SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deadly Driver Reduction Act''.

SEC. 2. NATIONAL MINIMUM SENTENCES FOR INDIVIDUALS CONVICTED OF
              OPERATING MOTOR VEHICLES WHILE UNDER THE INFLUENCE OF
              ALCOHOL.

    (a) In General.--Section 164 of title 23, United States Code, is
amended to read as follows:
``Sec. 164. National minimum sentences for individuals convicted of
              operating motor vehicles while under the influence of
              alcohol
    ``(a) Definitions.--In this section:
            ``(1) Blood alcohol concentration.--The term `blood alcohol
        concentration' means grams of alcohol per 100 milliliters of
        blood or grams of alcohol per 210 liters of breath.
            ``(2) Driving under the influence.--The term `driving under
        the influence' means operating a motor vehicle while having a
        blood alcohol concentration above the limit established by the
        State in which the motor vehicle is operated.
            ``(3) Motor vehicle.--The term `motor vehicle' means a
        vehicle driven or drawn by mechanical power and manufactured
        primarily for use on public highways, but does not include a
        vehicle operated solely on a rail line or a commercial vehicle.
            ``(4) Operate.--The term `operate', with respect to a motor
        vehicle, means to drive or be in actual physical control of the
        motor vehicle.
    ``(b) Withholding of Apportionments for Noncompliance.--
            ``(1) Fiscal year 2003.--The Secretary shall withhold 5
        percent of the amount required to be apportioned to any State
        under each of paragraphs (1), (3), and (4) of section 104(b) on
        October 1, 2002, if the State does not meet the requirements of
        paragraph (3) on that date.
            ``(2) Subsequent fiscal years.--The Secretary shall
        withhold 10 percent (including any amounts withheld under
        paragraph (1)) of the amount required to be apportioned to any
        State under each of paragraphs (1), (3), and (4) of section
        104(b) on October 1, 2003, and on October 1 of each fiscal year
        thereafter, if the State does not meet the requirements of
        paragraph (3) on that date.
            ``(3) Requirements.--
                    ``(A) In general.--A State meets the requirements
                of this paragraph if the State has enacted and is
                enforcing a law that provides for a minimum sentence
                consistent with the following and with subparagraph
                (B):
                            ``(i) Except as provided in clause (ii), in
                        the case of the first conviction of an
                        individual for driving under the influence, a
                        sentence requiring--
                                    ``(I) revocation of the
                                individual's driver's license for 6
                                months;
                                    ``(II) payment of a $500 fine by
                                the individual; and
                                    ``(III)(aa) an assessment of the
                                individual's degree of alcohol abuse;
                                and
                                    ``(bb) appropriate treatment.
                            ``(ii) In the case of the first conviction
                        of an individual for operating a motor vehicle
                        with a blood alcohol concentration of .16 or
                        greater, a sentence requiring--
                                    ``(I) revocation of the
                                individual's driver's license for 6
                                months, or for 2 years if, at the time
                                of arrest, the individual refused to
                                take a breath test to determine the
                                individual's blood alcohol
                                concentration;
                                    ``(II) imposition of a requirement
                                on the individual prohibiting the
                                individual from operating a motor
                                vehicle with a blood alcohol
                                concentration of .05 or greater for 5
                                years;
                                    ``(III) impoundment or
                                immobilization of the individual's
                                motor vehicle for 30 days;
                                    ``(IV) imposition of a requirement
                                on the individual requiring the
                                installation of an ignition interlock
                                system on the individual's motor
                                vehicle for 180 days;
                                    ``(V) payment of a $750 fine by the
                                individual;
                                    ``(VI) 10 days of imprisonment of,
                                or 60 days of community service by, the
                                individual; and
                                    ``(VII)(aa) an assessment of the
                                individual's degree of alcohol abuse;
                                and
                                    ``(bb) appropriate treatment.
                            ``(iii) Except as provided in clause (iv),
                        in the case of the second conviction of an
                        individual for driving under the influence, a
                        sentence requiring--
                                    ``(I) revocation of the
                                individual's driver's license for 1
                                year, or for 2 years if, at the time of
                                arrest, the individual refused to take
                                a breath test to determine the
                                individual's blood alcohol
                                concentration;
                                    ``(II) imposition of a requirement
                                on the individual prohibiting the
                                individual from operating a motor
                                vehicle with a blood alcohol
                                concentration of .05 or greater for 5
                                years;
                                    ``(III) impoundment or
                                immobilization of the individual's
                                motor vehicle for 60 days;
                                    ``(IV) imposition of a requirement
                                on the individual requiring the
                                installation of an ignition interlock
                                system on the individual's motor
                                vehicle for 1 year;
                                    ``(V) payment of a $1,000 fine by
                                the individual;
                                    ``(VI) 10 days of imprisonment of,
                                or 60 days of community service by, the
                                individual; and
                                    ``(VII)(aa) an assessment of the
                                individual's degree of alcohol abuse;
                                and
                                    ``(bb) appropriate treatment.
                            ``(iv) In the case of the third or
                        subsequent conviction of an individual for
                        driving under the influence, or in the case of
                        a second such conviction if the individual's
                        first such conviction was a conviction
                        described in clause (ii), a sentence requiring
                        permanent revocation of the individual's
                        driver's license.
                    ``(B) Revocations.--A revocation of a driver's
                license under subparagraph (A) shall not be subject to
                any exception or condition, including an exception or
                condition to avoid hardship to any individual.
    ``(c) Period of Availability; Effect of Compliance and
Noncompliance.--
            ``(1) Period of availability of withheld funds.--
                    ``(A) Funds withheld on or before september 30,
                2004.--Any funds withheld under subsection (b) from
                apportionment to any State on or before September 30,
                2004, shall remain available until the end of the third
                fiscal year following the fiscal year for which the
                funds are authorized to be appropriated.
                    ``(B) Funds withheld after september 30, 2004.--No
                funds withheld under this section from apportionment to
                any State after September 30, 2004, shall be available
                for apportionment to the State.
            ``(2) Apportionment of withheld funds after compliance.--
        If, before the last day of the period for which funds withheld
        under subsection (b) from apportionment are to remain available
        for apportionment to a State under paragraph (1)(A), the State
        meets the requirements of subsection (b)(3), the Secretary
        shall, on the first day on which the State meets the
        requirements, apportion to the State the funds withheld under
        subsection (b) that remain available for apportionment to the
        State.
            ``(3) Period of availability of subsequently apportioned
        funds.--
                    ``(A) In general.--Any funds apportioned under
                paragraph (2) shall remain available for expenditure
                until the end of the third fiscal year following the
                fiscal year in which the funds are so apportioned.
                    ``(B) Treatment of certain funds.--Any funds
                apportioned under paragraph (2) that are not obligated
                at the end of the period referred to in subparagraph
                (A) shall lapse.
            ``(4) Effect of noncompliance.--If, at the end of the
        period for which funds withheld under subsection (b) from
        apportionment are available for apportionment to a State under
        paragraph (1)(A), the State does not meet the requirements of
        subsection (b)(3), the funds shall lapse.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter
1 of title 23, United States Code, is amended by striking the item
relating to section 164 and inserting the following:

``164. National minimum sentences for individuals convicted of
                            operating motor vehicles while under the
                            influence of alcohol.''.

Summary: Deadly Driver Reduction Act - Amends Federal transportation law to require the Secretary of Transportation to withhold five percent of the funds authorized for Federal aid highway programs for FY 2003, and ten percent of such amounts for subsequent fiscal years, from any State that has not enacted and is not enforcing a law that provides the following minimum sentences: (1) for a first conviction of operating a motor vehicle while under the influence of alcohol, revocation of the driver's license for six months, imposition of a $500 fine, and an assessment of the individual's degree of alcohol abuse and appropriate treatment. (2) for a first conviction of operating a motor vehicle with a blood alcohol concentration of .16 or greater, revocation of the individual's license for six months, or two years if the individual refused to take a breath test to determine the individual's blood alcohol concentration, imposition of a requirement prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for five years, impoundment or immobilization of the individual's motor vehicle for 30 days, requiring the installation of an ignition interlock system on the individual's motor vehicle for 180 days, imposition of a $750 fine, ten days' imprisonment or 60 days' community service, and assessment of the individual's degree of alcohol abuse and appropriate treatment. (3) for a third conviction for operating a motor vehicle while under the influence of alcohol, revocation of license for one year, or two years if the individual refused to take a breath test, imposition of a requirement prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for five years, impoundment or immobilization of the individual's motor vehicle for 60 days, requiring the installation of an ignition interlock system on the individual's motor vehicle for one year, imposition of a $1,000 fine, ten days' imprisonment or 60 days' community service, and assessment of the individual's degree of alcohol abuse and appropriate treatment. And (4) for a third or subsequent conviction for operating a motor vehicle while under the influence of alcohol or for a second such conviction if the individual's first conviction was for operating a motor vehicle with a blood alcohol concentration of .16 or greater, permanent revocation of the individual's license . Allows funds withheld from a State during FY 2003 to be available for up to three fiscal years after such date , but allows no grace period with respect to funds withheld during the subsequent fiscal years.

Deadly Driver Reduction Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Educational Flexibility Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) historically, Federal education programs have addressed
        the Nation's most pressing educational problems by providing
        categorical assistance with detailed requirements relating to
        the use of funds;
            (2) while the approach described in paragraph (1) has
        proven generally successful, some program requirements may
        inadvertently impede educational achievement;
            (3) the Nation's schools are being asked to deal
        effectively with increasingly diverse educational needs that
        current program structures may not be flexible enough to
        address; and
            (4) in an era when educational change and reform must
        prevail, it is more important than ever to provide programs
        that--
                    (A) result in improved educational outcomes for all
                students;
                    (B) promote the coordination of education and
                related services that benefit children and their
                families;
                    (C) respond flexibly to the needs of a diverse
                student population;
                    (D) stop the proliferation of unnecessary Federal,
                State, and local regulation; and
                    (E) place less emphasis on measuring resources and
                reviewing procedures and more emphasis on achieving
                program results.
    (b) Purpose.--It is the purpose of this Act to establish a national
program which--
            (1) promotes educational reform that leads to improved
        educational outcomes for participants in affected programs;
            (2) holds accountable the schools and other recipients of
        Federal funds for achieving specific educational goals in
        exchange for increased flexibility in the use of their
        resources; and
            (3) enables school and program administrators, teachers,
        parents, local educational agencies, and community groups to
        work together to develop effective education programs that meet
        the needs of all participants, particularly those who are
        disadvantaged.

SEC. 3. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED
              SERVICES.

    Subpart 1 of part C of the General Education Provisions Act (20
U.S.C. 1221 et seq.) is amended by adding after section 421A the
following new section:

``SEC. 421B. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED
              SERVICES.

    ``(a) Program Authorized.--
            ``(1) In general.--(A) The Secretary, in accordance with
        this section, shall assist elementary and secondary schools and
        other service providers to improve the achievement of all
        students and other participants, but particularly disadvantaged
        individuals, by authorizing waivers for States to enable such
        States to conduct projects to improve the performance of
        schools and programs by increasing their flexibility in the use
        of their resources while holding them accountable for achieving
        educational gains.
            ``(B)(i) In support of these projects, the Secretary is
        authorized to waive any statutory or regulatory requirement
        (except as provided in subsection (e)) applicable to a program
        described in clause (ii) that the Secretary determines may
        impede the ability of a school or other service provider to
        meet the special needs of such students and other individuals
        in the most effective manner possible. The head of any other
        Federal agency is similarly authorized to waive such
        requirements (except as provided in subsection (e)) applicable
        to an elementary, secondary, or youth vocational training
        program described in clause (ii) and administered by such
        agency if the head of such agency and the Secretary agree that
        such a waiver would promote the purpose of this section.
            ``(ii) The Secretary shall only waive a statutory or
        regulatory requirement applicable to a program under--
                    ``(I) chapter 1 of title I of the Elementary and
                Secondary Education Act of 1965;
                    ``(II) chapter 2 of title I of the Elementary and
                Secondary Education Act of 1965;
                    ``(III) the Dwight D. Eisenhower Mathematics and
                Science Education Act;
                    ``(IV) the Follow Through Act;
                    ``(V) subtitle B of title VII of the Stewart B.
                McKinney Homeless Assistance Act;
                    ``(VI) the Carl D. Perkins Vocational and Applied
                Technology Education Act, except part H of title III
                and funds allocated by States under section 232 of such
                Act;
                    ``(VII) the Jacob K. Javits Gifted and Talented
                Students Education Act of 1988;
                    ``(VIII) the Drug-Free Schools and Communities Act
                of 1986; and
                    ``(IX) the Alcohol and Drug Abuse Education Act.
            ``(2) Project duration.--Projects assisted under this
        section, and any waivers associated with such projects, shall
        last not longer than 3 years, except that the Secretary may
        extend a project and any associated waivers for an additional 2
        years if the Secretary determines that the project is making
        substantial progress in meeting its goals.
            ``(3) Termination.--The Secretary shall terminate a project
        and its associated waivers if the Secretary, at any time,
        determines it is not making acceptable progress toward meeting
        its goals. The head of any other Federal agency who has granted
        waivers under this section shall determine whether to extend or
        terminate those waivers, but the Secretary shall have exclusive
        authority to extend or terminate the project.
    ``(b) Eligibility.--
            ``(1) In general.--(A) The Secretary shall only assist a
        project under this section in a State which has demonstrated to
        the satisfaction of the Secretary that the State has
        implemented a comprehensive regulatory reform plan at least 2
        years prior to the date on which the State transmits approved
        applications pursuant to subsection (c)(2).
            ``(B) For the purposes of this section, the term
        `comprehensive regulatory reform plan' means a plan developed
        by a State that offers local educational agencies within such
        State waivers of certain State statutory and regulatory
        requirements while holding such local educational agencies
        accountable for improved performance of students affected by
        such waivers.
            ``(2) Grade and program requirement.--To the extent
        possible, each grade and academic program in a participating
        school shall participate in a project assisted under this
        section.
    ``(c) Applications.--
            ``(1) Local.--A local educational agency desiring to
        participate in a project assisted under this section shall
        submit an application to the State educational agency for
        approval.
            ``(2) Approval and transmission to secretary.--The State
        educational agency shall transmit approved applications
        described in paragraph (1) to the Secretary.
            ``(3) Contents.--Each application transmitted pursuant to
        paragraph (2) shall include a plan which meets the purposes of
        the Educational Flexibility Act and--
                    ``(A) describes the purposes and overall expected
                outcomes of the project;
                    ``(B) indicates the Federal programs and
                requirements of such programs which will be waived and
                how such waivers will improve or maintain educational
                achievement among all students affected by such
                programs and requirements;
                    ``(C) indicates which State and local requirements
                will be waived;
                    ``(D) describes specific, measurable, educational
                goals for each school or other site in the project and
                for each school year of the project, including--
                            ``(i) goals for improving the achievement
                        of all participants, including disadvantaged
                        individuals, with respect to achievement in
                        basic and advanced skills;
                            ``(ii) goals that reflect the broad
                        purposes of each program for which a waiver is
                        sought; and
                            ``(iii) an explanation of how the applicant
                        will measure progress in meeting the goals set
                        for each school or site in the project and for
                        disadvantaged individuals participating in the
                        project; and
                    ``(E) identifies the elementary or secondary
                schools to be included in the project and describes the
                student population at each such school, including--
                            ``(i) current data regarding the
                        achievement of disadvantaged students as well
                        as other students; and
                            ``(ii) the number of students who--
                                    ``(I) are of limited-English
                                proficiency, as defined in section
                                7003(a)(1) of the Bilingual Education
                                Act;
                                    ``(II) are children with
                                disabilities, as such term is defined
                                in section 602(a)(1) of the Individuals
                                with Disabilities Education Act;
                                    ``(III) are currently or formerly
                                migratory;
                                    ``(IV) are educationally deprived,
                                as determined by eligibility for
                                assistance under chapter 1 of title I
                                of the Elementary and Secondary
                                Education Act of 1965; and
                                    ``(V) are eligible for a free or
                                reduced price school lunch.
    ``(d) Approval of Projects.--
            ``(1) In general.--The Secretary shall approve an
        application from a State that the Secretary determines shows
        substantial promise of achieving the purposes of the
        Educational Flexibility Act after considering--
                    ``(A) the comprehensiveness of the project,
                including the types of students, schools, programs, and
                activities to be included;
                    ``(B) the extent to which the provisions for which
                waivers are sought impede educational improvement;
                    ``(C) the State and local requirements that will be
                waived for the project;
                    ``(D) the significance and feasibility of the
                proposed project's goals for each participating school
                or site; and
                    ``(E) the quality of the plan for ensuring
                accountability for the proposed plan's activities and
                goals.
            ``(2) Consultation.--The Secretary shall consult with the
        heads of other appropriate Federal agencies, if any, in
        determining whether to approve a project. Each such agency head
        shall notify the Secretary of any waivers granted by such
        agency head as part of such project.
            ``(3) Distribution of projects.--The Secretary shall ensure
        that, to the extent feasible, projects assisted under this
        section are geographically distributed, and equitably
        distributed among urban, suburban, and rural areas, as well as
        large and small schools.
    ``(e) Allocation of Federal Funds; Restriction on Waivers.--
            ``(1) Allocation of federal funds.--Federal funds under any
        program that are used to support a project under this section
        shall be allocated to local educational agencies and other
        recipients within the local educational agency in accordance
        with the statutory and regulatory requirements that govern the
        operation of that program, except that, for the purpose of such
        a project, the Secretary (or the head of any other Federal
        agency) may extend the duration of, and provide continuation
        funding to, a project chosen on a competitive basis that a
        participating agency is conducting.
            ``(2) Restriction on waivers.--Neither the Secretary nor
        the head of any other Federal agency shall waive under this
        section any statutory or regulatory requirement in awarding a
        grant after the date of enactment of the Educational
        Flexibility Act to a service provider within the local
        educational agency or other applicant participating in a
        project under this section.
            ``(3) Special rule.--Neither the Secretary nor, where
        applicable, the head of any other Federal agency shall waive
        under this section any statutory or regulatory requirement--
                    ``(A) under section 438 and 439 of the General
                Education Provisions Act;
                    ``(B) under title VI of the Civil Rights Act of
                1964, section 504 of the Rehabilitation Act of 1973,
                title IX of the Education Amendments of 1972, or title
                II of the Americans with Disabilities Act;
                    ``(C) under the Individuals with Disabilities
                Education Act; or
                    ``(D) relating to--
                            ``(i) maintenance of effort;
                            ``(ii) comparability; or
                            ``(iii) the equitable participation of
                        students attending private schools.
    ``(f) Reports and Evaluations.--
            ``(1) Project reports.--Each project assisted under this
        section shall submit, not later than 90 days after the end of
        each fiscal year of the project, an annual report to the
        Secretary that--
                    ``(A) summarizes the principal activities of the
                project;
                    ``(B) contains school-by-school and other data, as
                described in the project plan, that show the extent to
                which the project is meeting its overall goals,
                including its goals for improving the achievement of
                all participants, particularly disadvantaged
                individuals, with respect to achievement in basic and
                advanced skills, and is meeting the goals for each
                school or other site;
                    ``(C) describes the impact of the project on
                disadvantaged children in schools, if any, that are not
                participating in the project;
                    ``(D) describes the effectiveness of efforts to
                coordinate programs and services for children and their
                families as appropriate; and
                    ``(E) provides information or comparable data
                regarding the achievement levels demonstrated by
                children or students served pursuant to programs
                described in clause (ii) of subsection (a)(1)(B) during
                the preceding 3 fiscal years compared with the
                achievement levels demonstrated by children or students
                served under this section.
            ``(2) Secretary's report.--Beginning in fiscal year 1995
        and every 2 years thereafter, the Secretary shall submit a
        report to the Congress that summarizes and analyzes the project
        reports required by paragraph (1).
            ``(3) Evaluation reports.--Within 7 years of the date of
        enactment of the Educational Flexibility Act, and at such
        interim points as the Secretary deems appropriate, the
        Secretary shall provide to the Congress an independent
        evaluation of the projects assisted under this section, as well
        as an evaluation of the program assisted under this section by
        the Department of Education and other affected Federal
        agencies. Such reports may include recommendations for
        amendments to program statutes that are based on the experience
        of projects that successfully raise educational achievement by
        eliminating or modifying statutory or regulatory provisions
        that impede educational improvement.
    ``(g) Definition.--For the purpose of this section, the term
`disadvantaged students' includes students of limited English
proficiency, children with disabilities, students who are currently or
formerly migratory, and students who are educationally deprived.
    ``(h) Budget Neutrality.--The authority provided by this section
shall not be exercised in a manner that, for any fiscal year, increases
total obligations or outlays of discretionary appropriations for
programs subject to such authority, or that increases total obligations
or outlays of funding for all direct-spending programs subject to such
authority over those that would have occurred absent such authority.''.

S 525 IS----2

Summary: Educational Flexibility Act - Amends the General Education Provisions Act to establish a program for flexibility and accountability in education and related services. Directs the Secretary of Education to assist projects for elementary and secondary schools and other service provides to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers for States by which the performance of schools and programs can be improved by increasing their flexibility in use of resources while holding them accountable for achieving educational gains. Authorizes the Secretary to waive a statutory or regulatory requirement only with respect to programs under specified Federal laws relating to elementary, secondary, and vocational education and disadvantaged or homeless students. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers of such requirements applicable to an elementary, secondary, or youth vocational training program they administer. Limits duration of projects and associated waivers. Requires, to the extent possible, project participation by each grade and academic program in a participating school. Prohibits waiver of requirements: (1) in awarding new competitive grants to a service provider within the LEA or other applicant participating in such a project. (2) relating to maintenance of effort, comparability, or equitable participation of private school students. And (3) under specified provisions of certain Federal laws relating to individuals with disabilities.

Educational Flexibility Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Waste, Fraud, and Abuse
Act of 2010''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) To protect the taxpayer and the Treasury, it is the
        responsibility of the Congress to provide Federal agencies with
        the financial resources necessary to enforce the laws of the
        United States and to prevent waste, fraud, and abuse of
        taxpayer's dollars.
            (2) For every $1 invested in the Department of Health and
        Human Services and the Department of Justice for program
        integrity efforts to prevent waste, fraud, and abuse of
        Medicare, Medicaid, and the Children's Health Insurance
        Program, approximately $1.55 will be saved, according to a
        report issued by the Office of Management and Budget.
            (3) Increased program integrity efforts by the Department
        of Health and Human Services and the Department of Justice can
        provide an estimated savings of $4,470,000,000 on an investment
        of $3,100,000,000 in Medicare, Medicaid, and the Children's
        Health Insurance Program over the next 5 fiscal years and an
        estimated savings of $9,870,000,000 on an investment of
        $6,753,000,000 over the next 10 fiscal years, according to a
        report issued by the Office of Management and Budget.
            (4) For every $1 invested in the Social Security
        Administration for program integrity efforts to increase the
        volume of continuing disability reviews conducted pursuant to
        section 221(i) of the Social Security Act (42 U.S.C. 421(i)) to
        determine whether a recipient of disability insurance benefits
        under section 223(a) of such Act (42 U.S.C. 423(a)) will
        continue to be eligible for such benefits, approximately $10
        will be saved, according to a report issued by the Office of
        Management and Budget.
            (5) For every $1 invested in the Social Security
        Administration for program integrity efforts to increase the
        volume of continuing disability reviews conducted pursuant to
        section 1631(j) of Social Security Act (42 U.S.C. 1383(j)) to
        determine whether a recipient of supplemental security income
        benefits under section 1611 of such Act (42 U.S.C. 1382) will
        continue to be eligible for such benefits, approximately $8
        will be saved, according to a report issued by the Office of
        Management and Budget.
            (6) Providing additional funding to the Social Security
        Administration to increase the volume of continuing disability
        reviews conducted pursuant to sections 221(i) and 1631(j) of
        Social Security Act (42 U.S.C. 421(i), 1383(j), respectively)
        can provide an estimated savings of $16,102,000,000 on an
        investment of $3,953,000,000 over the next 5 fiscal years and
        an estimated savings of $57,838,000,000 on an investment of
        $10,252,000,000 over the next 10 fiscal years, according to a
        report issued by the Office of Management and Budget.
            (7) The tax gap, the difference between the annual amount
        of Federal income taxes owed and the amount voluntarily paid on
        time, places an undue burden upon the overwhelming majority of
        taxpayers who fully and voluntarily pay their taxes on time.
            (8) In a report released in 2009 by the Internal Revenue
        Service, it was estimated that in 2005 (the most recent
        estimate available) the gross tax gap was $345,000,000,000 and
        the net tax gap (after the collection of late and enforced
        payments) was $290,000,000,000.
            (9) In 2009, for every $1 that was invested for the
        purposes of enforcing the tax code, the Internal Revenue
        Service returned an average of $4 to the Treasury, with some
        enforcement activities returning as much as $11 for every $1
        invested, according to a report issued by the Office of
        Management and Budget.
            (10) By increasing overall tax enforcement efforts, the
        Internal Revenue Service can provide an estimated savings of
        $13,874,000,000 on an investment of $8,869,000,000 over the
        next 5 fiscal years and an estimated savings of $62,217,000,000
        on an investment of $23,275,000,000 over the next 10 fiscal
        years, according to a report issued by the Office of Management
        and Budget.
            (11) For each $1 invested to increase the volume of in-
        person reemployment and eligibility assessments conducted by
        States for the Department of Labor's unemployment insurance
        program, approximately $3.19 will be saved over the next 10
        years, according to a report issued by the Office of Management
        and Budget.
            (12) States will save the Department of Labor's
        unemployment insurance program an estimated $937,000,000 on an
        investment of $325,000,000 by increasing the volume of in-
        person reemployment and eligibility assessments over the next 5
        fiscal years and an estimated savings of $2,296,000,000 on an
        investment of $720,000,000 over the next 10 fiscal years,
        according to a report issued by the Office of Management and
        Budget.
            (13) The investments described in the preceding paragraphs,
        if carried out, will save the taxpayers nearly $2,000,000,000
        during fiscal year 2011, while laying the foundations for
        saving more than $35,000,000,000 over the next 5 fiscal years
        and more than $132,000,000,000 over the next 10 fiscal years.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency head.--The term ``agency head'' means--
                    (A) the Attorney General;
                    (B) the Commissioner of Social Security;
                    (C) the Secretary of Health and Human Services;
                    (D) the Secretary of Labor; and
                    (E) the Secretary of the Treasury.
            (2) Director.--The term ``Director'' means the Director of
        the Office of Management and Budget.

SEC. 4. INCREASING PROGRAM INTEGRITY EFFORTS.

    (a) Program Integrity Efforts.--
            (1) In general.--Each agency head, in consultation with the
        Director, shall--
                    (A) identify existing Federal laws and regulations
                that may impede the ability to decrease waste, fraud,
                and abuse of funds appropriated to the agency head's
                agency; and
                    (B) develop appropriate performance metrics to
                measure such agency's success in decreasing waste,
                fraud, and abuse.
            (2) Development of metrics.--In developing performance
        metrics referred to in paragraph (1)(B), each agency head
        shall--
                    (A) ensure that such metrics accurately demonstrate
                the effectiveness of the programs and activities
                referred to in subsection (d) in decreasing waste,
                fraud, and abuse;
                    (B) provide estimates for points of diminishing
                returns on the funds provided under this Act to
                increase program integrity efforts;
                    (C) identify optimal baselines for each of the
                metrics developed under this subsection and appropriate
                methods to measure variations from such baselines; and
                    (D) set performance targets for each of fiscal
                years 2012 through 2020.
    (b) Innovation and Development.--Each agency head shall make
appropriate accommodations for innovation and development to address
the program integrity efforts for programs and activities referred to
in subsection (d).
    (c) Reports.--
            (1) In general.--Each agency head shall submit to
        Congress--
                    (A) not later than 6 months after the date of
                enactment of this Act, an interim report that includes
                a description of--
                            (i) what the performance metrics developed
                        under subsection (a) will be measuring; and
                            (ii) how such metrics will measure and
                        provide an accurate analysis of the performance
                        of the applicable programs and activities
                        referred to in subsection (d); and
                    (B) not later than 1 year after the date of
                enactment of this Act, a final report that sets forth
                the performance metrics developed under subsection (a).
            (2) Federal register; web site.--Each agency head shall
        publish in the Federal Register and make available on the
        agency Web site the performance metrics set forth in its final
        report submitted under paragraph (1)(B) not later than 30 days
        after such report is submitted.
            (3) Modification of performance metrics.--Not later than 30
        days after the date on which any performance metrics developed
        under subsection (a) are modified by an agency head, such
        agency head shall submit to Congress a written notice
        describing such modifications.
            (4) OMB annual report.--Using the performance metrics
        developed under subsection (a), each year, beginning with the
        first fiscal year following the date on which the final reports
        are required to be submitted under paragraph (1)(B), on or
        after the first Monday in January but not later than the first
        Monday in February, the Director shall submit to Congress an
        annual report measuring the success of the agency head's agency
        in decreasing waste, fraud, and abuse of funds appropriated to
        such agency. Each annual report shall include a summary of and
        justifications for any modified performance metrics submitted
        to Congress pursuant to paragraph (3).
            (5) Referral of reports.--Each report submitted pursuant to
        this subsection shall be referred to the Committee on
        Appropriations and the Committee on the Budget of the House of
        Representatives and the Committee on Appropriations and the
        Committee on the Budget of the Senate, and any other
        appropriate committee of jurisdiction.
    (d) Authorization of Appropriations.--
            (1) Department of health and human services; department of
        justice.--For the purposes of continuing and increasing program
        integrity efforts of the Department of Health and Human
        Services and the Department of Justice to prevent waste, fraud,
        and abuse of Medicare, Medicaid, and the Children's Health
        Insurance Program, there are authorized to be appropriated the
        following sums:
                    (A) $561,000,000 for fiscal year 2011, to remain
                available through September 30, 2012.
                    (B) $589,000,000 for fiscal year 2012, to remain
                available through September 30, 2013.
                    (C) $619,000,000 for fiscal year 2013, to remain
                available through September 30, 2014.
                    (D) $649,000,000 for fiscal year 2014, to remain
                available through September 30, 2015.
                    (E) $682,000,000 for fiscal year 2015, to remain
                available through September 30, 2016.
                    (F) $3,653,000,000 for the period encompassing
                fiscal years 2016 through 2020.
            (2) Social security administration.--For the purposes of
        continuing and increasing program integrity efforts of the
        Social Security Administration by increasing the volume of
        continuing disability reviews conducted pursuant to sections
        221(i) and 1631(j) of the Social Security Act (42 U.S.C.
        421(i), 1383(j), respectively), there are authorized to be
        appropriated to the Commissioner of Social Security the
        following sums:
                    (A) $513,000,000 for fiscal year 2011, to remain
                available through September 30, 2012.
                    (B) $642,000,000 for fiscal year 2012, to remain
                available through September 30, 2013.
                    (C) $751,000,000 for fiscal year 2013, to remain
                available through September 30, 2014.
                    (D) $924,000,000 for fiscal year 2014, to remain
                available through September 30, 2015.
                    (E) $1,123,000,000 for fiscal year 2015, to remain
                available through September 30, 2016.
                    (F) $6,299,000,000 for the period encompassing
                fiscal years 2016 through 2020.
            (3) Department of the treasury.--For purposes of continuing
        and increasing program integrity efforts of the Department of
        the Treasury by expanding tax enforcement activities, there are
        authorized to be appropriated to the Secretary of the Treasury
        the following sums:
                    (A) $1,115,000,000 for fiscal year 2011, to remain
                available through September 30, 2012.
                    (B) $1,357,000,000 for fiscal year 2012, to remain
                available through September 30, 2013.
                    (C) $1,724,000,000 for fiscal year 2013, to remain
                available through September 30, 2014.
                    (D) $2,105,000,000 for fiscal year 2014, to remain
                available through September 30, 2015.
                    (E) $2,568,000,000 for fiscal year 2015, to remain
                available through September 30, 2016.
                    (F) $14,406,000,000 for the period encompassing
                fiscal years 2016 through 2020.
            (4) Department of labor.--For purposes of continuing and
        increasing program integrity efforts of the Department of Labor
        by increasing the volume of in-person reemployment and
        eligibility assessments of unemployment insurance beneficiaries
        conducted by States, there are authorized to be appropriated to
        the Secretary of Labor the following sums:
                    (A) $55,000,000 for fiscal year 2011, to remain
                available through September 30, 2012.
                    (B) $60,000,000 for fiscal year 2012, to remain
                available through September 30, 2013.
                    (C) $65,000,000 for fiscal year 2013, to remain
                available through September 30, 2014.
                    (D) $70,000,000 for fiscal year 2014, to remain
                available through September 30, 2015.
                    (E) $75,000,000 for fiscal year 2015, to remain
                available through September 30, 2016.
                    (F) $395,000,000 for the period encompassing fiscal
                years 2016 through 2020.

Summary: Preventing Waste, Fraud, and Abuse Act of 2010 - Requires the Attorney General, the Commissioner of Social Security, and the Secretaries of Health and Human Services (HHS), Labor, and the Treasury , in consultation with the Director of the Office of Management and Budget (OMB), to: (1) identify existing federal laws and regulations that may impede the ability to decrease waste, fraud, and abuse of funds appropriated to their agencies. And (2) develop appropriate performance metrics to measure success in decreasing waste, fraud, and abuse. Directs each agency head, in developing performance metrics, to: (1) ensure that such metrics accurately demonstrate the effectiveness of specified programs and activities in decreasing waste, fraud, and abuse. (2) provide estimates for points of diminishing returns on the funds provided under this Act to increase program integrity efforts. (3) identify optimal baselines for each of the metrics developed and appropriate methods to measure variations from such baselines. And (4) set performance targets for each of FY2012-FY2020. Requires each agency head to make appropriate accommodations for innovation and development to address the program integrity efforts for programs and activities identified by this Act. Requires: (1) each agency head to submit an interim and final report to Congress at specified intervals and to publish in the Federal Register and make available on the agency website the performance metrics set forth in the final report. And (2) the Director of OMB to report annually measuring success in decreasing waste, fraud, and abuse of funds appropriated to an agency.

To make funds available to increase program integrity efforts and reduce wasteful government spending of taxpayer's dollars.


SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Shirley A.
Chisholm United States-Caribbean Educational Exchange Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Statement of purpose.
Sec. 4. Shirley A. Chisholm United States-Caribbean Educational
                            Exchange Program.
Sec. 5. Program to provide educational development assistance for
                            CARICOM countries.
Sec. 6. Administrative provisions.
Sec. 7. Reporting requirements.
Sec. 8. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--Except as otherwise provided, the term
        ``Administrator'' means the Administrator of the United States
        Agency for International Development.
            (2) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the
                Committee on Appropriations of the House of
                Representatives; and
                    (B) the Committee on Foreign Relations and the
                Committee on Appropriations of the Senate.
            (3) CARICOM country.--The term ``CARICOM country''--
                    (A) means a member country of the Caribbean
                Community (CARICOM); but
                    (B) does not include--
                            (i) a country having observer status in
                        CARICOM; or
                            (ii) a country the government of which the
                        Secretary of State has determined, for purposes
                        of section 6(j) of the Export Administration
                        Act of 1979 (as continued in effect pursuant to
                        the International Emergency Economic Powers
                        Act), section 40 of the Arms Export Control
                        Act, section 620A of the Foreign Assistance Act
                        of 1961, or any other provision of law, is a
                        government that has repeatedly provided support
                        for acts of international terrorism.
            (4) Secretary.--Except as otherwise provided, the term
        ``Secretary'' means the Secretary of State.
            (5) United states cooperating agency.--The term ``United
        States cooperating agency'' means--
                    (A) an institution of higher education (as such
                term is defined in section 101(a) of the Higher
                Education Act of 1965 (20 U.S.C. 1001(a))), including,
                to the maximum extent practicable, an historically
                Black college or university that is a part B
                institution (as such term is defined in section 322(2)
                of such Act (20 U.S.C. 1061(2))) or an Hispanic-serving
                institution (as such term is defined in section 502(5)
                of such Act (20 U.S.C. 1101a(5)));
                    (B) a higher education association;
                    (C) a nongovernmental organization incorporated in
                the United States; or
                    (D) a consortium consisting of two or more such
                institutions, associations, or nongovernmental
                organizations.

SEC. 3. STATEMENT OF PURPOSE.

    The purpose of this Act is to establish--
            (1) an educational exchange program between the United
        States and CARICOM countries, to be known as the ``Shirley A.
        Chisholm United States-Caribbean Educational Exchange
        Program'', pursuant to section 4 to assist in educating
        promising students and scholars from communities demonstrating
        the greatest need within CARICOM countries who will invest the
        knowledge and experiences they gain in the United States back
        into the community of CARICOM countries; and
            (2) a program to provide educational development assistance
        for communities demonstrating the greatest need within CARICOM
        countries pursuant to section 5.

SEC. 4. SHIRLEY A. CHISHOLM UNITED STATES-CARIBBEAN EDUCATIONAL
              EXCHANGE PROGRAM.

    (a) Program Authorized.--The Secretary of State is authorized to
establish an educational exchange program between the United States and
CARICOM countries, to be known as the ``Shirley A. Chisholm United
States-Caribbean Educational Exchange Program,'' under which--
            (1) secondary school students from CARICOM countries will--
                    (A) attend a public or private secondary school in
                the United States; and
                    (B) participate in activities designed to promote a
                greater understanding of the values and culture of the
                United States; and
            (2) undergraduate students, graduate students, post-
        graduate students, and scholars from CARICOM countries will--
                    (A) attend a public or private college or
                university, including a community college, in the
                United States; and
                    (B) participate in activities designed to promote a
                greater understanding of the values and culture of the
                United States.
    (b) Elements of Program.--The program authorized under subsection
(a) shall meet the following requirements:
            (1) The program will offer scholarships to students and
        scholars based on merit and need. It is the sense of Congress
        that scholarships should be offered to students and scholars
        who evidence merit, achievement, and strong potential for the
        studies such students and scholars wish to undertake under the
        program and 60 percent of scholarships offered under the
        program should be based on financial need.
            (2) The program will seek to achieve gender equality in
        granting scholarships under the program.
            (3) Fields of study under the program will support the
        labor market and development needs of CARICOM countries,
        assuring a pool of technical experts to address such needs.
            (4) The program will limit participation to--
                    (A) one year of study for secondary school
                students;
                    (B) two years of study for undergraduate students;
                and
                    (C) 12 months of study for graduate students, post-
                graduate students, and scholars.
            (5) For a period of time equal to the period of time of
        participation in the program, but not to exceed 2 years, the
        program will require participants who are students and scholars
        described in subsection (a)(2) to--
                    (A) agree to return to live in a CARICOM country
                and maintain residence in such country, within 6 months
                of completion of academic studies; or
                    (B) agree to obtain employment that directly
                benefits the growth, progress, and development of one
                or more CARICOM countries and the people of such
                countries.
            (6) The Secretary may waive, shorten the duration, or
        otherwise alter the requirements of paragraph (4) in limited
        circumstances of hardship, humanitarian needs, for specific
        educational purposes, or in furtherance of the national
        interests of the United States.
    (c) Role of United States Cooperating Agencies.--The Secretary
shall consult with United States cooperating agencies in developing the
program authorized under subsection (a). The Secretary is authorized to
provide grants to United States cooperating agencies in carrying out
the program authorized under subsection (a).
    (d) Monitoring and Evaluation of Program.--
            (1) In general.--The Secretary shall monitor and evaluate
        the effectiveness and efficiency of the program authorized
        under subsection (a). In so doing, the Secretary shall, among
        other things, evaluate the program's positive or negative
        effects on brain drain from the participating CARICOM countries
        and suggest ways in which the program may be improved to
        promote the basic goal of alleviating brain drain from the
        participating CARICOM countries.
            (2) Requirements.--In carrying out paragraph (1), the
        Secretary shall review on a regular basis--
                    (A) financial information relating to the program;
                    (B) budget plans for the program;
                    (C) adjustments to plans established for the
                program;
                    (D) graduation rates of participants in the
                program;
                    (E) the percentage of participants who are students
                described in subsection (a)(1) who pursue higher
                education;
                    (F) the percentage of participants who return to
                their home country or another CARICOM country;
                    (G) the types of careers pursued by participants in
                the program and the extent to which such careers are
                linked to the political, economic, and social
                development needs of CARICOM countries; and
                    (H) the impact of gender, country of origin,
                financial need of students, and other relevant factors
                on the data collected under subparagraphs (D) through
                (G).

SEC. 5. PROGRAM TO PROVIDE EDUCATIONAL DEVELOPMENT ASSISTANCE FOR
              CARICOM COUNTRIES.

    (a) Program Authorized.--The Secretary of State, acting through the
Administrator of the United States Agency for International
Development, is authorized to establish a program to provide
educational development assistance for CARICOM countries.
    (b) Purpose of Program.--The purpose of the program authorized
under subsection (a) is to improve primary and secondary education in
CARICOM countries by enhancing teacher training, strengthening
curriculum and instructional materials, and assisting improvements in
school management and public administration of education.
    (c) Elements of Program.--The program authorized under subsection
(a) shall extend and expand upon existing primary and secondary school
programs in CARICOM countries to provide--
            (1) teacher-training methods and training in subject area
        studies;
            (2) classroom and school management;
            (3) development and modernization of curriculum and
        instructional materials;
            (4) increased community involvement in school activities;
        and
            (5) local, regional, and national government policy
        planning on the elements described in paragraphs (1) through
        (4).
    (d) Role of United States Cooperating Agencies.--The Secretary
shall consult with the Secretary of Education, officials of United
States cooperating agencies, and officials of CARICOM countries in
developing the program authorized under subsection (a). The Secretary
is authorized to make grants to United States cooperating agencies in
carrying out the program authorized under subsection (a).
    (e) Monitoring and Evaluation of Program.--The Secretary shall
monitor and evaluate the effectiveness and efficiency of the program
authorized under subsection (a).

SEC. 6. ADMINISTRATIVE PROVISIONS.

    (a) Funding From Private Sources and Partnerships With Other
Appropriate Entities.--To the maximum extent practicable, the Secretary
of State and the Administrator of the United States Agency for
International Development should implement the programs authorized
under sections 4 and 5 through utilization of funding from private
sources to maximize the impact of United States funds under this Act,
and through partnerships with appropriate United States organizations,
institutions, and corporations.
    (b) Avoidance of Duplication.--The Secretary and the Administrator
shall consult with the Secretary of Education to ensure that--
            (1) activities under the programs authorized under sections
        4 and 5 are not duplicative of other United States educational
        programs for CARICOM countries; and
            (2) United States cooperating agencies and partner
        institutions in CARICOM countries are accredited by national or
        regional accrediting bodies.
    (c) Reporting Under SEVIS.--To the extent necessary, the Secretary
shall provide support to United States cooperating agencies that are
participating in the program authorized under section 4 in order to
fulfill the requirements for student data reporting under the Student
and Exchange Visitor Information System (SEVIS).

SEC. 7. REPORTING REQUIREMENTS.

    (a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report on plans to implement the
programs authorized under sections 4 and 5.
    (b) Matters To Be Included.--The report required by subsection (a)
shall include--
            (1) with respect to implementation of the program
        authorized under section 4--
                    (A) a plan for selecting participants in the
                program, including an estimate of the number of
                secondary school students, undergraduate students,
                graduate students, post-graduate students, and scholars
                from each country, by educational level, who will be
                selected as participants in the program for each fiscal
                year;
                    (B) a timeline for selecting United States
                cooperating agencies that will assist in implementing
                the program;
                    (C) a financial plan that--
                            (i) identifies budget plans for each
                        educational level under the program; and
                            (ii) identifies plans or systems to ensure
                        that the costs to public school, college, and
                        university education under the program and the
                        costs to private school, college, and
                        university education under the program are
                        reasonably allocated; and
                    (D) a plan to provide outreach to and linkages with
                schools, colleges and universities, and nongovernmental
                organizations in both the United States and CARICOM
                countries for implementation of the program; and
            (2) a plan outlining implementation of the program
        authorized under section 5, identifying the initial countries
        in which the program will be implemented and a timeline for
        implementation.
    (c) Updates of Report.--
            (1) In general.--The Secretary shall submit to the
        appropriate congressional committees updates of the report
        required by subsection (a) for each fiscal year for which
        amounts are appropriated pursuant to the authorization of
        appropriations under section 8.
            (2) Matters to be included.--Such updates shall include the
        following:
                    (A) Information on United States cooperating
                agencies that are selected to assist in implementing
                the programs authorized under sections 4 and 5.
                    (B) An analysis of the positive and negative
                impacts the program authorized under section 4 will
                have or is having on brain drain from the participating
                CARICOM countries.
                    (C) A description of efforts made by the Secretary
                and the Administrator to implement the program
                authorized under section 5.
                    (D) A description of the programs established in
                each CARICOM country receiving assistance under the
                program authorized under section 5. Such description
                shall include a detailed explanation of the extent to
                which the program and the assistance provided are
                contributing to the purpose of the program described in
                section 5(b) in the CARICOM country.
                    (E) An evaluation of additional educational
                development goals in CARICOM countries, identifying
                those goals that could be maximized or achieved with
                United States assistance through the program authorized
                under section 5. In addition to standard or necessary
                areas of education review, the evaluation should give
                attention to factors affecting academic achievement,
                attrition, and graduation rates in CARICOM countries.
                The evaluation should suggest ways in which United
                States assistance can maximize success factors and
                address factors contributing to poor achievement.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    To carry out this Act, there are authorized to be appropriated such
sums as may be necessary for each of the fiscal years 2009 through
2012. Amounts appropriated pursuant to the authorization of
appropriations under this section are in addition to amounts otherwise
available for such purposes.

Summary: Shirley A. Chisholm United States-Caribbean Educational Exchange Act of 2009 - Authorizes the Secretary of State to establish the Shirley Chisholm United States-Caribbean Educational Exchange Program under which scholars and secondary, undergraduate, graduate, and post-graduate students from certain Caribbean countries would attend US schools and participate in activities designed to promote a greater understanding of US values and culture. Authorizes the Secretary, through the United States Agency for International Development (USAID), to establish a program to improve primary and secondary education in such countries by enhancing teacher training, strengthening curriculum and instructional materials, and assisting improvements in school management and public administration of education.

To authorize the establishment of educational exchange and development programs for member countries of the Caribbean Community (CARICOM).


SECTION 1. DEFINITION OF INDIAN STUDENT COUNT.

    Section 117(h) of the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2327(h)) is amended by striking
paragraph (2) and inserting the following:
            ``(2) Indian student count.--
                    ``(A) In general.--The term `Indian student count'
                means a number equal to the total number of Indian
                students enrolled in each tribally-controlled
                postsecondary vocational and technical institution, as
                determined in accordance with subparagraph (B).
                    ``(B) Determination.--
                            ``(i) Enrollment.--For each academic year,
                        the Indian student count shall be determined on
                        the basis of the enrollments of Indian students
                        as in effect at the conclusion of--
                                    ``(I) in the case of the fall term,
                                the third week of the fall term; and
                                    ``(II) in the case of the spring
                                term, the third week of the spring
                                term.
                            ``(ii) Calculation.--For each academic
                        year, the Indian student count for a tribally-
                        controlled postsecondary vocational and
                        technical institution shall be the quotient
                        obtained by dividing--
                                    ``(I) the sum of the credit-hours
                                of all Indian students enrolled in the
                                tribally-controlled postsecondary
                                vocational and technical institution
                                (as determined under clause (i)); by
                                    ``(II) 12.
                            ``(iii) Summer term.--Any credit earned in
                        a class offered during a summer term shall be
                        counted in the determination of the Indian
                        student count for the succeeding fall term.
                            ``(iv) Students without secondary school
                        degrees.--
                                    ``(I) In general.--A credit earned
                                at a tribally-controlled postsecondary
                                vocational and technical institution by
                                any Indian student that has not
                                obtained a secondary school degree (or
                                the recognized equivalent of such a
                                degree) shall be counted toward the
                                determination of the Indian student
                                count if the institution at which the
                                student is enrolled has established
                                criteria for the admission of the
                                student on the basis of the ability of
                                the student to benefit from the
                                education or training of the
                                institution.
                                    ``(II) Presumption.--The
                                institution shall be presumed to have
                                established the criteria described in
                                subclause (I) if the admission
                                procedures for the institution include
                                counseling or testing that measures the
                                aptitude of a student to successfully
                                complete a course in which the student
                                is enrolled.
                                    ``(III) Credits toward secondary
                                school degree.--No credit earned by an
                                Indian student for the purpose of
                                obtaining a secondary school degree (or
                                the recognized equivalent of such a
                                degree) shall be counted toward the
                                determination of the Indian student
                                count under this clause.
                            ``(v) Continuing education programs.--Any
                        credit earned by an Indian student in a
                        continuing education program of a tribally-
                        controlled postsecondary vocational and
                        technical institution shall be included in the
                        determination of the sum of all credit hours of
                        the student if the credit is converted to a
                        credit-hour basis in accordance with the system
                        of the institution for providing credit for
                        participation in the program.''.

Summary: Amends the Carl D. Perkins Vocational and Technical Education Act of 1998 with respect to grants to tribally controlled postsecondary vocational and technical institutions that are not receiving federal support under the Tribally Controlled College or University Assistance Act of 1978 or the Navajo Community College Act to provide basic support for the education and training of Indian students. Revises the definition of Indian student count .

To amend the Carl D. Perkins Vocational and Technical Education Act of 1998 to modify the definition of "Indian student count".


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pregnant Workers Fairness Act''.

SEC. 2. NONDISCRIMINATION WITH REGARD TO REASONABLE ACCOMMODATIONS
              RELATED TO PREGNANCY.

    It shall be an unlawful employment practice for a covered entity
to--
            (1) not make reasonable accommodations to the known
        limitations related to the pregnancy, childbirth, or related
        medical conditions of a job applicant or employee, unless such
        covered entity can demonstrate that the accommodation would
        impose an undue hardship on the operation of the business of
        such covered entity;
            (2) deny employment opportunities to a job applicant or
        employee, if such denial is based on the need of the covered
        entity to make reasonable accommodations to the known
        limitations related to the pregnancy, childbirth, or related
        medical conditions of an employee or applicant;
            (3) require a job applicant or employee affected by
        pregnancy, childbirth, or related medical conditions to accept
        an accommodation that such applicant or employee chooses not to
        accept, if such accommodation is unnecessary to enable the
        applicant or employee to perform her job;
            (4) require an employee to take leave, whether paid or
        unpaid, if another reasonable accommodation can be provided to
        the known limitations related to the pregnancy, childbirth, or
        related medical conditions of an employee; or
            (5) take adverse action in terms, conditions, or privileges
        of employment against an employee on account of the employee
        requesting or using a reasonable accommodation to the known
        limitations related to the pregnancy, childbirth, or related
        medical conditions of the employee.

SEC. 3. REMEDIES AND ENFORCEMENT.

    (a) Employees Covered by Title VII of the Civil Rights Act of
1964.--
            (1) In general.--The powers, procedures, and remedies
        provided in sections 705, 706, 707, 709, 710, and 711 of the
        Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the
        Commission, the Attorney General, or any person, alleging a
        violation of title VII of that Act (42 U.S.C. 2000e et seq.)
        shall be the powers, procedures, and remedies this Act provides
        to the Commission, the Attorney General, or any person,
        respectively, alleging an unlawful employment practice in
        violation of this Act against an employee described in section
        5(3)(A), except as provided in paragraphs (2) and (3).
            (2) Costs and fees.--The powers, remedies, and procedures
        provided in subsections (b) and (c) of section 722 of the
        Revised Statutes of the United States (42 U.S.C. 1988), shall
        be the powers, remedies, and procedures this Act provides to
        the Commission, the Attorney General, or any person, alleging
        such a practice.
            (3) Damages.--The powers, remedies, and procedures provided
        in section 1977A of the Revised Statutes of the United States
        (42 U.S.C. 1981a), including the limitations contained in
        subsection (b)(3) of such section 1977A, shall be the powers,
        remedies, and procedures this Act provides to the Commission,
        the Attorney General, or any person, alleging such a practice
        (not an employment practice specifically excluded from coverage
        under section 1977A(a)(1) of the Revised Statutes of the United
        States).
    (b) Employees Covered by Congressional Accountability Act of
1995.--
            (1) In general.--The powers, remedies, and procedures
        provided in the Congressional Accountability Act of 1995 (2
        U.S.C. 1301 et seq.) to the Board (as defined in section 101 of
        that Act (2 U.S.C. 1301)), or any person, alleging a violation
        of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be
        the powers, remedies, and procedures this Act provides to that
        Board, or any person, alleging an unlawful employment practice
        in violation of this Act against an employee described in
        section 5(3)(B), except as provided in paragraphs (2) and (3).
            (2) Costs and fees.--The powers, remedies, and procedures
        provided in subsections (b) and (c) of section 722 of the
        Revised Statutes of the United States (42 U.S.C. 1988), shall
        be the powers, remedies, and procedures this Act provides to
        that Board, or any person, alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided
        in section 1977A of the Revised Statutes of the United States
        (42 U.S.C. 1981a), including the limitations contained in
        subsection (b)(3) of such section 1977A, shall be the powers,
        remedies, and procedures this Act provides to that Board, or
        any person, alleging such a practice (not an employment
        practice specifically excluded from coverage under section
        1977A(a)(1) of the Revised Statutes of the United States).
            (4) Other applicable provisions.--With respect to a claim
        alleging a practice described in paragraph (1), title III of
        the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et
        seq.) shall apply in the same manner as such title applies with
        respect to a claim alleging a violation of section 201(a)(1) of
        such Act (2 U.S.C. 1311(a)(1)).
    (c) Employees Covered by Chapter 5 of Title 3, United States
Code.--
            (1) In general.--The powers, remedies, and procedures
        provided in chapter 5 of title 3, United States Code, to the
        President, the Commission, the Merit Systems Protection Board,
        or any person, alleging a violation of section 411(a)(1) of
        that title, shall be the powers, remedies, and procedures this
        Act provides to the President, the Commission, such Board, or
        any person, respectively, alleging an unlawful employment
        practice in violation of this Act against an employee described
        in section 5(3)(C), except as provided in paragraphs (2) and
        (3).
            (2) Costs and fees.--The powers, remedies, and procedures
        provided in subsections (b) and (c) of section 722 of the
        Revised Statutes of the United States (42 U.S.C. 1988) shall be
        the powers, remedies, and procedures this Act provides to the
        President, the Commission, such Board, or any person, alleging
        such a practice.
            (3) Damages.--The powers, remedies, and procedures provided
        in section 1977A of the Revised Statutes of the United States
        (42 U.S.C. 1981a), including the limitations contained in
        subsection (b)(3) of such section 1977A, shall be the powers,
        remedies, and procedures this Act provides to the President,
        the Commission, such Board, or any person, alleging such a
        practice (not an employment practice specifically excluded from
        coverage under section 1977A(a)(1) of the Revised Statutes of
        the United States).
    (d) Employees Covered by Government Employee Rights Act of 1991.--
            (1) In general.--The powers, remedies, and procedures
        provided in sections 302 and 304 of the Government Employee
        Rights Act of 1991 (42 U.S.C. 2000e-16b; 2000e-16c) to the
        Commission, or any person, alleging a violation of section
        302(a)(1) of that Act (42 U.S.C. 2000e-16b(a)(1)) shall be the
        powers, remedies, and procedures this Act provides to the
        Commission, or any person, respectively, alleging an unlawful
        employment practice in violation of this Act against an
        employee described in section 5(3)(D), except as provided in
        paragraphs (2) and (3).
            (2) Costs and fees.--The powers, remedies, and procedures
        provided in subsections (b) and (c) of section 722 of the
        Revised Statutes of the United States (42 U.S.C. 1988) shall be
        the powers, remedies, and procedures this Act provides to the
        Commission, or any person, alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided
        in section 1977A of the Revised Statutes of the United States
        (42 U.S.C. 1981a), including the limitations contained in
        subsection (b)(3) of such section 1977A, shall be the powers,
        remedies, and procedures this Act provides to the Commission,
        or any person, alleging such a practice (not an employment
        practice specifically excluded from coverage under section
        1977A(a)(1) of the Revised Statutes of the United States).
    (e) Employees Covered by Section 717 of the Civil Rights Act of
1964.--
            (1) In general.--The powers, remedies, and procedures
        provided in section 717 of the Civil Rights Act of 1964 (42
        U.S.C. 2000e-16) to the Commission, the Attorney General, the
        Librarian of Congress, or any person, alleging a violation of
        that section shall be the powers, remedies, and procedures this
        Act provides to the Commission, the Attorney General, the
        Librarian of Congress, or any person, respectively, alleging an
        unlawful employment practice in violation of this Act against
        an employee or applicant described in section 5(3)(E), except
        as provided in paragraphs (2) and (3).
            (2) Costs and fees.--The powers, remedies, and procedures
        provided in subsections (b) and (c) of section 722 of the
        Revised Statutes of the United States (42 U.S.C. 1988) shall be
        the powers, remedies, and procedures this Act provides to the
        Commission, the Attorney General, the Librarian of Congress, or
        any person, alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided
        in section 1977A of the Revised Statutes of the United States
        (42 U.S.C. 1981a), including the limitations contained in
        subsection (b)(3) of such section 1977A, shall be the powers,
        remedies, and procedures this Act provides to the Commission,
        the Attorney General, the Librarian of Congress, or any person,
        alleging such a practice (not an employment practice
        specifically excluded from coverage under section 1977A(a)(1)
        of the Revised Statutes of the United States).
    (f) Prohibition Against Retaliation.--
            (1) In general.--No person shall discriminate against any
        individual because such individual has opposed any act or
        practice made unlawful by this Act or because such individual
        made a charge, testified, assisted, or participated in any
        manner in an investigation, proceeding, or hearing under this
        Act.
            (2) Prohibition against coercion.--It shall be unlawful to
        coerce, intimidate, threaten, or interfere with any individual
        in the exercise or enjoyment of, or on account of such
        individual having exercised or enjoyed, or on account of such
        individual having aided or encouraged any other individual in
        the exercise or enjoyment of, any right granted or protected by
        this Act.
            (3) Remedy.--The remedies and procedures otherwise provided
        for under this section shall be available to aggrieved
        individuals with respect to violations of this subsection.

SEC. 4. RULEMAKING.

    Not later than 2 years after the date of enactment of this Act, the
Commission shall issue regulations in an accessible format in
accordance with subchapter II of chapter 5 of title 5, United States
Code, to carry out this Act. Such regulations shall provide examples of
reasonable accommodations addressing known limitations related to
pregnancy, childbirth, or related medical conditions that shall be
provided to a job applicant or employee affected by such known
limitations unless the covered entity can demonstrate that doing so
would impose an undue hardship.

SEC. 5. DEFINITIONS.

    As used in this Act--
            (1) the term ``Commission'' means the Equal Employment
        Opportunity Commission;
            (2) the term ``covered entity''--
                    (A) has the meaning given the term ``respondent''
                in section 701(n) of the Civil Rights Act of 1964 (42
                U.S.C. 2000e(n)); and
                    (B) includes--
                            (i) an employing office, as defined in
                        section 101 of the Congressional Accountability
                        Act of 1995 (2 U.S.C. 1301) and section 411(c)
                        of title 3, United States Code;
                            (ii) an entity employing a State employee
                        described in section 304(a) of the Government
                        Employee Rights Act of 1991 (42 U.S.C. 2000e-
                        16c(a)); and
                            (iii) an entity to which section 717(a) of
                        the Civil Rights Act of 1964 (42 U.S.C. 2000e-
                        16(a)) applies;
            (3) the term ``employee'' means--
                    (A) an employee (including an applicant), as
                defined in section 701(f) of the Civil Rights Act of
                1964 (42 U.S.C. 2000e(f));
                    (B) a covered employee (including an applicant), as
                defined in section 101 of the Congressional
                Accountability Act of 1995 (2 U.S.C. 1301);
                    (C) a covered employee (including an applicant), as
                defined in section 411(c) of title 3, United States
                Code;
                    (D) a State employee (including an applicant)
                described in section 304(a) of the Government Employee
                Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); or
                    (E) an employee (including an applicant) to which
                section 717(a) of the Civil Rights Act of 1964 (42
                U.S.C. 2000e-16(a)) applies;
            (4) the term ``person'' has the meaning given such term in
        section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(a)); and
            (5) the terms ``reasonable accommodation'' and ``undue
        hardship'' have the meanings given such terms in section 101 of
        the Americans with Disabilities Act of 1990 (42 U.S.C. 12111)
        and shall be construed as such terms have been construed under
        such Act and as set forth in the regulations required by this
        Act, including with regard to the interactive process that will
        typically be used to determine an appropriate reasonable
        accommodation.

SEC. 6. WAIVER OF STATE IMMUNITY.

    A State shall not be immune under the 11th Amendment to the
Constitution of the United States from an action in a Federal or State
court of competent jurisdiction for a violation of this Act. In any
action against a State for a violation of the requirements of this Act,
remedies are available for such a violation to the same extent as such
remedies are available for such a violation in an action against any
public or private entity other than a State.

SEC. 7. RELATIONSHIP TO OTHER LAWS.

    Nothing in this Act shall be construed to invalidate or limit the
remedies, rights, and procedures of any Federal law or law of any State
or political subdivision of any State or jurisdiction that provides
greater or equal protection for workers affected by pregnancy,
childbirth, or related medical conditions.

Summary: Pregnant Workers Fairness Act Declares that it is an unlawful employment practice for employers, employment agencies, labor organizations, and other specified entities to: (1) fail to make reasonable accommodations to known limitations related to the pregnancy, childbirth, or related medical conditions of job applicants or employees, unless the accommodation would impose an undue hardship on such an entity's business operation. (2) deny employment opportunities based on the need of the entity to make such reasonable accommodations. (3) require such job applicants or employees to accept an accommodation that they choose not to accept, if such accommodation is unnecessary to perform the job. (4) require such employees to take paid or unpaid leave if another reasonable accommodation can be provided to their known limitations. Or (5) take adverse action in terms, conditions, or privileges of employment against an employee requesting or using such reasonable accommodations. Sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, the Congressional Accountability Act of 1995, the Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices. Directs the Equal Employment Opportunity Commission to issue regulations to carry out this Act, including the identification of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions. Prohibits state immunity under the Eleventh Amendment to the Constitution from an action for a violation of this Act.

Pregnant Workers Fairness Act