SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Government Excess Prevention Act of
2011''.

SEC. 2. LIMITATION ON GOVERNMENT PRINTING COSTS.

    Not later than 180 days after the date of enactment of this Act,
the Director of the Office of Management and Budget shall coordinate
with the heads of Federal departments and independent agencies to--
            (1) determine which Government publications could be
        available on Government websites and no longer printed and to
        devise a strategy to reduce overall Government printing costs
        over the 10-year period beginning with fiscal year 2012, except
        that the Director shall ensure that essential printed documents
        prepared for Social Security recipients, Medicare
        beneficiaries, and other populations in areas with limited
        Internet access or use continue to remain available;
            (2) establish government-wide Federal guidelines on
        employee printing;
            (3) issue on the Office of Management and Budget's public
        website the results of a cost-benefit analysis on implementing
        a digital signature system and on establishing employee
        printing identification systems, such as the use of individual
        employee cards or codes, to monitor the amount of printing done
        by Federal employees; except that the Director of the Office of
        Management and Budget shall ensure that Federal employee
        printing costs unrelated to national defense, homeland
        security, border security, national disasters, and other
        emergencies do not exceed $860,000,000 annually; and
            (4) issue guidelines requiring every department, agency,
        commission, or office to list at a prominent place near the
        beginning of each publication distributed to the public and
        issued or paid for by the Federal Government--
                    (A) the name of the issuing agency, department,
                commission, or office;
                    (B) the total number of copies of the document
                printed;
                    (C) the collective cost of producing and printing
                all of the copies of the document; and
                    (D) the name of the firm publishing the document.

SEC. 3. LIMITATION OF GOVERNMENT TRAVEL COSTS.

    (a) In General.--Notwithstanding any other provision of law, the
total amount which is paid or reimbursed by an agency under subchapter
I of chapter 57 of title 5, United States Code (relating to travel and
subsistence expenses; mileage allowances for official travel by Federal
employees) may not, for any of the 5 fiscal years beginning after the
date of enactment of this Act, exceed 50 percent of the total amount so
paid or reimbursed by such agency for the fiscal year in which such
date of enactment occurs.
    (b) Exceptions.--For purposes of carrying out subsection (a), there
shall not be taken into account the amounts paid or reimbursed for--
            (1) any subsistence or travel expenses for threatened law
        enforcement personnel, as described in section 5706a of title
        5, United States Code; or
            (2) any other expenses for which an exception is
        established under subsection (c) for reasons relating to
        national security or public safety.
    (c) Regulations.--Any regulations necessary to carry out this
section shall, in consultation with the Director of the Office of
Management and Budget, be prescribed by the same respective authorities
as are responsible for prescribing regulations under section 5707 of
title 5, United States Code.

SEC. 4. REDUCTION IN FEDERAL VEHICLE COSTS.

    Notwithstanding any other provision of law--
            (1) of the amounts made available to the General Services
        Administration for the acquisition of new vehicles for the
        Federal fleet for fiscal year 2011 and remaining unobligated as
        of the date of enactment of this Act, an amount equal to 20
        percent of all such amounts is rescinded;
            (2) for fiscal year 2012 and each fiscal year thereafter--
                    (A) the amount made available to the General
                Services Administration for the acquisition of new
                vehicles for the Federal fleet shall not exceed an
                amount equal to 80 percent of the amount made available
                for the acquisition of those vehicles for fiscal year
                2011 (before application of paragraph (1)); and
                    (B) the number of new vehicles acquired by the
                General Services Administration for the Federal fleet
                shall not exceed a number equal to 50 percent of the
                vehicles so acquired for fiscal year 2011; and
            (3) any amounts made available under the American Recovery
        and Reinvestment Act of 2009 (Public Law 111-5) for the
        acquisition of new vehicles for the Federal fleet shall be
        disregarded for purposes of determining the baseline.

Summary: Government Excess Prevention Act of 2011 - Directs the Director of the Office of Management and Budget (OMB) to coordinate with federal agencies to: (1) determine which government publications could be published on government websites and devise a strategy to reduce government printing costs over the 10-year period beginning with FY2012, (2) issue on OMB's public website the results of a cost-benefit analysis for monitoring government printing, and (3) establish guidelines on employee printing and for disclosing the cost of printing government publications. Imposes limitations on government travel and subsistence expenses, except for expenses incurred for threatened law enforcement personnel and for other expenses related to national security or public safety. Rescinds in FY2011 20 of the funding for the acquisition of new vehicles for the federal fleet by the General Services Administration (GSA). Imposes limitations on such funding in FY2012 and subsequent fiscal years.

A bill to limit Government printing, Government travel costs, and Federal vehicle costs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Artists' Contribution to American
Heritage Act of 1999''.

SEC. 2. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE
              TAXPAYER.

    (a) In General.--Subsection (e) of section 170 of the Internal
Revenue Code of 1986 (relating to certain contributions of ordinary
income and capital gain property) is amended by adding at the end the
following new paragraph:
            ``(7) Special rule for certain contributions of literary,
        musical, or artistic compositions.--
                    ``(A) In general.--In the case of a qualified
                artistic charitable contribution--
                            ``(i) the amount of such contribution shall
                        be the fair market value of the property
                        contributed (determined at the time of such
                        contribution), and
                            ``(ii) no reduction in the amount of such
                        contribution shall be made under paragraph (1).
                    ``(B) Qualified artistic charitable contribution.--
                For purposes of this paragraph, the term `qualified
                artistic charitable contribution' means a charitable
                contribution of any literary, musical, artistic, or
                scholarly composition, or similar property, or the
                copyright thereon (or both), but only if--
                            ``(i) such property was created by the
                        personal efforts of the taxpayer making such
                        contribution no less than 18 months prior to
                        such contribution,
                            ``(ii) the taxpayer--
                                    ``(I) has received a qualified
                                appraisal of the fair market value of
                                such property in accordance with the
                                regulations under this section, and
                                    ``(II) attaches to the taxpayer's
                                income tax return for the taxable year
                                in which such contribution was made a
                                copy of such appraisal,
                            ``(iii) the donee is an organization
                        described in subsection (b)(1)(A),
                            ``(iv) the use of such property by the
                        donee is related to the purpose or function
                        constituting the basis for the donee's
                        exemption under section 501 (or, in the case of
                        a governmental unit, to any purpose or function
                        described under subsection (c)),
                            ``(v) the taxpayer receives from the donee
                        a written statement representing that the
                        donee's use of the property will be in
                        accordance with the provisions of clause (iv),
                        and
                            ``(vi) the written appraisal referred to in
                        clause (ii) includes evidence of the extent (if
                        any) to which property created by the personal
                        efforts of the taxpayer and of the same type as
                        the donated property is or has been--
                                    ``(I) owned, maintained, and
                                displayed by organizations described in
                                subsection (b)(1)(A), and
                                    ``(II) sold to or exchanged by
                                persons other than the taxpayer, donee,
                                or any related person (as defined in
                                section 465(b)(3)(C)).
                    ``(C) Maximum dollar limitation; no carryover of
                increased deduction.--The increase in the deduction
                under this section by reason of this paragraph for any
                taxable year--
                            ``(i) shall not exceed the artistic
                        adjusted gross income of the taxpayer for such
                        taxable year, and
                            ``(ii) shall not be taken into account in
                        determining the amount which may be carried
                        from such taxable year under subsection (d).
                    ``(D) Artistic adjusted gross income.--For purposes
                of this paragraph, the term `artistic adjusted gross
                income' means that portion of the adjusted gross income
                of the taxpayer for the taxable year attributable to--
                            ``(i) income from the sale or use of
                        property created by the personal efforts of the
                        taxpayer which is of the same type as the
                        donated property, and
                            ``(ii) income from teaching, lecturing,
                        performing, or similar activity with respect to
                        property described in clause (i).
                    ``(E) Paragraph not to apply to certain
                contributions.--Subparagraph (A) shall not apply to any
                charitable contribution of any letter, memorandum, or
                similar property which was written, prepared, or
                produced by or for an individual while the individual
                is an officer or employee of any person (including any
                government agency or instrumentality) unless such
                letter, memorandum, or similar property is entirely
                personal.
                    ``(F) Copyright treated as separate property for
                partial interest rule.--In the case of a qualified
                artistic charitable contribution, the tangible
                literary, musical, artistic, or scholarly composition,
                or similar property and the copyright on such work
                shall be treated as separate properties for purposes of
                this paragraph and subsection (f)(3).''.
    (b) Effective Date.--The amendment made by this section shall apply
to contributions made after the date of the enactment of this Act in
taxable years ending after such date.

Summary: Limits such increased deduction to the donor's artistic adjusted income .


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mental Health on Campus Improvement
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The 2007 National Survey of Counseling Center Directors
        found that the average ratio of counselors to students on
        campus is nearly 1 to 2,000 and is often far higher on large
        campuses. The International Association of Counseling Services
        accreditation standards recommend 1 counselor per 1,000 to
        1,500 students.
            (2) College counselors report that 8.5 percent of enrolled
        students sought counseling in the past year, totaling an
        estimated 1,600,000 students.
            (3) Over 90 percent of counseling directors believe there
        is an increase in the number of students coming to campus with
        severe psychological problems. The majority of counseling
        directors report concerns that the demand for services is
        growing without an increase in resources.
            (4) A 2008 American College Health Association survey
        revealed that 43 percent of students at colleges and
        universities report having felt so depressed it was difficult
        to function, and one out of every 11 students seriously
        considered suicide within the past year.
            (5) Research conducted between 1989 and 2002 found that
        students seen for anxiety disorders doubled, for depression
        tripled, and for serious suicidal intention tripled.
            (6) Many students who need help never receive it.
        Counseling directors report that, of the students who committed
        suicide on their campuses, only 22 percent were current or
        former counseling center clients. Directors did not know the
        previous psychiatric history of 60 percent of those students.
            (7) A survey conducted by the University of Idaho Student
        Counseling Center in 2000 found that 77 percent of students who
        responded reported that they were more likely to stay in school
        because of counseling and that their school performance would
        have declined without counseling.
            (8) A 6-year longitudinal study of college students found
        that personal and emotional adjustment was an important factor
        in retention and predicted attrition as well as, or better
        than, academic adjustment (Gerdes & Mallinckrodt, 1994).

SEC. 3. IMPROVING MENTAL AND BEHAVIORAL HEALTH ON COLLEGE CAMPUSES.

    Title V of the Public Health Service Act is amended by inserting
after section 520E-2 (42 U.S.C. 290bb-36b) the following:

``SEC. 520E-3. GRANTS TO IMPROVE MENTAL AND BEHAVIORAL HEALTH ON
              COLLEGE CAMPUSES.

    ``(a) Purpose.--It is the purpose of this section, with respect to
college and university settings, to--
            ``(1) increase access to mental and behavioral health
        services;
            ``(2) foster and improve the prevention of mental and
        behavioral health disorders, and the promotion of mental
        health;
            ``(3) improve the identification and treatment for students
        at risk;
            ``(4) improve collaboration and the development of
        appropriate levels of mental and behavioral health care;
            ``(5) reduce the stigma for students with mental health
        disorders and enhance their access to mental health services;
        and
            ``(6) improve the efficacy of outreach efforts.
    ``(b) Grants.--The Secretary, acting through the Administrator and
in consultation with the Secretary of Education, shall award
competitive grants to eligible entities to improve mental and
behavioral health services and outreach on college and university
campuses.
    ``(c) Eligibility.--To be eligible to receive a grant under
subsection (b), an entity shall--
            ``(1) be an institution of higher education (as defined in
        section 101 of the Higher Education Act of 1965 (20 U.S.C.
        1001)); and
            ``(2) submit to the Secretary an application at such time,
        in such manner, and containing such information as the
        Secretary may require, including the information required under
        subsection (d).
    ``(d) Application.--An application for a grant under this section
shall include--
            ``(1) a description of the population to be targeted by the
        program carried out under the grant, the particular mental and
        behavioral health needs of the students involved, and the
        Federal, State, local, private, and institutional resources
        available for meeting the needs of such students at the time
        the application is submitted;
            ``(2) an outline of the objectives of the program carried
        out under the grant;
            ``(3) a description of activities, services, and training
        to be provided under the program, including planned outreach
        strategies to reach students not currently seeking services;
            ``(4) a plan to seek input from community mental health
        providers, when available, community groups, and other public
        and private entities in carrying out the program;
            ``(5) a plan, when applicable, to meet the specific mental
        and behavioral health needs of veterans attending institutions
        of higher education;
            ``(6) a description of the methods to be used to evaluate
        the outcomes and effectiveness of the program; and
            ``(7) an assurance that grant funds will be used to
        supplement, and not supplant, any other Federal, State, or
        local funds available to carry out activities of the type
        carried out under the grant.
    ``(e) Special Considerations.--In awarding grants under this
section, the Secretary shall give special consideration to applications
that describe programs to be carried out under the grant that--
            ``(1) demonstrate the greatest need for new or additional
        mental and behavioral health services, in part by providing
        information on current ratios of students to mental and
        behavioral health professionals;
            ``(2) propose effective approaches for initiating or
        expanding campus services and supports using evidence-based
        practices;
            ``(3) target traditionally underserved populations and
        populations most at risk;
            ``(4) where possible, demonstrate an awareness of, and a
        willingness to, coordinate with a community mental health
        center or other mental health resource in the community, to
        support screening and referral of students requiring intensive
        services;
            ``(5) identify how the college or university will address
        psychiatric emergencies, including how information will be
        communicated with families or other appropriate parties; and
            ``(6) demonstrate the greatest potential for replication
        and dissemination.
    ``(f) Use of Funds.--Amounts received under a grant under this
section may be used to--
            ``(1) provide mental and behavioral health services to
        students, including prevention, promotion of mental health,
        screening, early intervention, assessment, treatment,
        management, and education services relating to the mental and
        behavioral health of students;
            ``(2) provide outreach services to notify students about
        the existence of mental and behavioral health services;
            ``(3) educate families, peers, faculty, staff, and
        communities to increase awareness of mental health issues;
            ``(4) support student groups on campus that engage in
        activities to educate students, reduce stigma surrounding
        mental and behavioral disorders, and promote mental health
        wellness;
            ``(5) employ appropriately trained staff;
            ``(6) expand mental health training through internship,
        post-doctorate, and residency programs;
            ``(7) develop and support evidence-based and emerging best
        practices, including a focus on culturally and linguistically
        appropriate best practices; and
            ``(8) evaluate and disseminate best practices to other
        colleges and universities.
    ``(g) Duration of Grants.--A grant under this section shall be
awarded for a period not to exceed 3 years.
    ``(h) Evaluation and Reporting.--
            ``(1) Evaluation.--Not later than 18 months after the date
        on which a grant is received under this section, the eligible
        entity involved shall submit to the Secretary the results of an
        evaluation to be conducted by the entity concerning the
        effectiveness of the activities carried out under the grant and
        plans for the sustainability of such efforts.
            ``(2) Report.--Not later than 2 years after the date of
        enactment of this section, the Secretary shall submit to the
        appropriate committees of Congress a report concerning the
        results of--
                    ``(A) the evaluations conducted under paragraph
                (1); and
                    ``(B) an evaluation conducted by the Secretary to
                analyze the effectiveness and efficacy of the
                activities conducted with grants under this section.
    ``(i) Technical Assistance.--The Secretary may provide technical
assistance to grantees in carrying out this section.
    ``(j) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.

``SEC. 520E-4. MENTAL AND BEHAVIORAL HEALTH OUTREACH AND EDUCATION ON
              COLLEGE CAMPUSES.

    ``(a) Purpose.--It is the purpose of this section to increase
access to, and reduce the stigma associated with, mental health
services so as to ensure that college students have the support
necessary to successfully complete their studies.
    ``(b) National Public Education Campaign.--The Secretary, acting
through the Administrator and in collaboration with the Director of the
Centers for Disease Control and Prevention, shall convene an
interagency, public-private sector working group to plan, establish,
and begin coordinating and evaluating a targeted public education
campaign that is designed to focus on mental and behavioral health on
college campuses. Such campaign shall be designed to--
            ``(1) improve the general understanding of mental health
        and mental health disorders;
            ``(2) encourage help-seeking behaviors relating to the
        promotion of mental health, prevention of mental health
        disorders, and treatment of such disorders;
            ``(3) make the connection between mental and behavioral
        health and academic success; and
            ``(4) assist the general public in identifying the early
        warning signs and reducing the stigma of mental illness.
    ``(c) Composition.--The working group under subsection (b) shall
include--
            ``(1) mental health consumers, including students and
        family members;
            ``(2) representatives of colleges and universities;
            ``(3) representatives of national mental and behavioral
        health and college associations;
            ``(4) representatives of college health promotion and
        prevention organizations;
            ``(5) representatives of mental health providers, including
        community mental health centers; and
            ``(6) representatives of private- and public-sector groups
        with experience in the development of effective public health
        education campaigns.
    ``(d) Plan.--The working group under subsection (b) shall develop a
plan that shall--
            ``(1) target promotional and educational efforts to the
        college age population and individuals who are employed in
        college and university settings, including the use of
        roundtables;
            ``(2) develop and propose the implementation of research-
        based public health messages and activities;
            ``(3) provide support for local efforts to reduce stigma by
        using the National Mental Health Information Center as a
        primary point of contact for information, publications, and
        service program referrals; and
            ``(4) develop and propose the implementation of a social
        marketing campaign that is targeted at the college population
        and individuals who are employed in college and university
        settings.
    ``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.

SEC. 4. INTERAGENCY WORKING GROUP ON COLLEGE MENTAL HEALTH.

    (a) Purpose.--It is the purpose of this section, pursuant to
Executive Order 13263 (and the recommendations issued under section
6(b) of such Order), to provide for the establishment of a College
Campus Task Force under the Federal Executive Steering Committee on
Mental Health, to discuss mental and behavioral health concerns on
college and university campuses.
    (b) Establishment.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall establish a
College Campus Task Force (referred to in this section as the ``Task
Force''), under the Federal Executive Steering Committee on Mental
Health, to discuss mental and behavioral health concerns on college and
university campuses.
    (c) Membership.--The Task Force shall be composed of a
representative from each Federal agency (as appointed by the head of
the agency) that has jurisdiction over, or is affected by, mental
health and education policies and projects, including--
            (1) the Department of Education;
            (2) the Department of Health and Human Services;
            (3) the Department of Veterans Affairs; and
            (4) such other Federal agencies as the Administrator of the
        Substance Abuse and Mental Health Services Administration and
        the Secretary jointly determine to be appropriate.
    (d) Duties.--The Task Force shall--
            (1) serve as a centralized mechanism to coordinate a
        national effort--
                    (A) to discuss and evaluate evidence and knowledge
                on mental and behavioral health services available to,
                and the prevalence of mental health illness among, the
                college age population of the United States;
                    (B) to determine the range of effective, feasible,
                and comprehensive actions to improve mental and

                behavioral health on college and university campuses;
                    (C) to examine and better address the needs of the
                college age population dealing with mental illness;
                    (D) to survey Federal agencies to determine which
                policies are effective in encouraging, and how best to
                facilitate outreach without duplicating, efforts
                relating to mental and behavioral health promotion;
                    (E) to establish specific goals within and across
                Federal agencies for mental health promotion, including
                determinations of accountability for reaching those
                goals;
                    (F) to develop a strategy for allocating
                responsibilities and ensuring participation in mental
                and behavioral health promotions, particularly in the
                case of competing agency priorities;
                    (G) to coordinate plans to communicate research
                results relating to mental and behavioral health
                amongst the college age population to enable reporting
                and outreach activities to produce more useful and
                timely information;
                    (H) to provide a description of evidence-based best
                practices, model programs, effective guidelines, and
                other strategies for promoting mental and behavioral
                health on college and university campuses;
                    (I) to make recommendations to improve Federal
                efforts relating to mental and behavioral health
                promotion on college campuses and to ensure Federal
                efforts are consistent with available standards and
                evidence and other programs in existence as of the date
                of enactment of this Act; and
                    (J) to monitor Federal progress in meeting specific
                mental and behavioral health promotion goals as they
                relate to college and university settings;
            (2) consult with national organizations with expertise in
        mental and behavioral health, especially those organizations
        working with the college age population; and
            (3) consult with and seek input from mental health
        professionals working on college and university campuses as
        appropriate.
    (e) Meetings.--
            (1) In general.--The Task Force shall meet at least 3 times
        each year.
            (2) Annual conference.--The Secretary shall sponsor an
        annual conference on mental and behavioral health in college
        and university settings to enhance coordination, build
        partnerships, and share best practices in mental and behavioral
        health promotion, data collection, analysis, and services.
    (f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.

Summary: Mental Health on Campus Improvement Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to award grants to eligible institutions of higher education to improve mental and behavioral health services and outreach on college and university campuses. Directs the Secretary to give special consideration to programs that: (1) demonstrate the greatest need, (2) propose effective approaches for initiating or expanding campus services, (3) target underserved and at-risk populations. (4) coordinate with a community mental health center or other community mental health resources. (5) identify how the college or university will address psychiatric emergencies. And (6) demonstrate the greatest potential for replication and dissemination. Allows the Secretary to provide technical assistance to grantees. Requires the Secretary, acting through the Administrator, to convene an interagency, public-private sector working group to plan, establish, and begin coordinating and evaluating a targeted public education campaign that is designed to focus on mental and behavioral health on college campuses. Requires the Secretary to establish the College Campus Task Force to discuss mental and behavioral health concerns on college and university campuses.

To amend the Public Health Service Act to improve mental and behavioral health services on college campuses.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness and Accountability in
Reorganizations Act of 2006''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) it is becoming more common for corporations that file
        for bankruptcy protection under chapter 11 of title 11, United
        States Code, to ask for great sacrifices from workers,
        retirees, creditors, and former shareholders, while executives
        provide themselves with generous bonuses and other forms of
        lucrative compensation;
            (2) in the case of one company, an executive pay package
        for key employees would have given executives and managers
        $510,000,000 in compensation, while rank-and-file workers were
        asked to take large wage cuts or forced to lose their jobs;
            (3) decency requires that the highly paid not seek to
        enrich themselves on the backs of working families;
            (4) some bankruptcies involve companies with both foreign
        and domestic operations, and judges need to be able to evaluate
        the entirety of the operations when deciding whether sacrifices
        by American workers and retirees are necessary; and
            (5) there is a need for fairness and accountability and a
        new partnership for the future of the American workforce.

SEC. 3. EXECUTIVE COMPENSATION.

    Section 1129(a)(5) of title 11, United States Code, is amended--
            (1) in subparagraph (A)(ii), by striking ``and'' at the
        end; and
            (2) in subparagraph (B), by striking the period at the end
        and inserting the following:
 ``; and
            ``(C) the compensation disclosed pursuant to subparagraph
        (B) has been approved by, or is subject to the approval of, the
        court, as reasonable.''.

SEC. 4. LIMITATIONS ON COMPENSATION ENHANCEMENTS.

    Section 503(c) of title 11, United States Code, is amended--
            (1) in paragraph (1), by inserting ``, or for the payment
        of a performance, incentive, or other bonus, or any other
        compensation enhancement'' after ``remain with the debtor's
        business''; and
            (2) by striking paragraph (3) and inserting the following:
            ``(3) other transfers or obligations, whether or not
        outside of the ordinary course of business, to or for the
        benefit of officers, managers, or consultants retained by the
        debtor, before or after the filing of the petition, in the
        absence of a finding by the court based upon evidence in the
        record, and without deference to the debtor's request for such
        payments, that such transfers or obligations are essential to
        the survival of the business or (in the case of a liquidation
        of some or all of the debtors' assets) essential to the orderly
        liquidation and maximization of value of the assets of the
        debtor, in either case, because of the essential nature of the
        services provided, and then only to the extent that the court
        finds those transfers or obligations are reasonable under the
        circumstances of the case.''.

SEC. 5. TREATMENT OF FOREIGN AFFILIATES.

    (a) Collective Bargaining Agreements.--Section 1113(d) of title 11,
United States Code, is amended by adding at the end the following:
    ``(4) Foreign Affiliates.--In determining whether the proposal
required by subsection (b)(1) provides for those necessary
modifications in employee benefits and protections that are necessary
to permit the reorganization of the debtor and assures that all
creditors, the debtor, and all affected parties are treated fairly and
equitably, the court shall take into account the ongoing impact on the
debtor of the debtor's relationship with all subsidiaries and
affiliates, regardless of whether any such subsidiary or affiliate is
domestic or nondomestic, or whether any such subsidiary or affiliate is
a debtor entity.''.
    (b) Retiree Health Benefits.--Section 1114 of title 11, United
States Code, is amended by adding at the end the following:
    ``(n) Retiree Health Benefits; Foreign Affiliates.--In determining
whether the proposal required by subsection (f)(1)(A) provides for
those necessary modifications in retiree benefits that are necessary to
permit the reorganization of the debtor and assures that all creditors,
the debtor, and all affected parties are treated fairly and equitably,
the court shall take into account the ongoing impact on the debtor of
the debtor's relationship with all subsidiaries and affiliates,
regardless of whether any such subsidiary or affiliate is domestic or
nondomestic, or whether any such subsidiary or affiliate is a debtor
entity.''.

SEC. 6. EFFECTIVE DATE.

    Notwithstanding any other provision of law, the amendments made by
this Act shall apply to any case under chapter 11 of title 11, United
States Code, filed or pending on or after October 1, 2005.

Summary: Fairness and Accountability in Reorganizations Act of 2006 - Revises federal bankruptcy law to add to the conditions for court confirmation of a corporate reorganization plan that the compensation of an insider who will be employed or retained by the reorganized debtor has been approved by, or is subject to the approval of, the court, as reasonable. Prohibits the payment of a compensation enhancement in order to induce an insider of the debtor to remain with the debtor's business, unless the court finds that any transfers or obligations to or for the insider's benefit are essential to the survival of the business, or to the orderly liquidation and maximization of the value of the debtor's assets. Revises requirements for collective bargaining agreements and retiree health benefits to instruct the court to take into account the ongoing impact on the debtor of the debtor's relationship with all subsidiaries and affiliates, regardless of whether domestic or foreign, or whether any such subsidiary or affiliate is a debtor entity.

To amend title 11, United States Code, with respect to reform of executive compensation in corporate bankruptcies.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Syria Humanitarian Support and
Democratic Transition Assistance Act of 2012''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) In March 2011, peaceful demonstrations in Syria began
        against the authoritarian rule of Bashar al-Assad. The regime
        responded with terrible violence against the citizens of Syria,
        including the use of weapons of war, torture, extrajudicial
        killings, arbitrary executions, sexual violence, and
        interference with access to medical treatment.
            (2) In December 2011, the Government of Syria agreed to
        allow an Arab League observer group into the country to assess
        the humanitarian and political situation on the ground.
        However, on January 28, 2012, the League officially ended its
        observer mission, citing escalating violence and the
        intransigence of the Assad regime.
            (3) In February 2012, the group Friends of the Syrian
        People met in Tunis and issued a declaration demanding, among
        other things, that the Syrian regime ``allow free and unimpeded
        access by the UN and humanitarian agencies to carry out a full
        assessment of needs''.
            (4) On March 16, 2012, United Nations and League of Arab
        States Special Envoy Kofi Annan presented a six-point peace
        plan for Syria that called on the Government of Syria to, among
        other things--
                    (A) commit to stop the fighting and urgently
                achieve a United Nations-supervised cessation of
                violence;
                    (B) cease military activity in and around civilian
                population centers;
                    (C) work with the Envoy in an inclusive Syrian-led
                political process;
                    (D) ensure timely provision of humanitarian
                assistance;
                    (E) release arbitrarily detained persons;
                    (F) ensure freedom of movement for journalists; and
                    (G) respect the freedom of association and the
                right to demonstrate peacefully.
            (5) In March 2012, the United Nations Refugee Agency
        (UNHCR) appealed for $84,100,000 to assist approximately 30,000
        Syrian refugees living outside the country. Panos Moumtzis was
        appointed Regional Refugee Coordinator for Syria by UNHCR,
        indicating the importance of responding to the growing needs of
        Syrian refugees.
            (6) In April 2012, the group Friends of the Syrian People
        met in Istanbul and committed to increase pressure on the Assad
        regime, provide greater humanitarian relief to people in need,
        and support the Syrian opposition as it works toward an
        inclusive democratic transition.
            (7) As of July 2012, the London-based Syrian Observatory
        for Human Rights estimated that more than 20,000 people have
        been killed as a result of the violence in Syria, while the
        United Nations has reportedly stopped keeping track of casualty
        numbers due to the difficulty in obtaining accurate information
        from inside Syria.
            (8) As a result of the violence, the United Nations
        estimates that 1,500,000 people are in need of humanitarian
        assistance, including access to food, water, shelter, and
        medical care. Basic services such as health care, education,
        and electricity have also been cut off in some parts of the
        country.
            (9) Syria faces growing food insecurity, as wheat harvests
        have declined due to drought. The United Nations expects aid
        agencies to provide food aid to 850,000 Syrians in July 2012,
        up from 500,000 the previous month.
            (10) Hundreds of thousands of Syrians have fled the country
        due to escalating violence. According to the United Nations,
        there are more than 100,000 Syrian refugees registered in
        Lebanon, Turkey, Jordan, and Iraq, and even more who are
        unregistered. According to the Syrian Arab Red Crescent,
        hundreds of thousands of Syrians are displaced within the
        country. More than three-quarters of refugees and internally
        displaced persons are women and children, who are particularly
        vulnerable to economic and physical insecurity.
            (11) In June 2012, UNHCR more than doubled its appeal for
        assistance for Syrian refugees to $193,000,000, reflecting the
        significant increase in the number of refugees in need of
        assistance.
            (12) The United Nations requested an additional
        $189,000,000 to meet humanitarian needs inside Syria. According
        to a United Nations spokesperson, only about 20 percent of
        these appeals have been funded. In July 2012, John Ging,
        Director of Operations for the United Nations Office for the
        Coordination of Humanitarian Affairs, said, ``If we don't get
        more money, people will die.''
            (13) The United Nations Children's Fund (UNICEF) issued an
        urgent appeal for $20,000,000 to meet the emergency needs of
        children and young people who have fled the violence in Syria.
        UNICEF estimates that it will need to provide humanitarian
        support and basic services to approximately 90,000 Syrian
        children between July and December 2012. As of July 2012,
        UNICEF has received less than $6,000,000 to provide support and
        protection to the most vulnerable victims of the crisis in
        Syria.
            (14) An agreement between the United Nations and the Syrian
        regime to facilitate the delivery of humanitarian assistance in
        the country has allowed aid workers greater access to victims
        of the conflict. However, staff of the International Committee
        of the Red Cross and the Syrian Arab Red Crescent cite security
        concerns as a major obstacle to aid distribution. The
        Government of Syria is also refusing to grant visas for aid
        workers from countries that have criticized the regime,
        including the United States, Canada, the United Kingdom, and
        France.
            (15) In July 2012, Human Rights Watch reported widespread
        torture and mistreatment of political prisoners being held in
        detention facilities managed by intelligence agencies of the
        Government of Syria. The report cites overcrowding, denial of
        adequate food and medical assistance, and the routine use of a
        wide range of torture methods. The report also raised concerns
        that authorities in Syria could choose to kill detainees rather
        than allow them to be released in the event of a political
        transition.
            (16) As of July 2012, the United States Government has
        pledged $52,000,000 in humanitarian and non-lethal assistance
        to Syria.
            (17) According to the Unclassified Report to Congress on
        the Acquisition of Technology Relating to Weapons of Mass
        Destruction and Advanced Conventional Munitions Covering 1
        January to 31 December 2011, ``Syria has had a [chemical
        weapons] program for many years and has a stockpile of CW
        agents, which can be delivered by aerial bombs, ballistic
        missiles, and artillery rockets.'' In a hearing before the
        Committee on Armed Services of the Senate in March 2012,
        Chairman of the Joint Chiefs of Staff General Martin Dempsey
        testified that the magnitude of Syria's chemical weapons
        arsenal was ``100 times more than we experienced in Libya''.
        The Government of Syria's stockpiles are thought to include
        mustard, sarin, and VX gases.
            (18) There are concerns about the existence of numerous
        rebel militias and their role in Syria during a post-transition
        period. On June 30, 2012, during an international meeting on
        Syria in Geneva, Special Envoy Kofi Annan said, ``A transition
        must be implemented in a climate of safety for all, stability
        and calm, including completion of withdrawals and the
        disarming, demobilization and reintegration of armed groups.''

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to strongly condemn the ongoing violence and widespread
        human rights violations perpetrated against the Syrian people
        by the regime of President Bashar al-Assad;
            (2) to promote the protection of civilians and innocent
        victims of the conflict in Syria, particularly women and
        children who are displaced and vulnerable to physical
        exploitation;
            (3) to assist the people of Syria in meeting basic needs,
        including access to food, health care, shelter, and clean
        drinking water;
            (4) to support efforts of democratically oriented political
        opposition groups in Syria to agree upon a political transition
        plan that is inclusive and reflects the democratic aspirations
        of all minority ethnic groups in the country;
            (5) to work with the international community, including
        multilateral organizations and host countries, to support
        Syrian refugees living in Lebanon, Turkey, Jordan, and Iraq;
            (6) to support efforts to identify, recover, and dispose of
        chemical weapons and other conventional and unconventional
        weapons stockpiled in Syria; and
            (7) to help ensure that, once a stable transitional
        government is established in Syria, it is committed to
        multiparty democracy, open and transparent governance, respect
        for human rights and religious freedom, promoting peace and
        stability with its neighbors, enhancing the rule of law, and
        rehabilitating and reintegrating former combatants.

SEC. 4. SPECIAL ENVOY FOR SYRIA.

    (a) Appointment of Special Envoy.--Not later than 30 days after the
date of the enactment of this Act, the President shall appoint a
Special Envoy for Syria to coordinate United States engagement with the
country and to ensure that the United States Government supports
efforts to bring about a democratic transition in Syria.
    (b) Duties.--The Special Envoy for Syria should be given a clear
mandate--
            (1) to direct United States Government efforts to provide
        assistance to civilians and innocent victims of the conflict in
        Syria;
            (2) to provide detailed assessments of challenges and
        progress on the ground in Syria with regard to providing
        humanitarian relief, supporting an inclusive political
        transition, assisting internally displaced persons and
        refugees, reintegrating former combatants, and securing
        conventional and unconventional weapons; and
            (3) to pursue a peaceful, inclusive democratic future for
        Syria that protects the rights of all ethnic and religious
        minorities.
    (c) Staffing and Resources.--The Special Envoy for Syria should be
provided with appropriate resources, including adequate staffing in the
region and in Washington, District of Columbia.

SEC. 5. BILATERAL ASSISTANCE TO SYRIA.

    (a) Authority.--The President should--
            (1) provide enhanced support for humanitarian activities
        taking place in and outside Syria, including the provision of
        food, water, and medical supplies;
            (2) support efforts for a peaceful resolution of the
        conflict in Syria as well as the establishment of an inclusive
        representative form of government in Syria;
            (3) continue to encourage the participation of all groups,
        including women, business leaders, civil society organizations,
        traditional and religious leaders, and minority groups in
        efforts for a peaceful resolution of the conflict and political
        transition in Syria;
            (4) encourage the Arab League and other international
        bodies to insist that transitional and future governments are
        committed to multiparty democracy, open and transparent
        governance, respect for human rights and religious freedom,
        ending the violence throughout the country, promoting peace and
        stability with Syria's neighbors, enhancing the rule of law and
        combating corruption, and rehabilitating and reintegrating
        former combatants;
            (5) contribute to future capacity building for governing
        institutions after a political transition takes place in Syria;
        and
            (6) support post-transition efforts, including programs for
        demobilizing and reintegrating former combatants.
    (b) Funding.--
            (1) Fiscal years 2013 and 2014.--Of the amounts made
        available to carry out the Foreign Assistance Act of 1961 (22
        U.S.C. 2151 et seq.) for fiscal years 2013 and 2014, such sums
        as may be necessary should be allocated for bilateral
        assistance programs in Syria.
            (2) Future funding.--It is the sense of Congress that the
        Department of State should submit a budget request for fiscal
        year 2014 that contains an appropriate increase in bilateral
        and multilateral assistance for Syria based on progress by the
        Government of Syria toward accomplishing the policy objectives
        described in section 3.
            (3) Availability.--Amounts appropriated pursuant to the
        authorization of appropriations under paragraphs (1) and (2)--
                    (A) are authorized to remain available until
                expended; and
                    (B) are in addition to funds otherwise available
                for such purposes.
    (c) Coordination With Other Donor Nations.--The United States
should work with other donor nations, on a bilateral and multilateral
basis, to increase international contributions to the people of Syria
and accomplish the policy objectives described in section 3.

SEC. 6. INCREASING CONTRIBUTIONS AND OTHER HUMANITARIAN AND DEVELOPMENT
              ASSISTANCE THROUGH INTERNATIONAL ORGANIZATIONS.

    The President should instruct the United States permanent
representative or executive director, as the case may be, to the United
Nations voluntary agencies, including the World Food Program, the
United Nations Development Program, and the United Nations High
Commissioner for Refugees, and other appropriate international
organizations to use the voice and vote of the United States to support
additional humanitarian and development assistance for the people of
Syria in order to accomplish the policy objectives described in section
3.

SEC. 7. INCREASING BILATERAL ASSISTANCE TO COUNTRIES THAT HOST SYRIAN
              REFUGEES.

    (a) Authority.--The President should increase bilateral funding to
countries, including Iraq, Jordan, Turkey, and Lebanon, that have
experienced an influx of refugees from Syria.
    (b) Funding for Fiscal Years 2013 and 2014.--Of the amounts made
available to carry out the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) for fiscal years 2013 and 2014, such sums as may be
necessary should be allocated for bilateral refugee assistance programs
in the countries surrounding Syria.

SEC. 8. COORDINATION OF INTERNATIONAL ASSISTANCE FOR SYRIA.

    (a) Establishment.--Not later than 30 days after the date of the
enactment of this Act, the President shall instruct the Secretary of
State to work with the appropriate United Nations agencies, regional
organizations, nongovernmental organizations, and the broader
international community to establish an international donors group to
maximize resources and efficiently provide humanitarian assistance to
the people of Syria.
    (b) Purpose.--The purpose of the donors group shall be to
coordinate resources for the following activities in Syria and the
region:
            (1) Providing humanitarian relief to civilians impacted by
        the violence in Syria and Syrian refugees in surrounding
        countries.
            (2) Supporting inclusive post-transitional governance and
        the establishment of the rule of law.
            (3) Supporting disarmament, demobilization, and
        reintegration of combatants and members of militias.
    (c) Annual Report.--The Department of State shall submit a report
on the specific programs, projects, and activities carried out by the
donors group during the preceding year, including an evaluation of the
results of such programs, projects, and activities.

SEC. 9. SECURING UNCONVENTIONAL WEAPONS IN SYRIA.

    (a) Transition Plan.--The United States should work with regional
partners to develop a plan, to be implemented in the event of a
political transition, to--
            (1) identify and secure conventional and unconventional
        weapons stockpiles in Syria;
            (2) recover and dispose of all unconventional weapons
        stockpiled in Syria, with particular attention to chemical
        weapons; and
            (3) prevent the illicit sale or transfer of conventional
        and unconventional weapons out of Syria in order to preclude
        regional weapons proliferation.
    (b) Sense of Congress.--It is the sense of Congress that the
Department of State should submit a budget request for fiscal year 2014
that contains an increase in bilateral nonproliferation, demining, and
anti-terrorism assistance for Syria toward accomplishing the policy
objectives described in this section.

SEC. 10. REPORT ON HUMANITARIAN AND STABILIZATION EFFORTS IN SYRIA.

    Not later than 60 days after the date of the enactment of this Act,
and annually thereafter, the President shall submit to Congress a
detailed report on the implementation of this Act, including a
description of--
            (1) progress made as a result of humanitarian and
        stabilization efforts, including refugee assistance in Syria;
            (2) progress made toward establishing an inclusive,
        democratic government that protects the rights of all Syrians;
        and
            (3) key challenges, gaps, and obstacles to further
        enhancing stability and peace in Syria, including between Syria
        and its neighbors.

Summary: Syria Humanitarian Support and Democratic Transition Assistance Act of 2012 - Directs the President to appoint a Special Envoy for Syria to coordinate US engagement with the country and to ensure US support for efforts to bring about a democratic transition in Syria. Urges the President to: (1) support humanitarian activities taking place in and outside Syria, (2) support efforts for a peaceful resolution of the conflict in Syria, and (3) contribute to future capacity building for governing institutions after a political transition takes place in Syria. Urges: (1) the allocation of funding for bilateral assistance programs in Syria. And (2) the United States to work with other donor nations to increase international contributions for the people of Syria. (3) the President to increase bilateral funding to countries, including Iraq, Jordan, Turkey, and Lebanon, that have experienced an influx of Syrian refugees. And (4) the United States to work with regional partners to secure conventional and unconventional weapons stockpiles in Syria and prevent their illicit sale or transfer out of Syria. Directs the President to instruct the Secretary of State to work with the appropriate United Nations (U. N.) agencies, regional organizations, nongovernmental organizations, and the broader international community to establish an international donors group to provide humanitarian assistance for the people of Syria.

A bill to provide humanitarian assistance and support a democratic transition in Syria, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protection from Sexual Predators Act
of 1997''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) rape and sexual assaults continue to be serious threats
        to the safety of communities across America;
            (2) sexual offenders are much more likely than any other
        category of criminals to repeat their crimes again and again,
        even after serving time in prison;
            (3) the average rape sentence is just 10\1/2\ years, and
        the average time served is half of that, approximately 5 years;
        and
            (4) repeat sexual offenders frequently strike in more than
        one State and, while States have primary responsibility for the
        prosecution of sexual offenders, the option of Federal
        prosecution provides a needed additional tool to safeguard
        communities victimized by these individuals.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) States should more seriously consider the relatively
        high recidivism rate of sexual offenders when deciding whether
        to plea bargain with a first-time sexual offender and whether
        to grant parole to sexual offenders; and
            (2) States should review their treatment and parole
        supervision programs for sexual offenders to assure that these
        programs are fulfilling their goals, and, if they are not,
        these programs should be immediately replaced or abandoned.

SEC. 3. FEDERAL JURISDICTION OVER RAPE AND SEXUAL ASSAULT CASES.

    Section 2241 of title 18, United States Code, is amended by adding
at the end the following:
    ``(e) Punishment for Sexual Predators.--(1) Whoever, in a
circumstance described in paragraph (2) of this subsection--
            ``(A) violates this section; or
            ``(B) engages in conduct that would violate this section,
        if the conduct had occurred in the special maritime and
        territorial jurisdiction of the United States, and--
                    ``(i) that conduct is in interstate or foreign
                commerce;
                    ``(ii) the person engaging in that conduct crossed
                a State line with intent to engage in the conduct; or
                    ``(iii) the person engaging in that conduct
                thereafter engages in conduct that is a violation of
                section 1073(1) with respect to an offense that
                consists of the conduct so engaged in;
shall be imprisoned for life.
    ``(2) The circumstance referred to in paragraph (1) of this
subsection is that the defendant has previously been convicted of
another State or Federal offense for conduct which--
            ``(A) is an offense under this section or section 2242 of
        this title; or
            ``(B) would have been an offense under either of such
        sections if the offense had occurred in the special maritime or
        territorial jurisdiction of the United States.''.

SEC. 4. ADDITIONAL CONDITION FOR TRUTH IN SENTENCING GRANTS.

    Section 20104 of the Violent Crime Control and Law Enforcement Act
of 1994 is amended by adding at the end the following:
    ``(c) Additional Requirement.--A State is not eligible for a grant
under this section unless such State has provided assurances to the
Attorney General that such State has in effect laws which allow the
court to impose a sentence of life in prison without parole on a
defendant in a criminal case who is convicted of a State offense for
conduct that--
            ``(1) is an offense under section 2241 or 2242 of title 18,
        United States Code; or
            ``(2) would have been an offense under either of such
        sections if the offense had occurred in the special maritime or
        territorial jurisdiction of the United States;
after having previously been convicted of another State or Federal
offense for conduct that was an offense described in paragraph (1) or
(2).''.

SEC. 5. STUDY OF PERSISTENT SEXUAL PREDATORS.

    The National Institute of Justice, either directly or through
grant, shall carry out a study of persistent sexual predators. Not
later than one year after the date of the enactment of this Act, such
Institute shall report to Congress and the President the results of
such study. Such report shall include--
            (1) a synthesis of current research in psychology,
        sociology, law, criminal justice, and other fields regarding
        persistent sexual offenders, including--
                    (A) common characteristics of such offenders;
                    (B) recidivism rates for such offenders;
                    (C) treatment techniques and their effectiveness;
                    (D) responses of offenders to treatment and
                deterrence; and
                    (E) the possibility of early intervention to
                prevent people from becoming sexual predators; and
            (2) an agenda for future research in this area.

Summary: Protection from Sexual Predators Act of 1997 - Expresses the sense of the Congress that States should: (1) more seriously consider the relatively high recidivism rate of sexual offenders when deciding whether to plea bargain with or grant parole to sexual offenders. And (2) review treatment and parole supervision programs for sexual offenders to assure that such programs are fulfilling their goals. Amends the Federal criminal code to provide that whoever violates provisions regarding aggravated sexual abuse after previously having been convicted of another State or Federal sexual abuse offense shall be imprisoned for life. Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for a truth in sentencing incentive grant, to provide assurances to the Attorney General that such State has in effect laws which allow the court to impose a sentence of life in prison without parole on a defendant in a criminal case who is convicted of a State offense for conduct which is a sexual abuse or aggravated sexual abuse offense under the Federal criminal code after having previously been convicted of another State or Federal sexual abuse or aggravated sexual abuse offense. Requires the National Institute of Justice to carry out a study of persistent sexual predators and to report to the Congress and the President.


SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Reducing Special
Education Through Prevention Act''.

SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

    (a) In General.--Part D of the Individuals with Disabilities
Education Act (20 U.S.C. 1451 et seq.) is amended by adding at the end
the following:

``Subpart 3--Grants To Improve School-Based Early Intervention Services
                for Children With Emotional Disturbances

``SEC. 691. FINDINGS; PURPOSE.

    ``(a) Findings.--Congress finds the following:
            ``(1) During 2002-2001 approximately 472,932 children
        between the ages of 6 and 21 who were receiving special
        education and related services were identified as having
        emotional disturbances--a 21.8 percent increase from the number
        of such children so identified during 1990-1991. These children
        with emotional disturbances represent 7.7 percent of the total
        number of children with disabilities and approximately 1
        percent of the general population of the United States.
            ``(2) It is estimated that up to 19 percent of the total
        number of students in elementary and secondary schools in the
        United States exhibit symptoms of emotional disturbance or
        symptoms of other mental health conditions, but only 1 percent
        of such students are properly identified as such and receive
        necessary services. These students fail more classes, miss more
        days of school, have lower grades, are more frequently retained
        at the same grade level for more than 1 school year, drop out
        from school more frequently, and have lower graduation rates
        than do other students with disabilities.
            ``(3) At the Conference on Children's Mental Health in
        September 2000, the Surgeon General stated that `[c]hildren and
        families are suffering because of missed opportunities for
        prevention and early identification [of children with emotional
        disturbances], fragmented services, and low priorities for
        resources'.
            ``(4) Goal Number 3 of the Conference on Children's Mental
        Health Report is to improve the assessment and recognition of
        the mental health needs of children, including through the
        following actions:
                    ``(A) Encourage early identification of mental
                health needs in existing preschool, childcare,
                education, health, welfare, juvenile justice, and
                substance abuse treatment systems.
                    ``(B) Promote cost-effective, proactive systems of
                behavior support at the school level. These systems of
                behavior support should emphasize universal, primary
                prevention methods that recognize the unique
differences of all children and youth, but should include selective
individual student support for those students with more intense and
long-term needs.
            ``(5) Improving outcomes for children with emotional
        disturbances depends not only on improving the learning
        opportunities of such children, but also on promoting effective
        coordination among schools, families, and systems that provide
        services for such children, such as the social services,
        health, mental health, child welfare, and juvenile justice
        systems. Positive results of such coordination include
        increased retention in school, improved educational outcomes,
        and the cognitive, emotional, and behavioral development of
        such children.
            ``(6) Increased academic performance, improved attendance,
        increased engagement in academic activities, and fewer
        disruptions to the learning environment are a few of the many
        positive outcomes documented when systems that provide services
        for children with emotional disturbances include a continuum of
        services such as prevention, early intervention at the first
        indication of a mental health problem or behavioral difficulty
        of a child, and treatment of severe and chronic mental health
        problems.
            ``(7) Surveys of school administrators indicate that
        behavioral problems, lack of discipline, safety of students,
        and violence in schools are among top concerns with respect to
        public education today. Teachers spend inordinate amounts of
        time and energy during the school day managing student
        misbehavior and conflict--time and energy that could be spent
        on teaching and learning.
            ``(8) Effective early intervention strategies to reduce the
        number of children who have, or who are at risk of developing,
        emotional disturbances currently exist. As the National Academy
        of Sciences concluded in its 2002 report ``Minority Students in
        Special and Gifted Education'', early intervention for children
        at risk of behavorial problems ``has been demonstrated to be
        considerably greater than the effectiveness of later,
        postfailure intervention''.
    ``(b) Purpose.--The purpose of this subpart is to develop and
implement strategies to reduce the number of children who have, or who
are at risk of developing, emotional disturbances that require the
provision of special education and related services under this Act.

``SEC. 692. AUTHORIZATION.

    ``(a) In General.--The Secretary is authorized to make grants for a
three-year period to State educational agencies and local educational
agencies to develop and implement effective strategies to reduce the
number of children who have, or who are at risk of developing,
emotional disturbances that require the provision of special education
and related services under this Act.
    ``(b) Priority.--In making grants under subsection (a), the
Secretary shall give priority to State educational agencies and local
educational agencies that agree to provide additional annual reports to
the Secretary in accordance with section 697 after completion of the
term of the grant.

``SEC. 693. APPLICATION.

    ``(a) In General.--A State educational agency or local educational
agency that desires to receive a grant under this subpart shall submit
to the Secretary an application at such time, in such manner, and
including such information as the Secretary may require.
    ``(b) Contents.--The application shall include the following:
            ``(1) A description of a plan, developed in consultation
        with families of children who will be eligible to participate
        in activities carried out under this subpart, teachers, and
        mental health and related service providers, to carry out
        activities under the grant.
            ``(2) A description of prevention and early intervention
        services provided to date in schools with respect to which
        activities under a grant under this subpart are proposed to be
        carried out.
            ``(3) A description of the outcome measures that will be
        used to demonstrate the effectiveness of activities carried out
        to achieve the purpose of this subpart and to comply with the
        requirements of paragraphs (4) and (5) of section 694(b).
            ``(4) A description of the funding structure of amounts
        received under a grant under this subpart, including a detailed
        description for compliance with the matching requirement under
        section 695.
            ``(5) Assurances that activities carried out under this
        subpart will be culturally competent.
            ``(6) Assurances that amounts received under a grant under
        this subpart will be used to supplement and not supplant
        amounts from other sources to carry out activities consistent
        with the purpose of this subpart.

``SEC. 694. USE OF AMOUNTS.

    ``(a) In General.--A State educational agency or local educational
agency, as the case may be, that receives a grant under this subpart
may use amounts received under the grant to carry out activities that
are consistent with the purpose of this subpart, including the
following activities:
            ``(1) Universal, primary prevention strategies at the
        school level to reduce the number of children who have, or who
        are at risk of developing, emotional disturbances that require
        the provision of special education and related services under
        this Act.
            ``(2) Early intervention services and individual support
        for children who have, or who are at risk of developing,
        emotional disturbances and who are not currently provided
        services pursuant to part B of this Act.
            ``(3) Effective coordination among schools, families, and
        systems that provide services for such children, such as the
        social services, health, mental health, child welfare, and
        juvenile justice systems.
            ``(4) Training of staff and professional development with
        respect to prevention and early intervention strategies.
    ``(b) Additional Requirements.--In carrying out the activities
described in subsection (a), the agency shall--
            ``(1) coordinate such activities with appropriate social
        services providers, health (including mental health) providers,
        child welfare organizations, and juvenile justice
        organizations;
            ``(2) ensure that a sufficient number of children are
        provided services in order to produce results that are
        measurable and reliable under evaluations of such activities
        conducted pursuant to section 698;
            ``(3) ensure that not more than 5 percent of the amount of
        a grant is used for administrative expenses, including expenses
        related to the collection of data;
            ``(4) ensure that such activities do not adversely affect
        school attendance, dropout rates, classroom behavior, academic
        achievement, or the general welfare of students who receive
        special education and related services;
            ``(5) ensure that such activities do not result in
        increased segregation of students receiving special education
        classes from students in the general education program or
        curriculum of the school; and
            ``(6) ensure that such activities are culturally competent
        and are evidenced-based.

``SEC. 695. MATCHING REQUIREMENT.

    ``The Secretary may not make a grant to a State educational agency
or local educational agency under this subpart unless the agency agrees
that, with respect to the costs to be incurred in carrying out the
activities for which the grant was awarded, the agency will make
available non-Federal contributions in an amount equal to not less than
35 percent of such costs for the first year of the grant, 50 percent of
such costs for the second year of the grant, and 65 percent of such
costs for the third year of the grant.

``SEC. 696. ADMINISTRATIVE EXPENSES.

    The Secretary may reserve not more than 10 percent of the amount
made available to carry out this subpart for a fiscal year for
administrative expenses in carrying out this subpart, including
expenses relating to the evaluation conducted under section 698.

``SEC. 697. REPORTS TO SECRETARY.

    ``A State educational agency or local educational agency that
receives a grant under this subpart shall submit annually to the
Secretary a report that contains such information as the Secretary may
reasonably require, including a description of the collection of data
by the agency to ensure compliance with the requirements of this
subpart (particularly the requirements contained in paragraphs (4) and
(5) of section 694(b)).

``SEC. 698. EVALUATIONS.

    ``The Secretary shall, directly or through grants, contracts, or
cooperative agreements, conduct evaluations of activities established
and carried out under grants made under this subpart.

``SEC. 699. REPORTS TO CONGRESS.

    ``The Secretary shall submit annually to Congress a report that
contains the following:
            ``(1) A summary and analysis of the data in the reports
        submitted to the Secretary under section 697.
            ``(2) A summary of the evaluations conducted under section
        698.

``SEC. 699A. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this subpart
such sums as may be necessary for each of the fiscal years 2003 through
2007.''.
    (b) Conforming Amendment.--The table of contents of the Individuals
with Disabilities Education Act (20 U.S.C. 1400(b)) is amended by
adding at the end the following:

``subpart 3--grants to improve school-based early intervention services
                for children with emotional disturbances
``Sec. 691. Findings; purpose.
``Sec. 692. Authorization.
``Sec. 693. Application.
``Sec. 694. Use of amounts.
``Sec. 695. Matching requirement.
``Sec. 696. Administrative expenses.
``Sec. 697. Reports to Secretary.
``Sec. 698. Evaluations.
``Sec. 699. Reports to Congress.
``Sec. 699A. Authorization of appropriations.

Summary: Reducing Special Education Through Prevention Act - Amends the Individuals with Disabilities Education Act (IDEA) to establish a program of grants to improve school-based early intervention services for children with emotional disturbances. Authorizes the Secretary of Education to make program grants to State or local educational agencies to develop and implement strategies to reduce the number of children who have, or who are at risk of developing, emotional disturbances that require special education and related services under IDEA. Includes among authorized activities: (1) universal, primary prevention strategies at the school level. (2) early intervention services and individual support for such children who are not currently served under IDEA, (3) coordination among schools, families, and other service provider systems, and (4) staff training and professional development.

To amend the Individuals with Disabilities Education Act to develop and implement strategies to reduce the number of children who have, or who are at risk of developing, emotional disturbances that require the provision of special education and related services under that Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Support Assurance Act of
1994''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) the number of single-parent households has increased
        significantly;
            (2) there is a high correlation between childhood poverty
        and growing up in a single-parent household;
            (3) family dissolution often brings the economic
        consequence of a lower standard of living for the custodian and
        children;
            (4) children are nearly twice as likely to be in poverty
        after a family dissolution as before a family dissolution;
            (5) one-fourth of the single mothers who are owed child
        support receive none and another one-fourth of such mothers
        receive only partial child support payments;
            (6) single mothers above and below the poverty line are
        equally likely to receive none of the child support they are
        owed; and
            (7) the failure of children to receive an adequate level of
        child support limits the ability of such children to thrive and
        to develop their potential and leads to long-term societal
        costs in terms of health care, welfare, and loss in labor force
        productivity.
    (b) Purpose.--It is the purpose of this Act to enable participating
States to establish child support assurance systems in order to improve
the economic circumstances of children who do not receive a minimum
level of child support from the noncustodial parents of such children
and to strengthen the establishment and enforcement of child support
awards. The child support assurance approach is structured on a
demonstration basis in order to implement and evaluate different
options with respect to the provision of intensive support services and
mechanisms for administering the program on a national basis.

SEC. 3. ESTABLISHMENT OF CHILD SUPPORT ASSURANCE DEMONSTRATION
              PROJECTS.

    (a) In General.--In order to encourage States to provide a
guaranteed minimum level of child support for every eligible child not
receiving such support, the Secretary of Health and Human Services
(hereafter in this section referred to as the ``Secretary'') shall make
grants to not more than 6 States to conduct demonstration projects for
the purpose of establishing or improving a system of assured minimum
child support payments in accordance with this section.
    (b) Contents of Application.--An application for grants under this
section shall be submitted by the Governor of a State and shall--
            (1) contain a description of the proposed child support
        assurance project to be established, implemented, or improved
        using amounts provided under this section, including the level
        of the assured benefit to be provided, the specific activities
        to be undertaken, and the agencies that will be involved;
            (2) specify whether the project will be carried out
        throughout the State or in limited areas of the State;
            (3) estimate the number of children who will be eligible
        for assured minimum child support payments under the project,
        and the amounts to which they will be entitled on average as
        individuals and in the aggregate;
            (4) describe the child support guidelines and review
        procedures which are in use in the State and any expected
        modifications;
            (5) contain a commitment by the State to carry out the
        project during a period of not less than 3 and not more than 5
        consecutive fiscal years beginning with fiscal year 1996;
            (6) contain assurances that the State--
                    (A) is currently at or above the national median
                paternity establishment rate (as defined in section
                452(g)(2) of the Social Security Act),
                    (B) will improve the performance of the agency
                designated by the State to carry out the requirements
                under part D of title IV of the Social Security Act by
                at least 4 percent each year in which the State
                operates a child support assurance project under this
                section in--
                            (i) the number of cases in which paternity
                        is established when required;
                            (ii) the number of cases in which child
                        support orders are obtained; and
                            (iii) the number of cases with child
                        support orders in which collections are made;
                        and
                    (C) to the maximum extent possible under current
                law, will use Federal, State, and local job training
                assistance to assist individuals who have been
                determined to be unable to meet such individuals' child
                support obligations;
            (7) describe the extent to which multiple agencies,
        including those responsible for administering the Aid to
        Families With Dependent Children Program under part A of title
        IV of the Social Security Act and child support collection,
        enforcement, and payment under part D of such title, will be
        involved in the design and operation of the child support
        assurance project; and
            (8) contain such other information as the Secretary may
        require by regulation.
    (c) Use of Funds.--A State shall use amounts provided under a grant
awarded under this section to carry out a child support assurance
project designed to provide a minimum monthly child support benefit for
each eligible child in the State to the extent that such minimum child
support is not paid in a month by the noncustodial parent.
    (d) Requirements.--(1) A child support assurance project funded
under this section shall provide that--
            (A) any child (as defined in paragraph (2)) with a living
        noncustodial parent for whom a child support order has been
        sought (as defined in paragraph (3)) or obtained and any child
        who meets ``good cause'' criteria for not seeking or enforcing
        a support order is eligible for the assured child support
        benefit;
            (B) the assured child support benefit shall be paid
        promptly to the custodial parent at least once a month and
        shall be--
                    (i) an amount determined by the State which is--
                            (I) not less than $1,500 per year for the
                        first child, $1,000 per year for the second
                        child, and $500 per year for the third and each
                        subsequent child, and
                            (II) not more than $3,000 per year for the
                        first child and $1,000 per year for the second
                        and each subsequent child;
                    (ii) offset and reduced to the extent that the
                custodial parent receives child support in a month from
                the noncustodial parent;
                    (iii) indexed and adjusted for inflation; and
                    (iv) in the case of a family of children with
                multiple noncustodial parents, calculated in the same
                manner as if all such children were full siblings, but
                any child support payment from a particular
                noncustodial parent shall only be applied against the
                assured child support benefit for the child or children
                of that particular noncustodial parent;
            (C) for purposes of determining the need of a child or
        relative and the level of assistance, one-half of the amount
        received as a child support payment shall be disregarded from
        income until the total amount of child support and Aid to
        Families With Dependent Children benefit received under part A
        of title IV of the Social Security Act equals the Federal
        poverty level for a family of comparable size;
            (D) in the event that the family as a whole becomes
        ineligible for Aid to Families With Dependent Children under
        part A of the Social Security Act due to consideration of
        assured child support benefits, the continuing eligibility of
        the caretaker for Aid to Families With Dependent Children under
        such title shall be calculated without consideration of the
        assured child support benefit; and
            (E) in order to participate in the child support assurance
        project, the child's caretaker shall apply for services of the
        State's child support enforcement program under part D of title
        IV of the Social Security Act.
    (2) For purposes of this section, the term ``child'' means an
individual who is of such an age, disability, or educational status as
to be eligible for child support as provided for by the law of the
State in which such individual resides.
    (3) For purposes of this section, a child support order shall be
deemed to have been ``sought'' where an individual has applied for
services from the State agency designated by the State to carry out the
requirements of part D of title IV of the Social Security Act or has
sought a child support order through representation by private or
public counsel or pro se.
    (e) Consideration and Priority of Applications.--(1) The Secretary
shall consider all applications received from States desiring to
conduct demonstration projects under this section and shall approve not
more than 6 applications which appear likely to contribute
significantly to the achievement of the purpose of this section. In
selecting States to conduct demonstration projects under this section,
the Secretary shall--
            (A) ensure that the applications selected represent a
        diversity of minimum benefits distributed throughout the range
        specified in subsection (d)(1)(B)(i);
            (B) consider the geographic dispersion and variation in
        population of the applicants;
            (C) give priority to States the applications of which
        demonstrate--
                    (i) significant recent improvements in--
                            (I) establishing paternity and child
                        support awards,
                            (II) enforcement of child support awards,
                        and
                            (III) collection of child support payments;
                    (ii) a record of effective automation; and
                    (iii) that efforts will be made to link child
                support systems with other service delivery systems;
            (D) ensure that the proposed projects will be of a size
        sufficient to obtain a meaningful measure of the effects of
        child support assurance;
            (E) give priority, first, to States intending to operate a
        child support assurance project on a statewide basis, and,
        second, to States that are committed to phasing in an expansion
        of such project to the entire State, if interim evaluations
        suggest such expansion is warranted; and
            (F) ensure that, if feasible, the States selected use a
        variety of approaches for child support guidelines.
    (2) Of the States selected to participate in the demonstration
projects conducted under this section, the Secretary shall require, if
feasible--
            (A) that at least 2 provide intensive integrated social
        services for low-income participants in the child support
        assurance project, for the purpose of assisting such
        participants in improving their employment, housing, health,
        and educational status; and
            (B) that at least 2 have adopted the Uniform Interstate
        Family Support Act.
    (f) Duration.--(1) During fiscal year 1995, the Secretary shall
develop criteria, select the States to participate in the
demonstration, and plan for the evaluation required under subsection
(h). The demonstration projects conducted under this section shall
commence on October 1, 1995, and shall be conducted for not less than 3
and not more than 5 consecutive fiscal years, except that the Secretary
may terminate a project before the end of such period if the Secretary
determines that the State conducting the project is not in substantial
compliance with the terms of the application approved by the Secretary
under this section.
    (g) Cost Savings Recovery.--The Secretary shall develop a
methodology to identify any State cost savings realized in connection
with the implementation of a child support assurance project conducted
under this Act. Any such savings realized as a result of the
implementation of a child support assurance project shall be utilized
for child support enforcement improvements or expansions and
improvements in the Aid to Families With Dependent Children Program
conducted under part A of title IV of the Social Security Act within
the participating State.
    (h) Evaluation and Report to Congress.--(1) The Secretary shall
conduct an evaluation of the effectiveness of the demonstration
projects funded under this section. The evaluation shall include an
assessment of the effect of an assured benefit on--
            (A) income from nongovernment sources and the number of
        hours worked;
            (B) the use and amount of government supports;
            (C) the ability to accumulate resources;
            (D) the well-being of the children, including educational
        attainment and school behavior; and
            (E) the State's rates of establishing paternity and support
        orders and of collecting support.
    (2) Three and 5 years after commencement of the demonstration
projects, the Secretary shall submit an interim and final report based
on the evaluation to the Committee on Finance and the Committee on
Labor and Human Resources of the Senate, and the Committee on Ways and
Means and the Committee on Education and Labor of the House of
Representatives concerning the effectiveness of the child support
assurance projects funded under this section.
    (i) State Reports.--The Secretary shall require each State that
conducts a demonstration project under this section to annually report
such information on the project's operation as the Secretary may
require, except that all such information shall be reported according
to a uniform format prescribed by the Secretary.
    (j) Restrictions on Matching and Use of Funds.--(1) A State
conducting a demonstration project under this section shall be
required--
            (A) except as provided in paragraph (2), to provide not
        less than 20 percent of the total amounts expended in each
        calendar year of the project to pay the costs associated with
        the project funded under this section;
            (B) to maintain its level of expenditures for child support
        collection, enforcement, and payment at the same level, or at a
        higher level, than such expenditures were prior to such State's
        participation in a demonstration project provided by this
        section; and
            (C) to maintain the Aid to Families With Dependent Children
        benefits provided under part A of title IV of the Social
        Security Act at the same level, or at a higher level, as the
        level of such benefits on the date of the enactment of this
        Act.
    (2) A State participating in a demonstration project under this
section may provide no less than 10 percent of the total amounts
expended to pay the costs associated with the project funded under this
section in years after the first year such project is conducted in a
State if the State meets the improvements specified in subsection
(b)(6)(B).
    (k) Coordination With Certain Means-Tested Programs.--For purposes
of--
            (1) the United States Housing Act of 1937;
            (2) title V of the Housing Act of 1949;
            (3) section 101 of the Housing and Urban Development Act of
        1965;
            (4) sections 221(d)(3), 235, and 236 of the National
        Housing Act;
            (5) the Food Stamp Act of 1977;
            (6) title XIX of the Social Security Act; and
            (7) child care assistance provided through part A of title
        IV of the Social Security Act, the Child Care and Development
        Block Grant, or title XX of the Social Security Act,
any payment made to an individual within the demonstration project area
for child support up to the amount which an assured child support
benefit would provide shall not be treated as income and shall not be
taken into account in determining resources for the month of its
receipt and the following month.
    (l) Treatment of Child Support Benefit.--Any assured child support
benefit received by an individual under this Act shall be considered
child support for purposes of the Internal Revenue Code of 1986.
    (m) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary in each of the fiscal years
1995, 1996, 1997, 1998, 1999, and 2000 to carry out the purposes of
this Act.

Summary: Child Support Assurance Act of 1994 - Directs the Secretary of Health and Human Services to make grants to up to six States for demonstration programs to establish or improve a system of assured minimum child support payments. Requires the custodial parent to have, or be in the process of obtaining, a child support award, or the child to have good cause for the absence of such an award, to qualify for the program. Authorizes appropriations.

Child Support Assurance Act of 1994