SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Boundary Waters Canoe Area
Wilderness Accessibility and Partnership Act of 1996''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Boundary Waters Canoe Area Wilderness, located
        amidst the scenic splendor of the Minnesota-Ontario border, is
        and always will be a unique lakeland-based Federal wilderness
        unit that serves as 1 of the Nation's great natural ecosystems;
            (2) the Boundary Waters Canoe Area Wilderness is a special
        wilderness area dedicated to appropriate public access and use
        through recognized motorized and nonmotorized recreational
        activities under protections and commitments in the Wilderness
        Act (16 U.S.C. 1131 et seq.) and Public Law 95-495 (92 Stat.
        1649);
            (3) intergovernmental cooperation that respects and
        emphasizes the role of State, local, and tribal governments in
        land management decisionmaking processes is essential to
        optimize the preservation and development of social,
        historical, cultural, and recreational resources; and
            (4) the national interest is served by--
                    (A) improving the management and protection of the
                Boundary Waters Canoe Area Wilderness;
                    (B) allowing Federal, State, local, and tribal
                governments to engage in an innovative management
                partnership in Federal land management decisionmaking
                processes; and
                    (C) ensuring adequate public access, enjoyment, and
                use of the Boundary Waters Canoe Area Wilderness
                through nonmotorized and limited motorized means.

SEC. 3. MANAGEMENT CHANGES.

    (a) Use of Motorboats.--
            (1) Lac la croix.--Section 4(c)(1) of Public Law 95-495 (92
        Stat. 1650; 16 U.S.C. 1132 note) is amended by inserting ``Lac
        La Croix, Saint Louis County;'' after ``Saint Louis County;''.
            (2) Basswood, birch, and saganaga lakes.--Section 4(c) of
        Public Law 95-495 (92 Stat. 1650; 16 U.S.C. 1132 note) is
        amended--
                    (A) in paragraph (1)--
                            (i) by striking ``except that portion
                        generally'' and all that follows through
                        ``Washington Island'' and inserting ``Lake
                        County; Birch, Lake County''; and
                            (ii) by striking ``, except for that
                        portion west of American Point''; and
                    (B) by striking paragraph (4).
            (3) Sea gull lake.--Section 4(c) of Public Law 95-495 (92
        Stat. 1650; 16 U.S.C. 1132 note) is amended--
                    (A) in paragraph (2), by striking ``that portion
                generally east of Threemile Island,''; and
                    (B) in paragraph (3), by striking ``Sea Gull, Cook
                County, that portion generally west of Threemile
                Island, until January 1, 1999;''.
    (b) Definition of Guest.--The second proviso of section 4(f) of
Public Law 95-495 (92 Stat. 1651; 16 U.S.C. 1132 note) is amended--
            (1) by inserting ``day and overnight'' after ``lake
        homeowners and their'';
            (2) by inserting ``who buy or rent goods and services''
        after ``resort owners and their guests''; and
            (3) by inserting ``or chain of lakes'' after ``shall have
        access to that particular lake''.
    (c) Motorized Portages.--Section 4 of Public Law 95-495 (92 Stat.
1651; 16 U.S.C. 1132 note) is amended by striking subsection (g) and
inserting the following:
    ``(g) Motorized Portages.--Nothing in this Act shall prevent the
operation of motorized vehicles and associated equipment to assist in
the transport of a boat across the portages from the Moose Lake chain
to Basswood Lake, from Fall Lake to Basswood Lake, and from Lake
Vermilion to Trout Lake.''.

SEC. 4. PLANNING AND MANAGEMENT COUNCIL.

    Section 4 of Public Law 95-495 (92 Stat. 1650; 16 U.S.C. 1132 note)
is amended by adding at the end the following:
    ``(j) Planning and Management Council.--
            ``(1) Establishment.--There is established the Boundary
        Waters Canoe Area Wilderness Intergovernmental Council
        (referred to in this Act as the `Council').
            ``(2) Duties of the council.--The Council shall develop and
        monitor a comprehensive management plan for the wilderness in
        accordance with section 20.
            ``(3) Membership.--The Council shall be composed of 11
        members, appointed by the Secretary, of whom--
                    ``(A) 1 member shall be the Under Secretary for
                Natural Resources and Environment of the Department of
                Agriculture, or a designee;
                    ``(B) 3 members shall be appointed, from
                recommendations by the Governor of Minnesota, to
                represent the Department of Natural Resources, the
                Office of Tourism, and the Environmental Quality Board,
                of the State of Minnesota;
                    ``(C) 1 member shall be a commissioner from each of
                the counties of Lake, Cook, and Saint Louis from
                recommendations by each of the county board of
                commissioners;
                    ``(D) 1 member shall be an elected official from
                the Northern Counties Land-Use Coordinating Board from
                recommendations by the Board;
                    ``(E) 1 member shall be the State senator who
                represents the legislative district that contains a
                portion of the wilderness;
                    ``(F) 1 member shall be the State representative
                who represents the legislative district that contains a
                portion of the wilderness; and
                    ``(G) 1 member shall be an elected official of the
                Native American community to represent the 1854 Treaty
                Authority, from recommendations of the Authority.
            ``(4) Advisory councils.--
                    ``(A) In general.--The Council may establish 1 or
                more advisory councils for consultation, including
                councils consisting of members of conservation,
                sportsperson, business, professional, civic, and
                citizen organizations.
                    ``(B) Funding.--An advisory council established
                under subparagraph (A) may not receive any amounts made
                available to carry out this Act.
            ``(5) Quorum.--A majority of the members of the Council
        shall constitute a quorum.
            ``(6) Chairperson.--
                    ``(A) Election.--The members of the Council shall
                elect a chairperson of the Council from among the
                members of the Council.
                    ``(B) Terms.--The chairperson shall serve not more
                than 2 terms of 2 years each.
            ``(7) Meetings.--The Council shall meet at the call of the
        chairperson or a majority of the members of the Council.
            ``(8) Staff and services.--
                    ``(A) Staff of the council.--The Council may
                appoint and fix the compensation of such staff as the
                Council considers necessary to carry out this Act.
                    ``(B) Procurement of temporary services.--The
                Council may procure temporary and intermittent services
                under section 3109(b) of title 5, United States Code.
                    ``(C) Administrative support services.--The
                Administrator of General Services shall provide to the
                Council, on a reimbursable basis, such administrative
                support services as the Council requests.
                    ``(D) Provision by the secretary.--On a request by
                the Council, the Secretary shall provide personnel,
                information, and services to the Council to carry out
                this Act.
                    ``(E) Provision by other federal departments and
                agencies.--A Federal agency shall provide to the
                Council, on a reimbursable basis, such information and
                services as the Council requests.
                    ``(F) Provision by the governor.--The Governor of
                Minnesota may provide to the Council, on a reimbursable
                basis, such personnel and information as the Council
                may request.
                    ``(G) Subpoenas.--The Council may not issue a
                subpoena nor exercise any subpoena authority.
            ``(9) Procedural matters.--
                    ``(A) Guidelines for conduct of business.--The
                following guidelines apply with respect to the conduct
                of business at meetings of the Council:
                            ``(i) Open meetings.--Each meeting shall be
                        open to the public.
                            ``(ii) Public notice.--Timely public notice
                        of each meeting, including the time, place, and
                        agenda of the meeting, shall be published in
                        local newspapers and such notice may be given
                        by such other means as will result in wide
                        publicity.
                            ``(iii) Public participation.--Interested
                        persons shall be permitted to give oral or
                        written statements regarding the matters on the
                        agenda at meetings.
                            ``(iv) Minutes.--Minutes of each meeting
                        shall be kept and shall contain a record of the
                        persons present, an accurate description of all
                        proceedings and matters discussed and
                        conclusions reached, and copies of all
                        statements filed.
                            ``(v) Public inspection of record.--The
                        administrative record, including minutes
                        required under clause (iv), of each meeting,
                        and records or other documents that were made
                        available to or prepared for or by the Council
incident to the meeting, shall be available for public inspection and
copying at a single location.
                    ``(B) New information.--At any time when the
                Council determines it appropriate to consider new
                information from a Federal or State agency or from a
                Council advisory body, the Council shall give full
                consideration to new information offered at that time
                by interested members of the public. Interested parties
                shall have a reasonable opportunity to respond to new
                data or information before the Council takes final
                action on management measures.
            ``(10) Compensation.--
                    ``(A) In general.--A member of the Council who is
                not an officer or employee of the Federal government
                shall serve without pay.
                    ``(B) Travel expenses.--While away from the home or
                regular place of business of the member in the
                performance of services for the Council, a member of
                the Council shall be allowed travel expenses, including
                per diem in lieu of subsistence, in the same manner as
                persons employed intermittently in Federal Government
                service are allowed expenses under section 5703 of
                title 5, United States Code.
            ``(11) Funding.--Of amounts appropriated to the Forest
        Service for a fiscal year, the Secretary shall make available
        such amounts as the Council shall request, not to exceed
        $150,000 for the fiscal year.
            ``(12) Termination of council.--The Council shall terminate
        on the date that is 10 years after the date of enactment of
        this subsection.''.

SEC. 5. MANAGEMENT PLAN.

    Section 20 of Public Law 95-495 (92 Stat. 1659; 16 U.S.C. 1132
note) is amended to read as follows:

``SEC. 20. MANAGEMENT PLAN.

    ``(a) Schedule.--
            ``(1) In general.--Not later than 3 years after the date of
        enactment of this subsection, the Council shall submit to the
        Secretary and the Governor of Minnesota a comprehensive
        management plan (referred to in this section as the `plan') for
        the Boundary Waters Canoe Area Wilderness, to be developed and
        implemented by the responsible Federal agencies, the State of
        Minnesota, and local political subdivisions.
            ``(2) Preliminary report.--Not later than 1 year after the
        date of the first meeting of the Council, the Council shall
        submit a preliminary report to the Secretary describing the
        process to be used to develop the plan.
    ``(b) Development of Plan.--
            ``(1) In general.--In developing the plan, the Council
        shall examine all relevant issues, including--
                    ``(A) year-round visitation consistent with the use
                levels established under this Act, including--
                            ``(i) reform and simplification of the
                        current day use and overnight use permit
                        system;
                            ``(ii) resolving discrepancies between
                        actual permit use and absences; and
                            ``(iii) defining the need for special
                        permit policies for commercial uses;
                    ``(B) the appropriate distribution of visitors in
                the wilderness; and
                    ``(C) a comprehensive visitor education program.
            ``(2) Conditions.--In carrying out subparagraphs (A)
        through (C) of paragraph (1), the Council shall--
                    ``(A) be subject to relevant environmental law;
                    ``(B) consult on a regular basis with appropriate
                officials of each Federal or State agency or local
                government that has jurisdiction over land or water in
                the wilderness;
                    ``(C) consult with interested conservation,
                sportsperson, business, professional, civic, and
                citizen organizations; and
                    ``(D) conduct public meetings at appropriate places
                to provide interested persons the opportunity to
                comment on matters to be addressed by the plan.
            ``(3) Prohibited considerations.--The Council may not
        consider--
                    ``(A) removing wilderness designation;
                    ``(B) allowing mining, logging, or commercial or
                residential development; or
                    ``(C) allowing new types of motorized uses in the
                wilderness, except as provided in this Act.
    ``(c) Approval of Plan.--
            ``(1) Submission to secretary and governor.--The Council
        shall submit the plan to the Secretary and the Governor of
        Minnesota for review.
            ``(2) Approval or disapproval by the secretary.--
                    ``(A) Review by the governor.--The Governor may
                comment on the plan not later than 60 days after
                receipt of the plan from the Council.
                    ``(B) Secretary.--
                            ``(i) In general.--The Secretary shall
                        approve or disapprove the plan not later than
                        90 days after receipt of the plan from the
                        Council.
                            ``(ii) Criteria for review.--In reviewing
                        the plan, the Secretary shall consider--
                                    ``(I) the adequacy of public
                                participation;
                                    ``(II) assurances of plan
                                implementation from State and local
                                officials in Minnesota;
                                    ``(III) the adequacy of regulatory
                                and financial tools that are in place
                                to implement the plan;
                                    ``(IV) provisions of the plan for
                                continuing oversight by the Council of
                                implementation of the plan; and
                                    ``(V) the consistency of the plan
                                with Federal law.
                            ``(iii) Notification of disapproval.--If
                        the Secretary disapproves the plan, the
                        Secretary shall, not later than 30 days after
                        the date of disapproval, notify the Council in
                        writing of the reasons for the disapproval and
                        provide recommendations for revision of the
                        plan.
                    ``(C) Revision and resubmission.--Not later than 60
                days after receipt of a notice of disapproval under
                subparagraph (B) or (D), the Council shall revise and
                resubmit the plan to the Secretary for review.
                    ``(D) Approval or disapproval of revision.--The
                Secretary shall approve or disapprove a plan submitted
                under subparagraph (C) not later than 30 days after
                receipt of the plan from the Council.
    ``(d) Review and Modification of Implementation of Plan.--The
Council--
            ``(1) shall review and monitor the implementation of the
        plan; and
            ``(2) may, after providing for public comment and after
        approval by the Secretary, modify the plan, if the Council and
        the Secretary determine that the modification is necessary to
        carry out this Act.
    ``(e) Interim Program.--Before the approval of the plan, the
Council shall advise and cooperate with appropriate Federal, State,
local, and tribal governmental entities to minimize adverse impacts on
the values described in section 2.
    ``(f) Forest Service Regulations.--During the period beginning on
the date of enactment of this subsection and ending on the date a
management plan is approved by the Secretary under subsection (c)(2),
the Secretary may not issue any regulation that relates to the Boundary
Waters Canoe Area Wilderness, except for--
            ``(1) regulations required for routine business, such as
        issuing permits, visitor education, maintenance, and law
        enforcement; and
            ``(2) emergency regulations.
    ``(g) State and Local Jurisdiction.--Nothing in this Act
diminishes, enlarges, or modifies any right of the State of Minnesota
or any political subdivision of the State to--
            ``(1) exercise civil and criminal jurisdiction;
            ``(2) carry out State fish and wildlife laws in the
        wilderness; or
            ``(3) tax persons, corporations, franchises, or private
        property on land and water included in the wilderness.''.

Summary: Boundary Waters Canoe Area Wilderness Accessibility and Partnership Act of 1996 - Modifies certain restrictions on motorboat use on specified lakes within the Boundary Waters Canoe Area Wilderness, Minnesota. Permits the operation of motorized vehicles and associated equipment to assist in the transport of a boat across the portages from the Moose Lake Chain to Basswood Lake, from Fall Lake to Basswood Lake, and from Lake Vermilion to Trout Lake. Establishes the Boundary Waters Canoe Area Wilderness Intergovernmental Council to develop, review, monitor implementation of, and, if necessary, modify a comprehensive management plan for the Wilderness. Prohibits the Council from considering: (1) removing the wilderness designation, (2) allowing mining, logging, or commercial or residential development. Or (3) allowing motorized uses not otherwise authorized. Provides for review, recommendations for revisions, and approval or disapproval of such plan by the Secretary of Agriculture. Prohibits the Secretary, pending approval of the plan, from issuing any regulation that relates to the Wilderness, except for: (1) regulations required for routine business, such as issuing permits, visitor education, maintenance, and law enforcement, and (2) emergency regulations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Employee Short-Term
Disability Insurance Act of 2011''.

SEC. 2. PURPOSE.

    The purpose of this Act is to offer voluntary insurance to Federal
employees for protection against the loss of pay resulting from--
            (1) short-term injury or disability;
            (2) short-term leave taken for the purpose of caring for a
        family member;
            (3) the birth of a child of such an employee; or
            (4) making arrangements to adopt a child or to become a
        foster parent.

SEC. 3. NON-WORK RELATED DISABILITY INSURANCE.

    (a) In General.--Title 5, United States Code, is amended by
inserting after chapter 87 the following:

     ``CHAPTER 88--NON-WORK RELATED SHORT-TERM DISABILITY INSURANCE

``Sec.
``8801. Definitions.
``8802. Availability of insurance.
``8803. Contracting authority.
``8804. Benefits.
``8805. Premiums.
``8806. Preemption.
``8807. Studies, reports, and audits.
``8808. Jurisdiction of courts.
``8809. Administrative functions.
``8810. Cost accounting standards.
``Sec. 8801. Definitions
    ``For purposes of this chapter--
            ``(1) the term `Director' means the Director of the Office
        of Personnel Management;
            ``(2) the term `employee' means--
                    ``(A) an employee defined in section 8901(1); and
                    ``(B) an officer or employee of the United States
                Postal Service or of the Postal Regulatory Commission;
            ``(3) the term `injury or disability', with respect to an
        employee, means that such employee is unable to perform the
        essential functions of such employee's position of employment
        with the Federal Government;
            ``(4) the term `member of family' has the meaning given
        such term in section 8901(5);
            ``(5) the term `carrier' means an insurance company that is
        licensed to issue disability insurance in all States, taking
        into account any subsidiaries or affiliates of such a company;
        and
            ``(6) the term `State' includes the District of Columbia.
``Sec. 8802. Availability of insurance
    ``(a) The Director shall establish and administer a program to make
insurance coverage available under this chapter--
            ``(1) for an injury or disability not covered under chapter
        81;
            ``(2) for leave to care for, or leave to make arrangements
        to care for, a member of family, including the birth of a son
        or a daughter; and
            ``(3) for leave to make arrangements--
                    ``(A) to become a foster parent; or
                    ``(B) to adopt a child.
    ``(b) Insurance shall not be available under this chapter if the
injury or disability of an employee is--
            ``(1) caused by willful misconduct of such employee;
            ``(2) caused by such employee's intention to bring about
        such injury or disability to himself or to another individual;
        or
            ``(3) proximately caused by the intoxication of such
        employee.
    ``(c) In addition to the requirements otherwise applicable under
section 8801(5), an insurance contract under this chapter must be fully
insured, whether through reinsurance with other carriers or otherwise.
``Sec. 8803. Contracting authority
    ``(a) The Director shall, without regard to any statute requiring
competitive bidding, contract with one or more carriers for a policy or
policies of disability insurance as described under this chapter. The
Director shall ensure that each resulting contract is awarded on the
basis of contractor qualifications, price, and reasonable competition.
    ``(b)(1) Each contract under this section shall contain--
            ``(A) a detailed statement of the benefits offered
        (including any maximums, limitations, exclusions, and other
        definitions of benefits);
            ``(B) the premiums charged (including any limitations or
        other conditions on their subsequent adjustment);
            ``(C) the duration of the enrollment period; and
            ``(D) such other terms and conditions (including procedures
        for establishing eligibility for insurance under this chapter)
        as may be determined by the Director, consistent with the
        requirements of this chapter.
    ``(2) Premiums charged under a contract under this section shall
reasonably and equitably reflect the cost of the benefits provided, as
determined by the Director.
    ``(c)(1) Each contract under this section shall require the
carrier--
            ``(A) to provide payments or benefits described in section
        8804(c) to an employee if such employee is entitled thereto
        under the terms of the contract; and
            ``(B) with respect to disputes regarding claims for
        payments or benefits under the terms of the contract--
                    ``(i) to establish internal procedures designed to
                resolve such disputes expeditiously; and
                    ``(ii) to establish, for disputes not resolved
                through procedures under clause (i), procedures for one
                or more alternative means of dispute resolution
                involving independent third-party review under
                circumstances acceptable to the Director.
    ``(2) The carrier's determination as to whether or not a particular
employee is eligible to obtain insurance coverage under this chapter
shall be subject to review to the extent and in the manner provided in
the applicable contract.
    ``(3) Nothing in this chapter shall be considered to grant
authority for a third-party reviewer to change the terms of any
contract under this chapter.
    ``(d)(1) Each contract under this section shall be for a term of
not less than 3 years and not greater than 7 years, and may be
terminated earlier than the termination date of such contract by the
Director in accordance with the terms of such contract. However, the
rights and responsibilities of the enrolled employee, the insurer, and
the Director under each contract shall continue with respect to such
employee until the termination of coverage of the enrolled employee or
the effective date of a successor contract.
    ``(2) A contract described in paragraph (1) may be made
automatically renewable, for a term of 1 year each January 1, unless
written notice of non-renewal is given either by the Director or the
carrier not less than 180 days before the renewal date, or unless
modified by mutual agreement.
    ``(3) A contract described in paragraph (1) shall include such
provisions as may be necessary to ensure that, once an employee becomes
duly enrolled, insurance coverage pursuant to that enrollment shall be
terminated only if the individual is separated from Federal service or,
where appropriate, for non-payment of premiums.
``Sec. 8804. Benefits
    ``(a) The Director may prescribe reasonable minimum standards for
benefit plans offered under this chapter.
    ``(b)(1) Benefits provided to an employee under this chapter shall
offset other benefits received by such employee for the same injury or
disability, leave to care for or make arrangements to care for a member
of family (including the birth of a son or a daughter), or leave to
make arrangements to adopt a child or become a foster parent including
worker's compensation and disability retirement income.
    ``(2) A contract providing benefits under this chapter--
            ``(A) shall not provide for a preexisting condition
        exclusion; and
            ``(B) shall not charge higher premiums, deny coverage, or
        drop coverage of an employee with a preexisting condition.
    ``(3) A contract providing benefits under this chapter shall
provide incentives for an employee who is receiving benefits under such
contract to return to work.
    ``(c)(1) For each instance that such employee suffers an injury or
disability, takes leave to care for or make arrangements to care for a
member of family (including the birth of a son or a daughter), or takes
leave to make arrangements to adopt a child or become a foster parent,
and is eligible for benefits under this chapter, such employee may
receive benefits under this chapter for a period not to exceed 12
months beginning on the date on which such employee qualifies for such
benefits. An employee shall receive such benefits after the expiration
of the waiting period selected by such employee under paragraph (2)(A).
The amount of benefits shall be equal to the lesser of--
            ``(A) 70 percent of the annual rate of pay, excluding
        bonuses, of an employee at the time of the injury or disability
        of such employee occurs; or
            ``(B) 70 percent of the maximum rate of basic pay provided
        for grade GS-15 of the General Schedule.
    ``(2)(A) The period for which benefits are payable to an employee
under this subsection shall begin after the completion of a waiting
period, subject to the requirement in subparagraph (C). An employee
shall elect one of the following waiting period options:
            ``(i) On the 8th day of continuous injury or disability,
        leave to care for or to make arrangements to care for a member
        of family (including the birth of a son or a daughter), or
        leave to make arrangements to adopt a child or become a foster
        parent.
            ``(ii) On the 31st day of continuous disability, leave to
        care for or to make arrangements to care for a member of family
        (including the birth of a son or a daughter), or leave to make
        arrangements to adopt a child or become a foster parent.
            ``(iii) On the 91st day of continuous disability, leave to
        care for or to make arrangements to care for a member of family
        (including the birth of a son or a daughter), or leave to make
        arrangements to adopt a child or become a foster parent.
            ``(iv) On the 181st day of continuous disability, leave to
        care for or to make arrangements to care for a member of family
        (including the birth of a son or a daughter), or leave to make
        arrangements to adopt a child or become a foster parent.
    ``(B) An employee who elects to receive benefits earlier shall pay
a higher premium.
    ``(C) A waiting period selected under subparagraph (A) shall begin
on the first day of an employee's injury or disability.
``Sec. 8805. Premiums
    ``(a) Each eligible individual obtaining insurance coverage under
this chapter shall be responsible for 100 percent of the premiums for
such coverage.
    ``(b) The amount necessary to pay the premiums for enrollment shall
be withheld from the pay of the enrolled individual.
    ``(c) The carrier participating under this chapter shall maintain
records that permit it to account for all amounts received under this
chapter (including investment earnings on those amounts) separate and
apart from all other funds.
    ``(d)(1)(A) The Employees' Life Insurance Fund is available,
without fiscal year limitation, for reasonable expenses incurred in
administering this chapter before the start of the first term described
in section 8803(d)(1), including reasonable implementation costs.
    ``(B) Such Fund shall be reimbursed, before the end of the first
year of a contract described in section 8803(d)(1), for all amounts
obligated or expended under subparagraph (A) (including lost investment
income). Reimbursement under this subparagraph shall be made by the
carrier in accordance with applicable provisions included in the
relevant contract.
    ``(C)(i) There is hereby established in the Employees' Life
Insurance Fund a Non-Work Related Disability Insurance Administrative
Account, which shall be available to the Office of Personnel
Management, without fiscal year limitation, to defray reasonable
expenses incurred by the Office in administering this chapter after the
start of the first term described in section 8803(d)(1).
    ``(ii) A contract under this chapter shall include appropriate
provisions under which the carrier involved shall, during each year,
make such periodic contributions to the Non-Work Related Disability
Insurance Administrative Account as necessary to ensure that the
reasonable anticipated expenses of the Office of Personnel Management
in administering this chapter during such year (adjusted to reconcile
for any earlier overestimates or underestimates under this
subparagraph) are defrayed.
    ``(e) Nothing in this chapter shall, in the case of an enrolled
individual applying for an extension of insurance coverage under this
chapter after the expiration of such enrolled individual's first
opportunity to enroll, preclude the application of underwriting
standards for later enrollment.
``Sec. 8806. Preemption
    ``(a) The terms of any contract under this chapter which relate to
the nature, provision, or extent of coverage or benefits (including
payments with respect to benefits) shall supersede and preempt any
State, territorial, tribal, or local law, or any regulation issued
thereunder, which relates to non-work related disability insurance or
contracts.
    ``(b)(1) No tax, fee, or other monetary payment may be imposed or
collected, directly or indirectly, by any State, territory, tribe, or
locality, or by any political subdivision or other governmental
authority thereof, on, or with respect to, any premium paid for an
insurance policy under this chapter.
    ``(2) Paragraph (1) shall not be construed to exempt any company or
other entity issuing a policy of insurance under this chapter from the
imposition, payment, or collection of a tax, fee, or other monetary
payment on the net income or profit accruing to or realized by such
entity from business conducted under this chapter, if that tax, fee, or
payment is applicable to a broad range of business activity.
    ``(c) No law of a State, territory, tribe, or locality, pertaining
to subrogation or reimbursement with respect to benefits provided under
this chapter, shall operate except as expressly adopted by the
Director.
``Sec. 8807. Studies, reports, and audits
    ``(a) A contract under this chapter shall contain provisions
requiring the carrier to furnish such reasonable reports as the
Director determines to be necessary to enable the Director to carry out
the Director's functions under this chapter.
    ``(b) Each Federal agency shall keep such records, make such
certifications, and furnish the Director, the carrier, or both, with
such information and reports as the Director may require.
    ``(c) The Director shall conduct periodic reviews of each plan
under this chapter to ensure its competitiveness.
``Sec. 8808. Jurisdiction of courts
    ``The district courts of the United States have original
jurisdiction, concurrent with the United States Court of Federal
Claims, of a civil action or claim against the United States under this
chapter after such administrative remedies as required under section
8803(c) have been exhausted, but only to the extent judicial review is
not precluded by any dispute resolution or other remedy under this
chapter.
``Sec. 8809. Administrative functions
    ``(a)(1) Except as otherwise provided in this chapter, the Director
shall prescribe regulations necessary to carry out this chapter and to
make arrangements as necessary with other agencies and payroll systems
to implement the program.
    ``(2) Except as otherwise provided by law, the Director shall
specify in regulation the treatment of time spent by an individual in
receipt of benefits under this chapter for the purposes of periodic
increases in pay, retention purposes, and other rights, benefits, and
conditions of employment for which length of service is a factor.
    ``(b) The carrier shall provide for periodic coordinated
enrollment, promotion, and education efforts, as specified by the
Director.
``Sec. 8810. Cost accounting standards
    ``The cost accounting standards issued pursuant to section 1502 of
title 41 shall not apply with respect to an insurance contract under
this chapter.''.
    (b) Conforming Amendment.--Section 1005(f) of title 39, United
States Code, is amended by inserting ``88,'' after ``87,''.
    (c) Clerical Amendment.--The analysis for part III of title 5,
United States Code, is amended by adding at the end of subpart G the
following:

``88. Non-Work Related Short-Term Disability Insurance......    8801''.
    (d) Date of Application.--The amendment made by subsection (a)
shall apply to contracts that take effect with respect to the first
calender year that begins more than 18 months after the date of
enactment of this section.

Summary: Federal Employee Short-Term Disability Insurance Act of 2011 - Requires the Director of the Office of Personnel Management (OPM) to establish and administer a program for short-term disability insurance coverage for federal employees for: (1) an injury or disability that is not work related, (2) leave to care for a family member, and (3) leave to make arrangements to become a foster parent or to adopt a child. Disqualifies an employee for such insurance if an injury or disability is caused by willful misconduct, a self-inflicted injury, or intoxication. Requires the Director to contract with one or more insurance carriers for disability insurance coverage plans, without regard to competitive bidding requirements. Requires such plans to contain a detailed statement of benefits offered, the premiums charged, and the duration of the enrollment period. Authorizes the Director to prescribe reasonable minimum standards for benefits offered by such plans, including a prohibition against excluding or penalizing an employee for a preexisting condition. Requires individuals eligible for coverage under a disability insurance plan to be responsible for 100 of the premiums for the coverage offered. Establishes in the Employees' Life Insurance Fund a Non-Work Related Disability Insurance Administrative Account, which shall be available to OPM to defray reasonable expenses incurred in administering this Act and to which contracted carriers shall make contributions necessary to cover such expenses.

To provide a short-term disability insurance program for Federal employees for disabilities that are not work-related, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shaken Baby Syndrome Prevention Act
of 2007''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Shaken Baby Syndrome is a term used to describe the
        constellation of symptoms, trauma, and medical conditions
        resulting from the violent shaking, or abusive impact to the
        head, of an infant, toddler or other young child.
            (2) Shaken Baby Syndrome is a form of child abuse affecting
        between 1,200 and 1,600 children every year.
            (3) Children who are age 1 or younger accounted for 41.9
        percent of all child abuse and neglect fatalities in 2005, and
        children who are age 4 or younger accounted for 76.6 percent of
        all child abuse and neglect facilities in 2005.
            (4) The most recent National Child Abuse and Neglect Data
        System figures reveal that almost 900,000 children were victims
        of abuse and neglect in the United States in 2005. That abuse
        and neglect caused unspeakable pain and suffering to the
        Nation's most vulnerable citizens.
            (5) It is estimated that between one-quarter and one-third
        of Shaken Baby Syndrome victims die as a result of their
        injuries, while one-third suffer permanent, severe disabilities
        including paralysis, seizures, loss of hearing or vision,
        cognitive impairments, and other disabilities, often resulting
        in a lifetime of extraordinary medical, educational, and care
        expenses.
            (6) Shaken Baby Syndrome is preventable. Prevention
        programs have demonstrated that educating new parents and other
        caregivers about the danger of shaking young children, healthy
        strategies for coping with infant crying, infant soothing
        skills, and how to protect children from injury can bring about
        a significant reduction in the number of cases of Shaken Baby
        Syndrome.
            (7) Efforts to prevent Shaken Baby Syndrome are supported
        by child welfare and advocacy groups across the United States,
        including many groups formed by parents and relatives of
        children who have been killed or injured by the syndrome.
            (8) Education programs have been shown to raise awareness
        about Shaken Baby Syndrome and provide critically important
        information about the syndrome to caregivers, day care workers,
        child protection employees, law enforcement personnel, health
        care providers, and legal representatives.
            (9) Education programs can give parents healthy strategies
        for dealing with a crying infant and change the knowledge and
        behavior of parents of young children.

SEC. 3. PUBLIC HEALTH CAMPAIGN.

    (a) In General.--
            (1) Development.--The Secretary of Health and Human
        Services (referred to in this Act as the ``Secretary''), acting
        through the Director of the National Center for Injury
        Prevention and Control of the Centers for Disease Control and
        Prevention, the Director of the National Institute of Child
        Health and Human Development, the Director of the Maternal and
        Child Health Bureau of the Health Resources and Services
        Administration, and the Director of the Office of Child Abuse
        and Neglect in the Administration for Children and Families,
        shall develop an effective national Shaken Baby Syndrome public
        health campaign.
            (2) Information.--The public health campaign shall inform
        the general public, and new parents, child care providers and
        other caregivers of young children, health care providers, and
        social workers, among others, about brain injuries and other
        harmful effects that may result from shaking, or abusive impact
        to the head, of infants and children under age 5, and healthy
        strategies to cope with a crying infant and related
        frustrations, in order to help protect children from injury.
            (3) Coordination.--In carrying out the public health
        campaign, the Secretary shall also coordinate activities with
        providers of other support services to parents and other
        caregivers of young children.
    (b) Activities.--
            (1) In general.--In carrying out the public health
        campaign, the Secretary shall carry out the activities
        described in paragraphs (2) through (4).
            (2) National action plan and strategies.--The Secretary
        shall--
                    (A) develop a National Action Plan and effective
                strategies to increase awareness of opportunities to
                prevent Shaken Baby Syndrome through activities that
                comprehensively and systematically provide information
                and instruction about healthy strategies for parents
                and other caregivers concerning how to cope with a
                crying infant and related frustrations; and
                    (B) coordinate the Plan and effective strategies
                with evidence-based strategies and efforts that support
                families with infants and other young children, such as
                home visiting programs and respite child care efforts,
                which have a role to play in prevention of the
                syndrome.
            (3) Communication, education, and training.--The Secretary
        shall carry out communication, education, and training about
        Shaken Baby Syndrome prevention, including efforts to
        communicate with the general public by--
                    (A) disseminating effective prevention practices
                and techniques to parents and caregivers through
                maternity hospitals, child care centers, organizations
                providing prenatal and postnatal care, organizations
                providing programs for fathers, and organizations
                providing parenting education and support services;
                    (B)(i) producing evidence-based educational and
                informational materials in print, audio, video,
                electronic, and other media, giving special attention
                to educating young men and English language learners
                through the materials; and
                    (ii) coordinating activities carried out under
                clause (i) with national and Federal awareness
                activities, such as the activities accompanying Shaken
                Baby Awareness Week, to the extent possible;
                    (C) carrying out Shaken Baby Syndrome training,
                which shall aim--
                            (i) to ensure that primary care providers,
                        home visitors, parent educators, child care
                        providers, foster parents and others involved
                        in the care of young children, and nurses,
                        physicians, and other health care providers,
                        are aware of ways to prevent abusive head
                        trauma and other forms of child maltreatment,
                        and the need to secure immediate medical
                        attention in cases of head trauma; and
                            (ii) to provide health care providers and
                        early childhood educators with the knowledge,
                        skills, and materials to simply, quickly, and
                        effectively educate parents, including adoptive
                        and foster parents, as well as others who are
                        caregivers of young children, about infant
                        crying and thus reduce abuse.
            (4) Supports for parents and caregivers.--
                    (A) In general.--The Secretary, in consultation
                with the Shaken Baby Awareness Advisory Council, shall
                work to ensure that the parents and caregivers of
                children are connected to effective supports through
                the coordination of existing programs and networks or
                the establishment of new programs.
                    (B) Supports.--To the extent practicable, the
                supports provided under this paragraph shall include
                the provision of a 24-hour phone hotline, and the
                development of an Internet website for round-the-clock
                support, for--
                            (i) parents and caregivers who struggle
                        with infant crying and related concerns;
                            (ii) parents and caregivers of surviving
                        children who suffer serious injuries as a
                        result of shaking or an abusive impact to the
                        head, as a young child; and
                            (iii) parents and family members of
                        children who do not survive such shaking or
                        abusive impact.
    (c) Shaken Baby Awareness Advisory Council.--
            (1) Establishment.--There is established a Shaken Baby
        Awareness Advisory Council (referred to in this subsection as
        the ``Council'').
            (2) Membership.--The Council shall be composed of members
        appointed by the Secretary, not later than 6 months after the
        date of enactment of this Act, including, to the maximum extent
        possible, representatives from--
                    (A) Shaken Baby Awareness advocacy organizations,
                including groups formed by parents and relatives of
                victims;
                    (B) child protection advocacy organizations;
                    (C) organizations involved in child protection and
                child maltreatment prevention;
                    (D) disability advocacy organizations;
                    (E) pediatric medical associations;
                    (F) psychologists, child development professionals,
                or family studies professionals;
                    (G) professional associations or institutions
                involved in medical research related to abusive head
                trauma;
                    (H) academic institutions;
                    (I) parenting support organizations, including
                those providing programs targeted towards fathers;
                    (J) organizations who come in contact with families
                and caregivers of infants, toddlers, and other young
                children; and
                    (K) other Federal and State agencies involved in
                child abuse prevention activities.
            (3) Period of appointment; vacancies.--
                    (A) Period of appointment.--The Secretary shall,
                after consultation with the members of the Council
                initially appointed by the Secretary under paragraph
                (2), determine and establish the term of service on the
                Council that shall apply to all current and future
                members.
                    (B) Vacancies.--Any vacancy in the Council shall
                not affect the powers of the Council, but shall be
                filled in the same manner as the original appointment.
            (4) Duties.--The Council shall meet at least semi-
        annually--
                    (A) to develop recommendations regarding the
                National Action Plan and effective strategies described
                in subsection (b)(2); and
                    (B) to develop recommendations related to support
                services for families and caregivers of young children.
            (5) Personnel.--
                    (A) Travel expenses.--The members of the Council
                shall not receive compensation for the performance of
                services for the Council, but shall be allowed travel
                expenses, including per diem in lieu of subsistence, at
                rates authorized for employees of agencies under
                subchapter I of chapter 57 of title 5, United States
                Code, while away from their homes or regular places of
                business in the performance of services for the
                Council. Notwithstanding section 1342 of title 31,
                United States Code, the Secretary may accept the
                voluntary and uncompensated services of members of the
                Council.
                    (B) Detail of government employees.--Any Federal
                Government employee may be detailed to the Council
                without reimbursement, and such detail shall be without
                interruption or loss of civil service status or
                privilege.
            (6) Termination of committee.--Section 14 of the Federal
        Advisory Committee Act (5 U.S.C. App.) shall not apply to the
        Council. The Secretary shall terminate the Council when the
        Secretary determines, after consultation with the Council, that
        it is no longer necessary to pursue the goals and carry out the
        activities of the Council.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act
$10,000,000 for fiscal year 2008 and such sums as may be necessary for
each of fiscal years 2009, 2010, and 2011.

Summary: Shaken Baby Syndrome Prevention Act of 2007 - Requires the Secretary of Health and Human Services, acting through various federal agencies, to develop a national Shaken Baby Syndrome public health campaign. Requires the Secretary to: (1) develop a National Action Plan and effective strategies to increase awareness of opportunities to prevent Shaken Baby Syndrome. And (2) coordinate the Plan and strategies with evidence-based strategies and efforts that support families with infants and other young children. Directs the Secretary to carry out communication, education, and training about Shaken Baby Syndrome prevention, including efforts to communicate with the general public, such as by: (1) disseminating effective prevention practices and techniques to parents and caregivers, (2) producing evidence-based educational and information materials. And (3) carrying out Shaken Baby Syndrome training. Requires the Secretary to work to ensure that the parents and caregivers of children are connected to effective supports through the coordination of existing programs and networks or the establishment of new programs, including a 24-hour phone hotline and the development of an Internet website for round-the-clock support. Establishes a Shaken Baby Awareness Advisory Council to develop recommendations: (1) regarding the National Action Plan and effective strategies. And (2) related to support services for families and caregivers of young children.

A bill to enhance Federal efforts focused on public awareness and education about the risks and dangers associated with Shaken Baby Syndrome.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Motor Vehicle Safety Whistleblower
Act''.

SEC. 2. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES AND PROTECTIONS.

    (a) In General.--Subchapter IV of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:

``SEC. 30172. WHISTLEBLOWER INCENTIVES AND PROTECTIONS.

    ``(a) Definitions.--In this section:
            ``(1) Covered action.--The term `covered action' means any
        administrative or judicial action, including any related
        administrative or judicial action, brought by the Secretary or
        the Attorney General under this chapter that in the aggregate
        results in monetary sanctions exceeding $1,000,000.
            ``(2) Monetary sanctions.--The term `monetary sanctions'
        means monies, including penalties and interest, ordered or
        agreed to be paid.
            ``(3) Original information.--The term `original
        information' means information that--
                    ``(A) is derived from the independent knowledge or
                analysis of an individual;
                    ``(B) is not known to the Secretary from any other
                source, unless the individual is the original source of
                the information; and
                    ``(C) is not exclusively derived from an allegation
                made in a judicial or an administrative action, in a
                governmental report, a hearing, an audit, or an
                investigation, or from the news media, unless the
                individual is a source of the information.
            ``(4) Part supplier.--The term `part supplier' means a
        manufacturer of motor vehicle equipment.
            ``(5) Successful resolution.--The term `successful
        resolution' includes any settlement or adjudication of a
        covered action.
            ``(6) Whistleblower.--The term `whistleblower' means any
        employee or contractor of a motor vehicle manufacturer, part
        supplier, or dealership who voluntarily provides to the
        Secretary original information relating to any motor vehicle
        defect, noncompliance, or any violation or alleged violation of
        any notification or reporting requirement of this chapter which
        is likely to cause unreasonable risk of death or serious
        physical injury.
    ``(b) Awards.--
            ``(1) In general.--If the original information that a
        whistleblower provided to the Secretary led to the successful
        resolution of a covered action, the Secretary, subject to
        subsection (c) and under the regulations promulgated under
        subsection (i), may pay an award or awards to 1 or more
        whistleblowers in an aggregate amount of not more than 30
        percent, in total, of collected monetary sanctions.
            ``(2) Payment of awards.--Any amount payable under
        paragraph (1) shall be paid from the monetary sanctions
        collected, and any monetary sanctions so collected shall be
        available for such payment.
    ``(c) Determination of Awards; Denial of Awards.--
            ``(1) Determination of awards.--
                    ``(A) Discretion.--The determination of whether, to
                whom, or in what amount to make an award shall be in
                the discretion of the Secretary.
                    ``(B) Criteria.--In determining an award made under
                subsection (b), the Secretary shall take into
                consideration--
                            ``(i) if appropriate, whether a
                        whistleblower reported or attempted to report
                        the information internally to an applicable
                        motor vehicle manufacturer, part supplier, or
                        dealership;
                            ``(ii) the significance of the original
                        information provided by the whistleblower to
                        the successful resolution of the covered
                        action;
                            ``(iii) the degree of assistance provided
                        by the whistleblower and any legal
                        representative of the whistleblower in the
                        covered action; and
                            ``(iv) such additional factors as the
                        Secretary considers relevant.
            ``(2) Denial of awards.--No award under subsection (b)
        shall be made--
                    ``(A) to any whistleblower who is convicted of a
                criminal violation related to the covered action for
                which the whistleblower otherwise could receive an
                award under this section;
                    ``(B) to any whistleblower who, acting without
                direction from an applicable motor vehicle
                manufacturer, part supplier, or dealership, or agent
                thereof, deliberately causes or substantially
                contributes to the alleged violation of a requirement
                of this chapter;
                    ``(C) to any whistleblower who submits information
                to the Secretary that is based on the facts underlying
                the covered action submitted previously by another
                whistleblower; or
                    ``(D) to any whistleblower who fails to provide the
                original information to the Secretary in such form as
                the Secretary may require by regulation.
    ``(d) Representation.--A whistleblower who makes a claim for an
award under subsection (b) may be represented by counsel.
    ``(e) No Contract Necessary.--No contract with the Secretary is
necessary for any whistleblower to receive an award under subsection
(b).
    ``(f) Appeals.--
            ``(1) In general.--Any determination made under this
        section, including whether, to whom, or in what amount to make
        an award, shall be in the discretion of the Secretary.
            ``(2) Appeals.--Any determination made by the Secretary
        under this section may be appealed by a whistleblower to the
        appropriate court of appeals of the United States not later
        than 30 days after the determination is issued by the
        Secretary.
            ``(3) Review.--The court shall review the determination
        made by the Secretary in accordance with section 706 of title
        5, United States Code.
    ``(g) Protection of Whistleblowers; Confidentiality.--
            ``(1) In general.--Notwithstanding section 30167, and
        except as provided in paragraphs (2) and (3) of this
        subsection, the Secretary, and any officer or employee of the
        Department of Transportation, shall not disclose any
        information, including information provided by a whistleblower
        to the Secretary, which could reasonably be expected to reveal
        the identity of a whistleblower, except in accordance with the
        provisions of section 552a of title 5, United States Code,
        unless and until required to be disclosed to a defendant or
        respondent in connection with a public proceeding instituted by
        the Secretary or any entity described in paragraph (3). For
        purposes of section 552 of title 5, United States Code, this
        paragraph shall be considered a statute described in subsection
        (b)(3)(B) of that section.
            ``(2) Effect.--Nothing in this subsection is intended to
        limit the ability of the Attorney General to present such
        evidence to a grand jury or to share such evidence with
        potential witnesses or defendants in the course of an ongoing
        criminal investigation.
            ``(3) Availability to government agencies.--
                    ``(A) In general.--Without the loss of its status
                as confidential in the hands of the Secretary, all
                information referred to in paragraph (1) may, in the
                discretion of the Secretary, when determined by the
                Secretary to be necessary or appropriate to accomplish
                the purposes of this chapter and in accordance with
                subparagraph (B), be made available to the following:
                            ``(i) The Department of Justice.
                            ``(ii) An appropriate department or agency
                        of the Federal Government, acting within the
                        scope of its jurisdiction.
                    ``(B) Maintenance of information.--Each entity
                described in subparagraph (A) shall maintain
                information described in that subparagraph as
                confidential, in accordance with the requirements in
                paragraph (1).
    ``(h) Provision of False Information.--A whistleblower who
knowingly and willfully makes any false, fictitious, or fraudulent
statement or representation, or who makes or uses any false writing or
document knowing the same to contain any false, fictitious, or
fraudulent statement or entry, shall not be entitled to an award under
this section and shall be subject to prosecution under section 1001 of
title 18.
    ``(i) Regulations.--Not later than 1 year after the date of
enactment of the Motor Vehicle Safety Whistleblower Act, the Secretary
shall promulgate regulations to implement the requirements of this
section.''.
    (b) Rule of Construction.--
            (1) Original information.--Information submitted to the
        Secretary of Transportation by a whistleblower in accordance
        with the regulations to implement the requirements of section
        30172, United States Code, shall not lose its status as
        original information solely because the whistleblower submitted
        the information prior to the effective date of the regulations
        if that information was submitted after the date of enactment
        of this Act.
            (2) Awards.--A whistleblower may receive an award under
        section 30172, United States Code, regardless of whether the
        violation underlying the covered action occurred prior to the
        date of enactment of this Act.
    (c) Conforming Amendments.--The table of contents of subchapter IV
of chapter 301 of title 49, United States Code, is amended by adding at
the end the following:

``30172. Whistleblower incentives and protections.''.

Summary: Motor Vehicle Safety Whistleblower Act - Prescribes certain whistleblower incentives and protections for motor vehicle manufacturer, part supplier, or dealership employees or contractors who voluntarily provide the Secretary of Transportation (DOT) information relating to any motor vehicle defect, noncompliance, or any violation of any notification or reporting requirement which is likely to cause unreasonable risk of death or serious physical injury. Authorizes the Secretary to pay awards to one or more whistleblowers in an aggregate amount of up to 30 of total monetary sanctions collected pursuant to an administrative or judicial action resulting in aggregate monetary sanctions exceeding $1 million. Prohibits an award to any whistleblower who knowingly and willfully makes false representations. Subjects such a whistleblower to criminal penalties.

Motor Vehicle Safety Whistleblower Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Captain James A. Lovell Federal
Health Care Center Act of 2008''.

SEC. 2. TRANSFER OF PROPERTY.

    (a) Transfer.--
            (1) Transfer authorized.--Upon the conclusion of a
        resource-sharing agreement between the Secretary of Defense and
        the Secretary of Veterans Affairs providing for the joint use
        by the Department of Defense and the Department of Veterans
        Affairs of a facility and supporting facilities in North
        Chicago, Illinois, and Great Lakes, Illinois, and for joint use
        of related medical personal property and equipment, the
        Secretary of Defense may transfer, without reimbursement, to
        the Department of Veterans Affairs the Navy ambulatory care
        center (on which construction commenced in July 2008), parking
        structure, and supporting facilities, and related medical
        personal property and equipment, located in Great Lakes,
        Illinois.
            (2) Designation of joint use facility.--The facility and
        supporting facilities subject to joint use under the agreement
        and transfer under this subsection shall be designated as known
        as the ``Captain James A. Lovell Federal Health Care Center''.
    (b) Reversion.--
            (1) In general.--If any of the real and related personal
        property transferred pursuant to subsection (a) is subsequently
        used for purposes other than the purposes specified in the
        joint use specified in the resource-sharing agreement described
        in that subsection or otherwise determined by the Secretary of
        Veterans Affairs to be excess to the needs of the Department of
        Veterans Affairs, the Secretary of Veterans Affairs shall offer
        to transfer such property, without reimbursement, to the
        Secretary of Defense. Any such transfer shall be completed not
        later than one year after the acceptance of the offer of
        transfer.
            (2) Reversion in event of lack of facilities integration.--
                    (A) Within initial period.--During the 5-year
                period beginning on the date of the transfer of the
                real and related personal property described in
                subsection (a), if the Secretary of Veterans Affairs
                and the Secretary of Defense jointly determine that the
                integration of the facilities described in that
                subsection should not continue, the real and related
                personal property of the Navy ambulatory care center,
                parking structure, and support facilities described in
                that subsection shall be transferred, without
                reimbursement, to the Secretary of Defense. Such
                transfer shall occur not later than 180 days after the
                date of such determination by the Secretaries.
                    (B) After initial period.--After the end of the 5-
                year period described in subparagraph (A), if either
                the Secretary of Veterans Affairs or the Secretary of
                Defense determines that the integration of the
                facilities described in subsection (a) should not
                continue, the Secretary of Veterans Affairs shall
                transfer, without reimbursement, to the Secretary of
                Defense the real and related personal property
                described in paragraph (1). Such transfer shall occur
                not later than one year after the date of the
                determination by the Secretary concerned.

SEC. 3. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE.

    (a) Authorization for Transfer of Functions.--
            (1) In general.--The Secretary of Defense may transfer to
        the Department of Veterans Affairs, and the Secretary of
        Veterans Affairs may accept from the Department of Defense,
        functions necessary for the effective operation of the Captain
        James A. Lovell Federal Health Care Center.
            (2) Treatment of transfers.--Any transfer of functions
        under this subsection is a transfer of functions within the
        meaning of section 3503 of title 5, United States Code.
    (b) Terms of Agreement.--
            (1) Resource-sharing agreement.--Any transfer of functions
        under subsection (a) shall be effectuated in a resource-sharing
        agreement between the Secretary of Defense and the Secretary of
        Veterans Affairs.
            (2) Elements.--Notwithstanding any other provision of law,
        including but not limited to any provisions of title 5, United
        States Code, relating to transfers of function or reductions-
        in-force, the agreement described in paragraph (1) shall be
        controlling and may make provision for--
                    (A) the transfer of civilian employee positions of
                the Department of Defense identified in the agreement
                to the Department of Veterans Affairs and of the
                incumbent civilian employees in such positions;
                    (B) the transition of transferred employees to pay,
                benefits, and personnel systems of the Department of
                Veterans Affairs in a manner which will not result in
                any reduction of pay, grade, or employment progression
                of any employee or any change in employment status for
                employees who have already successfully completed or
                are in the process of completing a one-year
                probationary period under title 5, United States Code;
                    (C) the establishment of integrated seniority lists
                and other personnel management provisions that
                recognize an employee's experience and training so as
                to provide comparable recognition of employees
                previously with the Department of Veterans Affairs and
                employees newly transferred to such Department; and
                    (D) such other matters relating to civilian
                personnel management as the Secretary of Defense and
                the Secretary of Veterans Affairs consider appropriate.
    (c) Preservation of Authority.--Notwithstanding subsections (a) and
(b), nothing in this section shall be construed as limiting the
authority of the Secretary of Defense to establish civilian employee
positions in the Department of Defense and utilize all civilian
personnel authorities otherwise available to the Secretary if the
Secretary determines that such actions are necessary and appropriate to
meet mission requirements of the Department of Defense.

SEC. 4. EXTENSION AND EXPANSION OF JOINT INCENTIVE FUND.

    (a) Ten-Year Extension of Authority for Joint Incentives Program.--
Paragraph (3) of section 8111(d) of title 38, United States Code, is
amended by striking ``2010'' and inserting ``2020''.
    (b) Funding of Maintenance and Minor Construction From the Joint
Incentive Fund.--Paragraph (2) of such section is amended by adding at
the end the following new sentence: ``Such purposes shall include real
property maintenance and minor construction projects that are not
required to be specifically authorized by law under section 8104 of
this title and section 2805 of title 10.''.

SEC. 5. HEALTH CARE ELIGIBILITY FOR SERVICES AT THE CAPTAIN JAMES A.
              LOVELL FEDERAL HEALTH CARE CENTER.

    (a) In General.--For purposes of eligibility for health care under
chapter 55 of title 10, United States Code, the Captain James A. Lovell
Federal Health Care Center authorized by this Act may be deemed to be a
facility of the uniformed services to the extent provided in an
agreement between the Secretary of Defense and the Secretary of
Veterans Affairs under subsection (b).
    (b) Elements of Agreement.--Subsection (a) may be implemented
through an agreement between the Secretary of Veterans Affairs and the
Secretary of Defense. The agreement may--
            (1) establish an integrated priority list for access to
        available care at the facility described in subsection (a),
        integrating the respective priority lists of the Secretaries,
        taking into account categories of beneficiaries, enrollment
        program status, and such other factors as the Secretaries
        determine appropriate;
            (2) incorporate any resource-related limitations for access
        to care at that facility established by the Secretary of
        Defense for purposes of administering space-available
        eligibility for care in facilities of the uniformed services
        under chapter 55 of title 10, United States Code;
            (3) allocate financial responsibility for care provided at
        that facility for individuals who are eligible for care under
        both title 38, United States Code, and chapter 55 of title 10,
        United States Code; and
            (4) waive the applicability to that facility of any
        provision of section 8111(e) of title 38, United States Code,
        as specified by the Secretaries.

Summary: Captain James A. Lovell Federal Health Care Center Act of 2008 - Authorizes the Secretary of Defense (Secretary), upon the conclusion of a resource-sharing agreement between the Secretary and the Secretary of Veterans Affairs, to transfer to the Department of Veterans Affairs (VA) the Navy ambulatory care center, parking structure, supporting facilities, and related medical personal property and equipment in Great Lakes, Illinois. Designates such facility and supporting facilities as the Captain James A. Lovell Federal Health Care Center (Center). Provides a reversionary interest to the Secretary if the property is not used in accordance with the resource-sharing agreement or in the event of lack of facilities integration. Authorizes the Secretary to transfer to the VA functions necessary for Center operation. Extends through FY2020 a joint Department of Defense (DOD)-VA program to identify, implement, and evaluate creative health care coordination and sharing initiatives at the facility, intraregional, and nationwide levels. Deems the Center a military facility for purposes of the eligibility of members of the Armed Forces to receive care and services there.

A bill to provide for the integration of the Captain James A. Lovell Federal Health Care Center and the Great Lakes Naval Health Clinic, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prepare All Kids Act of 2009''.

SEC. 2. HIGH QUALITY PREKINDERGARTEN PROGRAMS.

    Title I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) is amended--
            (1) by redesignating part I as part J; and
            (2) by inserting after part H the following:

            ``PART I--HIGH QUALITY PREKINDERGARTEN PROGRAMS

``SEC. 1841. FINDINGS.

    ``Congress makes the following findings:
            ``(1) Investments in children and early childhood
        development education should be a national priority.
            ``(2) State-funded preschool is the most rapidly expanding
        segment of the United States educational system, but in many
        States a lack of stable funding poses an enormous threat to the
        provision or continuation of high quality preschool.
            ``(3) Researchers, educators, and economists have long
        noted an achievement gap for low-income and minority students
        as compared to their more advantaged peers that is often
        already evident when children enter school for the first time.
            ``(4) One study showed that before entering kindergarten,
        the average cognitive scores of preschool-age children in the
        highest socioeconomic group are 60 percent above the average
        scores of children in the lowest socioeconomic group.
            ``(5) For low-income preschoolers, research shows that high
        quality early education and development is vital to closing the
        achievement gap between them and their more advantaged peers.
            ``(6) Numerous studies have shown that high quality
        preschool programs--
                    ``(A) improve a number of specific life outcomes
                for children; and
                    ``(B) are cost effective.
            ``(7) The provision of high quality prekindergarten is a
        cost-effective investment for children and for the Nation.
        Research shows that for every $1 invested in high quality early
        childhood programs, taxpayers save up to $7 in crime, welfare,
        remedial and special education, and other costs.
            ``(8) High quality early education increases academic
        success for schoolchildren who received that education by--
                    ``(A) improving skills in areas such as following
                directions and problem solving;
                    ``(B) improving children's performance on
                standardized tests;
                    ``(C) reducing grade repetition;
                    ``(D) reducing the number of children placed in
                special education; and
                    ``(E) increasing high school graduation rates.
            ``(9) High quality early education promotes responsible
        behavior by teens and adults who received that education by--
                    ``(A) reducing crime, delinquency, and unhealthy
                behaviors such as smoking and drug use;
                    ``(B) lowering rates of teen pregnancy;
                    ``(C) leading to greater employment and higher
                wages for adults; and
                    ``(D) contributing to more stable families.
            ``(10) High quality prekindergarten programs prepare
        children to--
                    ``(A) succeed in school;
                    ``(B) achieve higher levels of education; and
                    ``(C) become citizens who--
                            ``(i) earn more in adulthood;
                            ``(ii) compete in the global economy; and
                            ``(iii) contribute to our national
                        prosperity.

``SEC. 1842. DEFINITIONS.

    ``In this part:
            ``(1) Full-day.--The term `full-day', used with respect to
        a program, means a program with a minimum of a 6-hour schedule
        per day.
            ``(2) Poverty line.--The term `poverty line' has the
        meaning given the term in section 673(2) of the Community
        Services Block Grant Act (42 U.S.C. 9902(2)) and includes any
        revision required by that section.
            ``(3) Prekindergarten.--The term `prekindergarten' means a
        program that--
                    ``(A) serves children who are ages 3 through 5;
                    ``(B) supports children's cognitive, social,
                emotional, and physical development and approaches to
                learning; and
                    ``(C) helps prepare children for a successful
                transition to kindergarten.
            ``(4) Prekindergarten teacher.--The term `prekindergarten
        teacher' means an individual who--
                    ``(A) has a bachelor of arts degree with a
                specialization in early childhood education or early
                childhood development; or
                    ``(B) during the 6-year period following the first
                date on which the individual is employed as such a
                teacher under this part, is working toward that degree.
            ``(5) Qualified prekindergarten provider.--The term
        `qualified prekindergarten provider' includes a provider of a
        prekindergarten program, a Head Start agency, a provider of a
        child care program, a school, and a for-profit or nonprofit
        organization that--
                    ``(A) is in existence on the date of the
                qualification determination; and
                    ``(B) has met applicable requirements under State
                or local law that are designed to protect the health
                and safety of children and that are applicable to child
                care providers.

``SEC. 1843. PROGRAM AUTHORIZATION.

    ``(a) Prekindergarten Incentive Fund.--The Secretary, in
collaboration and consultation with the Secretary of Health and Human
Services, shall create a Prekindergarten Incentive Fund, to be
administered by the Secretary of Education.
    ``(b) Grants.--In administering the Fund, the Secretary shall award
grants to eligible States based on a formula established by the
Secretary in accordance with subsection (c), to pay for the Federal
share of the cost of awarding subgrants to qualified prekindergarten
providers to establish, expand, or enhance voluntary high quality full-
day prekindergarten programs.
    ``(c) Minimum Allotment.--No State shall receive a grant allotment
under subsection (b) for a fiscal year that is less than one-half of 1
percent of the total amount made available to carry out this part for
such fiscal year.

``SEC. 1844. STATE APPLICATIONS AND REQUIREMENTS.

    ``(a) Designated State Agency.--To be eligible to receive a grant
under this part, a State shall designate a State agency to administer
the State program of assistance for prekindergarten programs funded
through the grant, including receiving and administering funds and
monitoring the programs.
    ``(b) State Application.--In order for a State to be eligible to
receive a grant under this part, the designated State agency shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require, including--
            ``(1) an assurance that the State will award subgrants for
        prekindergarten programs that are sufficient to provide a high
        quality prekindergarten experience;
            ``(2) an assurance that not less than 25 percent of the
        qualified prekindergarten providers receiving such subgrants
        will be providers of community-based programs;
            ``(3) a description of the number of children in the State
        who are eligible for the prekindergarten programs and the needs
        that will be served through the prekindergarten programs;
            ``(4) a description of how the State will ensure that the
        subgrants are awarded to a wide range of types of qualified
        prekindergarten providers;
            ``(5) a description of how the designated State agency will
        collaborate and coordinate activities with the State Advisory
        Council on Early Childhood Education and Care, State-funded
        providers of prekindergarten programs, providers of federally
        funded programs such as Head Start agencies, local educational
        agencies, and child care providers;
            ``(6) a description of how the State will ensure, through a
        monitoring process, that qualified prekindergarten providers
        receiving the subgrants provide programs that meet the
        standards of high quality early education, and use funds
        appropriately;
            ``(7) a description of how the State will meet the needs of
        the most disadvantaged students, including families at or below
        200 percent of the poverty line;
            ``(8) a description of how the State will meet the needs of
        working parents; and
            ``(9) a description of how the State will assist in
        providing professional development assistance to
        prekindergarten teachers and teacher aides.
    ``(c) Federal Share.--The Federal share of the cost described in
section 1843(b) shall be 50 percent. The State shall provide the non-
Federal share of the cost in cash.
    ``(d) Supplementary Federal Funding.--Funds made available under
this part may be used only to supplement and not supplant other
Federal, State, local, or private funds that would, in the absence of
the funds made available under this part, be made available for early
childhood programs.
    ``(e) Maintenance of Effort.--A State that receives a grant under
this part for a fiscal year shall maintain the expenditures of the
State for early childhood programs at a level not less than the level
of such expenditures of the State for the preceding fiscal year.

``SEC. 1845. STATE SET ASIDES AND EXPENDITURES.

    ``(a) Infant and Toddler Set Aside.--Notwithstanding sections 1842
and 1843, a State shall set aside not less than 15 percent of the funds
made available through a grant awarded under this part for the purpose
of funding high quality early childhood development programs for
children who are ages 0 through 3. Funds made available under this
subsection may also be used for professional development for teachers
and teacher aides in classrooms for children who are ages 0 through 3.
    ``(b) Extended Day and Extended Year Set Aside.--Notwithstanding
section 1843, a State shall set aside not less than 10 percent of the
funds made available through a grant awarded under this part for the
purpose of extending the hours of early childhood programs to create
extended day and extended year programs.
    ``(c) Administrative Expenses.--Not more than 5 percent of the
funds made available through such a grant may be used for
administrative expenses, including monitoring.

``SEC. 1846. LOCAL APPLICATIONS.

    ``To be eligible to receive a subgrant under this part, a qualified
prekindergarten provider shall submit an application to the designated
State agency at such time, in such manner, and containing such
information as the agency may reasonably require, including--
            ``(1) a description of how the qualified prekindergarten
        provider will meet the diverse needs of children in the
        community to be served, including children with disabilities,
        whose native language is not English, or with other special
        needs, children in the State foster care system, and homeless
        children;
            ``(2) a description of how the qualified prekindergarten
        provider will serve eligible children who are not served
        through similar services or programs;
            ``(3) a description of a plan for actively involving
        parents and families in the prekindergarten program and the
        success of their children in the program;
            ``(4) a description of how children in the prekindergarten
        program, and their parents and families, will receive referrals
        to, or assistance with, accessing supportive services provided
        within the community;
            ``(5) a description of how the qualified prekindergarten
        provider collaborates with the State Advisory Council on Early
        Childhood Education and Care and providers of other programs
        serving children and families, including Head Start agencies,
        providers of child care programs, and local educational
        agencies, to meet the needs of children, families, and working
        families, as appropriate; and
            ``(6) a description of how the qualified prekindergarten
        provider will collaborate with local educational agencies to
        ensure a smooth transition for participating students from the
        prekindergarten program to kindergarten and early elementary
        education.

``SEC. 1847. LOCAL PREKINDERGARTEN PROGRAM REQUIREMENTS.

    ``(a) Mandatory Uses of Funds.--A qualified prekindergarten
provider that receives a subgrant under this part shall use funds
received through the grant to establish, expand, or enhance
prekindergarten programs for children who are ages 3 through 5,
including--
            ``(1) providing a prekindergarten program that supports
        children's cognitive, social, emotional, and physical
        development and approaches to learning, and helps prepare
        children for a successful transition to kindergarten; and
            ``(2) purchasing educational equipment, including
        educational materials, necessary to provide a high quality
        prekindergarten program.
    ``(b) Permissible Use of Funds.--A qualified prekindergarten
provider that receives a subgrant under this part may use funds
received through the grant to--
            ``(1) extend part-day prekindergarten programs to full-day
        prekindergarten programs and year-round programs;
            ``(2) pay for transporting students to and from a
        prekindergarten program; and
            ``(3) provide professional development assistance to
        prekindergarten teachers and teacher aides.
    ``(c) Program Requirements.--A qualified prekindergarten provider
that receives a subgrant under this part shall carry out a high quality
prekindergarten program by--
            ``(1) maintaining a maximum class size of 20 children, with
        at least 1 prekindergarten teacher per classroom;
            ``(2) ensuring that the ratio of children to
        prekindergarten teachers and teacher aides shall not exceed 10
        to 1;
            ``(3) utilizing a prekindergarten curriculum that is
        research- and evidence-based, developmentally appropriate, and
        designed to support children's cognitive, social, emotional,
        and physical development, and approaches to learning; and
            ``(4) ensuring that prekindergarten teachers meet the
        requirements of this part.

``SEC. 1848. REPORTING.

    ``(a) Qualified Prekindergarten Provider Reports.--Each qualified
prekindergarten provider that receives a subgrant from a State under
this part shall submit an annual report, to the designated State
agency, that reviews the effectiveness of the prekindergarten program
provided. Such annual report shall include--
            ``(1) data specifying the number and ages of enrolled
        children, and the family income, race, gender, disability, and
        native language of such children;
            ``(2) a description of--
                    ``(A) the curriculum used by the program;
                    ``(B) how the curriculum supports children's
                cognitive, social, emotional, and physical development
                and approaches to learning; and
                    ``(C) how the curriculum is appropriate for
                children of the culture, language, and ages of the
                children served; and
            ``(3) a statement of all sources of funding received by the
        program, including Federal, State, local, and private funds.
    ``(b) State Reports.--Each State that receives a grant under this
part shall submit an annual report to the Secretary detailing the
effectiveness of all prekindergarten programs funded under this part in
the State.
    ``(c) Report to Congress.--The Secretary shall submit an annual
report to Congress that describes the State programs of assistance for
prekindergarten programs funded under this part.

``SEC. 1849. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part
such sums as may be necessary for fiscal years 2010 through 2014.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Table of Contents.--The table of contents in section 1(b) of
the Elementary and Secondary Education Act of 1965 is amended--
            (1) by striking the item relating to the part heading for
        part I of title I and inserting the following:

                    ``Part J--General Provisions'';

        and
            (2) by inserting after the items relating to part I of
        title I and inserting the following:

        ``Part I--High Quality Full-Day Prekindergarten Programs

``Sec. 1841. Findings.
``Sec. 1842. Definitions.
``Sec. 1843. Program authorization.
``Sec. 1844. State applications and requirements.
``Sec. 1845. State set asides and expenditures.
``Sec. 1846. Local applications.
``Sec. 1847. Local prekindergarten program requirements.
``Sec. 1848. Reporting.
``Sec. 1849. Authorization of appropriations.''.
    (b) Provisions.--Sections 1304(c)(2) and 1415(a)(2)(C) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6394(c)(2),
6435(a)(2)(C)) are amended by striking ``part I'' and inserting ``part
J''.

Summary: Prepare All Kids Act of 2009 - Creates a part I under title I of the Elementary and Secondary Education Act of 1965. Implements such part by requiring the Secretary of Education to establish a Prekindergarten Incentive Fund from which matching grants shall be awarded to states and, through them, subgrants to qualified prekindergarten providers to establish, expand, or enhance voluntary high quality full-day prekindergarten programs serving children ages three through five. Directs state grantees to set aside: (1) at least 15 of their grant for quality early childhood development programs for children ages zero through three. And (2) at least 10 of their grant to extend the hours of early childhood programs to create extended day and year programs. Requires prekindergarten subgrantees to: (1) maintain a maximum class size of 20 children, with at least 1 prekindergarten teacher per classroom. And (2) ensure that the ratio of children to prekindergarten teachers and teacher aides does not exceed 10 to 1.

A bill to assist States in making voluntary high quality universal prekindergarten programs available to 3- to 5-year olds for at least 1 year preceding kindergarten.