SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Manhattan Project National
Historical Park Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Manhattan Project was an unprecedented top-secret
        program implemented during World War II to produce an atomic
        bomb before Nazi Germany;
            (2) a panel of experts convened by the President's Advisory
        Council on Historic Preservation in 2001--
                    (A) stated that ``the development and use of the
                atomic bomb during World War II has been called `the
                single most significant event of the 20th century''';
                and
                    (B) recommended that nationally significant sites
                associated with the Manhattan Project be formally
                established as a collective unit and be administered
                for preservation, commemoration, and public
                interpretation in cooperation with the National Park
                Service;
            (3) the Manhattan Project National Historical Park Study
        Act (Public Law 108-340; 118 Stat. 1362) directed the Secretary
        of the Interior, in consultation with the Secretary of Energy,
        to conduct a special resource study of the historically
        significant sites associated with the Manhattan Project to
        assess the national significance, suitability, and feasibility
        of designating one or more sites as a unit of the National Park
        System;
            (4) after significant public input, the National Park
        Service study found that ``including Manhattan Project-related
        sites in the national park system will expand and enhance the
        protection and preservation of such resources and provide for
        comprehensive interpretation and public understanding of this
        nationally significant story in the 20th century American
        history'';
            (5) the Department of the Interior, with the concurrence of
        the Department of Energy, recommended the establishment of a
        Manhattan Project National Historical Park comprised of
        resources at--
                    (A) Oak Ridge, Tennessee;
                    (B) Los Alamos, New Mexico; and
                    (C) Hanford, in the Tri-Cities area, Washington;
                and
            (6) designation of a Manhattan Project National Historical
        Park as a unit of the National Park System would improve the
        preservation of, interpretation of, and access to the
        nationally significant historic resources associated with the
        Manhattan Project for present and future generations to gain a
        better understanding of the Manhattan Project, including the
        significant, far-reaching, and complex legacy of the Manhattan
        Project.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to preserve and protect for the benefit of present and
        future generations the nationally significant historic
        resources associated with the Manhattan Project;
            (2) to improve public understanding of the Manhattan
        Project and the legacy of the Manhattan Project through
        interpretation of the historic resources associated with the
        Manhattan Project;
            (3) to enhance public access to the Historical Park
        consistent with protection of public safety, national security,
        and other aspects of the mission of the Department of Energy;
        and
            (4) to assist the Department of Energy, Historical Park
        communities, historical societies, and other interested
        organizations and individuals in efforts to preserve and
        protect the historically significant resources associated with
        the Manhattan Project.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Historical park.--The term ``Historical Park'' means
        the Manhattan Project National Historical Park established
        under section 5.
            (2) Manhattan project.--The term ``Manhattan Project''
        means the Federal program to develop an atomic bomb ending on
        December 31, 1946.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 5. ESTABLISHMENT OF MANHATTAN PROJECT NATIONAL HISTORICAL PARK.

    (a) Establishment.--
            (1) Date.--Not later than 1 year after the date of
        enactment of this Act, there shall be established as a unit of
        the National Park System the Manhattan Project National
        Historical Park.
            (2) Areas included.--The Historical Park shall consist of
        facilities and areas listed under subsection (b) as determined
        by the Secretary, in consultation with the Secretary of Energy.
        The Secretary shall include the area referred to in subsection
        (b)(3)(A), the B Reactor National Historic Landmark, in the
        Historical Park.
    (b) Eligible Areas.--The Historical Park may only be comprised of
one or more of the following areas, or portions of the areas, and
depicted in the map titled ___ and numbered ____:
            (1) Oak ridge, tennessee.--Facilities, land, or interests
        in land that are--
                    (A) at Buildings 9204-3 and 9731 at the Y-12
                National Security Complex;
                    (B) at the X-10 Graphite Reactor at the Oak Ridge
                National Laboratory;
                    (C) at the K-25 Building site at the East Tennessee
                Technology Park; and
                    (D) at the former Guest House located at 210 East
                Madison Road.
            (2) Los alamos, new mexico.--Facilities, land, or interests
        in land that are--
                    (A) in the Los Alamos Scientific Laboratory
                National Historic Landmark District, or any addition to
                the Landmark District proposed in the National Historic
                Landmark Nomination--Los Alamos Scientific Laboratory
                (LASL) NHL District (Working Draft of NHL Revision),
                Los Alamos National Laboratory document LA-UR 12-00387
                (January 26, 2012);
                    (B) at the former East Cafeteria located at 1670
                Nectar Street; and
                    (C) at the former dormitory located at 1725 17th
                Street.
            (3) Hanford, washington.--Facilities, land, or interests in
        land that are--
                    (A) the B Reactor National Historic Landmark;
                    (B) the Hanford High School in the town of Hanford
                and Hanford Construction Camp Historic District;
                    (C) the White Bluffs Bank building in the White
                Bluffs Historic District;
                    (D) the warehouse at the Bruggemann's Agricultural
                Complex;
                    (E) the Hanford Irrigation District Pump House; and
                    (F) the T Plant (221-T Process Building).
    (c) Written Consent of Owner.--No non-Federal property may be
included in the Historical Park without the written consent of the
owner.

SEC. 6. AGREEMENT.

    (a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary and the Secretary of Energy (acting through
the Oak Ridge, Los Alamos, and Richland site offices) shall enter into
an agreement governing the respective roles of the Secretary and the
Secretary of Energy in administering the facilities, land, or interests
in land under the administrative jurisdiction of the Department of
Energy that is to be included in the Historical Park under section
5(b), including provisions for enhanced public access, management,
interpretation, and historic preservation.
    (b) Responsibilities of the Secretary.--Any agreement under
subsection (a) shall provide that the Secretary shall--
            (1) have decisionmaking authority for the content of
        historic interpretation of the Manhattan Project for purposes
        of administering the Historical Park; and
            (2) ensure that the agreement provides an appropriate
        advisory role for the National Park Service in preserving the
        historic resources covered by the agreement.
    (c) Responsibilities of the Secretary of Energy.--Any agreement
under subsection (a) shall provide that the Secretary of Energy--
            (1) shall ensure that the agreement appropriately protects
        public safety, national security, and other aspects of the
        ongoing mission of the Department of Energy at the Oak Ridge
        Reservation, Los Alamos National Laboratory, and Hanford Site;
            (2) may consult with and provide historical information to
        the Secretary concerning the Manhattan Project;
            (3) shall retain responsibility, in accordance with
        applicable law, for any environmental remediation that may be
        necessary in or around the facilities, land, or interests in
        land governed by the agreement; and
            (4) shall retain authority and legal obligations for
        historic preservation and general maintenance, including to
        ensure safe access, in connection with the Department's
        Manhattan Project resources.
    (d) Amendments.--The agreement under subsection (a) may be amended,
including to add to the Historical Park facilities, land, or interests
in land within the eligible areas described in section 5(b) that are
under the jurisdiction of the Secretary of Energy.

SEC. 7. PUBLIC PARTICIPATION.

    (a) In General.--The Secretary shall consult with interested State,
county, and local officials, organizations, and interested members of
the public--
            (1) before executing any agreement under section 6; and
            (2) in the development of the general management plan under
        section 8(b).
    (b) Notice of Determination.--Not later than 30 days after the date
on which an agreement under section 6 is entered into, the Secretary
shall publish in the Federal Register notice of the establishment of
the Historical Park, including an official boundary map.
    (c) Availability of Map.--The official boundary map published under
subsection (b) shall be on file and available for public inspection in
the appropriate offices of the National Park Service. The map shall be
updated to reflect any additions to the Historical Park from eligible
areas described in section 5(b).
    (d) Additions.--Any land, interest in land, or facility within the
eligible areas described in section 5(b) that is acquired by the
Secretary or included in an amendment to the agreement under section
6(d) shall be added to the Historical Park.

SEC. 8. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the Historical Park
in accordance with--
            (1) this Act; and
            (2) the laws generally applicable to units of the National
        Park System, including--
                    (A) the National Park System Organic Act (16 U.S.C.
                1 et seq.); and
                    (B) the Act of August 21, 1935 (16 U.S.C. 461 et
                seq.).
    (b) General Management Plan.--Not later than 3 years after the date
on which funds are made available to carry out this section, the
Secretary, with the concurrence of the Secretary of Energy, and in
consultation and collaboration with the Oak Ridge, Los Alamos and
Richland Department of Energy site offices, shall complete a general
management plan for the Historical Park in accordance with section
12(b) of Public Law 91-383 (commonly known as the ``National Park
Service General Authorities Act'') (16 U.S.C. 1a-7(b)).
    (c) Interpretive Tours.--The Secretary may, subject to applicable
law, provide interpretive tours of historically significant Manhattan
Project sites and resources in the States of Tennessee, New Mexico, and
Washington that are located outside the boundary of the Historical
Park.
    (d) Land Acquisition.--
            (1) In general.--The Secretary may acquire land and
        interests in land within the eligible areas described in
        section 5(b) by--
                    (A) transfer of administrative jurisdiction from
                the Department of Energy by agreement between the
                Secretary and the Secretary of Energy;
                    (B) donation; or
                    (C) exchange.
            (2) No use of condemnation.--The Secretary may not acquire
        by condemnation any land or interest in land under this Act or
        for the purposes of this Act.
    (e) Donations; Cooperative Agreements.--
            (1) Federal facilities.--
                    (A) In general.--The Secretary may enter into one
                or more agreements with the head of a Federal agency to
                provide public access to, and management,
                interpretation, and historic preservation of,
                historically significant Manhattan Project resources
                under the jurisdiction or control of the Federal
                agency.
                    (B) Donations; cooperative agreements.--The
                Secretary may accept donations from, and enter into
                cooperative agreements with, State governments, units
                of local government, tribal governments, organizations,
                or individuals to further the purpose of an interagency
                agreement entered into under subparagraph (A) or to
                provide visitor services and administrative facilities
                within reasonable proximity to the Historical Park.
            (2) Technical assistance.--The Secretary may provide
        technical assistance to State, local, or tribal governments,
        organizations, or individuals for the management,
        interpretation, and historic preservation of historically
        significant Manhattan Project resources not included within the
        Historical Park.
            (3) Donations to department of energy.--For the purposes of
        this Act, or for the purpose of preserving and providing access
        to historically significant Manhattan Project resources, the
        Secretary of Energy may accept, hold, administer, and use
        gifts, bequests, and devises (including labor and services).

SEC. 9. CLARIFICATION.

    (a) No Buffer Zone Created.--Nothing in this Act, the establishment
of the Historical Park, or the management plan for the Historical Park
shall be construed to create buffer zones outside of the Historical
Park. That an activity can be seen and heard from within the Historical
Park shall not preclude the conduct of that activity or use outside the
Historical Park.
    (b) No Cause of Action.--Nothing in this Act shall constitute a
cause of action with respect to activities outside or adjacent to the
established boundary of the Historical Park.

Summary: Manhattan Project National Historical Park Act - Establishes the Manhattan Project National Historical Park as a unit of the National Park System, which may be composed of specified facilities, lands, or interests in land in one or more eligible areas or parts of such areas in Oak Ridge, Tennessee, Los Alamos, New Mexico. And Hanford, Washington. Requires inclusion of the B Reactor National Historic Landmark in Hanford. Directs the Secretary of the Interior and the Secretary of Energy (DOE) to enter into an agreement to govern their respective roles in administering the facilities, lands, or interests in land under DOE's jurisdiction to be included in the Park. Requires the Secretary under any such agreement to: (1) have decisionmaking authority for the content of the historic interpretation of the Manhattan Project for purposes of administering the Historical Park, and (2) ensure that the agreement provides for an appropriate advisory role for the National Park Service (NPS) in preserving the historic resources covered by the agreement. Requires the DOE Secretary under any such agreement to: (1) ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of DOE at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site, (2) retain responsibility for any necessary environmental remediation. And (3) retain authority and legal obligations for historic preservation and general maintenance. Requires the Secretary to consult with interested state, county, and local officials, and members of the public before executing any such agreement and in developing the general management plan. Requires the Secretary to develop a general management plan for the Park in consultation and collaboration with the Oak Ridge, Los Alamos, and Richland DOE site offices. Authorizes the Secretary to provide interpretive tours of historically significant Manhattan Project sites and resources that are located outside the boundary of the Park. Prohibits the acquisition by condemnation of any land or interest in land for the purposes of this Act. Authorizes the Secretary to: (1) enter into agreements with federal agencies to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under their control. And (2) accept donations from, and enter into cooperative agreements with, state governments, local governments, tribal governments, organizations, or individuals to further the purpose of such an interagency agreement, or to provide visitor services and administrative facilities within proximity to the Historical Park. Authorizes the Secretary to provide technical assistance to such governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included in the Historical Park. Prohibits anything in this Act, the establishment of the Historical Park, or the management plan for the Historical Park from being construed as creating buffer zones outside of the Park. Prohibits anything in this Act from constituting a cause of action respecting activities outside or adjacent to the established boundary of the Park.

To establish the Manhattan Project National Historical Park in Oak Ridge, Tennessee, Los Alamos, New Mexico, and Hanford, Washington, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Spring Mountain Exchange Act of
1998''.

SEC. 2. EXCHANGE OF LANDS AND MINERAL INTERESTS.

    (a) Conveyance by United States.--
            (1) In general.--Subject to subsections (b), (c), and (d)
        and notwithstanding any other provision of law, not later than
        90 days after the final determination of lands and interests
        subject to exchange under this section, the Secretary of the
        Interior shall convey to Rhodes Design and Development
        Corporation, subject to any valid existing rights and in
        exchange for lands and interests conveyed by the Corporation in
        accordance with subsection (b), all right, title, and interest
        of the United States in and to approximately 1,463 acres of
        Federal lands in the State of Nevada depicted on the map
        entitled ``Spring Mountain Land Exchange, Map 1 dated August
        ____, 1998''. The Secretary shall make that map available for
        public inspection in the offices of the Director of the Las
        Vegas District of the Bureau of Land Management.
            (2) Determination of lands and interests.--The Secretary
        shall determine the lands and interests that are subject to
        exchange under this section not later than 90 days after the
        date of the enactment of this Act.
    (b) Offer and Acceptance.--The Secretary shall make the conveyance
to the Corporation under subsection (a) only if the Corporation conveys
to the United States all right, title, and interest of the Corporation
in and to approximately 490 acres of lands in the State of Nevada
depicted on a map entitled ``Spring Mountain Land Exchange Map 2 dated
August ____, 1998''. The Secretary shall make that map available for
public inspection in the offices of the Director of the Las Vegas
District of the Bureau of Land Management.
    (c) Equalization Payments.--
            (1) In general.--If the fair market values of lands and
        interests exchanged under this section are not equal, the
        Secretary shall ensure that they are equalized by the payment
        of money to the Secretary or to the Corporation as appropriate
        in accordance with section 206(b) of the Federal Land Policy
        and Management Act of 1976 (43 U.S.C. 1716(b)).
            (2) Valuation.--The value of lands and interests shall be
        determined for purposes of this section--
                    (A) utilizing nationally recognized appraisal
                standards;
                    (B) in accordance with section 206 of the Federal
                Land Policy and Management Act of 1976 (43 U.S.C.
                1716(b)); and
                    (C) without regard to the presence of any species
                listed as threatened species or endangered species
                under the Endangered Species Act of 1973 (16 U.S.C.
                1531 et seq.).
    (d) Payments to State and Local Government.--
            (1) In general.--The Secretary shall require, as a term of
        any conveyance under this section, that the Corporation shall
        make direct payments to the State of Nevada and the Southern
        Nevada Water Authority in accordance with paragraph (2). Such
        payments shall be considered to be a cost incurred by the
        Corporation and shall be compensated by the Secretary.
            (2) Amount of payment.--
                    (A) Payment to state.--The amount paid by the
                Corporation to the State of Nevada shall be equal to 5
                percent of the fair market value of the Federal lands
                conveyed by the United States under this section (as
                determined under subsection (b)), and shall be used by
                the State only in the general education program of the
                State.
                    (B) Payment to authority.--The amount paid by the
                Corporation to the Southern Nevada Water Authority
                shall be equal to 10 percent of the fair market value
                of the Federal lands conveyed by the United States
                under this section (as determined under subsection
                (b)), and shall be used by the Authority only for water
                treatment and transmission facility infrastructure in
                Clark County, Nevada.
    (e) Adjustments to Maps.--The Secretary may make such minor
corrections in the maps referred to in this section as may be agreed
upon by the Secretary and the Corporation, after the Secretary notifies
the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives of any such
minor corrections.
    (f) Administration of Lands.--
            (1) Cancellation.--If, before the exchange has been carried
        out pursuant to subsections (a) and (b), the Corporation
        provides written notification to the Secretary that the
        Corporation no longer intends to complete the exchange, the
        status of the lands and interests otherwise subject to the
        exchange shall revert to the status of such lands and interests
        as of the day before the date of enactment of this Act, and the
        lands and interests shall be managed in accordance with
        applicable law and management plans.
            (2) Administration of lands acquired by the united
        states.--On acceptance of title by the United States, all land
        and interests acquired by the United States under this section
        that are located within the boundaries of a unit of the
        National Forest System, National Park System, National Wildlife
        Refuge System, National Wild and Scenic Rivers System, National
        Trails System, National Wilderness Preservation System, or any
        other system established by an Act of Congress, or within the
        boundaries of any national conservation area or national
        recreation area established by an Act of Congress--
                    (A) shall become part of the unit or area without
                further administrative or legislative action; and
                    (B) shall be managed in accordance with all laws,
                regulations, and land use plans applicable to the unit
                or area.
    (g) Definitions.--As used in this section:
            (1) Corporation.--The term ``Corporation'' means the Rhodes
        Design and Development Corporation (a corporation established
        under the laws of the State of Nevada).
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

Summary: Spring Mountain Exchange Act of 1998 - Requires the Secretary of the Interior to convey to Rhodes Design and Development Corporation certain Federal lands in Clark County, Nevada, in exchange for: (1) certain Corporation lands in Nevada. And (2) specified payments by the Corporation to the State of Nevada for use in its general education program and to the Southern Nevada Water Authority for water treatment and transmission facility infrastructure. Provides that such payments shall be considered to be a cost incurred by the Corporation and shall be compensated by the Secretary.

Spring Mountain Exchange Act of 1998


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prescription Drug Monitoring Act of
2016''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Controlled substance.--The term ``controlled
        substance'' has the meaning given the term in section 102 of
        the Controlled Substances Act (21 U.S.C. 802).
            (2) Covered state.--The term ``covered State'' means a
        State that receives funding under the Harold Rogers
        Prescription Drug Monitoring Program established under the
        Departments of Commerce, Justice, and State, the Judiciary, and
        Related Agencies Appropriations Act, 2002 (Public Law 107-77;
        115 Stat. 748) or the controlled substance monitoring program
        under section 399O of the Public Health Service Act (42 U.S.C.
        280g-3).
            (3) Dispenser.--The term ``dispenser''--
                    (A) means person licensed or otherwise authorized
                by a State to deliver a prescription drug product to a
                patient or an agent of the patient; and
                    (B) does not include a person involved in oversight
                or payment for prescription drugs.
            (4) PDMP.--The term ``PDMP'' means a prescription drug
        monitoring program.
            (5) Practitioner.--The term ``practitioner'' means a
        practitioner registered under section 303(f) of the Controlled
        Substances Act (21 U.S.C. 823(f)) to prescribe, administer, or
        dispense controlled substances.
            (6) State.--The term ``State'' means each of the several
        States and the District of Columbia.

SEC. 3. PRESCRIPTION DRUG MONITORING PROGRAM REQUIREMENTS.

    (a) In General.--Beginning 2 years after the date of enactment of
this Act, each covered State shall require--
            (1) each prescribing practitioner within the covered State
        or their designee, who shall be licensed or registered
        healthcare professionals or other employees who report directly
        to the practitioner, to consult the PDMP of the covered State
        before initiating treatment with a prescription for a
        controlled substance listed in schedule II, III, or IV of
        section 202(c) of the Controlled Substances Act (21 U.S.C.
        812(c)), and every 3 months thereafter as long as the treatment
        continues;
            (2) the PDMP of the covered State to provide proactive
        notification to a practitioner when patterns indicative of
        controlled substance misuse, including opioid misuse, are
        detected;
            (3) each dispenser within the covered State to report each
        prescription for a controlled substance dispensed by the
        dispenser to the PDMP not later than 24 hours after the
        controlled substance is dispensed to the patient; and
            (4) that the PDMP make available a quarterly de-identified
        data set and an annual report for public and private use, which
        shall, at a minimum, meet requirements established by the
        Attorney General, in coordination with the Secretary of Health
        and Human Services.
    (b) Noncompliance.--If a covered State fails to comply with
subsection (a), the Attorney General or the Secretary of Health and
Human Services, as appropriate, may withhold grant funds from being
awarded to the covered State under the Harold Rogers Prescription Drug
Monitoring Program established under the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2002 (Public Law 107-77; 115 Stat. 748) or the controlled
substance monitoring program under section 399O of the Public Health
Service Act (42 U.S.C. 280g-3).

SEC. 4. SHARING PDMP INFORMATION AMONG STATES.

    (a) Requirement.--Beginning 2 years after the date of enactment of
this Act, each covered State shall make the data contained in the PDMP
of the covered State available to other States through the data-sharing
single technology solution established under subsection (b).
    (b) Data-Sharing Single Technology Solution.--
            (1) In general.--The Attorney General, in coordination with
        the Secretary of Health and Human Services, shall award, on a
        competitive basis, a grant to an eligible entity to establish
        and maintain an inter-State data-sharing single hub to
        facilitate the sharing of PDMP data among States and the
        accessing of such data by practitioners.
            (2) Requirements.--The data-sharing single hub established
        under paragraph (1)--
                    (A) shall--
                            (i) allow States to retain ownership of the
                        data submitted by the States;
                            (ii) provide a source of de-identified data
                        that can be used for statistical, research, or
                        educational purposes;
                            (iii) allow State authorized users to
                        access data from a PDMP of a covered State
                        without requiring a user fee; and
                            (iv) conform with the standards of the
                        Prescription Monitoring Information Exchange;
                        and
                    (B) may not--
                            (i) distribute, in whole or in part, any
                        PDMP data without the express written consent
                        of the PDMP State authority; and
                            (ii) limit, in whole or in part,
                        distribution of PDMP data as approved by the
                        PDMP State authority.
            (3) Authorization of appropriations.--There are authorized
        to be appropriated to the Attorney General $2,000,000 for
        fiscal years 2017 through 2020 to carry out this subsection.

Summary: Prescription Drug Monitoring Act of 2016 This bill requires a state that receives grant funds under the prescription drug monitoring program (PDMP) or the controlled substance monitoring program to comply with specified requirements. The Department of Justice (DOJ) or Department of Health and Human Services may withhold grant funds from a state that fails to comply. Additionally, the bill requires a state to share its PDMP data with other states through a data-sharing hub established by DOJ.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Significant Regulation Oversight Act
of 1996''.

SEC. 2. FINDING AND PURPOSE.

    (a) Finding.--The Congress finds that oversight of significant
rules will be enhanced if they are subject to congressional review and
approval after being proposed by an agency.
    (b) Purpose.--The purpose of this Act is to ensure that before a
significant rule takes affect--
            (1) Congress is given an adequate opportunity to review the
        rule and ensure that it is in accordance with the intent of
        Congress in enacting the law under which the rule is proposed;
        and
            (2) Congress approves the rule in accordance with the
        procedures established by this Act.

SEC. 3. REVIEW OF SIGNIFICANT RULES BY CONGRESS.

    (a) Congressional Approval of Significant Rules Required.--A
significant rule shall not take effect before the date of the enactment
of a joint resolution described in section 4(a) comprised solely of the
text of the significant rule.
    (b) Reporting and Review of Significant Rules.--(1) Before a
proposed significant rule would take effect as a final rule, the agency
proposing the rule shall submit to each House of Congress a report
containing the following:
            (A) A copy of the proposed significant rule.
            (B) A concise summary of the proposed significant rule, its
        purpose, and anticipated effects.
            (C) A complete copy of any cost-benefit analysis report
        that has been prepared by the agency with respect to the
        proposed significant rule.
            (D) An explanation of the specific statutory interpretation
        under which a rule is proposed, including an explanation of--
                    (i) whether the interpretation is expressly
                required by the text of the statute; or
                    (ii) if the interpretation is not expressly
                required by the text of the statute, an explanation
                that the interpretation is within the range of
                permissible interpretations of the statute as
                identified by the agency, and an explanation why the
                interpretation selected by the agency is the agency's
                preferred interpretation.
            (E) Any other relevant information or requirements under
        any other Act and any relevant Executive order.
    (2) Upon receipt of a report under paragraph (1), each House of
Congress shall provide a copy of the report to the Chairman and ranking
minority party member of each committee with jurisdiction over the
subject matter of the report.
    (c) No Inference To Be Drawn Where Congress Fails To Approve.--If
Congress fails to enact a joint resolution approving a proposed
significant rule, no court or agency may infer any intent of Congress
from any action or inaction of Congress with regard to such rule or
related statute.

SEC. 4. CONGRESSIONAL APPROVAL PROCEDURE FOR SIGNIFICANT RULES.

    (a) Introduction.--Not later than 3 legislative days after the date
on which an agency submits a report under section 3(b) containing the
text of any proposed significant rule, the majority leader of each
House of the Congress shall introduce (by request) a joint resolution
comprised solely of the text of that significant rule. If the joint
resolution is not introduced in either House as provided in the
preceding sentence, then any Member of that House may introduce the
joint resolution.
    (b) Referral and Consideration.--(1) The joint resolution shall be
referred to the appropriate committee of the House in which it is
introduced. The committee may report the joint resolution without
substantive revision and with or without recommendation or with an
adverse recommendation, or the committee may vote not to report the
joint resolution. If the committee votes to order the joint resolution
reported, it shall be reported not later than the end of the period
(not to exceed 45 legislative days) established for consideration of
the joint resolution by the Speaker of the House of Representatives or
the majority leader of the Senate, as the case may be. Except in the
case of a joint resolution which a committee votes not to report, a
committee failing to report a joint resolution within such period shall
be automatically discharged from consideration of the joint resolution,
and it shall be placed on the appropriate calendar.
    (2) A vote on final passage of the joint resolution shall be taken
in that House on or before the close of the 90th legislative day after
the date of the introduction of the joint resolution in that House.
    (3)(A) A motion in the House of Representatives to proceed to the
consideration of a joint resolution under this section shall be highly
privileged and not debatable. An amendment to the motion shall not be
in order, nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
    (B) Debate in the House of Representatives on a joint resolution
under this section shall be limited to not more than 4 hours, which
shall be divided equally between those favoring and those opposing the
joint resolution. A motion further to limit debate shall not be
debatable. It shall not be in order to move to recommit a joint
resolution under this section or to move to reconsider the vote by
which the joint resolution is agreed to or disagreed to.
    (C) All appeals from the decisions of the chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a joint resolution under this section shall be
decided without debate.
    (D) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of a joint resolution
under this section shall be governed by the Rules of the House of
Representatives applicable to other joint resolutions in similar
circumstances.
    (4)(A) A motion in the Senate to proceed to the consideration of a
joint resolution under this section shall be privileged and not
debatable. An amendment to the motion shall not be in order, nor shall
it be in order to move to reconsider the vote by which the motion is
agreed to or disagreed to.
    (B) Debate in the Senate on a joint resolution under this section,
and all debatable motions and appeals in connection therewith, shall be
limited to not more than 10 hours. The time shall be equally divided
between, and controlled by, the majority leader and the minority leader
or their designees.
    (C) Debate in the Senate on any debatable motion or appeal in
connection with a joint resolution under this section shall be limited
to not more than 1 hour, to be equally divided between, and controlled
by, the mover and the manager of the joint resolution, except that in
the event the manager of the joint resolution is in favor of any such
motion or appeal, the time in opposition thereto, shall be controlled
by the minority leader or his designee. Such leaders, or either of
them, may, from time under their control on the passage of a joint
resolution, allot additional time to any Senator during the
consideration of any debatable motion or appeal.
    (D) A motion in the Senate to further limit debate on a joint
resolution under this section is not debatable. A motion to recommit a
joint resolution under this section is not in order.
    (c) Amendments Prohibited.--No amendment to a joint resolution
considered under this section shall be in order in either the House of
Representatives or the Senate. No motion to suspend the application of
this subsection shall be in order in either House, nor shall it be in
order in either House for the presiding officer to entertain a request
to suspend the application of this subsection by unanimous consent.
    (d) Treatment if the Other House Has Acted.--If, before the passage
by one House of a joint resolution of that House described in
subsection (a), that House receives from the other House a joint
resolution described in subsection (a) comprised of the same text,
then:
            (1) The procedure in that House shall be the same as if no
        joint resolution had been received from the other House.
            (2) The vote on final passage shall be on the joint
        resolution of the other House.
    (e) Constitutional Authority.--This section is enacted by
Congress--
            (1) as an exercise of the rulemaking power of the Senate
        and the House of Representatives, respectively, and as such it
        is deemed a part of the rules of each House, respectively, but
        applicable only with respect to the procedure to be followed in
        that House in the case of a joint resolution described in
        subsection (a), and it supersedes other rules only to the
        extent that it is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of
        either House to change the rules (so far as relating to the
        procedure of that House) at any time, in the same manner, and
        to the same extent as in the case of any other rule of that
        House.

SEC. 5. EXISTING RULES.

    (a) General.--Any existing rule may be revised or revoked in
accordance with this section if a petition for review so requests.
    (b) Introduction.--If a petition for review is filed with the Clerk
of the House of Representatives or the Secretary of the Senate, the
Clerk or the Secretary shall determine whether the petition meets the
requirements of subsection (d). If the Clerk or the Secretary
determines that a petition meets those requirements, he or she shall
notify the majority leader of that House. The majority leader so
notified shall, within 3 legislative days, introduce a joint resolution
(by request) that makes the revision or revocation of existing rules
proposed by the petition upon the enactment of that joint resolution.
If the joint resolution is not introduced as provided in the preceding
sentence, then any Member of that House may introduce the joint
resolution.
    (c) Procedures for Consideration in the House of Representatives
and the Senate.--Any joint resolution introduced under subsection (b)
shall be considered in the House of Representatives and the Senate in
accordance with the procedures respecting a joint resolution set forth
in section 4.
    (d) Petitions for Review.--A petition for review under subsection
(a) shall contain the following:
            (1) Any rule affected by the petition and the contents of
        that rule as it would exist if a joint resolution revising or
        revoking that rule pursuant to the petition were enacted.
            (2) For a petition in the Senate, the signatures of 30
        Senators, or for a petition in the House of Representatives,
        the signatures of 120 Members.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) Agency.--The term ``agency'' has the meaning given that
        term in section 551 of title 5, United States Code (relating to
        administrative procedure).
            (2) Rule.--(A) The term ``rule'' has the meaning given such
        term by section 551 of title 5, United States Code, except that
        such term does not include--
                    (i) any rule of particular applicability including
                a rule that approves or prescribes--
                            (I) future rates, wages, prices, services,
                        or allowances therefor,
                            (II) corporate or financial structures,
                        reorganizations, mergers, or acquisitions
                        thereof, or
                            (III) accounting practices or disclosures
                        bearing on any of the foregoing, or
                    (ii) any rule of agency organization, personnel,
                procedure, practice, or any routine matter.
            (B) The term ``final rule'' means any final rule or interim
        final rule.
            (3) Significant rule.--The term ``significant rule'' means
        any rule proposed by an agency that is specified or described
        as such in the Act that authorizes the rule.

SEC. 7. EXEMPTION FOR MONETARY POLICY.

    Nothing in this Act applies to any rule concerning monetary policy
proposed or implemented by the Board of Governors of the Federal
Reserve System or the Federal Open Market Committee.

Summary: Significant Regulation Oversight Act of 1996 - Prohibits a significant rule from taking effect before the enactment of a joint resolution comprised solely of the text of such rule. Provides that, before a proposed significant rule takes effect as a final rule, the agency proposing the rule shall submit to each House of Congress a report containing a copy of the rule, a concise summary of its purpose and anticipated effects, any cost-benefit analysis prepared for the rule, the specific statutory interpretation under which the rule is proposed, and any other relevant information or executive order. Bars a court or agency from inferring any intent of the Congress with regard to such a rule or a related statute if it fails to enact a joint resolution approving a proposed significant rule. Provides for the revision or revocation of an existing rule upon enactment of a joint resolution introduced pursuant to a petition for review signed by 30 Members in the Senate or 120 Representatives in the House and containing the rule affected and the rule as it would exist if the joint resolution were enacted. Sets forth congressional procedures for the introduction, referral, and consideration of such joint resolutions for the approval of significant proposed rules or the review of existing rules. Exempts from this Act any rule concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.


SECTION 1. STUDY AND REPORT ON FILING REQUIREMENTS UNDER UNIVERSAL
              SERVICE FUND PROGRAMS.

    (a) Definitions.--In this section--
            (1) the term ``Administrative Procedure Act'' means
        subchapter II of chapter 5 of title 5, United States Code;
            (2) the term ``Commission'' means the Federal
        Communications Commission;
            (3) the term ``covered carrier'' means an eligible
        telecommunications carrier or service provider that receives
        universal service support under sections 214(e) and 254 of the
        Communications Act of 1934 (47 U.S.C. 214(e) and 254) for the
        provision of service under a Universal Service Fund program;
        and
            (4) the term ``Universal Service Fund program'' means each
        program of the Commission set forth under part 54 of title 47,
        Code of Federal Regulations, or any successor thereto,
        including--
                    (A) the Connect America Fund set forth under
                subpart D of that part;
                    (B) the Lifeline program set forth under subpart E
                of that part;
                    (C) the E-Rate program set forth under subpart F of
                that part;
                    (D) the Rural Health Care program set forth under
                subpart G of that part;
                    (E) the Remote Areas Fund set forth under subpart J
                of that part;
                    (F) the Connect America Fund Broadband Loop Support
                program set forth under subpart K of that part;
                    (G) the Mobility Fund set forth under subpart L of
                that part; and
                    (H) the High Cost Loop Support for Rate-of-Return
                Carriers program set forth under subpart M of that
                part.
    (b) Study and Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a study and submit to the Commission, the Committee on
Commerce, Science, and Transportation of the Senate, and the Committee
on Energy and Commerce of the House of Representatives a report, which
shall include--
            (1) an analysis of the filing requirements for covered
        carriers participating in a Universal Service Fund program,
        including any filings required by the Universal Service
        Administrative Company;
            (2) an analysis of the financial impact of those filing
        requirements on covered carriers participating in a Universal
        Service Fund program; and
            (3) recommendations, if any, on how to consolidate
        redundant filing requirements for covered carriers
        participating in a Universal Service Fund program.
    (c) Rulemaking.--
            (1) New or ongoing rulemaking.--Except as provided in
        paragraph (3), not later than 60 days after the date on which
        the report is submitted under subsection (b), the Commission
        shall--
                    (A)(i) initiate a rulemaking to consolidate
                redundant filing requirements for covered carriers
                participating in a Universal Service Fund program; and
                    (ii) incorporate into the rulemaking under clause
                (i), and as part of that rulemaking seek comment on,
                the recommendations described in subsection (b)(3), if
                any, except to the extent that doing so would violate
                the requirements of the Administrative Procedure Act;
                or
                    (B) incorporate into an ongoing rulemaking relating
                to consolidating redundant filing requirements of the
                Commission, and as part of that rulemaking seek comment
                on, the recommendations described in subsection (b)(3),
                if any, except to the extent that doing so would
                violate the requirements of the Administrative
                Procedure Act.
            (2) Waste, fraud, and abuse.--In a rulemaking in which the
        Commission is required under paragraph (1) to seek comment on
        the recommendations described in subsection (b)(3), if any, the
        Commission shall also seek comment on and consider whether the
        benefit of each recommendation is outweighed by any potential
        increased risk of waste, fraud, and abuse in the Universal
        Service Fund program affected by the recommendation.
            (3) Previous rulemaking.--Paragraph (1) shall not apply if,
        on or before the date on which the report is submitted under
        subsection (b), the Commission completes a rulemaking to
        consolidate redundant filing requirements for covered carriers
        participating in a Universal Service Fund program.

            Passed the Senate January 10, 2018.

            Attest:

                                                JULIE E. ADAMS,

                                                             Secretary.

Summary: This bill requires the Government Accountability Office (GAO) to report to the Federal Communications Commission (FCC) and Congress on the filing requirements for telecommunications carriers or service providers that receive Universal Service Fund support under the Communications Act of 1934 to provide service to qualifying low-income consumers, rural or high-cost areas, rural health care providers, schools, or libraries under the Connect America Fund, Lifeline, E-Rate, Rural Health Care, Remote Areas Fund, Connect America Fund Broadband Loop Support, Mobility Fund, and High Cost Loop Support for Rate-of-Return Carriersnbsp. Programs. The report must analyze the financial impact of those filing requirements and provide any recommendations on how to consolidate redundant filing requirements. After receiving the GAO's report, the FCC must initiate a rulemaking to consolidate redundant filing requirements and incorporate any GAO recommendations that would not violate the Administrative Procedure Act into such rulemaking or any ongoing rulemakings.

A bill to require the Comptroller General of the United States to conduct a study and submit a report on filing requirements under the Universal Service Fund programs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Older Workers' Rights Restoration
Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since 1974, the Age Discrimination in Employment Act of
        1967 (29 U.S.C. 621 et seq.) has prohibited States from
        discriminating in employment on the basis of age. In EEOC v.
        Wyoming, 460 U.S. 226 (1983), the Supreme Court upheld
        Congress' constitutional authority to prohibit States from
        discriminating in employment on the basis of age. The
        prohibitions of the Age Discrimination in Employment Act of
        1967 remain in effect and continue to apply to the States, as
        the prohibitions have for more than 25 years.
            (2) Age discrimination in employment remains a serious
        problem both nationally and among State agencies, and has
        invidious effects on its victims, the labor force, and the
        economy as a whole. For example, age discrimination in
        employment--
                    (A) increases the risk of unemployment among older
                workers, who will as a result be more likely to be
                dependent on government resources;
                    (B) prevents the best use of available labor
                resources;
                    (C) adversely effects the morale and productivity
                of older workers; and
                    (D) perpetuates unwarranted stereotypes about the
                abilities of older workers.
            (3) Private civil suits by the victims of employment
        discrimination have been a crucial tool for enforcement of the
        Age Discrimination in Employment Act of 1967 since the
        enactment of that Act. In Kimel v. Florida Board of Regents,
        120 S. Ct. 631 (2000), however, the Supreme Court held that
        Congress lacks the power under the 14th amendment to the
        Constitution to abrogate State sovereign immunity to suits by
        individuals under the Age Discrimination in Employment Act of
        1967. The Federal Government has an important interest in
        ensuring that Federal financial assistance is not used to
        subsidize or facilitate violations of the Age Discrimination in
        Employment Act of 1967. Private civil suits are a critical tool
        for advancing that interest.
            (4) As a result of the Kimel decision, although age-based
        discrimination by State employers remains unlawful, the victims
        of such discrimination lack important remedies for vindication
        of their rights that are available to all other employees
        covered under that Act, including employees in the private
        sector, local government, and the Federal Government. Unless a
        State chooses to waive sovereign immunity, or the Equal
        Employment Opportunity Commission brings an action on their
        behalf, State employees victimized by violations of the Age
        Discrimination in Employment Act of 1967 have no adequate
        Federal remedy for violations of that Act. In the absence of
        the deterrent effect that such remedies provide, there is a
        greater likelihood that entities carrying out programs and
        activities receiving Federal financial assistance will use that
        assistance to violate that Act, or that the assistance will
        otherwise subsidize or facilitate violations of that Act.
            (5) Federal law has long treated nondiscrimination
        obligations as a core component of programs or activities that,
        in whole or part, receive Federal financial assistance. That
        assistance should not be used, directly or indirectly, to
        subsidize invidious discrimination. Assuring nondiscrimination
        in employment is a crucial aspect of assuring nondiscrimination
        in those programs and activities.
            (6) Discrimination on the basis of age in programs or
        activities receiving Federal financial assistance is, in
        contexts other than employment, forbidden by the Age
        Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). Congress
        determined that it was not necessary for the Age Discrimination
        Act of 1975 to apply to employment discrimination because the
Age Discrimination in Employment Act of 1967 already forbade
discrimination in employment by, and authorized suits against, State
agencies and other entities that receive Federal financial assistance.
In section 1003 of the Rehabilitation Act Amendments of 1986 (42 U.S.C.
2000d-7), Congress required all State recipients of Federal financial
assistance to waive any immunity from suit for discrimination claims
arising under the Age Discrimination Act of 1975. The earlier
limitation in the Age Discrimination Act of 1975, originally intended
only to avoid duplicative coverage and remedies, has in the wake of the
Kimel decision become a serious loophole leaving millions of State
employees without an important Federal remedy for age discrimination,
resulting in the use of Federal financial assistance to subsidize or
facilitate violations of the Age Discrimination in Employment Act of
1967.
            (7) The Supreme Court has upheld Congress' authority to
        condition receipt of Federal financial assistance on acceptance
        by the States or other recipients of conditions regarding or
        related to the use of that assistance, as in Cannon v.
University of Chicago, 441 U.S. 677 (1979). The Court has further
recognized that Congress may require a State, as a condition of receipt
of Federal financial assistance, to waive the State's sovereign
immunity to suits for a violation of Federal law, as in College Savings
Bank v. Florida Prepaid Postsecondary Education Expense Board, 527 U.S.
666 (1999). In the wake of the Kimel decision, in order to assure
compliance with, and to provide effective remedies for violations of,
the Age Discrimination in Employment Act of 1967 in State programs or
activities receiving or using Federal financial assistance, and in
order to ensure that Federal financial assistance does not subsidize or
facilitate violations of the Age Discrimination in Employment Act of
1967, it is necessary to require such a waiver as a condition of
receipt or use of that assistance.
            (8) A State's receipt or use of Federal financial
        assistance in any program or activity of a State will
        constitute a limited waiver of sovereign immunity under section
        7(g) of the Age Discrimination in Employment Act of 1967 (as
        added by section 4 of this Act). The waiver will not eliminate
        a State's immunity with respect to programs or activities that
        do not receive or use Federal financial assistance. The State
        will waive sovereign immunity only with respect to suits under
        the Age Discrimination in Employment Act of 1967 brought by
        employees within the programs or activities that receive or use
        that assistance. With regard to those programs and activities
        that are covered by the waiver, the State employees will be
        accorded only the same remedies that are accorded to other
        covered employees under the Age Discrimination in Employment
        Act of 1967.
            (9) The Supreme Court has repeatedly held that State
        sovereign immunity does not bar suits for prospective
        injunctive relief brought against State officials, as in Ex
        parte Young, 209 U.S. 123 (1908). Clarification of the language
        of the Age Discrimination in Employment Act of 1967 will
        confirm that that Act authorizes such suits. The injunctive
        relief available in such suits will continue to be no broader
        than the injunctive relief that was available under that Act
        before the Kimel decision, and that is available to all other
        employees under that Act.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to provide to State employees in programs or activities
        that receive or use Federal financial assistance the same
        rights and remedies for practices violating the Age
        Discrimination in Employment Act of 1967 as are available to
        other employees under that Act, and that were available to
        State employees prior to the Supreme Court's decision in Kimel
        v. Florida Board of Regents, 120 S. Ct. 631 (2000);
            (2) to provide that the receipt or use of Federal financial
        assistance for a program or activity constitutes a State waiver
        of sovereign immunity from suits by employees within that
        program or activity for violations of the Age Discrimination in
        Employment Act of 1967; and
            (3) to affirm that suits for injunctive relief are
        available against State officials in their official capacities
        for violations of the Age Discrimination in Employment Act of
        1967.

SEC. 4. REMEDIES FOR STATE EMPLOYEES.

    Section 7 of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 626) is amended by adding at the end the following:
    ``(g)(1)(A) A State's receipt or use of Federal financial
assistance for any program or activity of a State shall constitute a
waiver of sovereign immunity, under the 11th amendment to the
Constitution or otherwise, to a suit brought by an employee of that
program or activity under this Act for equitable, legal, or other
relief authorized under this Act.
    ``(B) In this paragraph, the term `program or activity' has the
meaning given the term in section 309 of the Age Discrimination Act of
1975 (42 U.S.C. 6107).
    ``(2) An official of a State may be sued in the official capacity
of the official by any employee who has complied with the procedures of
subsections (d) and (e), for injunctive relief that is authorized under
this Act. In such a suit the court may award to the prevailing party
those costs authorized by section 722 of the Revised Statutes (42
U.S.C. 1988).''.

SEC. 5. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be invalid, the remainder of this Act, the
amendments made by this Act, and the application of such provision or
amendment to another person or circumstance shall not be affected.

SEC. 6. EFFECTIVE DATE.

    (a) Waiver of Sovereign Immunity.--With respect to a particular
program or activity, section 7(g)(1) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 626(g)(1)) applies to conduct
occurring on or after the day, after the date of enactment of this Act,
on which a State first receives or uses Federal financial assistance
for that program or activity.
    (b) Suits Against Officials.--Section 7(g)(2) of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 626(g)(2)) applies
to any suit pending on or after the date of enactment of this Act.

Summary: Older Workers' Rights Restoration Act of 2001 (sic) - Amends the Age Discrimination in Employment Act of 1967 to require States to waive their sovereign immunity to lawsuit for violations of such Act against State employees in programs or activities that receive Federal financial assistance. Allows such State employees to sue: (1) States for equitable, legal, or other authorized relief. And (2) State officials for injunctive relief, as authorized upon compliance with certain procedures, with the award of costs to the prevailing party. Applies such State waiver, following enactment of this Act, to conduct on or after the day the State first receives or uses Federal financial assistance for the program or activity. Applies this Act with respect to injunctive relief against a State official to any suit pending on or after enactment.

A bill to amend the Age Discrimination in Employment Act of 1967 to require, as a condition of receipt or use of Federal financial assistance, that States waive immunity to suit for certain violations of that Act, and to affirm the availability of certain suits for injunctive relief to ensure compliance with that Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Agricultural Credit Expansion Act''.

SEC. 2. ELIGIBILITY FOR FARM LOANS.

    (a) Farm Ownership Loans.--Section 302(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1922(a)) is amended--
            (1) by striking ``(a) In General.--The'' and inserting the
        following:
    ``(a) In General.--
            ``(1) Eligibility requirements.--The'';
            (2) in paragraph (1) (as designated by paragraph (1))--
                    (A) in the first sentence, by striking ``and
                limited liability companies'' and inserting ``limited
                liability companies, and such other legal entities that
                the Secretary determines to be appropriate,''; and
                    (B) in the second sentence--
                            (i) by striking ``and limited liability
                        companies'' each place it appears and inserting
                        ``limited liability companies, and such other
                        legal entities that the Secretary determines to
                        be appropriate'';
                            (ii) by striking ``(1)'' and inserting
                        ``(A)'';
                            (iii) by striking ``(2)'' and inserting
                        ``(B)'';
                            (iv) by striking ``(3)'' and inserting
                        ``(C)''; and
                            (v) by striking ``(4)'' and inserting
                        ``(D)'';
            (3) in the third sentence--
                    (A) by striking ``and limited liability companies''
                each place it appears and inserting ``limited liability
                companies, and such other legal entities that the
                Secretary determines to be appropriate'';
                    (B) by striking ``(3)'' and inserting ``(C)''; and
                    (C) by striking ``(4)'' and inserting ``(D)''; and
            (4) by adding at the end the following:
            ``(2) Special rules regarding determinations.--
                    ``(A) Eligibility of certain operating-only
                entities.--An entity that is, or will become, only the
                operator of a family farm shall be determined by the
                Secretary to meet each owner-operator requirement
                described in paragraph (1) if the 1 or more individuals
                who are the owners of the family farm own--
                            ``(i) a percentage of the family farm that
                        exceeds 50 percent; or
                            ``(ii) such other percentage that the
                        Secretary determines to be appropriate.
                    ``(B) Eligibility of certain embedded entities.--An
                entity that is an owner-operator described in paragraph
                (1), or an operator described in subparagraph (A), that
                is owned, in whole or in part, by 1 or more other
                entities, shall be determined by the Secretary to meet
                the direct ownership requirement described in paragraph
                (1) if not less than 75 percent of the ownership
                interests of each embedded entity of the entity is
                owned directly or indirectly by the 1 or more
                individuals who own the family farm.''.
    (b) Conservation Loans.--Section 304(c)(1) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1924(c)(1)) is amended by striking
``or limited liability companies'' and inserting ``limited liability
companies, or such other legal entities that the Secretary determines
to be appropriate,''.
    (c) Farm Operating Loans.--Section 311(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1941(a)) is amended--
            (1) by striking ``(a) In General.--The'' and inserting the
        following:
    ``(a) In General.--
            ``(1) Eligibility requirements.--The'';
            (2) in paragraph (1) (as designated by paragraph (1))--
                    (A) in the first sentence, by striking ``and
                limited liability companies'' and inserting ``limited
                liability companies, and such other legal entities that
                the Secretary determines to be appropriate,''; and
                    (B) in the second sentence--
                            (i) by striking ``and limited liability
                        companies'' each place it appears and inserting
                        ``limited liability companies, and such other
                        legal entities that the Secretary determines to
                        be appropriate'';
                            (ii) by striking ``(1)'' and inserting
                        ``(A)'';
                            (iii) by striking ``(2)'' and inserting
                        ``(B)'';
                            (iv) by striking ``(3)'' and inserting
                        ``(C)''; and
                            (v) by striking ``(4)'' and inserting
                        ``(D)'';
            (3) in the third sentence--
                    (A) by striking ``and limited liability companies''
                each place it appears and inserting ``limited liability
                companies, and such other legal entities that the
                Secretary determines to be appropriate'';
                    (B) by striking ``(3)'' and inserting ``(C)''; and
                    (C) by striking ``(4)'' and inserting ``(D)''; and
            (4) by adding at the end the following:
            ``(2) Special rules regarding determinations.--An entity
        that is an operator described in paragraph (1) that is owned,
        in whole or in part, by 1 or more other entities, shall be
        determined by the Secretary to meet the direct ownership
        requirement described in paragraph (1) if not less than 75
        percent of the ownership interests of each embedded entity of
        the entity is owned directly or indirectly by the 1 or more
        individuals who own the family farm.''.
    (d) Emergency Loans.--Section 321(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1961(a)) is amended--
            (1) in the first sentence, in the matter preceding the
        proviso--
                    (A) by striking ``owner-operators (in the case of
                loans for a purpose under subtitle A) or operators (in
                the case of loans for a purpose under subtitle B)''
                each place it appears and inserting ``(in the case of
                farm ownership loans in accordance with subtitle A)
                owner-operators or operators, or (in the case of loans
                for a purpose under subtitle B) operators'';
                    (B) by striking ``or limited liability companies''
                the first place it appears and inserting ``limited
                liability companies, or such other legal entities that
                the Secretary determines to be appropriate''; and
                    (C) by striking ``or limited liability companies''
                the second place it appears and inserting ``limited
                liability companies, or such other legal entities'';
            (2) in the second sentence of the proviso--
                    (A) by striking ``and limited liability companies''
                and inserting ``limited liability companies, and such
                other legal entities''; and
                    (B) by striking ``ownership and operator'' and
                inserting ``ownership or operator''; and
            (3) by adding at the end the following: ``An entity that is
        an owner-operator or operator described in this subsection
        shall be determined by the Secretary to meet the direct
        ownership requirement described in this subsection if the
        entity is owned, in whole or in part, by 1 or more other
        entities and each individual who is an owner of the family farm
        involved has a direct or indirect ownership interest in each of
        the other entities.''.
    (e) Conforming Amendments.--
            (1) Section 304(c)(2) of the Consolidated Farm and Rural
        Development Act (7 U.S.C. 1924(c)(2)) is amended by striking
        ``paragraphs (1) and (2) of section 302(a)'' and inserting
        ``clauses (A) and (B) of section 302(a)(1)''.
            (2) Section 310D(a) of the Consolidated Farm and Rural
        Development Act (7 U.S.C. 1934(a)) is amended--
                    (A) in the first sentence, by striking ``paragraphs
                (2) through (4) of section 302'' and inserting
                ``clauses (B) through (D) of section 302(a)(1)''; and
                    (B) in the second sentence--
                            (i) by striking ``farm cooperative or
                        private domestic corporation or partnership''
                        and inserting ``farm cooperative, private
                        domestic corporation, partnership, or such
                        other legal entity that the Secretary
                        determines to be appropriate,''; and
                            (ii) by striking ``or partners'' and
                        inserting ``partners, or owners''.
            (3) Section 343(a)(11) of the Consolidated Farm and Rural
        Development Act (7 U.S.C. 1991(a)(11)) is amended--
                    (A) in subparagraph (C)--
                            (i) by striking ``or joint operation'' and
                        inserting ``joint operation, or such other
                        legal entity that the Secretary determines to
                        be appropriate''; and
                            (ii) by striking ``or joint operators'' and
                        inserting ``joint operators, or owners''; and
                    (B) in subparagraph (D)--
                            (i) in clause (i)(II)(aa)--
                                    (I) by striking ``or joint
                                operation'' and inserting ``joint
                                operation, or such other legal
                                entity''; and
                                    (II) by striking ``or joint
                                operators'' and inserting ``joint
                                operators, or owners''; and
                            (ii) in clause (ii)(II)(aa)--
                                    (I) by striking ``or joint
                                operation'' and inserting ``joint
                                operation, or such other legal
                                entity''; and
                                    (II) by striking ``or joint
                                operators'' and inserting ``joint
                                operators, or owners''.
            (4) Section 359(c)(2) of the Consolidated Farm and Rural
        Development Act (7 U.S.C. 2006a(c)(2)) is amended by striking
        ``section 302(a)(2) or 311(a)(2)'' and inserting ``clause (B)
        of section 302(a)(1) or clause (B) of section 311(a)(1)''.

SEC. 3. PURPOSES OF CERTAIN DIRECT LOANS.

    Section 303(a)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1923(a)(1)) is amended--
            (1) in subparagraph (D), by striking ``or'' at the end;
            (2) in subparagraph (E)(ii), by striking the period at the
        end and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(F) refinancing 1 or more loans made or
                guaranteed under this subtitle.''.

SEC. 4. REPEAL OF CERTAIN LOAN TERM LIMITS.

    (a) Direct Loans.--Section 311 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1941) is amended by striking subsection (c).
    (b) Limitation on Period Borrowers Are Eligible for Guaranteed
Assistance.--Section 319 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1949) is amended--
            (1) by striking ``(a) Graduation Plan.--The Secretary'' and
        inserting ``The Secretary''; and
            (2) by striking subsection (b).

Summary: Agricultural Credit Expansion Act - Amends the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency operating loans, farm ownership loans, conservation loans, and emergency loans. Deems specified embedded entities eligible for farm ownership and operating loans. Deems specified operating-only entities eligible for farm ownership loans. Directs the Secretary of Agriculture (USDA) to determine that an entity that is an owner-operator or operator meets the direct ownership loan requirement if it is owned in whole or in part by other entities and each individual that is an owner of the family farm involved has an ownership interest in each of the other entities. Permits direct loans to be used to refinance Farm Service Agency loans or guaranteed loans. Eliminates the 15-year limitation on the period operating loan borrowers are eligible for guaranteed assistance.

A bill to amend the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency loans.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Elementary and Secondary School
Counseling Improvement Act of 2001''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) elementary and secondary school children are being
        subjected to unprecedented social stresses, including
        fragmentation of the family, drug and alcohol abuse, violence,
        child abuse, and poverty;
            (2) an increasing number of elementary and secondary school
        children are exhibiting symptoms of distress, such as substance
        abuse, emotional disorders, violent outbursts, disruptive
        behavior, juvenile delinquency, and suicide;
            (3) between 1984 and 1994, the homicide rate for
        adolescents doubled, while the rate of nonfatal violent crimes
        committed by adolescents increased by almost 20 percent;
            (4) according to the National Institute of Mental Health,
        up to one in five children and youth have psychological
        problems severe enough to require some form of professional
        help, yet only 20 percent of youth with mental disorders or
        their families receive help;
            (5) the Institute of Medicine has identified psychological
        counseling as the most serious school health need for the
        normal development of our Nation's children and youth;
            (6) school counselors, school psychologists, and school
        social workers can contribute to the personal growth,
        educational development, and emotional well-being of elementary
        and secondary school children by providing professional
        counseling, intervention, and referral services;
            (7) the implementation of well designed school counseling
        programs has been shown to increase students' academic success;
            (8) the national average student-to-counselor ratio in
        elementary and secondary schools is 531 to 1, and the average
        student-to-psychologist ratio is 2300 to 1;
            (9) it is recommended that to effectively address students'
        mental health and development needs, schools have 1 full-time
        counselor for every 250 students, 1 psychologist for every
        1,000 students, and 1 school social worker for every 800
        students;
            (10) the population of elementary and secondary school
        students in the United States is expected to increase
        dramatically during the 5 to 10 years beginning with 1999;
            (11) the Federal Government can help reduce the risk of
        academic, social, and emotional problems among elementary and
        secondary school children by stimulating the development of
        model school counseling programs; and
            (12) the Federal Government can help reduce the risk of
        future unemployment and assist the school-to-work transition by
        stimulating the development of model school counseling programs
        that include comprehensive career development.
    (b) Purpose.--It is the purpose of this Act to enhance the
availability and quality of counseling services for elementary and
secondary school children by providing grants to local educational
agencies to enable such agencies to establish or expand effective and
innovative counseling programs that can serve as national models.

SEC. 3. SCHOOL COUNSELING.

    Title IV of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7101 et seq.) is amended--
            (1) in section 4004 (20 U.S.C. 7104)--
                    (A) in paragraph (1), by striking ``and'' at the
                end;
                    (B) in paragraph (2), by striking the period and
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) $100,000,000 for fiscal year 2002, and such sums as
        may be necessary for each of the 4 succeeding fiscal years, for
        grants under section 4124.''; and
            (2) by adding at the end of subpart 2 of part A, the
        following:

``SEC. 4124. ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING
              DEMONSTRATION.

    ``(a) Counseling Demonstration.--
            ``(1) In general.--The Secretary may award grants under
        this section to local educational agencies to enable the local
        educational agencies to establish or expand elementary school
        and secondary school counseling programs.
            ``(2) Priority.--In awarding grants under this section, the
        Secretary shall give special consideration to applications
        describing programs that--
                    ``(A) demonstrate the greatest need for new or
                additional counseling services among the children in
                the schools served by the applicant;
                    ``(B) propose the most promising and innovative
                approaches for initiating or expanding school
                counseling; and
                    ``(C) show the greatest potential for replication
                and dissemination.
            ``(3) Equitable distribution.--In awarding grants under
        this section, the Secretary shall ensure an equitable
        geographic distribution among the regions of the United States
        and among urban, suburban, and rural areas.
            ``(4) Duration.--A grant under this section shall be
        awarded for a period not to exceed three years.
            ``(5) Maximum grant.--A grant under this section shall not
        exceed $400,000 for any fiscal year.
    ``(b) Applications.--
            ``(1) In general.--Each local educational agency desiring a
        grant under this section shall submit an application to the
        Secretary at such time, in such manner, and accompanied by such
        information as the Secretary may reasonably require.
            ``(2) Contents.--Each application for a grant under this
        section shall--
                    ``(A) describe the school population to be targeted
                by the program, the particular personal, social,
                emotional, educational, and career development needs of
                such population, and the current school counseling
                resources available for meeting such needs;
                    ``(B) describe the activities, services, and
                training to be provided by the program and the specific
                approaches to be used to meet the needs described in
                subparagraph (A);
                    ``(C) describe the methods to be used to evaluate
                the outcomes and effectiveness of the program;
                    ``(D) describe the collaborative efforts to be
                undertaken with institutions of higher education,
                businesses, labor organizations, community groups,
                social service agencies, and other public or private
                entities to enhance the program and promote school-
                linked services integration;
                    ``(E) describe collaborative efforts with
                institutions of higher education which specifically
                seek to enhance or improve graduate programs
                specializing in the preparation of school counselors,
                school psychologists, and school social workers;
                    ``(F) document that the applicant has the personnel
                qualified to develop, implement, and administer the
                program;
                    ``(G) describe how any diverse cultural
                populations, if applicable, would be served through the
                program;
                    ``(H) assure that the funds made available under
                this part for any fiscal year will be used to
                supplement and, to the extent practicable, increase the
                level of funds that would otherwise be available from
                non-Federal sources for the program described in the
                application, and in no case supplant such funds from
                non-Federal sources; and
                    ``(I) assure that the applicant will appoint an
                advisory board composed of parents, school counselors,
                school psychologists, school social workers, other
                pupil services personnel, teachers, school
                administrators, and community leaders to advise the
                local educational agency on the design and
                implementation of the program.
    ``(c) Use of Funds.--
            ``(1) In general.--From amounts made available under
        section 4004(3) to carry out this section, the Secretary shall
        award grants to local education agencies to be used to initiate
        or expand elementary or secondary school counseling programs
        that comply with the requirements of paragraph (2).
            ``(2) Program requirements.--Each program assisted under
        this section shall--
                    ``(A) be comprehensive in addressing the personal,
                social, emotional, and educational needs of all
                students;
                    ``(B) use a developmental, preventive approach to
                counseling;
                    ``(C) increase the range, availability, quantity,
                and quality of counseling services in the schools of
                the local educational agency;
                    ``(D) expand counseling services only through
                qualified school counselors, school psychologists, and
                school social workers;
                    ``(E) use innovative approaches to increase
                children's understanding of peer and family
                relationships, work and self, decisionmaking, or
                academic and career planning, or to improve social
                functioning;
                    ``(F) provide counseling services that are well-
                balanced among classroom group and small group
                counseling, individual counseling, and consultation
                with parents, teachers, administrators, and other pupil
                services personnel;
                    ``(G) include inservice training for school
                counselors, school social workers, school
                psychologists, other pupil services personnel,
                teachers, and instructional staff;
                    ``(H) involve parents of participating students in
                the design, implementation, and evaluation of a
                counseling program;
                    ``(I) involve collaborative efforts with
                institutions of higher education, businesses, labor
                organizations, community groups, social service
                agencies, or other public or private entities to
                enhance the program and promote school-linked services
                integration; and
                    ``(J) evaluate annually the effectiveness and
                outcomes of the counseling services and activities
                assisted under this section.
            ``(3) Report.--The Secretary shall issue a report
        evaluating the programs assisted pursuant to each grant under
        this subsection at the end of each grant period in accordance
        with section 14701.
            ``(4) Dissemination.--The Secretary shall make the programs
        assisted under this section available for dissemination, either
        through the National Diffusion Network or other appropriate
        means.
            ``(5) Limit on administration.--Not more than 5 percent of
        the amounts made available under this section in any fiscal
        year shall be used for administrative costs to carry out this
        section.
    ``(d) Definitions.--For purposes of this section:
            ``(1) School counselor.--The term `school counselor' means
        an individual who has documented competence in counseling
        children and adolescents in a school setting and who--
                    ``(A) possesses State licensure or certification
                granted by an independent professional regulatory
                authority;
                    ``(B) in the absence of such State licensure or
                certification, possesses national certification in
                school counseling or a specialty of counseling granted
                by an independent professional organization; or
                    ``(C) holds a minimum of a master's degree in
                school counseling from a program accredited by the
                Council for Accreditation of Counseling and Related
                Educational Programs or the equivalent.
            ``(2) School psychologist.--The term `school psychologist'
        means an individual who--
                    ``(A) possesses a minimum of 60 graduate semester
                hours in school psychology from an institution of
                higher education and has completed 1,200 clock hours in
                a supervised school psychology internship, of which 600
                hours shall be in the school setting;
                    ``(B) possesses State licensure or certification in
                the State in which the individual works; or
                    ``(C) in the absence of such State licensure or
                certification, possesses national certification by the
                National School Psychology Certification Board.
            ``(3) School social worker.--The term `school social
        worker' means an individual who--
                    ``(A)(i) holds a master's degree in social work
                from a program accredited by the Council on Social Work
                Education; and
                    ``(ii) is licensed or certified by the State in
                which services are provided; or
                    ``(B) in the absence of such licensure or
                certification, possess a national certification or
                credential as a school social work specialist that has
                been awarded by an independent professional
                organization.
            ``(4) Supervisor.--The term `supervisor' means an
        individual who has the equivalent number of years of
        professional experience in such individual's respective
        discipline as is required of teaching experience for the
        supervisor or administrative credential in the State of such
        individual.''.

Summary: Elementary and Secondary School Counseling Improvement Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to local educational agencies to establish or expand elementary and secondary school counseling programs.

A bill to amend the Elementary and Secondary Education Act of 1965 regarding elementary school and secondary school counseling.