commonly recognized.
    ``(d) Eligible Employee.--For purposes of this section, the term
`eligible employee' means any employee of the employer, who while
participating in the job skills training program is employed on average
at least 40 hours of service per week.
    ``(e) Recapture of Credit for Employee Not Performing Minimum
Service.--
            ``(1) In general.--In the case of any employee with respect
        to whom a credit is allowed under this section and whose
        employment is terminated by the employer (other than by reason
        of such employee's gross misconduct) before the end of the 2-
        year period beginning on the first day of the employee's study
        or training with respect to which a credit is allowed under
        this section, the tax of the taxpayer under this chapter for
        the taxable year during which such termination occurs shall be
        increased by an amount equal to--
                    ``(A) the aggregate decrease in the credits allowed
                under section 38 for all prior taxable years which
                would have resulted if the job training program
                expenses with respect to such employee had been zero,
                multiplied by
                    ``(B) the inclusion ratio.
            ``(2) Inclusion ratio.--For purposes of this subsection,
        the inclusion ratio is the ratio which--
                    ``(A) an amount equal to the difference of--
                            ``(i) the number of days in the 2-year
                        period, over
                            ``(ii) the number of days such employee was
                        employed by the employer during such 2-year
                        period, bears to
                    ``(B) the number of days in the 2-year period.
    ``(f) Controlled Groups.--For purposes of this section, all persons
treated as a single employer under subsection (b), (c), (m), or (o) of
section 414 shall be treated as a single employer.
    ``(g) Termination.--The section shall not apply amounts paid or
incurred during taxable years beginning after December 31, 2017.''.
    (b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code is amended by striking ``plus'' at the end
of paragraph (35), by striking the period at the end of paragraph (36)
and inserting ``, plus'', and by adding at the end the following new
paragraph:
            ``(37) the on-the-job training tax credit determined under
        section 45S(a).''.
    (c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

``Sec. 45S. On-the-job training tax credit.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.

Summary: On-the-Job Training Tax Credit Act of 2015 Amends the Internal Revenue Code to allownbsp. Employers who employ not more than 500 full-time employees during the taxable year an on-the-job training tax credit equal to the lesser of: 50 of the job training programnbsp, expenditures for a full-timenbsp. Employee participating in a qualified training program, or $5,000. Defines quot, qualified training programquot. As a written plan of study and training that is either: (1) an apprenticeship program registered and certified with the Department of Labor under the National Apprenticeship Act. (2) a program licensed, registered, or certified by the workforce investment board or apprenticeship agency or council of a state or administered in compliance with state apprenticeship laws. (3) a program conducted by a vocational or technical education school, community college, industrial or trade training organization, or labor organization. (4) a program which conforms to apprentice training programs developed or administered by an employer trade group or committee. Or (5) an industry-sponsored or -administered program which is clearly identified and commonly recognized. Terminates such credit after 2017.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Drinking Water Assistance Act
of 2017''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) safe and clean drinking water is essential to the
        health, well-being, comfort, and standard of living of every
        person of the United States;
            (2) emerging contaminants in drinking water systems are
        increasingly being detected at low levels;
            (3) prolonged exposure to unregulated drinking water
        contaminants, including emerging contaminants, may pose human
        health risks, particularly to vulnerable populations;
            (4) the Safe Drinking Water Act (42 U.S.C. 300f et seq.),
        requires the Administrator of the Environmental Protection
        Agency--
                    (A) to periodically make regulatory determinations
                with respect to unregulated contaminants; and
                    (B) not less frequently than once every 5 years, to
                identify and publish a description of unregulated
                contaminants that may require regulation;
            (5) in a 2011 report of the Government Accountability
        Office, the Comptroller General of the United States found,
        with respect to unregulated drinking water contaminants, that--
                    (A) the Administrator has made limited progress in
                prioritizing drinking water contaminants based on
                greatest public health concern;
                    (B) the lack of data relating to the exposure of
                the public to potentially harmful drinking water
                contaminants and the related health effects of that
                exposure continues to limit the ability of the
                Administrator to make regulatory determinations; and
                    (C) in many cases, gathering sufficient data to
                address contaminants awaiting regulatory determinations
                by the Administrator has taken the Administrator more
                than 10 years, and obtaining data on other contaminants
                that are currently awaiting regulatory determinations
                may take decades;
            (6) in the 2016 Drinking Water Action Plan of the
        Environmental Protection Agency, the Administrator recommended
        that the Government and key water stakeholders strengthen the
        effectiveness of drinking water health advisories through
        enhanced collaboration and increased focus on risk management
        and risk communication approaches; and
            (7) it is vital that legislators, regulatory officials,
        public water system owners and operators, scientists, and
        environmental advocacy groups continue to work to ensure that
        the public water systems of the United States are among the
        safest in the world.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Contaminant.--The term ``contaminant'' means any
        physical, chemical, biological, or radiological substance or
        matter in water.
            (3) Contaminant of emerging concern; emerging
        contaminant.--The terms ``contaminant of emerging concern'' and
        ``emerging contaminant'' mean a contaminant--
                    (A) for which the Administrator has not promulgated
                a national primary drinking water regulation; and
                    (B) that may have an adverse effect on the health
                of individuals.
            (4) Federal research strategy.--The term ``Federal research
        strategy'' means the interagency Federal research strategy
        developed under section 4(c)(1)(A)(i).
            (5) Working group.--The term ``Working Group'' means the
        Working Group established under section 4(b)(1).

SEC. 4. RESEARCH AND COORDINATION PLAN FOR ENHANCED RESPONSE ON
              EMERGING CONTAMINANTS.

    (a) In General.--The Administrator shall--
            (1) review Federal efforts--
                    (A) to identify, monitor, and assist in the
                development of treatment methods for emerging
                contaminants; and
                    (B) to assist States in responding to the human
                health challenges posed by contaminants of emerging
                concern; and
            (2) in collaboration with owners and operators of public
        water systems, States, and other interested stakeholders,
        establish a strategic plan for improving the Federal efforts
        referred to in paragraph (1).
    (b) Interagency Working Group on Emerging Contaminants.--
            (1) In general.--Not later than 90 days after the date of
        enactment of this Act, the Administrator and the Secretary of
        Health and Human Services shall jointly establish a Working
        Group to coordinate the activities of the Federal Government to
        identify and analyze the public health effects of drinking
        water contaminants of emerging concern.
            (2) Membership.--The Working Group shall include
        representatives of the following:
                    (A) The Environmental Protection Agency, appointed
                by the Administrator.
                    (B) The following agencies, appointed by the
                Secretary of Health and Human Services:
                            (i) The National Institutes of Health.
                            (ii) The Centers for Disease Control and
                        Prevention.
                            (iii) The Agency for Toxic Substances and
                        Disease Registry.
                    (C) The United States Geological Survey, appointed
                by the Secretary of the Interior.
                    (D) Any other Federal agency the assistance of
                which the Administrator determines to be necessary to
                carry out this subsection, appointed by the head of the
                respective agency.
            (3) Existing working group.--The Administrator may expand
        or modify the duties of an existing working group to perform
        the duties of the Working Group under this subsection.
    (c) National Emerging Contaminant Research Initiative.--
            (1) Federal research strategy.--
                    (A) In general.--Not later than 90 days after the
                date of enactment of this Act, the Director of the
                Office of Science and Technology Policy (referred to in
                this subsection as the ``Director'') shall coordinate
                with the heads of the agencies described in
                subparagraph (C) to establish a National Emerging
                Contaminant Research Initiative that shall develop--
                            (i) an interagency Federal research
                        strategy that specifies and prioritizes the
                        short-term and long-term research necessary to
                        improve the identification, analysis,
                        monitoring, and treatment methods of
                        contaminants of emerging concern; and
                            (ii) any necessary program, policy, or
                        budget to support the implementation of the
                        Federal research strategy, including mechanisms
                        for joint agency review of research proposals,
                        for interagency cofunding of research
                        activities, and for information sharing across
                        agencies.
                    (B) Research on emerging contaminants.--In carrying
                out subparagraph (A), the Director shall--
                            (i) take into consideration consensus
                        conclusions from peer-reviewed, pertinent
                        research on emerging contaminants; and
                            (ii) in consultation with the
                        Administrator, identify priority emerging
                        contaminants for research emphasis.
                    (C) Federal participation.--The agencies described
                in this subparagraph include--
                            (i) the National Science Foundation;
                            (ii) the National Institutes of Health;
                            (iii) the Environmental Protection Agency;
                            (iv) the National Institute of Standards
                        and Technology;
                            (v) the United States Geological Survey;
                        and
                            (vi) any other Federal agency that
                        contributes to research in water quality,
                        environmental exposures, and public health, as
                        determined by the Director.
                    (D) Nongovernmental participation.--In carrying out
                subparagraph (A), the Director shall consult with
                nongovernmental organizations and science and research
                institutions determined by the Director to have
                scientific or material interest in the National
                Emerging Contaminant Research Initiative.
            (2) Implementation of research recommendations.--
                    (A) In general.--Not later than 1 year after the
                date on which the Director completes the Federal
                research strategy, the head of each agency described in
                paragraph (1)(C) shall--
                            (i) issue a solicitation for research
                        proposals consistent with the Federal research
                        strategy; and
                            (ii) make grants to applicants that submit
                        research proposals selected by the National
                        Emerging Contaminant Research Initiative in
                        accordance with subparagraph (B).
                    (B) Selection of research proposals.--The National
                Emerging Contaminant Research Initiative shall select
                research proposals to receive grants under this
                paragraph on the basis of merit, using criteria
                identified by the Director, including the likelihood
                that the proposed research will result in significant
                progress toward achieving the objectives identified in
                the Federal research strategy.
                    (C) Eligible entities.--Any entity or group of two
                or more entities may submit to the head of each agency
                described in paragraph (1)(C) a research proposal in
                response to the solicitation for research proposals
                described in subparagraph (A), including--
                            (i) State and local agencies;
                            (ii) public institutions, including public
                        institutions of higher education;
                            (iii) private corporations; and
                            (iv) nonprofit organizations.
    (d) Federal Assistance and Support for States.--
            (1) Study.--
                    (A) In general.--Not later than 180 days after the
                date of enactment of this Act, the Administrator shall
                conduct a study on actions the Administrator can take
                to increase assistance and support for States that
                require testing facilities for emerging contaminants in
                drinking water samples.
                    (B) Contents of study.--In carrying out the study
                described in subparagraph (A), the Administrator shall
                identify--
                            (i) methods to increase technical
                        assistance on emerging contaminants to States,
                        including identifying opportunities for States
                        to improve communication with various audiences
                        about the risks associated with emerging
                        contaminants;
                            (ii) means to facilitate access to
                        qualified contract testing laboratory
                        facilities that conduct analyses for emerging
                        contaminants; and
                            (iii) actions to be carried out at existing
                        Federal laboratory facilities, including the
                        research facilities of the Administrator, to
                        provide analytical support for States that
                        require testing facilities for emerging
                        contaminants.
            (2) Report.--Not later than 1 year after the date of
        enactment of this Act, the Administrator shall submit to
        Congress a report describing the results of the study described
        in paragraph (1).
            (3) Program to provide federal assistance to states.--
                    (A) In general.--Not later than 3 years after the
                date of enactment of this Act, based on the findings in
                the report described in paragraph (2), the
                Administrator shall develop a program to provide
                assistance to eligible States for the testing and
                analysis of emerging contaminants.
                    (B) Application.--
                            (i) In general.--To be eligible for
                        assistance under this paragraph, a State shall
                        submit to the Administrator an application at
                        such time, in such manner, and containing such
                        information as the Administrator may require.
                            (ii) Criteria.--The Administrator shall
                        evaluate an application for assistance under
                        this paragraph on the basis of merit using
                        criteria identified by the Administrator,
                        including--
                                    (I) the laboratory facilities
                                available to the State;
                                    (II) the availability and
                                applicability of existing analytical
                                methodologies;
                                    (III) the potency and severity of
                                the emerging contaminant, if known; and
                                    (IV) the prevalence and magnitude
                                of the emerging contaminant.
                            (iii) Prioritization.--In selecting States
                        to receive assistance under this paragraph, the
                        Administrator--
                                    (I) shall give priority to States
                                with affected areas primarily in
                                financially distressed communities; and
                                    (II) may--
                                            (aa) waive the application
                                        process in an emergency
                                        situation; and
                                            (bb) require an abbreviated
                                        application process for the
                                        continuation of past monitoring
                                        support.
                    (C) Database of available resources.--The
                Administrator shall establish and maintain a database
                of resources available through the program developed
                under subparagraph (A) to assist States with testing
                for emerging contaminants that--
                            (i) is--
                                    (I) available to States and
                                stakeholder groups determined by the
                                Administrator to have scientific or
                                material interest in emerging
                                contaminants, including--
                                            (aa) drinking water and
                                        wastewater utilities;
                                            (bb) laboratories;
                                            (cc) Federal and State
                                        emergency responders;
                                            (dd) State primacy
                                        agencies;
                                            (ee) public health
                                        agencies; and
                                            (ff) water associations;
                                    (II) searchable; and
                                    (III) accessible through the
                                website of the Administrator; and
                            (ii) includes a description of--
                                    (I) qualified contract testing
                                laboratory facilities that conduct
                                analyses for emerging contaminants; and
                                    (II) the resources available in
                                Federal laboratory facilities to test
                                for emerging contaminants.
                    (D) Water contaminant information tool.--The
                Administrator shall integrate the database established
                under subparagraph (C) into the Water Contaminant
                Information Tool of the Environmental Protection
                Agency.
            (4) Funding.--The Administrator may request funding as
        necessary to carry out this subsection, but in no case shall
        funding to carry out this subsection exceed $15,000,000 in any
        fiscal year.
    (e) Report.--Not less frequently than biannually, the Administrator
shall submit to Congress a report that describes the progress made in
carrying out this Act.
    (f) Effect.--Nothing in this section modifies any obligation of a
State, local government, or Indian tribe with respect to treatment
methods for, or testing or monitoring of, drinking water.

Summary: Safe Drinking Water Assistance Act of 2017 This bill addresses contaminants of emerging concern , which are not regulated under a national primary drinking water regulation and may have an adverse effect on human health. The Environmental Protection Agency (EPA) must review federal efforts to: (1) identify, monitor, and assist in the development of treatment methods for emerging contaminants. And (2) assist states in responding to the human health challenges posed by those contaminants. In addition, the EPA must establish a strategic plan for improving those efforts. The EPA and the Department of Health and Human Services must jointly establish an interagency working group to coordinate federal activities that identify and analyze the public health effects of emerging contaminants. The Office of Science and Technology Policy must establish a National Emerging Contaminant Research Initiative for developing an interagency federal research strategy that specifies and prioritizes the research necessary to improve the identification, analysis, monitoring, and treatment methods of emerging contaminants. Specified federal agencies must make grants for research proposals selected by the initiative as likely to result in significant progress toward achieving the strategy's objectives. The EPA must: (1) report on actions it may take to increase support for states that require testing facilities for emerging contaminants in drinking water samples. And (2) develop a program, based on the report's findings, to provide assistance to eligible states for the testing and analysis of emerging contaminants.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Accountability Act of
2013''.

SEC. 2. SEMIANNUAL REPORTS TO CONGRESS ON COST OF CERTAIN TRAVEL.

    (a) In General.--Subchapter I of chapter 5 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 518. Semiannual reports to Congress on cost of certain travel
    ``(a) Semiannual Reports.--Not later than June 30, 2014, and not
later than 60 days after each 180-day period thereafter, the Secretary
shall submit to the Committee on Veterans' Affairs of the House of
Representatives and the Committee on Veterans' Affairs of the Senate a
semiannual report on covered travel made during the 180-day period
covered by the report.
    ``(b) Matters Included.--Each report under subsection (a) shall
include the following:
            ``(1) With respect to each instance of covered travel made
        during the period covered by the report--
                    ``(A) the purpose of such travel;
                    ``(B) the destination;
                    ``(C) the name and title of each employee included
                on such travel;
                    ``(D) the duration of such travel;
                    ``(E) the total cost to the Department of such
                travel; and
                    ``(F) with respect to covered travel described in
                subsection (d)(2), the identity of the person or entity
                that paid or reimbursed for such travel.
            ``(2) The final costs to the Department with respect to all
        covered travel made during the period covered by the report,
        including costs relating to--
                    ``(A) transportation, including fares for travel by
                air, rail, bus, ferry, cruise ship, taxi, mass transit,
                or other mode of transportation;
                    ``(B) expenses or reimbursements relating to
                operating and maintaining a car, including the costs of
                fuel and mileage;
                    ``(C) passport and visa fees;
                    ``(D) lodging;
                    ``(E) per diem payments;
                    ``(F) baggage charges;
                    ``(G) computer rental fees;
                    ``(H) rental of halls, auditoriums, or other
                spaces;
                    ``(I) entertainment;
                    ``(J) contractors;
                    ``(K) registration fees; and
                    ``(L) promotional items.
    ``(c) Duplicative Information.--Each report under subsection (a)
shall include the information described in subsection (b) regardless of
whether such information is also included in a report under section 517
of this title.
    ``(d) Covered Travel Defined.--In this section, the term `covered
travel' means travel made by an employee of the Department of Veterans
Affairs, including an employee who is stationed in a foreign country,
on official business to any of the following locations:
            ``(1) If the Department or other element of the Federal
        Government pays for such travel, a location outside of--
                    ``(A) the several States;
                    ``(B) the District of Columbia;
                    ``(C) a territory, commonwealth, or possession of
                the United States;
                    ``(D) Indian lands (as defined in section 4(4) of
                the Indian Gaming Regulatory Act (25 U.S.C. 2703(4)));
                or
                    ``(E) the territorial waters of the United States.
            ``(2) If any person or entity other than the Federal
        Government pays (or reimburses) for such travel, any location,
        regardless of whether the location is inside or outside of the
        United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
517 the following new item:

``518. Semiannual reports to Congress on cost of certain travel.''.

SEC. 3. REPORT OF INFECTIOUS DISEASE AT MEDICAL FACILITIES OF
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 7311 of title 38, United States Code, is
amended by adding at the end the following new subsection:
    ``(f)(1) The Secretary shall report to the appropriate entity each
case of a notifiable infectious disease or condition that is diagnosed
at a medical facility of the Department of Veterans Affairs in
accordance with the laws of the State in which the facility is located.
    ``(2) In addition to reporting each case of a notifiable infectious
disease or condition at a medical facility of the Department pursuant
to paragraph (1), the Secretary shall report each such case that is
classified as a health-care-associated infection sentinel event to the
accrediting organization of such facility.
    ``(3)(A) If the Secretary fails to report a case of a notifiable
infectious disease or condition at a medical facility of the Department
in accordance with State law pursuant to paragraph (1), the Secretary
shall--
            ``(i) take any remedial action required under the laws of
        the State to correct such failure; and
            ``(ii) if the Secretary does not correct such failure
        pursuant to clause (i), pay to the State an amount equal to the
        amount that a medical facility not owned by the Federal
        Government that is located in the same State would pay as a
        penalty to such State for such failure.
    ``(B) The State may file a civil action against the Secretary in
the United States district court for the district in which the medical
facility is located to recover from the United States the amount
described in subparagraph (A)(ii).
    ``(C) A civil action under subparagraph (B) may not be commenced
later than two years after the cause of action accrues.
    ``(4)(A) In any case in which the Inspector General of the
Department suspects that a director of a Veterans Integrated Service
Network has failed to comply with an applicable provision of this
subsection, the Inspector General shall conduct an investigation to
determine whether such director failed to comply with an applicable
provision of this section.
    ``(B) If the Inspector General determines under subparagraph (A)
that a director has failed to comply with a provision of this
subsection, the Secretary shall suspend such director for such period
as the Secretary considers appropriate under subchapter I or subchapter
II of chapter 75 of title 5, as the case may be. In addition to such
suspension, the Secretary may impose such other administrative
disciplinary action on the director as the Secretary considers
appropriate and for which the Secretary is otherwise authorized.
    ``(5) The Secretary shall--
            ``(A) maintain records of each notifiable infectious
        disease or condition reported pursuant to paragraph (1); and
            ``(B) submit to the Committees on Veterans' Affairs of the
        House of Representatives and the Senate a notification of each
        such notifiable infectious disease or condition.
    ``(6) In this subsection, the term `notifiable infectious disease
or condition' means any infectious disease or condition that is--
            ``(A) on the list of nationally notifiable diseases or
        conditions published by the Council of State and Territorial
        Epidemiologists and the Centers for Disease Control and
        Prevention; or
            ``(B) covered by a provision of law of a State that
        requires the reporting of infectious diseases or conditions.''.
    (b) Effective Date.--The reporting requirement under section
7311(f) of title 38, United States Code, as added by subsection (a),
shall apply with respect to a case of a notifiable infectious disease
or condition diagnosed at a medical facility of the Department of
Veterans Affairs on or after the date that is 60 days after the date of
the enactment of this Act.

SEC. 4. PROHIBITION OF VISUAL RECORDING WITHOUT INFORMED CONSENT.

    Section 7331 of title 38, United States Code, is amended--
            (1) by striking ``The Secretary, upon'' and inserting ``(a)
        In General.--The Secretary, upon''; and
            (2) by adding at the end the following new subsection:
    ``(b) Visual Recording.--(1) The Secretary shall prescribe
regulations establishing procedures to ensure that, except as provided
by paragraph (2), any visual recording made by the Secretary of a
patient during the course of furnishing care under this title is
carried out only with the full and informed consent of the patient or,
in appropriate cases, a representative thereof.
    ``(2) The Secretary may waive the requirement for informed consent
under paragraph (1) with respect to the visual recording of a patient
if such recording is made--
            ``(A) pursuant to a determination by a physician or
        psychologist that such recording is medically necessary or
        necessary for the safety of the patient;
            ``(B) pursuant to a warrant or order of a court of
        competent jurisdiction; or
            ``(C) in a public setting where a person would not have a
        reasonable expectation to privacy, such as a waiting room or
        hallway, and such recording is for general security purposes
        not particularized to the patient.
    ``(3) In this subsection, the term `visual recording' means the
recording or transmission of images or video, but does not include--
            ``(A) medical imaging, including such imaging produced by
        radiographic procedures, nuclear medicine, endoscopy,
        ultrasound, or other similar procedures; or
            ``(B) images, video, and other clinical information
        transmitted for the purposes of providing treatment through
        telehealth and telemedicine technologies.''.
            Amend the title so as to read: ``A bill to amend title 38,
        United States Code, to direct the Secretary of Veterans Affairs
        to submit to Congress semiannual reports on the cost of certain
        travel made by employees of the Department of Veterans Affairs,
        and for other purposes.''.

Summary: Veterans Accountability Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to report semiannually to the congressional veterans committees on covered travel made by VA employees while on official business. Defines covered travel as travel: (1) outside the United States or its territories, possessions, or territorial waters, if paid for by the VA or another element of the government. Or (2) to any location, if paid for by any person or entity other than the government. Requires each report to include the name of each employee and the destination, purpose, duration, total cost, and identity of a payor other than the government. Directs the Secretary to report each case of reportable infectious disease or condition that occurs at a VA medical facility to the appropriate state entity and to report to the accrediting organization of such facility each case classified as a health-care-associated infection sentinel event. Requires the Secretary, upon a failure to report, to pay to a state the same penalty that a non-federal facility of such state would pay for a failure to report. Allows a state to file a civil action against the VA for the recovery of such amount. Requires the VA Inspector General to investigate and suspend and impose other appropriate administrative disciplinary action against a director of a Veterans Integrated Service Network who has failed to comply with such requirement. Directs the Secretary to prescribe regulations to ensure that any visual recording made by the Secretary of a patient during the course of furnishing care through the VA is carried out only with the full and informed consent of that patient. Allows the Secretary to waive such requirement if the recording is made: (1) upon a determination by a physician or psychologist that the recording is medically necessary or necessary for the patient's safety, (2) pursuant to a warrant or order of a court of competent jurisdiction, or (3) in a public setting where a person would not have a reasonable expectation to privacy and the recording is for general security purposes not particularized to the patient.

Veterans Accountability Act of 2013


SECTION 1. 1-YEAR EXTENSION OF DATE FOR COMPLIANCE BY CERTAIN COVERED
              ENTITIES WITH ADMINISTRATIVE SIMPLIFICATION STANDARDS FOR
              ELECTRONIC TRANSACTIONS AND CODE SETS.

    (a) In General.--Notwithstanding section 1175(b)(1)(A) of the
Social Security Act (42 U.S.C. 1320d-4(b)(1)(A)) and section 162.900 of
title 45 of the Code of Federal Regulations--
            (1) a health care provider shall not be considered to be in
        noncompliance with the applicable requirements of subparts I
        through N of part 162 of title 45 of the Code of Federal
        Regulations before October 16, 2003; and
            (2) a health plan (other than a small health plan) or a
        health care clearinghouse shall not be considered to be in
        noncompliance with the applicable requirements of subparts I
        through R of part 162 of title 45 of the Code of Federal
        Regulations before October 16, 2003.
    (b) Special Rules.--
            (1) Rules of construction.--Nothing in this section shall
        be construed--
                    (A) as modifying the October 16, 2003, date for
                compliance of small health plans with subparts I
                through R of part 162 of title 45 of the Code of
                Federal Regulations; or
                    (B) as modifying--
                            (i) the April 14, 2003, date for compliance
                        of a health care provider, a health plan (other
                        than a small health plan), or a health care
                        clearinghouse with subpart E of part 164 of
                        title 45 of the Code of Federal Regulations; or
                            (ii) the April 14, 2004, date for
                        compliance of a small health plan with subpart
                        E of part 164 of title 45 of the Code of
                        Federal Regulations.
            (2) Applicability of privacy requirements to certain
        transactions prior to standards compliance date.--
                    (A) In general.--Notwithstanding any other
                provision of law, during the period that begins on
                April 14, 2003, and ends on October 16, 2003, a health
                care provider or, subject to subparagraph (C), a health
                care clearinghouse, that transmits any health
                information in electronic form in connection with a
                transaction described in subparagraph (B) shall comply
                with the then applicable requirements of subpart E of
                part 164 of title 45 of the Code of Federal Regulations
                without regard to section 164.106 of subpart A of such
                part or to whether the transmission meets any standard
                formats required by part 162 of title 45 of the Code of
                Federal Regulations.
                    (B) Transactions described.--The transactions
                described in this subparagraph are the following:
                            (i) A health care claims or equivalent
                        encounter information transaction.
                            (ii) A health care payment and remittance
                        advice transaction.
                            (iii) A coordination of benefits
                        transaction.
                            (iv) A health care claim status
                        transaction.
                            (v) An enrollment and disenrollment in a
                        health plan transaction.
                            (vi) An eligibility for a health plan
                        transaction.
                            (vii) A health plan premium payments
                        transaction.
                            (viii) A referral certification and
                        authorization transaction.
                            (ix) A transaction with respect to a first
                        report of injury.
                            (x) A transaction with respect to health
                        claims attachments.
                    (C) Application to health care clearinghouses.--For
                purposes of this paragraph, during the period described
                in subparagraph (A), an entity that would otherwise
                meet the definition of health care clearinghouse that
                processes or facilitates the processing of information
                in connection with a transaction described in
                subparagraph (B) shall be deemed to be a health care
                clearinghouse notwithstanding that the entity does not
                process or facilitate the processing of such
                information into any standard formats required by part
                162 of title 45 of the Code of Federal Regulations.
    (c) Definitions.--In this section--
            (1) the terms ``health care provider'', ``health plan'',
        and ``health care clearinghouse'' have the meaning given those
        terms in section 1171 of the Social Security Act (42 U.S.C.
        1320d) and section 160.103 of part 160 of title 45 of the Code
        of Federal Regulations;
            (2) the terms ``small health plan'' and ``transaction''
        have the meaning given those terms in section 160.103 of part
        160 of title 45 of the Code of Federal Regulations; and
            (3) the terms ``health care claims or equivalent encounter
        information transaction'', ``health care payment and remittance
        advice transaction'', ``coordination of benefits transaction'',
        ``health care claim status transaction'', ``enrollment and
        disenrollment in a health plan transaction'', ``eligibility for
        a health plan transaction'', ``health plan premium payments
        transaction'', and ``referral certification and authorization
        transaction'' have the meanings given those terms in sections
        162.1101, 162.1601, 162.1801, 162.1401, 162.1501, 162.1201,
        162.1701, and 162.1301 of part 162 of title 45 of the Code of
        Federal Regulations, respectively.

Summary: Provides a one year extension for providers, State health programs, health plans, and others to implement the administrative simplification standards for electronic transactions and code sets required by the Health Insurance Portability and Accountability Act (HIPAA). Differentiates these electronic transaction and code set requirements from the medical privacy regulations under HIPAA which remain unaffected.

A bill to provide a 1-year extension of the date for compliance by certain covered entities with the administrative simplification standards for electronic transactions and code sets issued in accordance with the Health Insurance Portability and Accountability Act of 1996.