SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consortium on the Impact of
Technology in Aging Health Services Act of 2006''.

SEC. 2. ESTABLISHMENT OF CONSORTIUM.

    (a) Establishment.--There is established a Consortium to be known
as the ``Consortium on the Impact of Technology in Aging Health
Services'' (referred to in this Act as the ``Consortium'').
    (b) Purpose.--The purpose of the Consortium is to evaluate the
potential of new technologies to help the United States prepare for the
unprecedented demographic changes that will occur during the next 10
years in the Nation's healthcare system.
    (c) Membership.--
            (1) Composition.--The Consortium shall be composed of 17
        members, of whom--
                    (A) 1 member shall be appointed by the President
                and designated by the President as Chairperson of the
                Consortium;
                    (B) 4 members shall be appointed by the Majority
                Leader of the Senate;
                    (C) 4 members shall be appointed by the Minority
                Leader of the Senate;
                    (D) 4 members shall be appointed by the Speaker of
                the House of Representatives; and
                    (E) 4 members shall be appointed by the Minority
                Leader of the House of Representatives.
            (2) Qualifications.--
                    (A) In general.--Appointments to the Consortium
                shall be made from individuals who are senior-level
                executives from the Federal Government or the private-
                sector who have demonstrated experience as--
                            (i) providers of senior, geriatric, and
                        other assistive services, including housing,
                        nursing care, home-and-community based
                        services, and assisted living and caregiver
                        organizations;
                            (ii) technology developers or producers of
                        products for aged individuals;
                            (iii) Federal, State, or academic
                        researchers that focus on aging issues;
                            (iv) physicians and other health care
                        providers;
                            (v) insurers and other payer organizations;
                        and
                            (vi) representatives of the pharmaceutical
                        industry.
                    (B) Inclusion of seniors and individuals with
                disabilities.--At least 2 appointees shall be--
                            (i) age 65 or older; or
                            (ii) an individual with a disability.
            (3) Date of appointments.--The appointment of a member of
        the Consortium shall be made not later than 30 days after the
        date of enactment of this Act.
    (d) Term; Vacancies.--
            (1) Term.--A member shall be appointed for the life of the
        Consortium.
            (2) Vacancies.--A vacancy on the Consortium--
                    (A) shall not affect the powers of the Consortium;
                and
                    (B) shall be filled, not later than 30 days after
                the Consortium is given notice of the vacancy, in the
                same manner as the original appointment was made.
    (e) Initial Meeting.--Not later than 30 days after the date on
which all members of the Consortium have been appointed, the Consortium
shall hold the initial meeting of the Consortium.
    (f) Meetings.--The Consortium shall meet at the call of the
Chairperson.
    (g) Quorum.--A majority of the members of the Consortium shall
constitute a quorum, but a lesser number of members may hold hearings.

SEC. 3. DUTIES.

    (a) Study.--
            (1) In general.--The Consortium shall conduct a study of
        all matters relating to the potential use of new technology to
        assist older adults and their caregivers throughout the aging
        process.
            (2) Matters to be studied.--The matters to be studied by
        the Consortium shall include--
                    (A) methods for identifying technology that can be
                adapted to meet the needs of seniors, individuals with
                disabilities, and the caregivers of such seniors and
                individuals across all aging services settings;
                    (B) methods for fostering scientific innovation
                with respect to aging services technology within the
                business and academic communities;
                    (C) identifying barriers to innovation in aging
                services technology and devising strategies for
                removing such barriers;
                    (D) developments in aging services technology in
                other countries that may be applied in the United
                States;
                    (E) methods for ensuring that businesses in the
                United States have a leadership role in the rapidly
                expanding global market of aging services technology;
                and
                    (F) identifying barriers to the adoption of aging
                services technology by health care providers and
                consumers and devising strategies to removing such
                barriers.
    (b) Recommendations.--The Consortium shall develop recommendations
with respect to the following:
            (1) Identification of developments in current aging
        services technologies that may result in increased efficiency
        and cost savings to the healthcare system.
            (2) Opportunities for ongoing research and development by
        the public and private sectors to accelerate the development
        and adoption of aging services technology in order to--
                    (A) promote the independence of seniors and
                individuals with disabilities;
                    (B) facilitate early disease detection;
                    (C) delay the physical, cognitive, social, and
                emotional decline resulting from disease and the aging
                process;
                    (D) support wellness activities and preventive
                behaviors;
                    (E) promote greater support to community- and
                facility-based caregivers;
                    (F) develop systems that improve the quality and
                efficiency of facility-based care, such as pharmacy
                distribution programs and secure electronic clinical
                records;
                    (G) enhance the utilization of technology by
                caregivers to reduce the burden of paperwork ;
                    (H) minimize caregiver burnout; and
                    (I) reduce medication errors and improve overall
                compliance.
            (3) Identification of methods to ensure that necessary
        technology infrastructure is in place to deliver aging services
        to rural and urban areas.
            (4) Whether to establish--
                    (A) a permanent Federal interagency task force that
                will facilitate the development and distribution of
                aging services technology; and
                    (B) a National Resource Center that would stimulate
                research, oversee demonstration projects, and provide
                training and technical assistance to Federal, State,
                and private sector organizations and entities that
                provide aging services.
            (5) Assignment of responsibilities for aging services with
        respect to jurisdiction, funding, and reporting relationships.
    (c) Report.--Not later than 24 months after the date of enactment
of this Act, the Consortium shall submit to the President and the
appropriate committees of Congress a report that contains the
recommendations of the Consortium with respect to the following:
            (1) Development of national policy.--The development of a
        national policy to address issues with respect to technology
        and assistive health services for seniors, including the
        appropriate roles and responsibilities for the Federal
        Government, State and local governments, and the private
        sector.
            (2) Legislative and program changes.--The specific
        legislative and regulatory changes with respect to Federal laws
        and programs that would support and encourage the private
        sector to develop and make widely available consumer-empowered
        technology solutions.
            (3) Establishment of national resource center.--The
        establishment of a National Resource Center on Aging Services
        Technologies to offer training and assistance to the Federal
        Government, State and local governments, and the private sector
        in the application of technology in pilots and trials with
        respect to assistive health services for seniors.

SEC. 4. POWERS.

    (a) Hearings.--The Consortium may hold such hearings, meet and act
at such times and places, take such testimony, and receive such
evidence as the Consortium considers advisable to carry out this Act.
    (b) Information From Federal Agencies.--
            (1) In general.--The Consortium may secure directly from a
        Federal agency such information as the Consortium considers
        necessary to carry out this Act.
            (2) Provision of information.--Except as otherwise provided
        by law, on request of the Chairperson of the Consortium, the
        head of the agency shall provide the information to the
        Consortium.
    (c) Postal Services.--The Consortium may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
    (d) Contract Authority.--The Consortium may contract with and
compensate government and private agencies or persons for services,
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
    (e) Powers of Members and Agents.--Any member or agent of the
Consortium may, if authorized by the Consortium, take any action which
the Consortium is authorized to take by this section.
    (f) Gifts.--The Consortium may accept, use, and dispose of gifts or
donations of services or property.
    (g) Printing.--For purposes of costs relating to printing and
binding, including the costs of personnel detailed from the Government
Printing Office, the Consortium shall be deemed to be a committee of
Congress.

SEC. 5. CONSORTIUM PERSONNEL MATTERS.

    (a) Compensation of Members.--Members of the Consortium shall
receive no additional pay, allowances, or benefits by reason of their
service on the Consortium.
    (b) Travel Expenses.--A member of the Consortium shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Consortium.
    (c) Staff.--
            (1) In general.--The Chairperson of the Consortium may,
        without regard to the civil service laws (including
        regulations), appoint and terminate an executive director and
        such other additional personnel as are necessary to enable the
        Consortium to perform the duties of the Consortium.
            (2) Compensation.--
                    (A) Executive director.--The executive director
                shall be paid the rate of basic pay for level V of the
                Executive Schedule under section 5316 of title 5,
                United States Code.
                    (B) Other staff.--The staff shall be appointed
                subject to the provisions of title 5, United States
                Code, government appointments in the competitive
                service, and shall be paid in accordance with the
                provisions of chapter 51 and subchapter III of chapter
                53 of that title relating to classification and General
                Schedule pay rates.
    (d) Detail of Federal Government Employees.--
            (1) In general.--An employee of the Federal Government may
        be detailed to the Consortium without reimbursement.
            (2) Civil service status.--The detail of the employee shall
        be without interruption or loss of civil service status or
        privilege.
    (e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Consortium may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the maximum annual rate of basic pay payable for the General
Schedule.
    (f) Physical Facilities.--The Administrator of the General Services
Administration shall locate suitable office space for the operation of
the Consortium. The facilities shall serve as the headquarters of the
Consortium and shall include all necessary equipment and incidentals
required for the proper functioning of the Consortium.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act
$1,500,000, for the period of fiscal years 2007 through 2010, to remain
available until expended.

SEC. 7. TERMINATION OF CONSORTIUM.

    The Consortium shall terminate 180 days after the date on which the
Consortium submits the report required under section 3(c).

Summary: Consortium on the Impact of Technology in Aging Health Services Act of 2006 - Establishes the Consortium on the Impact of Technology in Aging Health Services. Requires the Consortium to conduct a study of all matters relating to the potential use of new technology to assist older adults and their caregivers, including: (1) methods for identifying technology that may be adapted to meet their needs. (2) methods for fostering scientific innovation in aging services technology within the business and academic communities. (3) barriers to innovation in and the adoption of technology and strategies for removing such barriers, (4) developments in such technology in other countries. And (5) methods for ensuring that US businesses have a leadership role in the global market of such technology. Requires the Consortium to develop recommendations concerning: (1) developments in current technologies that may result in increased efficiency and cost savings to the healthcare system. (2) opportunities for research and development to accelerate the development and adoption of aging services technology. (3) methods to ensure that technology infrastructure is in place to deliver services. And (4) establishment of a federal interagency task force to facilitate the development and distribution of such technology and a National Resource Center to stimulate research, oversee demonstration projects, and provide training and assistance to entities that provide such services. Requires the Consortium to report recommendations regarding development of a national policy to address issues concerning technology and assistive health services for seniors, changes to federal laws and programs that would support and encourage the private sector to develop and make widely available consumer-empowered technology solutions, and establishment of a National Resource Center on Aging Services Technologies.

A bill to establish a Consortium on the Impact of Technology in Aging Health Services.


SECTION 1. CONSIDERATIONS IN THE APPROVAL OF H-2A PETITIONS.

    Section 218(a) (8 U.S.C. 1188(a)) of the Immigration and
Nationality Act is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following:
            ``(2) In considering an employer's petition for admission
        of H-2A aliens, the Attorney General shall consider the
        certification decision of the Secretary of Labor and shall
        consider any countervailing evidence submitted by the employer
        with respect to the nonavailability of United States workers
        and the employer's compliance with the requirements of this
        section, and may consult with the Secretary of Agriculture.''.

SEC. 2. CONDITION FOR DENIAL OF LABOR CERTIFICATION.

    Section 218(b)(4) (8 U.S.C. 1188(b)(4)) of the Immigration and
Nationality Act is amended to read as follows:
            ``(4) Determination by the secretary.--The Secretary
        determines that the employer has not filed a job offer for the
        position to be filled by the alien with the appropriate local
        office of the State employment security agency having
        jurisdiction over the area of intended employment, or with the
        State office of such an agency if the alien will be employed in
        an area within the jurisdiction of more than one local office
        of such an agency, which meets the criteria of paragraph (5).
            ``(5) Required terms and conditions of employment.--The
        Secretary determines that the employer's job offer does not
        meet one or more of the following criteria:
                    ``(A) Required rate of pay.--The employer has
                offered to pay H-2A aliens and all other workers in the
                occupation in the area of intended employment an
                adverse effect wage rate of not less than the median
                rate of pay for similarly employed workers in the area
                of intended employment.
                    ``(B) Provision of housing.--
                            ``(i) In general.--The employer has offered
                        to provide housing to H-2A aliens and those
                        workers not reasonably able to return to their
                        residence within the same day, without charge
                        to the worker. The employer may, at the
                        employer's option, provide housing meeting
                        applicable Federal standards for temporary
                        labor camps, or provide rental or public
                        accommodation type housing which meets
                        applicable local or state standards for such
                        housing.
                            ``(ii) Housing allowance as alternative.--
                        In lieu of offering the housing required in
                        clause (i), the employer may provide a
                        reasonable housing allowance to workers not
                        reasonably able to return to their place of
                        residence within the same day, but only if the
                        Secretary determines that housing is reasonably
                        available within the approximate area of
                        employment. An employer who offers a housing
                        allowance pursuant to this subparagraph shall
                        not be deemed to be a housing provider under
                        section 203 of the Migrant and Seasonal
                        Agricultural Worker Protection Act (29 U.S.C.
                        1823) merely by virtue of providing such
                        housing allowance.
                            ``(iii) Special housing standards for short
                        duration employment.-- The Secretary shall
                        promulgate special regulations permitting the
                        provision of short-term temporary housing for
                        workers employed in occupations in which
                        employment is expected to last 40 days or less.
                            ``(iv) Transitional period for provision of
                        special housing standards in other
                        employment.--For a period of five years after
                        the date of enactment of this section, the
                        Secretary shall approve the provision of
                        housing meeting the standards described in
clause (iii) in occupations expected to last longer than 40 days in
areas where available housing meeting the criteria described in
subparagraph (i) is found to be insufficient.
                            ``(v) Preemption of state and local
                        standards.--The standards described in clauses
                        (ii) and (iii) shall preempt any State and
                        local standards governing the provision of
                        temporary housing to agricultural workers.
                    ``(C) Reimbursement of transportation costs.--The
                employer has offered to reimburse H-2A aliens and
                workers recruited from beyond normal commuting distance
                the most economical common carrier transportation
                charge and reasonable subsistence from the place from
                which the worker comes to work for the employer, (but
                not more than the most economical common carrier
                transportation charge from the worker's normal place of
                residence) if the worker completes 50 percent of the
                anticipated period of employment. If the worker
                recruited from beyond normal commuting distance
                completes the period of employment, the employer will
                provide or pay for the worker's transportation and
                reasonable subsistence to the worker's next place of
                employment, or to the worker's normal place of
                residence, whichever is less.
                    ``(D) Guarantee of employment.--The employer has
                offered to guarantee the worker employment for at least
                three-fourths of the workdays of the employer's actual
                period of employment in the occupation. Workers who
                abandon their employment or are terminated for cause
                shall forfeit this guarantee.
            ``(6) Preference for united states workers.--The employer
        has not assured on the application that the employer will
        provide employment to all qualified United States workers who
        apply to the employer and assure that they will be available at
        the time and place needed until the time the employer's foreign
        workers depart for the employer's place of employment (but not
        sooner than 5 days before the date workers are needed), and
        will give preference in employment to United States workers who
        are immediately available to fill job opportunities that become
        available after the date work in the occupation begins.''.

SEC. 3. SPECIAL RULES APPLICABLE TO THE ISSUANCE OF LABOR
              CERTIFICATIONS.

    Section 218(c) (8 U.S.C. 1188(c)) of the Immigration and
Nationality Act is amended to read as follows:
    ``(c) Special Rules Applicable to the Issuance of Labor
Certifications.--The following rules shall apply to the issuance of
labor certifications by the Secretary under this section:
            ``(1) Deadline for filing applications.--The Secretary may
        not require that the application be filed more than 40 days
        before the first date the employer requires the labor or
        services of the H-2A worker.
            ``(2) Notice within seven days of deficiencies.--
                    ``(A) The employer shall be notified in writing
                within seven calendar days of the date of filing, if
                the application does not meet the criteria described in
                subsection (b) for approval.
                    ``(B) If the application does not meet such
                criteria, the notice shall specify the specific
                deficiencies of the application and the Secretary shall
                provide an opportunity for the prompt resubmission of a
                modified application.
            ``(3) Issuance of certification.--
                    ``(A) The Secretary shall provide to the employer,
                not later than 20 days before the date such labor or
                services are first required to be performed, the
                certification described in subsection (a)(1)--
                            ``(i) with respect to paragraph (a)(1)(A)
                        if the employer's application meets the
                        criteria described in subsection (b), or a
                        statement of the specific reasons why such
                        certification cannot be made, and
                            ``(ii) with respect to subsection
                        (a)(1)(B), to the extent that the employer does
                        not actually have, or has not been provided
                        with the names, addresses and Social Security
                        numbers of workers referred to the employer who
                        are able, willing and qualified and have
                        indicated they will be available at the time
                        and place needed to perform such labor or
                        services on the terms and conditions of the job
                        offer approved by the Secretary. For each
                        worker referred, the Secretary shall also
                        provide the employer with information
                        sufficient to permit the employer to
contact the referred worker for the purpose of reconfirming the
worker's availability for work at the time and place needed.
                    ``(B) If, at the time the Secretary determines that
                the employer's job offer meets the criteria described
                in subsection (b) there are already unfilled job
                opportunities in the occupation and area of intended
                employment for which the employer is seeking workers,
                the Secretary shall provide the certification at the
                same time the Secretary approves the employer's job
                offer.''.

SEC. 4. EXPEDITED APPEALS OF CERTAIN DETERMINATIONS.

    Section 218(e) (8 U.S.C 1188(e)) of the Immigration and Nationality
Act is amended to read as follows:
    ``(e) Expedited Appeals of Certain Determinations.--The Secretary
shall provide by regulation for an expedited procedure for the review
of the nonapproval of an employer's job offer pursuant to subsection
(c)(2) and of the denial of certification in whole or in part pursuant
to subsection (c)(3) or, at the applicant's request, a de novo
administrative hearing respecting the nonapproval or denial.''.

SEC. 5. PROCEDURES FOR THE CONSIDERATION OF H-2A PETITIONS.

    Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188)
is amended--
            (1) by redesignating subsections (f) through (i) as
        subsections (g) through (j), respectively; and
            (2) by adding the following after subsection (e):
    ``(f) Procedures for the Consideration of H-2A Petitions.--The
following procedures shall apply to the consideration of petitions by
the Attorney General under this section:
            ``(1) Expedited processing of petitions.--The Attorney
        General shall provide an expedited procedure for the
        adjudication of petitions filed under this section, and the
        notification of visa-issuing consulates where aliens seeking
        admission under this section will apply for visas and/or ports
        of entry where aliens will seek admission under this section
        within 15 calendar days from the date such petition is filed by
        the employer.
            ``(2) Expedited amendments to petitions.--The Attorney
        General shall provide an expedited procedure for the amendment
        of petitions to increase the number of workers on or after five
        days before the employers date of need for the labor or
        services involved in the petition to replace referred workers
        whose continued availability for work at the time and place
        needed under the terms of the approved job offer can not be
        confirmed and to replace referred workers who fail to report
        for work on the date of need and replace referred workers who
        abandon their employment or are terminated for cause, and for
        which replacement workers are not immediately available
        pursuant to subsection (b)(6).''.

SEC. 6. LIMITATION ON EMPLOYER LIABILITY.

    Section 218(g) (8 U.S.C. 1188(g)) of the Immigration and
Nationality Act is amended--
            (1) by redesignating paragraph (2) as paragraph (2)(A); and
            (2) by inserting after paragraph (2)(A) the following:
            ``(B) No employer shall be subject to any liability or
        punishment on the basis of an employment action or practice by
        such employer that conforms with the terms and conditions of a
        job offer approved by the Secretary pursuant to this section,
        unless and until the employer has been notified that such
        certification has been amended or invalidated by a final order
        of the Secretary or of a court of competent jurisdiction.''.

SEC. 7. LIMITATION ON JUDICIAL REMEDIES.

    Section 218(h) of the Immigration and Nationality Act (8 U.S.C.
1188(h)) is amended by adding at the end thereof the following:
            ``(3) No court of the United States shall have jurisdiction
        to issue any restraining order or temporary or permanent
        injunction preventing or delaying the issuance by the Secretary
        of a certification pursuant to this section, or the approval by
        the Attorney General of a petition to import an alien as an H-
        2A worker, or the actual importation of any such alien as an H-
        2A worker following such approval by the Attorney General.''.

Summary: Amends the Immigration and Nationality Act to revise the temporary agricultural worker program with respect to: (1) H-2A petition considerations and approvals, (2) labor certification denial, (3) reduction in deadline filing, (4) expedited appeal of certain decisions, and (5) limitations on employer liability and judicial remedies.

A bill to amend the Immigration and Nationality Act with respect to the admission of temporary H-2A workers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Employee Rights Act''.

SEC. 2. LABOR ORGANIZATION DUES.

    (a) Dues Not Deductible From Pay.--Chapter 71 of title 5, United
States Code, is amended by striking section 7115 and inserting the
following:
``Sec. 7115. Labor organization dues
    ``(a) Dues Not Deductible From Pay.--
            ``(1) In general.--An agency may not deduct any amount from
        the pay of an employee for the dues of a labor organization.
            ``(2) Restriction.--Appropriated funds may not be used to
        pay an employee who makes deductions described in paragraph
        (1).
            ``(3) Definition.--For purposes of this subsection, the
        term `agency' means--
                    ``(A) an Executive agency (as defined in section
                105), the United States Postal Service, and the Postal
                Regulatory Commission;
                    ``(B) an office, agency, or other establishment in
                the legislative branch;
                    ``(C) an office, agency, or other establishment in
                the judicial branch; and
                    ``(D) the government of the District of Columbia.
    ``(b) Prohibition on Use of Dues for Political Purposes.--
            ``(1) In general.--Employee dues collected by a labor
        organization pursuant to this chapter may not be used for any
        purpose not directly related to the organization's collective
        bargaining activities on behalf of the employee under this
        chapter unless, after a notice period of not less than 35 days,
        the employee authorizes such use in writing.
            ``(2) Expiration.--An authorization under paragraph (1)
        shall--
                    ``(A) expire not later than 1 year after the date
                on which such authorization is signed by the employee;
                and
                    ``(B) not provide for an automatic renewal of any
                authorization under this subsection.''.
    (b) Postal Service Amendment.--Section 1205 of title 39, United
States Code, is amended to read as follows:
``Sec. 1205. Prohibition on use of dues for political purposes
    ``(a) Employee dues collected by a labor organization pursuant to
this chapter may not be used for any purpose not directly related to
the organization's collective bargaining activities on behalf of the
employee under this chapter unless, after a notice period of not less
than 35 days, the employee authorizes such use in writing.
    ``(b) An authorization under subsection (a) shall--
            ``(1) expire not later than 1 year after the date on which
        such authorization is signed by the employee; and
            ``(2) not provide for an automatic renewal of any
        authorization under this subsection.''.
    (c) Clerical Amendments.--
            (1) Title 5.--The table of sections at the beginning of
        chapter 71 of title 5, United States Code, is amended by
        striking the item relating to section 7115 and inserting the
        following:

``7115. Labor organization dues.''.
            (2) Title 39.--The table of sections at the beginning of
        chapter 12 of title 39, United States Code, is amended by
        striking the item relating to section 1205 and inserting the
        following:

``1205. Prohibition on use of dues for political purposes.''.
    (d) Effective Dates; Transition Provisions.--
            (1) Effective date.--The amendments made by this section
        shall take effect on the date of enactment of this section.
            (2) Transition provisions.--
                    (A) Current deductions for dues of an exclusive
                representative.--Nothing in this section shall, in the
                case of an assignment received before the date of
                enactment of this section under subsection (a) of
                section 7115 of title 5, United States Code (as then in
                effect), cause the termination of such assignment
                before--
                            (i) the date on which such assignment is
                        revoked, in accordance with the last sentence
                        of such subsection (a) (as last in effect
                        before such date of enactment); or
                            (ii) if earlier, the date determined under
                        paragraph (1) or (2) of subsection (b) of such
                        section 7115 (as last in effect before such
                        date of enactment).
                    (B) Current deductions for dues of other labor
                organizations.--Nothing in this section shall, in the
                case of a voluntary allotment made before the date of
                enactment of this section under subsection (c) of
                section 7115 of title 5, United States Code (as then in
                effect), cause the termination of such allotment before
                the date on which the underlying agreement (under
                authority of which such allotment is being made) ceases
                to have effect, whether by reason of section
                7115(c)(2)(B) of such title 5 (as last in effect before
                such date of enactment) or otherwise.
                    (C) Current deductions for dues of a labor
                organization from postal service employees.--Nothing in
                this section shall, in the case of a written assignment
                received before the date of enactment of this section
                under section 1205 of title 39, United States Code (as
                then in effect), cause the termination of such
                assignment before the date on which such assignment--
                            (i) is revoked in accordance with such
                        section (as last in effect before such date of
                        enactment); or
                            (ii) otherwise expires.
            (3) Nonrenewability.--
                    (A) In general.--An agreement between an agency and
                a labor organization, entered into before the date of
                enactment of this section under subsection (a) or (c)
                of section 7115 of such title 5 (as then in effect),
                shall not, to the extent that it relates to deductions
                for the payment of dues of such labor organization, be
                subject to renewal or extension.
                    (B) Postal service.--A written assignment received
                by the United States Postal Service under section 1205
                of title 39, United States Code (as then in effect) or
                an agreement between the United States Postal Service
                and any organization of employees in effect pursuant to
                1205(b) of such title (as then in effect), shall not,
                to the extent that it relates to deductions for the
                payment of dues of such organization, be subject to
                renewal or extension.
            (4) Definitions.--For purposes of this subsection, the
        terms ``agency'', ``exclusive representative'', and ``labor
        organization'' have the respective meanings given such terms in
        section 7103 of title 5, United States Code.

SEC. 3. REQUIRE MAJORITY VOTE OF EMPLOYEES IN A UNIT TO JOIN UNION.

    (a) In General.--Section 7111 of title 5, United States Code, is
amended--
            (1) in subsection (a), by striking ``who cast valid ballots
        in the election'';
            (2) in subsection (b)(1)(A), by striking ``30 percent'' and
        inserting ``more than 50 percent''; and
            (3) in subsection (f)(4), by striking ``voting'' and insert
        ``in the appropriate unit''.
    (b) Postal Service Amendments.--Section 1203 of title 39, United
States Code, is amended--
            (1) in subsection (c)(1), by striking ``a substantial
        number of employees'' and inserting ``a majority of employees
        in a unit''; and
            (2) in subsection (d), by striking ``30 percent'' and
        inserting ``more than 50 percent''.
    (c) Application.--The amendments made by subsections (a) and (b)
shall apply to any applicable election or petition filed after the date
of enactment of this Act.

SEC. 4. USE OF PERSONAL INFORMATION.

    (a) In General.--Section 7111 of title 5, United States Code, is
amended by adding at the end the following:
    ``(h) During any organizing activity conducted under this chapter,
an employee may elect, in writing, to withhold the employee's personal
information from a labor organization.''.
    (b) Postal Service Amendment.--Section 1203 of title 39, United
States Code, is further amended by adding at the end the following:
    ``(f) During any organizing activity conducted under this chapter,
an employee may elect, in writing, to withhold the employee's personal
information from a labor organization.''.

SEC. 5. REQUIREMENT FOR SECRET PAPER BALLOT ELECTIONS.

    (a) In General.--Section 7111(d) of title 5, United States Code, is
amended by adding at the end after the period the following: ``Any
election under this chapter shall be a secret paper ballot election.''.
    (b) Postal Service Amendment.--Section 1204(a) of title 39, United
States Code, is amended by adding at the end after the period the
following: ``Any election under this chapter shall be a secret paper
ballot election.''.

Summary: Federal Employee Rights Act This bill repeals current authority allowing the deduction of labor organization dues from employee pay and prohibits federal agencies, including executive, legislative, and judicial agencies, the US Postal Service, the Postal Regulatory Commission, and the government of the District of Columbia, from deducting any amount from the pay of an employee for the dues of a labor organization. The bill prohibits employee dues collected by a labor organization from being used for any purpose not directly related to the organization's collective bargaining activities without employee authorization. The bill requires a vote of more than 50 of all employees to approve union representation and extends this requirement to postal service employees. An employee may elect, in writing, to withhold personal information from a labor organization during organizing activity. The bill requires that all elections relating to labor representation, including elections involving postal service employees, have secret paper ballots.

Federal Employee Rights Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Icebreaker Fund Act of
2015''.

SEC. 2. NATIONAL ICEBREAKER FUND.

    (a) Establishment of Fund.--Chapter 15 of title 14, United States
Code, is amended--
            (1) by redesignating subchapter III as subchapter IV;
            (2) by redesignating section 581 as section 591; and
            (3) by inserting after chapter II the following:

                     ``SUBCHAPTER III--ICEBREAKERS

``Sec. 581. National Icebreaker Fund
    ``(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the `National Icebreaker Fund'.
    ``(b) Use.--
            ``(1) Authorized purposes.--Amounts in the Fund shall be
        available for obligation and expenditure by the Secretary only
        for the following purposes:
                    ``(A) Construction, alteration, and renovation of
                icebreakers for the Coast Guard, including design work
                related to construction, alteration, and renovation.
                    ``(B) Lease or charter of icebreakers for the Coast
                Guard.
            ``(2) Authorization required.--Amounts in the Fund may be
        obligated or expended only in amounts authorized by law.
    ``(c) Deposits.--There shall be deposited in the Fund the
following:
            ``(1) All funds appropriated to the department in which the
        Coast Guard is operating for--
                    ``(A) construction, alteration, and renovation of
                icebreakers, including design work related to
                construction, alteration, and renovation; or
                    ``(B) lease or charter of icebreakers.
            ``(2) All receipts from the disposition of icebreakers by
        the Federal Government.
            ``(3) Unobligated funds that are transferred to the Fund
        under subsection (d).
            ``(4) Contributions of money, and proceeds of other
        contributions, accepted under subsection (e).
            ``(5) All funds appropriated to the Department of Defense
        or any other Federal agency for--
                    ``(A) construction, alteration, and renovation of
                icebreakers, including design work related to
                construction, alteration, and renovation; or
                    ``(B) lease or charter of icebreakers.
    ``(d) Transfers.--At the end of any fiscal year, the Secretary may
transfer to the Fund any unobligated funds remaining from funds under
the administrative control of the Secretary.
    ``(e) Acceptance of Support.--
            ``(1) In general.--The Secretary may accept from any
        person, foreign government, or international organization any
        contribution of money, personal property, or assistance in-kind
        for support of icebreaking in the polar regions.
            ``(2) Use.--Any contribution accepted under paragraph (1)
        may be retained and used by the Secretary of the department in
        which the Coast Guard is operating or disposed of in accordance
        with procedures prescribed by the Secretary, subject to the
        limitations in subsection (f) and paragraph (3) of this
        subsection.
    ``(f) Limitations on Use of Funds.--
            ``(1) Foreign vessels.--Amounts in the Fund may not be used
        to lease, charter, construct, alter, renovate, or in any other
        way acquire any vessel built in a shipyard located in a foreign
        country, unless specifically authorized by law.
            ``(2) Construction, alteration, and renovation in united
        states; vessel design requirements.--Amounts in the Fund may
        not be used to construct, alter, or renovate a vessel in any
        shipyard other than a shipyard in the United States.
            ``(3) Purpose of expenditures.--The Secretary may--
                    ``(A) expend from the Fund amounts deposited under
                paragraphs (1), (2), and (3) of subsection (c), only
                for the lease, charter, construction, alteration, or
                renovation of icebreakers capable of search and rescue,
                saving of life at sea, maritime safety and security,
                drug and migrant interdiction, fisheries law
                enforcement, and environmental response in the Arctic;
                and
                    ``(B) expend from the Fund the amounts deposited
                under paragraphs (4) and (5) of subsection (c), for--
                            ``(i) activities described in subparagraph
                        (A); or
                            ``(ii) additional capabilities that are--
                                    ``(I) necessary  to carry out
                                national defense missions; or
                                    ``(II) for missions related to
                                research and resupply in the Antarctic.
    ``(g) Expiration of Appropriated Funds After 10 Years.--No part of
an appropriation that is deposited in the Fund under subsection (c)(1)
shall remain available for obligation more than 10 years after the end
of fiscal year for which appropriated, except to the extent
specifically provided by law.
    ``(h) Budget Requests.--Budget requests submitted to Congress for
the Fund shall separately identify--
            ``(1) the amount requested for programs, projects, and
        activities for construction, alteration, and renovation of
        icebreakers; and
            ``(2) the amount requested for programs, projects, and
        activities for lease or charter of icebreakers;
    ``(i) Definitions.--In this section:
            ``(1) The term `Fund' means the National Icebreaker Fund
        established by subsection (a).
            ``(2) The term `icebreaker' means an icebreaker capable of
        operations in polar regions.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended
by striking the items relating to subchapter III and inserting the
following:

                     ``subchapter iii. icebreakers

``Sec. 581. National Icebreaker Fund
                      ``subchapter iv. definitions

``Sec. 591. Definitions.''.

SEC. 3. INTERNATIONAL AGREEMENT.

    The Secretary of the department in which the Coast Guard is
operating, in consultation with the Secretary of State and the Director
of the National Science Foundation, shall enter into an agreement with
nations that operate facilities in Antarctica to establish a mechanism
to provide icebreaking services necessary to supply those facilities by
constructing, leasing or chartering, renovating, operating, or
maintaining an icebreaker capable of performing such services.

Summary: National Icebreaker Fund Act of 2015 This bill establishes the National Icebreaker Fund, which shall be available for obligation and expenditure only for construction, alteration, renovation, and the lease or charter of icebreakers for the Coast Guard. There shall be deposited into the Fund: (1) all funds appropriated to any federal agency for construction, alteration, renovation, or the lease or charter of icebreakers. And (2) all receipts from the disposition of icebreakers by the federal government. Amounts in the Fund may not be used to: (1) lease, charter, construct, alter, renovate, or otherwise acquire any vessel built in a shipyard located in a foreign country, unless specifically authorized by law. Or (2) construct, alter, or renovate a vessel in any shipyard other than a US shipyard. Amounts in the Fund may be expended for: (1) the lease, charter, construction, alteration, or renovation of icebreakers capable of search and rescue, saving of life at sea, maritime safety and security, drug and migrant interdiction, fisheries law enforcement, and environmental response in the Arctic. And (2) additional capabilities that are necessary to carry out national defense missions or for missions related to research and resupply in the Antarctic. The Secretary of the department in which the Coast Guard is operating shall enter into an agreement with nations that operate facilities in Antarctica to establish a mechanism to provide icebreaking services necessary to supply those facilities by constructing, leasing or chartering, renovating, operating, or maintaining an icebreaker.

National Icebreaker Fund Act of 2015


OF IRAN'S PAST MILITARY DIMENSIONS OF
              IRAN'S NUCLEAR PROGRAM.

    Not later than 30 calendar days after the IAEA submits its final
assessment on the resolution on all past and present outstanding issues
related to Iran's nuclear program to the Board of Governors, the
President shall submit to the appropriate congressional committees and
leadership a detailed report on the IAEA's report to the Board of
Governors, and shall provide to the appropriate congressional
committees and leadership a briefing, in a classified setting as
necessary, on how outstanding issues were resolved by the IAEA.

SEC. 13. STATEMENT OF POLICY ON EFFECTIVE RE-IMPOSITION OF SANCTIONS.

    (a) Finding.--There is a wide range of national and multilateral
tools, including the re-imposition of sanctions, available to the
United States and United States partners, including European allies,
should Iran fail to meet its JCPOA commitments.
    (b) Statements of Policy.--
            (1) The United States is prepared to enforce any violation
        of the JCPOA.
            (2) The United States should continue to ensure that a
        range of national and multilateral tools remain available to
        respond to non-performance by Iran of its JCPOA commitments.
            (3) The United States will continue to leverage the
        commitments of its European allies to join in re-imposing
        sanctions in a calibrated manner as appropriate in the event
        Iran violates the JCPOA incrementally.

SEC. 14. UNITED STATES COORDINATOR FOR THE JOINT COMPREHENSIVE PLAN OF
              ACTION.

    (a) Designation.--The President shall designate within the
Department of State a special coordinator for implementation of and
compliance with the Joint Comprehensive Plan of Action regarding the
Iran's nuclear program (in this section referred to as the
``Coordinator'').
    (b) Status.--The role of the Coordinator should be filled by an
official of the Department of State appointed by and serving at the
pleasure of the President.
    (c) Duties.--The Coordinator shall carry out the following duties:
            (1) Coordinate all activities related to implementation of
        the Joint Comprehensive Plan of Action, including--
                    (A) activities of the United States Government
                necessary for implementation of the Joint Comprehensive
                Plan of Action;
                    (B) activities of the United States Government to
                monitor all elements of the implementation of the JCPOA
                by Iran and track all incidences of noncompliance with
                the JCPOA; and
                    (C) with the Secretary of Energy, activities of the
                United States Government with respect to the JCPOA that
                involve the International Atomic Energy Agency and
                other nongovernmental or multilateral organizations, as
                appropriate.
            (2) Coordinate with the Department of the Treasury and
        other agencies as appropriate--
                    (A) to ensure the continued comprehensive
                investigation and designation of persons providing
                support for, or otherwise facilitating, the ability of
                the Government of Iran--
                            (i) to acquire, develop, or engage in the
                        proliferation of ballistic missiles or cruise
                        missiles;
                            (ii) to support, directly or indirectly,
                        acts of international terrorism; or
                            (iii) to commit human rights abuses; and
                    (B) to assess and report on the use by the
                Government of Iran of funds made available through
                sanctions relief.
    (d) Consultations.--The Coordinator shall consult with Congress,
domestic and international nongovernmental organizations, and
multilateral organizations and institutions as the Coordinator
considers appropriate to fulfill the purposes of this section.

SEC. 15. UNIFIED POLICY ON ARMS AND BALLISTIC AND CRUISE MISSILE SALES
              TO IRAN.

    It is the sense of Congress that Iran should continue to be
prohibited from undertaking any activity related to ballistic or cruise
missiles capable of delivering nuclear weapons, including launches
using ballistic or cruise missile technology, and United Nations member
states should take all necessary measures to prevent the transfer of
technology or technical assistance to Iran related to such activities.

SEC. 16. INTERNATIONAL ATOMIC ENERGY AGENCY.

    (a) Sense of Congress.--It is the sense of Congress that the
International Atomic Energy Agency (IAEA) must have sufficient funding,
manpower, and authority to undertake its verification responsibilities
related to the JCPOA or any other related agreement, and the President
should engage with international partners to ensure that the IAEA
receives the full additional $10,600,000 per year necessary to fulfill
its verification responsibilities under the JCPOA or any other related
agreement.
    (b) Report.--Not later than January 10, 2016, and every 180 days
thereafter, the President shall submit to the appropriate congressional
committees a report outlining efforts with international partners to
achieve the goal in subsection (a) and identifying impediments to
achieving the goal.
    (c) Authorization.--There are authorized to be appropriated for
fiscal years 2016 through 2026 such sums as may be necessary to meet
the United States annual funding commitments to the IAEA as well as the
United States portion of additional funds needed for the IAEA to
fulfill its verification responsibilities under the JCPOA or any other
related agreement.

SEC. 17. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the
                Committee on Banking, Housing, and Urban Affairs, and
                the Select Committee on Intelligence of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee
                on Financial Services, and the Permanent Select
                Committee on Intelligence of the House of
                Representatives.
            (2) Appropriate congressional committees and leadership.--
        The term ``appropriate congressional committees and
        leadership'' means the appropriate congressional committees,
        the Majority and Minority Leaders of the Senate, and the
        Speaker, Majority Leader, and Minority Leader of the House of
        Representatives.
            (3) Joint comprehensive plan of action.--The term ``Joint
        Comprehensive Plan of Action'' means the Joint Comprehensive
        Plan of Action signed at Vienna on July 14, 2015, by Iran and
        by France, Germany, the Russian Federation, the People's
        Republic of China, the United Kingdom, and the United States,
        and all implementing materials and agreements related to the
        Joint Comprehensive Plan of Action.
            (4) Intelligence community.--The term ``intelligence
        community'' means the intelligence community specified in or
        designated under section 3(4) of the National Security Act of
        1947 (50 U.S.C. 3003(4)).

Summary: Iran Policy Oversight Act of 2015 This bill directs the Department of State, the Department of Defense, the Department of the Treasury, and the Director of National Intelligence to submit to Congress every two years a joint 10-year strategy to counter Iranian activities in the Middle East, North Africa, and beyond. The President is authorized to: take appropriate measures to enhance Israel's qualitative military edge, deter Iranian conventional and nuclear threats, and counter non-peaceful Iranian nuclear activities. Provide any additional foreign military financing to Israel in FY2018-FY2028 to address Iranian threats. And accelerate co-development and support Israeli development of missile defense systems, and to engage in discussions to bolster Israel's conventional deterrent and deepen intelligence cooperation. The President shall provide assistance to ensure Israel's qualitative military edge and deter Iranian conventional and nuclear threats. It is the sense of Congress that Treasury's Office of Foreign Assets Control should be fully funded to ensure strict enforcement of sanctions against Iranian actors in the areas of ballistic or cruise missile proliferation, terrorism, and human rights abuses, and to ensure effective re-imposition of sanctions in the event of Iran's violation or breach of the Joint Comprehensive Plan of Action (JCPOA). US property sanctions shall be continued against Iranian personsentities engaged in the proliferation of weapons of mass destruction, including missile proliferation, terrorism, or human rights abuses, until the President makes public a notification that justifies lifting sanctions. The President shall report to Congress every 180 days regarding specified uses of funds by Iran received as part of sanctions relief under the JCPOA. If the President determines that Iran has directed or conducted an act of terrorism against the United States or that Iran has substantially increased its operational or financial support for a terrorist organization that threatens US interests or allies, there shall be an expedited procedure for congressional approval of new sanctions against Iran. The Atomic Energy Act of 1954 is amended to require the President to report to Congress every 180 days regarding Iranian research and development and breakout times. The President shall designate within the State Department a special coordinator for implementation of and compliance with the JCPOA regarding the Iran's nuclear program. It is the sense of Congress that: Iran should continue to be prohibited from undertaking any activity related to ballistic or cruise missiles capable of delivering nuclear weapons. And the International Atomic Energy Agency must have sufficient funding, manpower, and authority to undertake its verification responsibilities related to the JCPOA or any other related agreement.

Iran Policy Oversight Act of 2015


SECTION 1. SHORT TITLE; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Hazard Reporting
Protection Act of 1999''.
    (b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made in a section or
other provision of the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.)

SEC. 2. EMPLOYEE ACTIONS.

    Section 11(c)(1) (29 U.S.C. 660(c)(1) is amended by adding at the
end the following: ``including reporting any injury, illness or unsafe
condition.''

SEC. 3. PROHIBITION OF DISCRIMINATION.

    Section 11(c) (29 U.S.C. 660(c)) is amended by striking out
paragraph (2) and inserting in lieu thereof the following:
            ``(2) No person shall discharge or in any manner
        discriminate against an employee for refusing to perform the
        employee's duties when the employee has a reasonable
        apprehension that performing such duties would result in
        serious injury or serious impairment of health to the employee
        or other employees. The circumstances causing the employee's
        apprehension of serious injury must be of such a nature that a
        reasonable person would conclude that there is a danger of
        serious injury or serious impairment of health. In order to
        qualify for protection, where possible, the employee must have
        communicated to his employer the danger perceived.''.

SEC. 4. PROCEDURE.

    Section 11(c) (29 U.S.C. 660(c)) is amended by striking out
paragraph (3) and inserting in lieu thereof the following:
            ``(3) Any employee who believes that he has been
        discharged, disciplined, or otherwise discriminate against in
        violation of paragraph (1) or (2) may, within 180 days after
        such alleged violation occurs, file (or have filed by any
        person on the employee's behalf) a complaint with the Secretary
        alleging such discharge, discipline, or discrimination. Upon
        receipt of such a complaint, the Secretary shall notify the
        person named in the complaint of the filing of the complaint.
            ``(4)(A) Within 90 days of receipt of a complaint filed
        under paragraph (3), the Secretary shall conduct an
        investigation and determine whether there is reasonable cause
        to believe that the complaint has merit and notify the
complainant and the person alleged to have committed the violation of
paragraph (1) or (2) of the Secretary's findings. Where the Secretary
has concluded that there is reasonable cause to believe that a
violation has occurred, the Secretary's findings shall be accompanied
by a preliminary order providing the relief prescribed by paragraph
(D).
        ``Thereafter,
                    ``(i) the person alleged to have committed the
                violation or the complainant may, within 30 days, file
                objections to the findings or preliminary order, or
                both, and request a hearing on the record, except that
                the filing of such objections shall not operate to stay
                any reinstatement remedy contained in the preliminary
                order.
                    ``(ii) Where a hearing is not timely requested, the
                preliminary order shall be deemed a final order which
                is not subject to judicial review.
            ``(B) If the Secretary has not issued findings under
        paragraph (4)(A) within 90 days, and the employee or
        representative of the employee files a request for a hearing
        with the Secretary, the Secretary shall afford an opportunity
        for a hearing on the record.
            ``(C) When requested, a hearing shall be conducted by an
        administrative law judge of the Department of Labor and a
        recommended decision and order issued expeditiously. The legal
        burdens of proof that prevail under section 1221 of title 5,
        United States Code, shall govern adjudication of violations
        under this subsection. The Secretary shall issue a final order
        within 120 days of the issuance of the recommended decision. In
        the interim, such proceedings may be terminated at any time on
        the basis of a settlement agreement entered into by the
        Secretary, the complainant, and the person alleged to have
        committed the violation.
            ``(D) If, in response to a complaint filed under paragraph
        (3), the Secretary determines that a violation of paragraphs
        (1) or (2) has occurred, the Secretary may order--
                    ``(i) the person who committed such violation to
                correct the violation,
                    ``(ii) such person to reinstate the complainant to
                the complainant's former position together with the
                compensation (including back pay), terms, conditions,
                and privileges of the position,
                    ``(iii) compensatory damages, and
                    ``(iv) exemplary damages.
        Upon issuance of such an order, the Secretary may assess
        against the person against whom the order is issued a sum equal
        to the aggregate amount of all costs and expenses (including
attorney's fees and expert witness fees) reasonably incurred, as
determined by the Secretary, by the complainant for, or in connection
with, the bringing of the complaint upon which the order was issued,
including costs and expenses incurred upon review before a court of
appeals.
            ``(E) In conducting an investigation or adjudication under
        this paragraph, the provisions of section 8(b) of this act
        shall apply.
            ``(5)(A) Any person adversely affected or aggrieved by a
        final order issued under paragraph (4)(C) may obtain review of
        the order before the United States court of appeals for the
        circuit in which the violation, with respect to which the order
        was issued, occurred, or the circuit in which such person
        resided on the date of such violation. The petition for review
        must be filed within 60 days from the issuance of the
        Secretary's order. Such review shall be in accordance with the
        provisions of chapter 7 of title 5, United States Code. An
        order of the Secretary subject to review under this subsection
        is not subject to judicial review in a criminal or other civil
        proceeding. The commencement proceedings under this subsection
        shall not, unless ordered by the court, operate as a stay of
        the order of the Secretary.
            ``(B) Whenever a person has failed to comply with a final
        order or an order of reinstatement issued under paragraph (4),
        the Secretary or the person on behalf of whom the order was
        issued may file a civil action in the United States district
        court for the district in which the violation was found to
        occur in order to enforce such order. In actions brought under
        this subparagraph, the district court shall have jurisdiction
        to grant additional appropriate relief in light of the
        noncompliance.''.

SEC. 5. EFFECTIVE DATE.

    This Act shall take effect ninety days after the date of enactment
of this Act.

Summary: Hazard Reporting Protection Act of 1999 - Amends the Occupational Safety and Health Act of 1970 to revise and expand protections for employees reporting workplace hazards to the Occupational Safety and Health Administration. Includes reporting any injury, illness or unsafe condition among those employee actions in exercise of their rights under the Act for which employers are prohibited from discharging or otherwise discriminating against them. Prohibits discharging or discriminating against an employee for refusing to perform the employee's duties when the employee has a reasonable apprehension that performing such duties would result in serious injury or serious impairment of health to the employee or other employees. Allows discrimination complaints to be filed by other persons on behalf of employees, or directly by employees. Extends from 30 to 180 days the deadline for filing a complaint after an alleged violation. Requires a preliminary order providing relief to accompany any findings of the Secretary of Labor that there is reasonable cause to believe that a violation has occurred. Authorizes the Secretary to order various types of preliminary and final relief, including correction of violations, reinstatement, compensatory and exemplary damages, and payment of legal costs. Sets forth administrative and judicial review procedures.

Hazard Reporting Protection Act of 1999


SECTION 1. ENERGYGRANT COMPETITIVE EDUCATION PROGRAM.

    (a) Definitions.--In this section:
            (1) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given the
        term in section 101(a) of the Higher Education Act of 1965 (20
        U.S.C. 1001(a)).
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Energy, acting through the Director appointed under
        subsection (c).
            (3) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United
                States.
    (b) Establishment.--The Secretary shall establish and carry out a
program to awards grants, on a competitive basis, to each consortium of
institutions of higher education operating in each of the regions
established under subsection (d) to conduct research, extension, and
education programs relating to the energy needs of the regions.
    (c) Director.--The Secretary shall appoint a Director to carry out
the program established under this section.
    (d) Grants.--
            (1) In general.--The Secretary shall use amounts made
        available under this section to award grants, on a competitive
        basis, to each consortium of institutions of higher education
        located in each of at least 6 regions established by the
        Secretary that, collectively, cover all States.
            (2) Manner of distribution.--
                    (A) In general.--Except as provided in subparagraph
                (B), in making grants for a fiscal year under this
                section, the Secretary shall award grants to each
                consortium of institutions of higher education in equal
                amounts for each region of not less than $50,000,000
                for each region.
                    (B) Territories and possessions.--The Secretary may
                adjust the amount of grants awarded to a consortium of
                institutions of higher education in a region under this
                section if the region contains territories or
                possessions of the United States.
            (3) Plans.--As a condition of an initial grant under this
        section, a consortium of institutions of higher education in a
        region shall submit to the Secretary for approval a plan that--
                    (A) addresses the energy needs for the region; and
                    (B) describes the manner in which the proposed
                activities of the consortium will address those needs.
            (4) Failure to comply with requirements.--If the Secretary
        finds on the basis of a review of the annual report required
        under subsection (g) or on the basis of an audit of a
        consortium of institutions of higher education conducted by the
        Secretary that the consortium has not complied with the
        requirements of this section, the consortium shall be
        ineligible to receive further grants under this section for
        such period of time as may be prescribed by the Secretary.
    (e) Use of Funds.--
            (1) Competitive grants.--
                    (A) In general.--A consortium of institutions of
                higher education in a region that is awarded a grant
                under this section shall use the grant to conduct
                research, extension, and education programs relating to
                the energy needs of the region, including--
                            (i) the promotion of low-carbon clean and
                        green energy and related jobs that are
                        applicable to the region;
                            (ii) the development of low-carbon green
                        fuels to reduce dependency on oil;
                            (iii) the development of energy storage and
                        energy management innovations for intermittent
                        renewable technologies; and
                            (iv) the accelerated deployment of
                        efficient-energy technologies in new and
                        existing buildings and in manufacturing
                        facilities.
                    (B) Administration.--
                            (i) In general.--Subject to clauses (ii)
                        through (vi), the Secretary shall make grants
                        under this paragraph in accordance with section
                        989 of the Energy Policy Act of 2005 (42 U.S.C.
                        16353).
                            (ii) Priority.--A consortium of
                        institutions of higher education in a region
                        shall give a higher priority to programs that
                        are consistent with the plan approved by the
                        Secretary for the region under subsection
                        (d)(3).
                            (iii) Term.--A grant awarded to a
                        consortium of institutions of higher education
                        under this section shall have a term that does
                        not exceed 5 years.
                            (iv) Cost-sharing requirement.--As a
                        condition of receiving a grant under this
                        paragraph, the Secretary shall require the
                        recipient of the grant to share costs relating
                        to the program that is the subject of the grant
                        in accordance with section 988 of the Energy
                        Policy Act of 2005 (42 U.S.C. 16352).
                            (v) Buildings and facilities.--Funds made
                        available for grants under this section shall
                        not be used for the construction of a new
                        building or facility or the acquisition,
                        expansion, remodeling, or alteration of an
                        existing building or facility (including site
                        grading and improvement and architect fees).
                            (vi) Limitation on indirect costs.--A
                        consortium of institutions of higher education
                        may not recover the indirect costs of using
                        grants under subparagraph (A) in excess of the
                        limits established under paragraph (2).
                    (C) Federally funded research and development
                centers.--
                            (i) In general.--A federally funded
                        research and development center may be a member
                        of a consortium of institutions of higher
                        education that receives a grant under this
                        section.
                            (ii) Scope.--The Secretary shall ensure
                        that the scope of work performed by a single
                        federally funded research and development
                        center in the consortium is not more
                        significant than the scope of work performed by
                        any of the other academic institutions of
                        higher education in the consortium.
            (2) Administrative expenses.--A consortium of institutions
        of higher education may use up to 15 percent of the funds
        described in subsection (d) to pay administrative and indirect
        expenses incurred in carrying out paragraph (1), unless
        otherwise approved by the Secretary.
    (f) Grant Information Analysis Center.--A consortium of
institutions of higher education in a region shall maintain an Energy
Analysis Center at 1 or more of the institutions of higher education to
provide the institutions of higher education in the region with
analysis and data management support.
    (g) Annual Reports.--Not later than 90 days after the end of each
fiscal year, a consortium of institutions of higher education receiving
a grant under this section shall submit to the Secretary a report that
describes the policies, priorities, and operations of the program
carried out by the consortium of institutions of higher education under
this section during the fiscal year.
    (h) Administration.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish such criteria and
procedures as are necessary to carry out this section.
    (i) Coordination.--The Secretary shall coordinate with the
Secretary of Agriculture and the Secretary of Commerce each activity
carried out under the program under this section--
            (1) to avoid duplication of efforts; and
            (2) to ensure that the program supplements and does not
        supplant--
                    (A) the Sun Grant program established under section
                7526 of the Food, Conservation, and Energy Act of 2008
                (7 U.S.C. 8114); and
                    (B) the national Sea Grant college program carried
                out by the Administrator of the National Oceanic and
                Atmospheric Administration.
    (j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out--
            (1) this section $300,000,000 for each of fiscal years 2010
        through 2014; and
            (2) the activities of the Department of Energy (including
        biomass and bioenergy feedstock assessment research) under the
        Sun Grant program established under section 7526 of the Food,
        Conservation, and Energy Act of 2008 (7 U.S.C. 8114)
        $15,000,000 for each of fiscal years 2010 through 2014.

Summary: Directs the Secretary of Energy to award competitive matching grants to consortia of institutions of higher education (IHEs) located in at least six regions covering all the states to conduct research, extension, and education programs relating to the energy needs of such regions. Includes among such needs: (1) the promotion of low-carbon clean and green energy and related jobs. (2) the development of low-carbon green fuels to reduce dependency on oil. (3) the development of energy storage and energy management innovations for intermittent renewable technologies. And (4) the accelerated deployment of efficient-energy technologies in buildings and manufacturing facilities. Allows federally funded research and development centers to be members of such consortia. Requires each grantee to maintain an Energy Analysis Center to provide the IHEs in the region with analysis and data management support. Authorizes appropriations for this Act's grant program and the Department of Energy's Sun Grant program, which supports research involving bioenergy and biofuels production.

A bill to require the Secretary of Energy to establish an EnergyGrant Competitive Education Program to competitively award grants to consortia of institutions of higher education in regions to conduct research, extension, and education programs relating to the energy needs of the region.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Integrity of the United States
Courts Act of 2001''.

SEC. 2. JUDICIAL REVIEW OF BINATIONAL PANEL DECISIONS.

    (a) In General.--Subtitle A of title IV of the North American Free
Trade Agreement Implementation Act (19 U.S.C. 3431 et seq.) is amended
by inserting after section 404 the following new section:

``SEC. 404A. REVIEW OF BINATIONAL PANEL DETERMINATIONS.

    ``(a) Basis for Review in Court of International Trade.--
            ``(1) In general.--If, within 30 days after publication in
        the Federal Register of notice that a binational panel has
        issued a determination following a review under article 1904 of
        a decision of a competent investigating authority in the United
        States, a party or person within the meaning of paragraph 5 of
        article 1904 alleges that--
                    ``(A)(i) the determination of the panel was based
                on a misinterpretation of United States law;
                    ``(ii) a member of a panel was guilty of a gross
                misconduct, bias, or a serious conflict of interest, or
                otherwise materially violated the rules of conduct,
                    ``(iii) the panel seriously departed from a
                fundamental rule of procedure, or
                    ``(iv) the panel manifestly exceeded its powers,
                authority, or jurisdiction set out in article 1904, as
                in failing to apply the appropriate standard of review,
                and
                    ``(B) any of the actions described in subparagraph
                (A) has materially affected the panel's decision and
                threatens the integrity of the binational panel review
                process,
        then such party or person may file an appeal with the United
        States Court of International Trade, seeking review of the
        binational panel determination, pursuant to section 516A of the
        Tariff Act of 1930.
            ``(2) Review in court of international trade where
        binational panel does not act.--If a request for a panel review
        has been made under article 1904 and a panel is not convened
        within 315 days of the request, the Party requesting the panel
        review or person within the meaning of paragraph 5 of article
        1904 may file an appeal of the antidumping or countervailing
        duty determination with respect to which the request was filed
        with the United States Court of International Trade.
    ``(b) Decisions of the Court.--
            ``(1) In general.--In any appeal filed under subsection
        (a)(1) for review of a binational panel determination, the
        Court of International Trade shall, after examining the legal
        and factual analysis underlying the findings and conclusions of
        the panel's decision, determine whether any of the actions
        described in subsection (a)(1)(A) has been established. If the
        court finds that any of those actions has been established, the
        court shall vacate the original panel decision and enter
        judgment accordingly. If the actions are not established, the
        court shall affirm the original binational panel decision.
        Decisions of the Court of International Trade under this
        section shall be binding on the parties with respect to the
        matters between the parties that were before the panel.
            ``(2) Decisions where panel not convened.--In the case of
        an appeal filed under subsection (a)(2) for review of a
        determination of a competent investigating authority, the Court
        of International Trade shall, after examining the legal and
        factual analysis underlying the findings and conclusions of the
        investigating authority's determination, determine whether the
        determination was made in accordance with article 1904. If the
        court finds that the determination was not in accordance with
        article 1904 or is not supported by the legal and factual
        analysis, the court shall vacate the investigating authority's
        determination and enter judgment accordingly. If the court
        finds that the determination was in accordance with article
        1904 and is supported by the legal and factual analysis, the
        court shall affirm the investigating authority's determination.
        Decisions of the Court of International Trade under this
        section shall be binding on the parties with respect to the
        matters between the parties that would have been before a panel
        had the panel been convened.
    ``(c) Exclusive Jurisdiction.--If a party or person within the
meaning of paragraph 5 of article 1904 timely files a notice of appeal
to the Court of International Trade pursuant to this section, then
jurisdiction exclusively resides with the United States Court of
International Trade, and such determinations are not subject to review
by an extraordinary challenge committee under paragraph 13 of article
1904.
    ``(d) Applicability.--Subsections (a)(1), (b)(1), and (c) apply to
all goods from NAFTA countries which were subject to an antidumping
duty or countervailing duty determination of a competent investigating
authority in the United States.''.
    (b) Conforming Amendment.--The table of contents of the North
American Free Trade Implementation Act is amended by inserting after
the item relating to section 404 the following:

``Sec. 404A. Review of binational panel determinations.''.

SEC. 3. JURISDICTION OF THE COURT OF INTERNATIONAL TRADE.

    Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is
amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (A)(i)(I), by striking ``or
                (viii)'' and inserting ``(viii), (ix), or (x)''; and
                    (B) in subparagraph (B), by adding at the end the
                following:
                            ``(ix) A final determination of a
                        binational panel convened pursuant to article
                        1904 of the NAFTA.
                            ``(x) A final determination of an
                        investigating authority described in section
                        404A(a)(2) of the North American Free Trade
                        Agreement Implementation Act.'';
            (2) in subsection (a)(5), in the matter preceding
        subparagraph (A), by inserting ``(other than a determination
        described in subsection (g)(3)(A)(vii))'' after ``apply''; and
            (3) in subsection (g)(3)(A)--
                    (A) in clause (v), by striking ``or'' at the end;
                    (B) in clause (vi), by striking the period and
                inserting ``, or''; and
                    (C) by adding at the end the following:
                            ``(vii) a determination of which either a
                        party or person within the meaning of paragraph
                        5 of article 1904 of the NAFTA has requested
                        review pursuant to section 404A of the North
                        American Free Trade Agreement Implementation
                        Act.''.

SEC. 4. APPLICATION TO CANADA AND MEXICO.

    Pursuant to article 1902 of the North American Free Trade Agreement
and section 408 of the North American Free Trade Agreement
Implementation Act, the amendments made by this Act shall apply with
respect to goods from Canada and Mexico.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall apply to any final
determination of a binational panel convened pursuant to article 1904
of the North American Free Trade Agreement or to a final determination
of a competent investigating authority with respect to which section
404A(a)(2) of the North American Free Trade Agreement Implementation
Act applies, notice of which is published in the Federal Register on or
after the date of enactment of this Act.

Summary: Integrity of the United States Courts Act of 2001 - Amends the North American Free Trade Agreement (NAFTA) Implementation Act to permit a party or person to file with the US Court of International Trade an appeal of a determination of a binational panel, alleging that a panel determination was based on a misinterpretation of US law, a member of a binational panel is guilty of gross misconduct, bias, or serious conflict of interest, or that the panel seriously departed from a fundamental rule of procedure or exceeded its own authority, and such actions have materially affected panel determinations with respect to antidumping and countervailing duty cases and threaten the integrity of the panel review process. Authorizes a party to file an appeal of the antidumping or countervailing duty determination with the US Court of International Trade if such party has requested a panel review of the determination, but such panel is not convened within 315 days. Amends the Tariff Act of 1930 to grant the US Court of International Trade jurisdiction over the review of a final determination of a binational panel or an investigating authority. Declares that the amendments made by this Act with respect to antidumping and countervailing duty law shall apply to goods from Canada and Mexico.

A bill to provide for review in the Court of International Trade of certain determinations of binational panels under the North American Free Trade Agreement.


SECTION 1. SELECTION PANEL TO RECOMMEND INDIVIDUALS FOR COMMISSIONER OF
              INTERNAL REVENUE.

    (a) President To Nominate New Commissioner From Individuals
Recommended by Selection Commission.--Subsection (a) of section 7802 of
the Internal Revenue Code of 1986 (relating to Commissioner of Internal
Revenue; Assistant Commissioners; Taxpayer Advocate) is amended by
inserting ``from individuals recommended by the Selection Commission
under subsection (e)'' after ``appointed by the President''.
    (b) Selection Commission.--Section 7802 of such Code is amended by
adding at the end the following new subsection:
    ``(e) Selection of Commissioner of Internal Revenue.--
            ``(1) In general.--When a vacancy occurs (or is expected to
        occur within 150 days) in the office of Commissioner of
        Revenue, a Selection Commission is established to recommend
        individuals to the President for appointment to the vacant
        office.
            ``(2) Selection commission.--The Selection Commission shall
        be composed of 5 individuals (from among individuals having
        contacts with the Internal Revenue Service in a professional
        capacity) appointed by the following organizations as follows:
                    ``(A) A representative from the American Institute
                of Certified Public Accountants who is a certified
                public accountant.
                    ``(B) A representative from the American Bar
                Association who is a member of the Tax Division.
                    ``(C) A scientist from the National Academy of
                Scientists.
                    ``(D) An engineer from the Institute for Electronic
                and Electrical Engineers.
                    ``(E) An economist from the American Economics
                Association.
        A vacancy in the Selection Commission shall be filled not later
        than 14 days after the date of the creation of the vacancy in
        the manner in which the original appointment was made.
            ``(3) Minimum number of recommended individuals.--A
        Selection Commission shall recommend at least 3 individuals.
        The President may request the Selection Commission to recommend
        additional individuals.
            ``(4) Deadline for recommendations.--Except for additional
        recommendations requested by the President under paragraph (3),
        the Selection Commission shall make its recommendations for
        Commissioner of Internal Revenue not later than 60 days after
        the date such Commission is established.
            ``(5) Administrative provisions.--
                    ``(A) Chairperson.--The Chairperson of the
                Selection Commission shall be elected by the members.
                If not so elected within the 10-day period beginning on
                the date the Selection Commission first meets, the
                Chairperson shall be appointed by the President.
                    ``(B) Rates of pay.--Members of the Selection
                Commission shall be paid at a rate equal to the daily
                equivalent of the minimum annual rate of basic pay
                payable for level IV of the Executive Schedule (level
                III in the case of the Chairman of the Selection
                Commission) for each day (including travel time) during
                which they are engaged in the actual performance of
                duties vested in the Selection Commission.
                    ``(C) Travel expenses.--Each member of the
                Selection Commission shall receive travel expenses,
                including per diem in lieu of subsistence, in
                accordance with sections 5702 and 5703 of title 5,
                United States Code.
                    ``(D) Staff.--The Selection Commission shall
                appoint a Director who shall be paid at the rate of
                basic pay payable for level IV of the Executive
                Schedule. With the approval of the Selection
                Commission, the Director may appoint and fix the pay of
                not more than 2 additional employees who shall be paid
                at a rate not to exceed the rate of basic pay payable
                for level IV of the Executive Schedule.
                    ``(E) Applicability of certain civil service
                laws.--The Director and staff of the Selection
                Commission may be appointed without regard to the
                provisions of title 5, United States Code, governing
                appointments in the competitive service, and may be
                paid without regard to the provisions of chapter 51 and
                subchapter III of chapter 53 of that title relating to
                classification and General Schedule pay rates.
                    ``(F) Meetings.--The meetings of the Selection
                Commission shall be in executive session.
                    ``(G) Mails.--The Selection Commission may use the
                United States mails in the same manner and under the
                same conditions as other Federal agencies.
            ``(6) Termination.--The Selection Commission shall
        terminate at the close of the 7th day after the date on which
        an individual recommended by the Commission is sworn in as
        Commissioner of Internal Revenue.''
    (c) Term of Commissioner of Internal Revenue.--Subsection (a) of
section 7802 of such Code is amended by adding at the end the following
new sentence: ``The term of the Commissioner of Internal Revenue is 6
years.''
    (d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act but the amendment made
by subsection (c) shall not apply to the individual holding the office
of Commissioner of Internal Revenue on such date.

Summary: Amends the Internal Revenue Code to provide that the Commissioner of Internal Revenue shall: (1) be appointed from among individuals recommended by a Selection Commission established by this Act, and (2) serve a six-year term.

To amend the Internal Revenue Code of 1986 to provide that the Commissioner of Internal Revenue shall be nominated from individuals recommended by a selection panel and to provide a 6-year term for such Commissioner.