SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeowners Empowerment and
Protection Act of 1995''.

SEC. 2. FINDINGS.

    The Congress finds and declares that--
            (1) there are 65,000,000 homeowners in the United States,
        representing approximately two-thirds of all households, who
        have a strong and justified interest in preserving and
        enhancing the value of their property;
            (2) the value of a homeowner's home is based in large part
        on the location of the property relative to other features of
        the built and natural environment, and the increase or decrease
        in the value of a home over time is inextricably linked to
        changes in the quality of the neighborhood and environment in
        which the home is located, including but not limited to the
        quality of the water for drinking, fishing, and swimming, the
        clarity and healthfulness of the air, the risk of flooding, the
        scenic beauty of the community, the presence or absence of
        offensive odors and excessive noise, the health and abundance
        of wildlife resources, and other factors;
            (3) the value of homes in the United States is frequently
        reduced, and sometimes destroyed, by certain types of land
        development, industrial activity, and other actions that occur
        on neighboring properties or at other locations, including
        sites upwind, upstream, or upslope from private homes;
            (4) protecting private homeowners from the adverse affects
        of irresponsible actions of certain entities and individuals
        which cause injury to homeowners' property values is important
        not only to homeowners but also to their communities and
        society as a whole; and
            (5) current public information and participation procedures
        are often insufficient to provide individual homeowners with
        notice of activities and the opportunity to effectively
        participate in decisionmaking procedures that have the
        potential to significantly affect the value of their homes.

SEC. 3. HOMEOWNER RIGHT OF ACCESS TO INFORMATION ABOUT ACTIVITIES THAT
              COULD REDUCE THE VALUE OF THEIR HOMES.

    (a) Notice.--
            (1) General requirement.--Within 90 days after the
        enactment of this Act, the Director of the Office of Management
        and Budget shall establish uniform Federal procedures
        applicable to all agencies under this section. In accordance
        with such procedures, each agency shall require any person
        required to file any application to conduct property impacting
        activity with the agency to provide the notice described in
        this section. The Director shall designate a lead agency in the
        case of any application under this section that involves more
        than one agency.
            (2) Application to conduct property impacting activity.--
        For purposes of this section, the term an ``application to
        conduct property impacting activity'' means an application for
        a permit, license, or other approval form, or contract, lease,
        or other arrangement, with an agency, that would authorize the
        applicant, pursuant to Federal law, to conduct an activity that
        generates pollutants or produces other adverse impacts with the
        potential to reduce the value of any private home.
            (3) Homeowners required to receive notice.--The notice
        under this section shall be provided by delivery, by certified
        mail, of individual written notice to each homeowner whose
        property lies within \1/4\ mile of the perimeter of the site at
        which the activity that is the subject of the application will
        be carried out. The applicant shall also publish notice under
        this subsection at least 3 times in the newspapers of general
        circulation in the affected community. The agency may also
        provide notice under this subsection by mail to the owner of
        any home identified by the agency as reasonably likely
to suffer a reduction in value as a result of the proposed activity.
            (4) Notice contents.--The notice referred to in paragraph
        (2) shall describe the nature of the application to conduct
        property impacting activity, the potential impacts of the
        proposed activity on the value of private homes, potential
        impacts on homeowners and other members of the public, the name
        and telephone number of the applicant and an agency
        representative assigned to provide further information about
        the application, and any opportunities available for homeowner
        or other affected members of the public to comment on the
        proposed activity.
    (b) Public Response; Identification of Alternatives to Reduce
Property Impacts.--In addition to and not in lieu of any other
procedures established by law, each agency shall establish a toll-free
telephone number which homeowners may call to register concerns about
the potential effects on property values of an application for a
proposed activity or to request additional information concerning
applications to conduct property impacting activities filed with the
agency and opportunities to submit public comment. If requested by an
applicant or any homeowner whose property is reasonably likely to
suffer a reduction in value as a result of the activity to be
authorized by such application, the agency shall thoroughly investigate
the potential impact of the proposed activity on the value of private
homes, and seek to identify alternatives to the proposed action which
reduce the adverse effects on the value of private homes.

SEC. 4. HOMEOWNER RIGHT OF ACTION.

    (a) Right of Action.--Whenever any person has carried out any
activity that--
            (1) is authorized (or required to be authorized) by a
        permit, license, or other approval issued by an agency or
        pursuant to Federal law to such person, or by a contract,
        lease, or other arrangement between such person and an agency,
        and
            (2) generates pollutants or produces other adverse impacts
        that cause or significantly contribute to a total reduction in
        the value of one or more private homes of $10,000 or more,
any owner of a private home, the value of which is reduced by such
activity, may commence an action against such person under this
section.
    (b) Notice of Intent to Sue and Voluntary Claim Resolution
Procedures.--At least 30 days prior to filing an action under this
section, a homeowner shall deliver a notice of intent to sue to the
defendant and to the head of the agency to which the application to
conduct property impacting activity is submitted or required to be
submitted or which has authority to enter into the contract, lease, or
other arrangement. If either the homeowner or the defendant requests
that the agency resolve the claim, the agency head shall convene a
meeting of the parties and use his or her best efforts to arrive at a
just resolution of the claim in order to avoid unnecessary litigation
costs. Such efforts shall not affect the right of the homeowner to
bring an action under this section at any time after the expiration of
the 30-day period referred to in this subsection.
    (c) Burden of Proof.--In any action under this section, the
homeowner shall have the burden of demonstrating that the activity
conducted by the defendant caused or contributed to a reduction in the
value of the homeowner's home.
    (d) Class Actions.--Similarly affected homeowners are authorized to
file suit under this section in accordance with rule 23 of the Federal
Rules of Civil Procedure in Federal district court in the district
where his or her home is located.
    (e) Remedy.--Any homeowner authorized to bring suit under this
section shall be entitled to recover an amount equal to the reduction
in the value of the homeowner's home caused or significantly
contributed to by the activity referred to in subsection (a), except
that such compensation may not exceed the median value (as determined
by the court) of all private homes in the immediate vicinity of the
homeowner's home.
    (f) Attorneys Fees.--Any homeowner who receives compensation under
this section shall be awarded reasonable attorney's fees, including the
cost of expert witnesses and other reasonable costs.
    (g) Injunction.--In addition to providing compensation under this
section, whenever any activity that is the subject of an action under
this section constitutes a violation of any Federal statute,
regulation, permit, license, contract, lease, or other arrangement or
form of approval, the court may enjoin such activity.
    (h) Jurisdiction.--The United States district court shall have
original jurisdiction, concurrent with State courts, of any action
brought under this section.
    (i) Frivolous or Otherwise Improper Lawsuits.--If the court
dismisses any action under this section after finding that the
plaintiff's case was frivolous, dilatory, abusive, or brought to harass
the defendant or for any other improper purpose, in addition to any
other sanction available to the court under the Federal Rules of Civil
Procedure, the court may, upon motion by the defendant, order the
plaintiff to pay the defendant's reasonable attorney's fees and other
expenses reasonably incurred by the defendant in participating in the
litigation.
    (j) Statute of Limitations.--No action may be brought under this
section with respect to any private home or homes after the date 5
years after the date on which the total reduction in the value of such
home or homes has reached $10,000.
    (k) Savings Provisions.--
            (1) Prohibition of limitation on other claims.--No
        provision of this Act shall be construed to limit the rights of
        any person to pursue any claim or cause of action under the
        Constitution or any other law (including a claim or cause of
        action concerning real or personal property).
            (2) Prohibition of use as condition precedent.--
        Commencement of a suit under this Act, or receipt of
        compensation under this Act, shall not be a condition precedent
        for any claim or cause of action under any other authority of
        law.

SEC. 5. EFFECTIVE DATE.

    This Act shall apply to each permit, license, or other form of
approval issued by an agency after the date 180 days after the
enactment of this Act and to each contract, lease, or other arrangement
entered into by an agency after the date 180 days after the enactment
of this Act.

SEC. 6. DEFINITIONS.

    As used in this Act:
            (1) Agency.--The term ``agency'' has the meaning given that
        term in section 551(1) of title 5, United States Code.
            (2) Potential to reduce the value.--An activity that
        generates pollutants or produces other adverse impacts shall be
        considered to have the potential to reduce the value of any
        private home whenever such activity may result in physical
        damage or any other unlawful or objectively unreasonable
        interference with the use and enjoyment of a private home.
            (3) Private home.--The term ``private home'' means any
        owner occupied dwelling, including any multi-family dwelling
        and any condominium.
            (4) Reduction in value.--For any private home affected by
        an activity referred to in section 4, the term ``reduction in
        value'' means the difference (estimated based on values at the
        time an action is brought under this section) between the fair
        market value of the home, and the fair market value of the home
        in the absence of such activity.
            (5) Person.--The term ``person'' means any individual,
        corporation, partnership, or other organization or entity other
        than a Federal, State, or local government agency.

Summary: Homeowners Empowerment and Protection Act of 1995 - Requires the Director of the Office of Management and Budget to establish uniform Federal agency procedures with respect to application and homeowner notice requirements for the conduct of activities that generate pollutants or other adverse impacts with the potential to reduce private home values. Directs each agency to: (1) require any person filing an application to conduct property impacting activity to provide affected homeowners with written notice, (2) provide a toll-free telephone number for homeowner response. And (3) investigate the proposed activity's impact on home values. Creates a homeowner right of action, including class action authority, for certain home value reductions.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Development Program
Implementation Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) title V of the Nuclear Non-Proliferation Act of 1978
        (22 U.S.C. 3261 et seq.) requires the United States to work
        with developing countries in assessing and finding ways to meet
        their energy needs through alternatives to nuclear energy that
        are consistent with economic factors, material resources, and
        environmental protection; and
            (2) in December 2008, the Commission on the Prevention of
        Weapons of Mass Destruction Proliferation and Terrorism noted
        that the Federal Government had failed to implement title V of
        that Act and recommended that the Federal Government implement
        title V of that Act to help reduce the risk of nuclear
        proliferation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and
                Governmental Affairs, the Committee on Foreign
                Relations, the Committee on Energy and Natural
                Resources, and the Committee on Appropriations of the
                Senate; and
                    (B) the Committee on Oversight and Government
                Reform, the Committee on Foreign Affairs, the Committee
                on Energy and Commerce, and the Committee on
                Appropriations of the House of Representatives.
            (2) Energy development program.--The term ``energy
        development program'' means the program established under title
        V of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3261
        et seq.).
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Energy, in cooperation with the Secretary of State and the
        Administrator of the United States Agency for International
        Development.

SEC. 4. ENERGY DEVELOPMENT PROGRAM IMPLEMENTATION.

    (a) Strategic and Implementation Plans.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Secretary shall develop--
                    (A) strategic plans for the energy development
                program consistent with title V of the Nuclear Non-
                Proliferation Act of 1978 (22 U.S.C. 3261 et seq.); and
                    (B) implementation plans for the energy development
                program consistent with title V of that Act.
            (2) Review of plans.--Not later than 180 days after the
        date of enactment of this Act, the Secretary shall submit the
        strategic and implementation plans to the appropriate
        congressional committees for review.
    (b) Implementation.--Not later than 180 days after the date on
which the plans are submitted to the appropriate congressional
committees for review under subsection (a), the Secretary shall
implement the plans.
    (c) Allowances, Privileges, and Other Benefits.--
            (1) In general.--A Federal employee serving in an exchange
        capacity in the energy development program shall be considered
        to be detailed.
            (2) Employing agency.--For the purpose of preserving
        allowance, privileges, rights, seniority, and other benefits
        with respect to the Federal employee, the employee shall be--
                    (A) considered an employee of the original
                employing agency; and
                    (B) entitled to the pay, allowances, and benefits
                from funds available to the original employing agency.
    (d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
fiscal year 2010 and each fiscal year thereafter.

SEC. 5. REPORTS.

    (a) Annual Report.--Not later than 1 year after the date of
implementation of the plans under section 4(b) and every year
thereafter, the Secretary shall report annually to the appropriate
congressional committees on the plans consistent with section 501 of
the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3261).
    (b) Report on the Alternative Energy Corps.--
            (1) Cooperative activities.--Not later than 1 year after
        the date of implementation of the plans under section 4(b), the
        Secretary shall report to the appropriate congressional
        committees on the feasibility of expanding the cooperative
        activities established pursuant to section 502(c) of the
        Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3262) into an
        international cooperative effort.
            (2) Requirements.--The report required under paragraph (1)
        shall include an analysis and description of--
                    (A) an Alternative Energy Corps that is designed to
                encourage large numbers of technically trained
                volunteers to live and work in developing countries for
                varying periods of time for the purpose of engaging in
                projects to aid in meeting the energy needs of those
                countries through--
                            (i) the search for and use of non-nuclear
                        indigenous energy resources; and
                            (ii) the application of suitable
                        technology, including the widespread use of
                        renewable and unconventional energy
                        technologies; and
                    (B) other mechanisms that are available to
                coordinate an international effort to develop,
                demonstrate, and encourage the use of suitable
                technologies in developing countries.

Summary: Directs the Secretary of Energy to develop and implement strategic plans for the energy development program consistent with title V of the Nuclear Nonproliferation Act of 1978. Requires the Secretary to report to Congress respecting: (1) such plans. And (2) expanding specified cooperative activities into an international cooperative effort which shall include an analysis of an Alternative Energy Corps to encourage technically trained volunteers to live and work in developing countries.

To implement title V of the Nuclear Non-Proliferation Act of 1978 and to promote economical and environmentally sustainable means of meeting the energy demands of developing countries, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on Homeland Security
Act''.

SEC. 2. ESTABLISHMENT.

    There is established the ``Commission on Homeland Security'' (in
this Act referred to as the ``Commission'').

SEC. 3. DUTY OF COMMISSION.

    The Commission shall study procedures to protect the security of
the United States, including, but not limited to--
            (1) the efficiency and effectiveness with which Federal
        departments and agencies perform their security missions;
            (2) the adequacy of Federal personnel resources to perform
        security missions;
            (3) the adequacy and effectiveness of Federal controls over
        financial and information systems;
            (4) the accuracy, reliability, and security of personal
        identification information and systems used by the Federal
        Government under existing law;
            (5) how effectively Federal departments and agencies are
        organized to perform security missions; and
            (6) the effectiveness of relationships among, and
        activities of, the Federal Government, the States, and
        municipalities to protect security.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 21
members appointed as follows:
            (1) Five members appointed by the President, one of whom
        shall be the Assistant to the President for Homeland Security.
            (2) Four members appointed by the Speaker of the House of
        Representatives.
            (3) Four members appointed by the minority leader of the
        House of Representatives.
            (4) Four members appointed by the majority leader of the
        Senate.
            (5) Four members appointed by the minority leader of the
        Senate.
    (b) Qualifications.--Members of the Commission shall include
individuals with expertise in information technology and security,
civil liberties issues, and law enforcement issues.
    (c) Deadline for Appointment.--Members shall be appointed not later
than 60 days after the date of the enactment of this Act.
    (d) Terms.--Each member shall be appointed for the life of the
Commission.
    (e) Pay.--Members shall serve without pay, but each member shall
receive travel expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of chapter 57
of title 5, United States Code.
    (f) Chairperson.--The Assistant to the President for Homeland
Security shall be the Chairperson of the Commission.

SEC. 5. EXECUTIVE DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND
              CONSULTANTS.

    (a) Executive Director.--The Commission shall have an Executive
Director who shall be appointed by the Commission. The Executive
Director shall be paid at the rate of basic pay for level IV of the
Executive Schedule.
    (b) Staff.--The Commission may appoint and fix the pay of
additional personnel as it considers appropriate.
    (c) Applicability of Certain Civil Service Laws.--The Executive
Director and staff of the Commission may be appointed without regard to
the provisions of title 5, United States Code, governing appointments
in the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
an individual so appointed may not receive pay in excess of the annual
rate of basic pay for GS-15 of the General Schedule.
    (d) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
    (e) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.

SEC. 6. HEARINGS AND SESSIONS.

    The Commission may, for the purpose of carrying out this Act, hold
hearings, sit and act at times and places, take testimony, and receive
evidence as the Commission considers appropriate. The Commission shall
hold a minimum of eight hearings, including hearings in California, New
York, Texas, Illinois, and Florida.

SEC. 7. ADDITIONAL POWERS OF COMMISSION.

    (a) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action that
the Commission is authorized to take by this section.
    (b) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall furnish that information to the Commission.
    (c) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
    (d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
    (e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
    (f) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas
        requiring the attendance and testimony of witnesses and the
        production of any evidence relating to any matter under
        investigation by the Commission. The attendance of witnesses
        and the production of evidence may be required from any place
        within the United States at any designated place of hearing
        within the United States.
            (2) Failure to obey a subpoena.--If a person refuses to
        obey a subpoena issued under paragraph (1), the Commission may
        apply to a United States district court for an order requiring
        that person to appear before the Commission to give testimony,
        produce evidence, or both, relating to the matter under
        investigation. The application may be made within the judicial
        district where the hearing is conducted or where that person is
        found, resides, or transacts business. Any failure to obey the
        order of the court may be punished by the court as civil
        contempt.
            (3) Service of subpoenas.--The subpoenas of the Commission
        shall be served in the manner provided for subpoenas issued by
        a United States district court under the Federal Rules of Civil
        Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which
        application is made under paragraph (2) may be served in the
        judicial district in which the person required to be served
        resides or may be found.
    (g) Immunity.--The Commission is an agency of the United States for
the purpose of part V of title 18, United States Code (relating to
immunity of witnesses). Except as provided in this subsection, a person
may not be excused from testifying or from producing evidence pursuant
to a subpoena on the ground that the testimony or evidence required by
the subpoena may tend to incriminate or subject that person to criminal
prosecution. A person, after having claimed the privilege against self-
incrimination, may not be criminally prosecuted by reason of any
transaction, matter, or thing which that person is compelled to testify
about or produce evidence relating to, except that the person may be
prosecuted for perjury committed during the testimony or made in the
evidence.

SEC. 8. REPORT.

    The Commission shall transmit a report to the President and
Congress not later than 14 months after the date of the enactment of
this Act containing a detailed statement of the findings and
conclusions of the Commission, together with recommendations for
legislation and administrative actions that the Commission considers
appropriate.

SEC. 9. TERMINATION.

    The Commission shall terminate 30 days after submitting its final
report pursuant to section 8.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be
necessary to carry out this Act.

Summary: Commission on Homeland Security Act - Establishes a Commission on Homeland Security to study procedures to protect the security of the United States, including: (1) the efficiency and effectiveness with which Federal departments and agencies perform their security missions. (2) the adequacy of Federal personnel resources to perform such missions. (3) the adequacy and effectiveness of Federal controls over financial and information systems. (4) the accuracy, reliability, and security of personal identification information and systems used by the Federal Government under existing law. (5) how effectively Federal departments and agencies are organized to perform security missions. And (6) the effectiveness of relationships among, and activities of, the Government, the States, and municipalities to protect security.

To establish the Commission on Homeland Security.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Academic Anesthesiology and
CRNA Payment Improvement Act of 2006''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since 1991, the Medicare program has reduced
        reimbursements for anesthesia services provided to Medicare
        beneficiaries by 50 percent in certain instances when education
        of student nurse anesthetists or anesthesiology medical
        residents is involved, imposing financial disincentives against
        anesthesia education. These Medicare payment policies are known
        as anesthesia teaching rules.
            (2) In 2002, the Centers for Medicare & Medicaid Services
        (CMS) authorized an alternative payment system for certain
        cases involving nurse anesthesia education and subsequently for
        anesthesiology resident education, in which the agency allowed
        reimbursement for base units plus discontinuous time. However,
        the alternative has not propagated in the marketplace and CMS
        has declined to reform the anesthesia teaching rules further
        without an Act of Congress.
            (3) To ensure the access of patients to safe, high quality
        anesthesia care, society has a strong interest in providing for
        high quality anesthesia educational institutions. The
        population of the United States is aging, resulting in an
        increase in demand for health care requiring anesthesia and
        pain management services provided by anesthesiologists and
        certified registered nurse anesthetists (CRNAs).
            (4) Though the Institute of Medicine in 2000 found the
        provision of anesthesia in such year to be 50 times safer than
        the provision of anesthesia during the 20 years previous to
        such year, continued evaluation, innovation, and quality
        improvements in anesthesia are required to further enhance
        patient safety.
            (5) As of August 2006, there are 130 anesthesiology
        residency programs and 102 programs accredited by the Council
        on Accreditation of Nurse Anesthesia Educational Programs in
        the United States. Under the current payment rules under the
        Medicare program, both anesthesiology residency and nurse
        anesthesia educational programs report challenges recruiting
        and retaining faculty.
            (6) Since part B under the Medicare program provides for
        reimbursement for the services of anesthesiologists and the
        services of CRNAs, reforms to the anesthesia teaching rules
        under the Medicare program should treat teaching
        anesthesiologists and teaching CRNAs similarly with respect to
        anesthesiology medical residents and student registered nurse
        anesthetists, respectively, and should not favor one provider
        over another.

SEC. 3. PURPOSE.

    The purpose of this Act is to ensure financial stability of nurse
anesthesia and anesthesiology educational programs to provide
sufficient opportunities for student nurse anesthetists and medical
residents to pursue the specialty of anesthesia so that patients
continue to have access to quality health care.

SEC. 4. SPECIAL PAYMENT RULE FOR TEACHING ANESTHESIOLOGISTS AND
              TEACHING CERTIFIED REGISTERED NURSE ANESTHETISTS.

    (a) For Physicians' Services.--Section 1848(a) of the Social
Security Act (42 U.S.C. 1395w-4(a)) is amended--
            (1) in paragraph (4)(A), by inserting ``except as provided
        in paragraph (5)(A)'' after ``anesthesia cases,''; and
            (2) by adding at the end of paragraph (4) the following new
        paragraph:
            ``(5) Special rule for teaching anesthesiologists.--
                    ``(A) In general.--With respect to physicians'
                services furnished by a teaching anesthesiologist
                involved in the training of physician residents or
                student nurse anesthetists in a single anesthesia case
                or two concurrent anesthesia cases, notwithstanding
                paragraph (4), the fee schedule amount to be applied
                for each such case shall be the amount described in
                subparagraph (B) if both of the following conditions
                are met:
                            ``(i) The teaching anesthesiologist is
                        present during all critical or key portions of
                        the anesthesia service or case involved.
                            ``(ii) At least one of the following
                        individuals is immediately available to furnish
                        anesthesia services during the entire case:
                                    ``(I) The teaching
                                anesthesiologist.
                                    ``(II) An anesthesiologist with
                                whom the teaching anesthesiologist has
                                entered into an arrangement for such
                                purpose.
                                    ``(III) In the case of the training
                                of student nurse anesthetists, a
                                certified registered nurse anesthetist
                                with whom the teaching anesthesiologist
                                has entered into an arrangement with
                                respect to such training.
                    ``(B) Amount described.--For purposes of
                subparagraph (A), the amount described in this
                subparagraph, with respect to anesthesia services
                furnished by a teaching anesthesiologist described in
                such subparagraph, is 100 percent of the fee schedule
                amount otherwise applicable under this section if the
                anesthesia services were personally performed by the
                teaching anesthesiologist alone.
                    ``(C) Clarification for anesthesiologists who
                medically direct teaching certified registered nurse
                anesthetists.--Subparagraph (A) shall not apply in the
                case of physician services furnished by an
                anesthesiologist who medically directs a certified
                registered nurse anesthetist who is involved in the
                training of student nurse anesthetists in a single
                anesthesia case or two concurrent anesthesia cases.''.
    (b) For Services of Certified Registered Nurse Anesthetists.--
Section 1833(l) of such Act (42 U.S.C. 1395l(l)) is amended--
            (1) in paragraph (4)(B)(iii)--
                    (A) by striking ``In the case of'' and inserting
                ``(I) Subject to clause (II), in the case of'';
                    (B) by striking ``1848(a)(5)(B)'' and inserting
                ``1848(a)(4)(B)''; and
                    (C) by adding at the end the following new
                subclause:
    ``(II) Subclause (I) shall apply to a certified registered nurse
anesthetist who is medically directed or medically supervised by a
physician notwithstanding whether or not such certified registered
nurse anesthetist is involved in the training of student nurse
anesthetists in a single case or two concurrent cases.''; and
            (2) by adding at the end the following new paragraph:
    ``(7)(A) With respect to services furnished by a teaching certified
registered nurse anesthetist who is not medically directed and who is
involved in the training of student nurse anesthetists in a single
anesthesia case or two concurrent anesthesia cases, the fee schedule
amount to be applied for each such case shall be the amount described
in subparagraph (B) if both of the following conditions are met:
            ``(i) The teaching certified registered nurse anesthetist
        is present during all critical or key portions of the
        anesthesia service or case involved.
            ``(ii) The teaching certified registered nurse anesthetist
        (or other certified registered nurse anesthetist or
        anesthesiologist with whom the teaching certified registered
        nurse anesthetist has entered into an arrangement) is
        immediately available to furnish anesthesia services during the
        entire case.
    ``(B) For purposes of subparagraph (A), the amount described in
this subparagraph, with respect to services furnished by a teaching
certified registered nurse anesthetist described in such subparagraph,
is 100 percent of the fee schedule amount otherwise applicable under
this subsection if the services were personally performed by the
teaching certified registered nurse anesthetist alone.''.
    (c) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2007.

Summary: Medicare Academic Anesthesiology and CRNA Payment Improvement Act of 2006 - Amends title XVIII (Medicare) part B of the Social Security Act to set forth a special payment rule for teaching anesthesiologists (TAs) and teaching certified registered nurse anesthetists (CRNAs). Requires payment of 100 of the fee schedule amount otherwise applicable for anesthesia services personally performed by the TA alone when the TA is training physician residents or student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the TA is present during all critical or key portions of the anesthesia service or case involved. And (2) either the TA or an anesthesiologist or a CRNA with whom the TA has made special arrangements is immediately available to furnish anesthesia services during the entire case. States that this special payment rule shall not apply in the case of physician services furnished by an anesthesiologist who medically directs a CRNA involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases. Applies to a CRNA medically directed or medically supervised by a physician in the performance of anesthesia services the current fee schedule amount of one-half of the amount for a physician's medical direction of the performance of such services, regardless of whether or not the CRNA is involved in the training of student nurse anesthetists in a single case or two concurrent cases. Requires payment, however, of 100 of the fee schedule amount otherwise applicable for anesthesia services personally performed by a teaching CRNA alone when the teaching CRNA is not medically directed but is involved in the training of student nurse anesthetists in a single anesthesia case or two concurrent anesthesia cases, if: (1) the teaching CRNA is present during all critical or key portions of the anesthesia service or case involved. And (2) the teaching CRNA is immediately available to furnish anesthesia services during the entire case.

To amend title XVIII of the Social Security Act to provide for improved payments under the Medicare Program for academic anesthesiology programs for resident physicians and for academic programs for student registered nurse anesthetists.


SECTION 1. INTELLECTUAL PROPERTY ASSEMBLY OF THE AMERICAS.

    (a) Establishment and Meetings.--Not to exceed 13 Members of
Congress shall be appointed to meet jointly and at least annually and
when Congress is not in session (except that this restriction shall not
apply to meetings held in the United States) with representative
parliamentary groups from other countries in the Americas for the
purposes of--
            (1) discussing common problems and interests in
        intellectual and industrial property; and
            (2) initiating and promoting such national and multilateral
        measures as may further common interests in intellectual and
        industrial property.
    (b) Appointment of United States Delegation.--For each meeting of
the Intellectual Property Assembly of the Americas, there shall be
appointed a United States Delegation, as follows:
            (1) In 1998 and every even-numbered year thereafter--
                    (A) 7 members shall be appointed by the Speaker of
                the House of Representatives from Members of the House
                of Representatives (3 of whom, including the
                Chairperson of the United States Delegation, shall be
                from the Committee on International Relations and 4 of
                whom shall be from the Committee on the Judiciary); and
                    (B) 6 members shall, upon recommendations of the
                majority and minority leaders of the Senate, be
                appointed by the President pro tempore of the Senate
                from Members of the Senate (2 of whom, including the
                Vice Chairperson of the United States Delegation, shall
                be from the Committee on Foreign Relations and 4 of
                whom shall be from the Committee on the Judiciary,
                unless the President pro tempore of the Senate, upon
                recommendations of the majority and minority leaders of
                the Senate, determines otherwise).
        Such appointments shall be for the period of each meeting of
        the Intellectual Property Assembly of the Americas.
            (2) In every odd-numbered year beginning in 1999--
                    (A) 7 members shall, upon recommendations of the
                majority and minority leaders of the Senate, be
                appointed by the President pro tempore of the Senate
                from Members of the Senate (3 of whom, including the
                Chairperson of the United States Delegation, shall be
                from the Committee on Foreign Relations and 4 of whom
                shall be from the Committee on the Judiciary, unless
                the President pro tempore of the Senate, upon
                recommendations of the majority and minority leaders of
                the Senate, determines otherwise); and
                    (B) 6 members shall be appointed by the Speaker of
                the House of Representatives from Members of the House
                of Representatives (2 of whom, including the Vice
                Chairperson of the United States Delegation, shall be
                from the Committee on the Judiciary).
        Such appointments shall be for the period of each meeting of
        the Intellectual Property Assembly of the Americas.
    (c) Administrative Support.--For the purpose of providing general
staff support, each United States Delegation shall have 2 secretaries
(1 of whom shall be appointed by the Chairperson of the Delegation and
1 of whom shall be appointed by the Vice Chairperson of the
Delegation).
    (d) Funding.--
            (1) United states participation.--There is authorized to be
        appropriated for each fiscal year the sum of $60,000 to assist
        in meeting the expenses of the United States Delegation. For
        each fiscal year for which an appropriation is made under this
        subsection, half of such appropriation may be disbursed on
        vouchers to be approved by the Chairperson and half of such
        appropriation may be disbursed on vouchers to be approved by
        the Vice Chairperson.
            (2) Availability of appropriations.--Amounts appropriated
        pursuant to this subsection are authorized to remain available
        until expended.
    (e) Annual Report.--The United States Delegation shall, for each
fiscal year for which an appropriation is made pursuant to this
section, submit to the Congress a report that includes its expenditures
under such appropriation. The certificate of the Chairperson and Vice
Chairperson of the United States Delegation shall be final and
conclusive upon the accounting officers in the auditing of the accounts
of the United States Delegation.
    (f) Funding for Expenses of Annual Meetings.--In addition to the
amounts authorized by subsection (d), there is authorized to be
appropriated the sum of $100,000 for fiscal year 1998 to meet the
expenses incurred by the United States Delegation in hosting the first
annual meeting of the Intellectual Property Assembly of the Americas.
Amounts appropriated under this subsection are authorized to remain
available until expended.

SEC. 2. REPORTS OF EXPENDITURES; CONFORMING AMENDMENT.

    Section 105(b) of the Legislative Branch Appropriations Act, 1961
(22 U.S.C. 276c-1), is amended by inserting ``the Intellectual Property
Assembly of the Americas,'' after ``the Mexico-United States
Interparliamentary Group,''.

Summary: Provides for appointment of a US Delegation to the Intellectual Property Assembly of the Americas, which shall meet annually with representative parliamentary groups from other countries in the Americas to: (1) discuss common problems and interests in intellectual and industrial property. And (2) promote national and multilateral measures that may further common interests in such property. Authorizes appropriations.

To establish the Intellectual Property Assembly of the Americas and to provide for participation in the Assembly by the United States Delegation.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Technology and Research Accelerating
National Security and Future Economic Resiliency Act of 2014'' or the
``TRANSFER Act''.

SEC. 2. INNOVATIVE APPROACHES TO TECHNOLOGY TRANSFER GRANT PROGRAM.

    Section 9(jj) of the Small Business Act (15 U.S.C. 638(jj)) is
amended to read as follows:
    ``(jj) Innovative Approaches to Technology Transfer.--
            ``(1) Grant program.--
                    ``(A) Definitions.--In this subsection--
                            ``(i) the term `covered agency' means a
                        Federal agency that is required to establish an
                        STTR program under subsection (n);
                            ``(ii) the term `eligible institution'
                        means--
                                    ``(I) an institution of higher
                                education;
                                    ``(II) a technology transfer
                                organization that facilitates the
                                commercialization of technologies
                                developed by 1 or more institutions of
                                higher education;
                                    ``(III) a Federal laboratory;
                                    ``(IV) a public or private
                                nonprofit entity; or
                                    ``(V) a consortium of any of the
                                entities described under subclause (I),
                                (II), (III), or (IV);
                            ``(iii) the term `Federal laboratory' has
                        the meaning given that term under section 4(6)
                        of the Stevenson-Wydler Technology Innovation
                        Act of 1980 (15 U.S.C. 3703(6));
                            ``(iv) the term `institution of higher
                        education' has the meaning given that term
                        under section 101(a) of the Higher Education
                        Act of 1965 (20 U.S.C. 1001(a)); and
                            ``(v) the term `program' means an
                        Innovative Approaches to Technology Transfer
                        Grant Program established by a covered agency
                        under subparagraph (B).
                    ``(B) Establishment of program.--The head of each
                covered agency shall establish a grant program, to be
                known as the Innovative Approaches to Technology
                Transfer Grant Program of the covered agency, to make
                grants to eligible institutions to improve or
                accelerate the commercialization of high quality and
                commercially viable federally funded research and
                technology by small business concerns.
                    ``(C) Use of funds.--Grants awarded under a program
                may be used to--
                            ``(i) provide early-stage proof of concept
                        funding for translational research;
                            ``(ii) identify research and technology
                        that have the potential for accelerated
                        commercialization;
                            ``(iii) support technology maturation
                        activities, including prototype construction,
                        experiment analysis, product comparison, and
                        the collection of performance data;
                            ``(iv) provide funding for technical
                        validations, market research, clarifying
                        intellectual property rights position and
                        strategy, and investigating commercial and
                        business opportunities;
                            ``(v) provide advice, mentoring,
                        entrepreneurial education, project management,
                        and technology and business development
                        expertise to innovators and recipients of
                        technology transfer licenses to maximize
                        commercialization potential; and
                            ``(vi) conduct outreach to small business
                        concerns as potential licensees of federally
                        funded research and technology to provide
                        technology transfer services to those small
                        business concerns.
                    ``(D) Application.--
                            ``(i) In general.--An eligible institution
                        desiring a grant under the program shall submit
                        an application to a covered agency at such
                        time, in such manner, and containing such
                        information as the covered agency may require.
                            ``(ii) Required information.--An
                        application submitted for a grant under the
                        program shall include--
                                    ``(I)(aa) a description of
                                innovative approaches to technology
                                transfer, technology development, and
                                commercial readiness that have the
                                potential to increase or accelerate
                                technology transfer outcomes and can be
                                adopted by other eligible institutions;
                                or
                                    ``(bb) a demonstration of, or a
                                plan to implement, proven technology
                                transfer and commercialization
                                strategies that can achieve greater
                                commercialization of federally funded
                                research and technology with a grant
                                under the program;
                                    ``(II) a description of how the
                                eligible institution will contribute to
                                local and regional economic development
                                efforts;
                                    ``(III) a plan for sustainability
                                after grant amounts have been expended;
                                and
                                    ``(IV) a plan to assemble an
                                oversight board in accordance with
                                subparagraph (F).
                    ``(E) Competitive basis.--A covered agency shall
                award grants to eligible institutions under the program
                of the covered agency on a competitive basis.
                    ``(F) Oversight board.--
                            ``(i) In general.--An eligible institution
                        that receives a grant under the program shall
                        assemble an oversight board to--
                                    ``(I) establish award programs for
                                individual projects, including an
                                application process;
                                    ``(II) provide rigorous evaluation
                                of project applications;
                                    ``(III) determine which projects
                                should receive awards from the eligible
                                institution;
                                    ``(IV) establish milestones and
                                associated award amounts for projects
                                that reach certain milestones;
                                    ``(V) determine whether a project
                                is reaching the established milestones;
                                and
                                    ``(VI) develop a process to
                                reallocate outstanding award amounts
                                from projects that are not reaching
                                milestones to other projects with more
                                potential to reach those milestones.
                            ``(ii) Membership and qualifications.--
                                    ``(I) In general.--An oversight
                                board assembled under clause (i) shall
                                be composed of members who shall have
                                demonstrated relevant technical,
                                scientific, or business expertise, of
                                whom three-fifths shall be drawn from
                                relevant industries, start-up
                                companies, venture capital or other
                                equity investment mechanisms, technical
                                enterprises, financial institutions,
                                and business development organizations
                                with a track record of success in
                                commercializing innovations.
                                    ``(II) Conflicts of interest.--An
                                oversight board assembled under clause
                                (i) shall adopt policies that--
                                            ``(aa) prohibit conflicts
                                        of interest among members of
                                        the oversight board;
                                            ``(bb) ensure that relevant
                                        relationships are disclosed;
                                        and
                                            ``(cc) establish proper
                                        recusal procedures in the event
                                        of a conflict of interest.
                            ``(iii) Use of existing oversight boards.--
                        An eligible institution may use oversight
                        boards in existence on the date of the
                        enactment of the Technology and Research
                        Accelerating National Security and Future
                        Economic Resiliency Act of 2014 that meet the
                        requirements of this subparagraph.
                    ``(G) Grant and award amounts.--
                            ``(i) Grant amounts.--The amount of a grant
                        made by a covered agency under the program of
                        the covered agency shall be not more than
                        $3,000,000.
                            ``(ii) Award amounts.--An eligible
                        institution that receives a grant under a
                        program shall make awards for individual
                        projects that support the activities of clauses
                        (i), (iii) and (iv) of subparagraph (C),
                        which--
                                    ``(I) shall not be more than
                                $100,000; and
                                    ``(II) shall be provided in phased
                                amounts, based on whether the project
                                is reaching the milestones established
                                by the oversight board of the eligible
                                institution.
                    ``(H) Authorized expenditures for the program.--
                            ``(i) Expenditure amounts.--The percentage
                        of the extramural budget for research, or
                        research and development, required to be
                        expended by a covered agency for the program of
                        the covered agency shall be--
                                    ``(I) 0.05 percent for fiscal year
                                2015; and
                                    ``(II) 0.1 percent for each of
                                fiscal years 2016 and 2017.
                            ``(ii) Treatment of expenditures.--Any
                        portion of the extramural budget expended by a
                        covered agency for the program of the covered
                        agency shall apply toward the STTR expenditure
                        requirements of the covered agency under
                        subsection (n).
            ``(2) Program evaluation and data collection and
        dissemination.--
                    ``(A) Evaluation plan and data collection.--
                            ``(i) In general.--Each covered agency
                        shall develop a program evaluation plan to
                        collect data to identify outcomes resulting
                        from the transfer of technology under the
                        program of the covered agency, including--
                                    ``(I) specific follow-on funding
                                identified or obtained, including
                                follow-on funding sources, such as
                                Federal sources or private sources, not
                                later than 3 years after the date on
                                which an eligible institution makes an
                                award for a project under the program;
                                    ``(II) the number of projects
                                which, not later than 5 years after
                                receiving an award from an eligible
                                institution under the program, result
                                in a license to a start-up company or
                                an established company with sufficient
                                resources for effective
                                commercialization;
                                    ``(III) the number of invention
                                disclosures received, United States
                                patent applications filed, and United
                                States patents issued not later than 5
                                years after the date on which an
                                eligible institution makes an award for
                                a project under the program;
                                    ``(IV) the number of projects
                                receiving an award from an eligible
                                institution under the program that
                                secure Phase I or Phase II SBIR or STTR
                                awards;
                                    ``(V) available information on
                                revenue, sales, or other measures of
                                products that have been commercialized
                                as a result of projects receiving an
                                award from an eligible institution
                                under the program not later than 5
                                years after the date on which the
                                eligible institution made the award;
                                    ``(VI) the number and location of
                                jobs created as a result of projects
                                receiving an award from an eligible
                                institution under the program; and
                                    ``(VII) any other data as the
                                covered agency may determine
                                appropriate.
                    ``(B) Evaluative report to congress.--Not later
                than September 30, 2018, the head of each covered
                agency shall submit to the Committee on Small Business
                and Entrepreneurship of the Senate and the Committee on
                Science, Space, and Technology and the Committee on
                Small Business of the House of Representatives a report
                evaluating the activities of the program of the covered
                agency, which shall include--
                            ``(i) a detailed description of the
                        implementation of the program;
                            ``(ii) a detailed description of selection
                        process used by the covered agency to award a
                        grant to an eligible institution under the
                        program;
                            ``(iii) an accounting of the funds used in
                        the program; and
                            ``(iv) a summary of the data collected
                        under subparagraph (A).
                    ``(C) Data dissemination.--For purposes of program
                transparency and the dissemination of best practices,
                the Administrator shall include on the public database
                under subsection (k)(1) information on the program of
                each covered agency, including--
                            ``(i) the program evaluation plan required
                        under subparagraph (A);
                            ``(ii) a list of recipients of awards made
                        by an eligible institution for projects under
                        the program by State; and
                            ``(iii) information on the use by
                        recipients of awards made by an eligible
                        institution for projects under the program.''.

Summary: Technology and Research Accelerating National Security and Future Economic Resiliency Act of 2013 or the TRANSFER Act of 2013 - Amends the Small Business Act to revise the requirement that the Director of the National Institutes of Health (NIH) use funds for a Proof of Concept Partnership pilot program to accelerate the creation of small businesses and the commercialization of research innovations made by certain institutions. Directs the head of each covered federal agency required to establish a small business technology transfer (STTR) program to establish an Innovative Approaches to Technology Transfer Grant Program to make grants to institutions of higher education, technology transfer organizations that facilitate the commercialization of technologies developed by one or more of the institutions, federal laboratories, public or private nonprofit entities, or a consortium of any of these entities in order to improve or accelerate the commercialization of high quality and commercially viable federally funded research and technology by small businesses. Outlines activities eligible for funding, application requirements, and award procedures and amounts. Requires grant recipients to assemble an oversight board to establish award programs for individual projects and evaluate project applications. Prescribes the percentage of each covered agency's extramural budget for research, or research development required to be expended on such Program for FY2015-FY2017. Directs each covered agency to develop a Program evaluation plan to collect data to identify outcomes resulting from the transfer of technology under its Program. Requires the Administrator of the Small Business Administration (SBA) to include information on each covered agency's Program on the public database of small businesses participating in STTR or Small Business Innovation Research programs.

TRANSFER Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Railroad Safety Improvement Act of
2005''.

SEC. 2. RAILWAY-ROAD GRADE CROSSINGS.

    (a) Elimination of Crossings.--
            (1) In general.--Section 20134 of title 49, United States
        Code, is amended--
                    (A) in subsection (a), by inserting ``and motorists
                at railroad grade crossings'' after ``rights of way'';
                    (B) by amending subsection (c) to read as follows:
    ``(c) Automated Video Image Analysis Pilot Program.--(1) The
Secretary of Transportation, in consultation with the National Highway
Traffic Safety Administration, shall establish a pilot program in the 5
States with the highest rates of collisions, injuries, and fatalities
at highway-rail grade crossings that uses automated video image
analysis technology to record violations by motorists at crossings
equipped with automatic warning devices.
    ``(2) There are authorized to be appropriated such sums as may be
necessary to carry out the program established under this paragraph
(1).''; and
                    (C) by adding at the end the following:
    ``(d) Plan to Eliminate Highway-Rail Grade Crossings.--(1) Not
later than 1 year after the date of enactment of this subsection, the
Secretary of Transportation, in consultation with appropriate
transportation officials of States and units of local government with
jurisdiction over highway-rail grade crossings, shall submit, to the
Committee on Commerce, Science, and Transportation of the Senate, the
Committee on Environment and Public Works of the Senate, and the
Committee on Transportation and Infrastructure of the House of
Representatives, a plan--
            ``(A) for annually eliminating highway-rail grade crossings
        in the United States that, as of the date of enactment of this
        subsection--
                    ``(i) are considered by the Secretary of
                Transportation to pose a safety threat; and
                    ``(ii) have insufficient or outdated protective
                equipment;
            ``(B) that includes guidelines for establishing new
        crossings, if necessary, through careful traffic, zoning, and
        land use planning; and
            ``(C) that includes an estimate of the cost to carry out
        subparagraph (A).
    ``(2) In determining the order for closing highway-rail grade
crossings under the plan developed under paragraph (1), the Secretary
shall give priority to crossings in States that are among the top 5
States in terms of--
            ``(A) the number of accidents at highway-rail grade
        crossings per mile of railroad tract;
            ``(B) the number of highway-rail grade crossings with
        insufficient or outdated protective equipment; or
            ``(C) the number of rail lines with a high volume of goods
        movement.
    ``(3) In developing the plan under paragraph (1), the Secretary
shall consider--
            ``(A) the feasibility of closing and improving a group of
        highway-rail grade crossings in a single community;
            ``(B) the impact of closure on access by emergency
        vehicles;
            ``(C) traffic delays;
            ``(D) public inconvenience; and
            ``(E) the willingness of units of local government to
        participate in the elimination or consolidation of highway-rail
        grade crossings.''.
            (2) Report.--Not later than 1 year after the date of
        enactment of this Act, the Secretary of Transportation shall
        update and reissue ``A Guide to Crossing Consolidation and
        Closure'', which was originally published in July 1994.
    (b) Grants to Improve the Safety of Railway-Highway Grade
Crossings.--Section 130 of title 23, United States Code, is amended--
            (1) in subsection (d)--
                    (A) by striking ``Each State'' and inserting the
                following:
            ``(1) In general.--Each State''; and
                    (B) by adding at the end the following:
            ``(2) Federal safety review.--Using information compiled by
        States under paragraph (1), the Secretary of Transportation
        shall conduct a comprehensive review of the safety of all
        public railway-highway grade crossings in the United States.
        The matters reviewed shall include security measures, safety
        conditions, past accidents, possible safety improvements, and
        any other factors that the Secretary considers relevant.
            ``(3) Priority list.--Based on the information collected
        from the review conducted under paragraph (2), the Secretary of
        Transportation shall compile, maintain, and submit to Congress
        a list of the 5,000 railway-highway grade crossings most in
        need of safety improvements, grouped based on relative need for
        such improvements.'';
            (2) in subsection (f)--
                    (A) by striking ``and 50'' and inserting ``25'';
                and
                    (B) by striking ``States.'' and inserting ``States,
                and 25 percent of such funds shall be apportioned to
                the States in the ratio that total highway and rail
                traffic through railway-highway crossings in each State
                bears to the total of such traffic in all States.'';
            (3) in subsection (i)(3)(B), by striking ``$7,500'' and
        inserting ``$15,000'';
            (4) by redesignating subsection (j) as subsection (k); and
            (5) by inserting after subsection (i) the following:
    ``(j) Railway-Highway Grade Crossing Safety Improvement Grants.--
            ``(1) Grants authorized.--The Secretary of Transportation
        may award grants to States to make necessary safety
        improvements to the railway-highway grade crossings identified
        under subsection (d)(3).
            ``(2) Prioritization.--In awarding grants under this
        subsection, the Secretary shall--
                    ``(A) give priority to projects to install
                automated warning systems at railway-highway grade
                crossings in States with the highest number of
                accidents at such crossings; and
                    ``(B) strive to reduce the number of railway-
                highway grade crossings without automated warning
                systems by not less than 50 percent.
            ``(3) Application.--Each State desiring a grant under this
        subsection shall submit an application to the Secretary at such
        time, in such manner, and accompanied by such information as
        the Secretary may reasonably require.
            ``(4) Matching requirement.--The Secretary may not award a
        grant to a State under this subsection unless that State agrees
        that, with respect to the costs to be incurred by the State in
        carrying out the program for which the grant was awarded, the
        State will make available non-Federal contributions in an
        amount equal to not less than $1 for every $9 of Federal
        financial assistance provided under the grant.''.
    (c) Funding.--Section 104(d) of title 23, United States Code, is
amended--
            (1) by amending the subsection header to read as follows:
        ``Funds Reserved for Improving Safety at Railway-Highway
        Crossings'';
            (2) by adding at the end the following:
            ``(3) Railway-road grade crossing safety improvements.--
        Before making an apportionment of funds under subsection (b)(3)
        for a fiscal year, the Secretary shall set aside $178,000,000
        of the funds made available for the surface transportation
        program for the fiscal year for grants under section 130(j).''.

SEC. 3. PENALTIES FOR VIOLATING CROSSING SIGNS, SIGNALS, OR GATES.

    (a) Prevention of Trespassing and Vandalism on Railroad Property.--
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall--
            (1) analyze Federal, State, and local laws for preventing
        and responding to trespassing and vandalism on railroad
        property; and
            (2) update model strategies to prevent such trespassing and
        vandalism.
    (b) Model Legislation.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation, after
consultation with States, units of local government, and railroad
carriers shall develop and make available model legislation providing
for civil and criminal penalties for individuals who violate grade
crossing signs, signals, or gates.

SEC. 4. OPERATION LIFESAVER FUNDING.

    Section 104(d)(1) of title 23, United States Code, is amended by
striking ``set aside'' and all that follows and inserting the
following: ``set aside, to carry out a public information and education
program to help prevent and reduce motor vehicle accidents, injuries,
and fatalities, and to improve driver performance at railway-road
crossings--
            ``(1) $1,250,000 for fiscal year 2006;
            ``(2) $1,300,000 for fiscal year 2007;
            ``(3) $1,350,000 for fiscal year 2008;
            ``(4) $1,400,000 for fiscal year 2009; and
            ``(5) $1,460,000 for fiscal year 2010.''.

SEC. 5. INSPECTIONS AND INVESTIGATIONS.

    (a) Annual Inspections.--Section 20107 of title 49, United States
Code, is amended by adding at the end the following:
    ``(c) Annual Inspections.--The Secretary of Transportation, acting
through the Administrator of the Federal Railroad Administration,
shall, physically inspect, on an annual basis, not less than 2 percent
of all highway-rail grade crossings in the 10 States with the highest
rates of collisions at such crossings during the 3-year period ending
on the date of enactment of this Act.''.
    (b) Accident Investigations.--Section 20902 of title 49, United
States Code, is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) Investigation of Fatal Accidents.--
            ``(1) In general.--The Secretary of Transportation, acting
        through the Administrator of the Federal Railroad
        Administration, shall conduct an investigation of--
                    ``(A) all fatal accidents in the United States
                during the 1-year period ending on the date of
                enactment of this subsection; and
                    ``(B) any fatal railroad accident occurring in the
                United States on or after the date of enactment of this
                subsection.
            ``(2) Report to congress.--Not later than 18 months after
        the date of enactment of this Act, and annually thereafter, the
        Secretary shall submit a report to Congress on the results of
        the investigations conducted under paragraph (1) during the 1-
        year period ending on the date of enactment of this Act and
        during each successive 1-year period.''.

SEC. 6. DEFINITION.

    As used in this Act, and the amendments made by this Act, the term
``highway'' has the meaning given the term in section 101 of title 23,
United States Code.

Summary: Railroad Safety Improvement Act of 2005 - Amends federal transportation law to direct the Secretary of Transportation to establish an automated video image analysis pilot program in states with the highest rates of accidents at highway-rail grade crossings to record motorist violations at crossings equipped with automatic warning devices. Requires the Secretary to submit to Congress a plan to eliminate highway-rail grade crossings, with priority given to crossings where the number of accidents are high or there is insufficient or outdated protective equipment. Directs the Secretary to: (1) review the safety of all public railway-highway grade crossings in the United States. And (2) compile and submit to Congress, based on such review, a list of the 5,000 railway-highway grade crossings most in need of safety improvements. Authorizes the Secretary to award grants to states to make necessary improvements to crossings identified for elimination and improvement. Requires the Secretary, in awarding such grants, to: (1) give priority to projects to install automated warning systems at crossings in states with the highest number of accidents. And (2) strive to reduce the number of crossings without automated warning systems by not less than 50. Directs the Secretary to: (1) analyze all laws for preventing trespassing and vandalism on railroad property. And (2) develop model legislation providing for civil and criminal penalties for individuals who violate grade crossing signs, signals, or gates. Requires the Secretary to inspect annually at least 2 of all highway-rail grade crossings in the 10 states with the highest rates of collisions at such crossings. Requires the Secretary to investigate, and report to Congress, all fatal accidents in the United States that occur on or after enactment of this Act.

A bill to eliminate unsafe railway-road grade crossings, to enhance railroad safety through new safety technology, safety inspections, accident investigations, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Overtime Reform and Review Act''.

SEC. 2. INCREMENTAL INCREASES TO SALARY THRESHOLD.

    (a) In General.--Section 13 of the Fair Labor Standards Act of 1938
(29 U.S.C. 213) is amended--
            (1) in subsection (a)(1), by inserting ``subsection (k)
        and'' after ``subject to''; and
            (2) by adding at the end the following:
    ``(k) Requirements for Salary Threshold.--
            ``(1) In general.--In promulgating regulations for purposes
        of defining and delimiting the terms defining employees exempt
        under subsection (a)(1), the Secretary shall require that any
        employee exempt under such subsection is compensated at a rate
        that is not less than the applicable salary threshold
        established under paragraph (2).
            ``(2) Incremental increases.--
                    ``(A) Initial threshold.--The Secretary shall
                establish an applicable salary threshold, beginning on
                December 1, 2016, that is a rate of compensation equal
                to $35,984 per year, or $692 per week.
                    ``(B) Subsequent increases.--Notwithstanding
                subparagraph (A) and subject to paragraph (3), the
                applicable salary threshold established under
                subparagraph (A) may be increased to a rate of
                compensation that is equal to--
                            ``(i) beginning on December 1, 2018,
                        $39,780 per year or $765 per week;
                            ``(ii) beginning on December 1, 2019,
                        $43,628 per year or $839 per week;
                            ``(iii) beginning on December 1, 2020,
                        $47,476 per year or $913 per week; and
                            ``(iv) beginning on December 1, 2021, any
                        rate of compensation provided by the Secretary
                        in accordance with paragraph (4) and subsection
                        (l).
            ``(3) Requirements for increases.--With respect to
        nonprofit organizations (including nonprofit institutions of
        higher education), Medicare or Medicaid dependent health care
        providers, and State and local governments, the increases
        provided in clauses (i), (ii), and (iii) of paragraph (2)(B)
        shall occur only if--
                    ``(A) the Comptroller General of the United States
                conducts and submits the study under section 3 of the
                Overtime Reform and Review Act in accordance with that
                section; and
                    ``(B) not later than June 1, 2018, the Comptroller
                General, in coordination with the Secretary and the
                Chief Counsel for Advocacy of the Small Business
                Administration, certifies that the increase in the
                salary threshold under paragraph (2)(A) from the salary
                threshold in effect prior to December 1, 2016, has
                not--
                            ``(i) resulted in an increased rate of
                        part-time employment; or
                            ``(ii) negatively impacted workplace
                        flexibility, benefit structures, career
                        advancement opportunity, or job growth.
            ``(4) Salary threshold after december 1, 2021.--Not prior
        to December 1, 2021, the Secretary may issue a rule through
        notice and comment rulemaking in accordance with section 553 of
        title 5, United States Code, to change the rate of compensation
        for the applicable salary threshold under paragraph (2).
            ``(5) Rule of construction.--Nothing in this subsection
        shall require the Secretary to promulgate the regulations
        described in this subsection in accordance with the formal
        rulemaking provisions of sections 556 and 557 of title 5,
        United States Code.''.
    (b) Definitions.--Section 3 of the Fair Labor Standards Act of 1938
(29 U.S.C. 203) is amended by adding at the end the following:
    ``(z) `Medicare or Medicaid dependent health care provider' means
an employer who derives more than 50 percent of its revenue from
payments under the Medicare program established under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.), a State plan under
the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et
seq.), or both.''.
    (c) Effective Date.--This section, and the amendments made by this
section, shall take effect on December 1, 2016.

SEC. 3. GAO STUDY.

    (a) In General.--Not later than March 1, 2018, the Comptroller
General of the United States shall conduct, and submit in accordance
with subsection (c), a study on the implementation of the salary
threshold provided under section 13(k)(2)(A) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213(k)(2)(A)).
    (b) Contents.--The study under this section shall include each of
the following:
            (1) The number of small entities affected by the increase
        in the salary threshold provided under section 13(k)(2)(A) of
        the Fair Labor Standards Act of 1938 compared to the salary
        threshold in effect prior to December 1, 2016.
            (2) An analysis of the impact of such increase based on
        regional, State, metropolitan, and nonmetropolitan salary data
        and cost-of-living differences.
            (3) The percentile of full-time salaried workers affected
        by such increase, including disaggregation by--
                    (A) State;
                    (B) industry subsector;
                    (C) small organizations;
                    (D) small government jurisdictions;
                    (E) nonprofit organizations;
                    (F) institutions of higher education as defined in
                section 101 of the Higher Education Act of 1965 (20
                U.S.C. 1001);
                    (G) Medicare or Medicaid dependent health care
                providers, as defined in section 3 of the Fair Labor
                Standards Act of 1938 (29 U.S.C. 203); and
                    (H) small businesses.
            (4) Management and human resource costs for all employers
        in implementing such increase.
            (5) The impact of the increase on lower-wage industries,
        including by geographic area.
            (6) All nonfinancial costs associated with the increase,
        including the impact on employment (including rates of
        unemployment and part-time employment), workplace flexibility,
        employee benefit structures, career advancement opportunity,
        new business formation and termination, and loss of market
        share to foreign competition.
            (7) The impact of the increase on the number of individuals
        in the United States who are ``marginally attached'' or
        ``discouraged'' as defined by the Bureau of Labor Statistics.
    (c) Submission.--The study under this section shall be submitted to
the Committee on Health, Education, Labor, and Pensions of the Senate,
the Committee on Education and the Workforce of the House of
Representatives, the Committee on Small Business and Entrepreneurship
of the Senate, and the Committee on Small Business of the House of
Representatives.

SEC. 4. ENFORCEMENT OF DEPARTMENT OF LABOR RULE.

    (a) In General.--Beginning on the date of enactment of this Act, or
December 1, 2016, whichever date is earlier--
            (1) the rule submitted by the Department of Labor entitled
        ``Defining and Delimiting the Exemptions for Executive,
        Administrative, Professional, Outside Sales and Computer
        Employees'' (81 Fed. Reg. 32391 (May 23, 2016)) shall cease to
        have any force or effect;
            (2) the Secretary of Labor shall not enforce such rule
        based on conduct occurring before or after such date;
            (3) an employee shall not have any right of action against
        an employer for the employer's failure to comply with such rule
        at any time prior to or after such date; and
            (4) any regulations that were amended by such rule shall be
        restored and revived as if such rule had never taken effect.
    (b) Clarification.--Notwithstanding subsection (a), nothing in this
Act shall be construed to create a right of action for an employer
against an employee for the recoupment of any payments made to the
employee prior to the date of enactment of this Act, or December 1,
2016, whichever date is earlier, that were in compliance with the rule
described in subsection (a)(1).

SEC. 5. FAIR LABOR STANDARDS ACT OF 1938 CLARIFICATION.

    (a) Sense of the Senate.--It is the sense of the Senate that
section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(a)(1)), including as in effect on the day before the date of
enactment of this Act--
            (1) requires the Secretary of Labor to issue a new rule
        through notice and comment rulemaking in accordance with
        section 553 of title 5, United States Code, for each specific
        and enumerated change to the salary threshold provided in
        regulations promulgated under such section 13(a)(1), proposed
        by the Secretary of Labor; and
            (2) prohibits any rule that would result in a change to the
        salary threshold for which a specific and enumerated rate of
        compensation for the salary threshold was not proposed,
        including any procedure that automatically updates the salary
        threshold.
    (b) FLSA Amendment.--Section 13 of the Fair Labor Standards Act of
1938 (29 U.S.C. 213), as amended by section 2, is further amended--
            (1) in subsection (a)(1), by inserting ``in accordance with
        subsection (l)'' after ``regulations of the Secretary''; and
            (2) by adding at the end the following:
    ``(l) Requirements for Updating the Salary Threshold.--
            ``(1) In general.--For any change to the salary threshold
        provided in regulations promulgated under subsection (a)(1),
        the Secretary shall--
                    ``(A) propose a specific and enumerated rate of
                compensation required for an employee to be exempt
                under such subsection; and
                    ``(B) issue a rule through notice and comment
                rulemaking in accordance with section 553 of title 5,
                United States Code.
            ``(2) Prohibition on automatic updates.--In accordance with
        paragraph (1), the Secretary may not issue any rule that would
        result in a change to the salary threshold provided in
        regulations promulgated under subsection (a)(1) based on any
        procedure that automatically updates the salary threshold
        without taking each action required under paragraph (1).''.

Summary: Overtime Reform and Review Act This bill amends the Fair Labor Standards Act of 1938 (FLSA) with respect to exemptions from minimum wage and maximum hour requirements for executive, administrative, professional and outside sales employees to increase over a five-year period the salary threshold for such exemptions, beginning on December 1, 2016, with a subsequent increase on December 1, 2018, and each December 1 through 2021. The Government Accountability Office shall conduct, and submit to Congress, a study of the implementation of the 2016 initial salary threshold. The rule submitted by the Department of Labor entitled quot. Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employeesquot. Shall cease to have any force or effect. This bill amends the FLSA, with respect to requirements for updating the salary threshold, to direct Labor, for any change to the salary threshold, to: (1) propose a specific and enumerated rate of compensation required for an employee to be exempt from minimum wage and maximum hour requirements, and (2) issue a rule through notice and comment rulemaking.

Overtime Reform and Review Act