Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tax Incentives for Family-Friendly
Workplaces Act of 1996''.

SEC. 2. SMALL BUSINESS FAMILY AND MEDICAL LEAVE CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:

``SEC. 45C. SMALL BUSINESS FAMILY AND MEDICAL LEAVE CREDIT.

    ``(a) Amount of Credit.--For purposes of section 38, in the case of
an eligible small business employer, the amount of the small business
family and medical leave credit determined under this section for any
taxable year shall be an amount equal to 50 percent of the qualified
family and medical leave costs paid or incurred by the taxpayer during
such taxable year.
    ``(b) Limitation on Credit.--The credit allowed by subsection (a)
with respect to each employee for qualified family and medical leave
costs paid or incurred by the taxpayer during the taxable year with
respect to such employee shall not exceed $2,000.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Eligible small business employer.--The term `eligible
        small business employer' means any employer who complies with
        title I of the Family and Medical Leave Act of 1993 but who is
        not required to comply with such title by reason of employing
        fewer than 50 employees during the periods described in section
        101(4)(A) of such Act.
            ``(2) Qualified family and medical leave costs.--The term
        `qualified family and medical leave costs' means expenses
        incurred in connection with complying with title I of the
        Family and Medical Leave Act of 1993.
    ``(d) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for that portion of the qualified family and medical
leave costs otherwise allowable as a deduction for the taxable year
which is equal to the amount of the credit determined for such taxable
year under this section.''
    (b) Conforming Amendment.--Subsection (b) of section 38 of such
Code is amended by striking ``plus'' at the end of paragraph (10), by
striking the period at the end of paragraph (11) and inserting ``,
plus'', and by adding at the end the following new paragraph:
            ``(12) in the case of an eligible small business employer
        (as defined in section 45C(c)), the small business family and
        medical leave credit determined under section 45C.''
    (c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

                              ``Sec. 45C. Small business family and
                                        medical leave credit.''
    (d) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred after the date which is 6 months
after the date of the enactment of this Act.

SEC. 3. CREDIT FOR WAGES PAID TO EMPLOYEE WHO IS ALLOWED TO SHIFT HOURS
              OF EMPLOYMENT OR TO WORK AT HOME IN ORDER TO REDUCE CHILD
              CARE NEEDS.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits), as amended by section 2, is amended by adding at the end the
following new section:

``SEC. 45D. WAGES PAID TO EMPLOYEE WHO IS ALLOWED TO SHIFT HOURS OF
              EMPLOYMENT OR WORK AT HOME IN ORDER TO REDUCE CHILD CARE
              NEEDS.

    ``(a) In General.--For purposes of section 38, the amount of the
child care-related wage credit determined under this section for any
taxable year shall be an amount equal to \1/3\ of the aggregate wages
paid or incurred during such year which are attributable to services
performed by an employee of the taxpayer during the 1-year period
beginning on the date the employee first becomes a qualified employee
of the taxpayer.
    ``(b) Qualified Employee.--For purposes of this section, the term
`qualified employee' means any full-time employee if--
            ``(1) such employee is permitted by the employer, solely in
        order to reduce the amount of dependent care services provided
        (to a dependent of the employee) outside the employee's
        household, to perform services for the employer--
                    ``(A) at the employee's home, or
                    ``(B) during a period which is not within the
                normal business hours of the employer, and
            ``(2) as a result of the services performed for the
        employer as described in subparagraphs (A) and (B) of paragraph
        (1), there is at least a 20 percent reduction in the amount of
        time dependent care services are provided to a dependent of the
        employee outside the employee's household.
    ``(c) Other Definitions and Special Rules.--For purposes of this
section--
            ``(1) Employee must be qualified employee for entire
        year.--No credit shall be determined under subsection (a) with
        respect to any employee unless such employee is a qualified
        employee throughout the 1-year period described in subsection
        (a).
            ``(2) Only $6,000 of wages per year taken into account.--
        The amount of the wages which may be taken into account with
        respect to any employee shall not exceed $6,000 per year.
            ``(3) Wages.--The term `wages' has the meaning given such
        term by section 51(c) (determined without regard to paragraph
        (4) thereof).
            ``(4) Certain rules to apply.--Rules similar to the rules
        of section 52 and subsections (f), (g), (h), (i), and (k) of
        section 51 shall apply.''
    (b) Conforming Amendment.--Subsection (b) of section 38 of such
Code (relating to current year business credit), as amended by section
2(b), is amended by striking ``plus'' at the end of paragraph (11), by
striking the period at the end of paragraph (12) and inserting ``,
plus'', and by adding at the end the following new paragraph:
            ``(13) the child care-related wage credit determined under
        section 45D(a).''
    (c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

                              ``Sec. 45D. Wages paid to employee who is
                                        allowed to shift hours of
                                        employment or work at home in
                                        order to reduce child care
                                        needs.''
    (d) Effective Date.--
            (1) In general.--The amendments made by this section shall
        apply to wages paid or incurred after the date which is 6
        months after the date of the enactment of this Act.
            (2) Employer practices before effective date.--For purposes
        of section 45D(b)(2) of the Internal Revenue Code of 1986, as
        added by this section, no reduction before the 1st taxable year
        to which such section applies shall be taken into account.

Output: Tax Incentives for Family-Friendly Workplaces Act of 1996 - Amends the Internal Revenue Code to allow a small business family and medical leave credit and a credit for wages paid to employees who are permitted to shift employment hours or to work at home in order to reduce child care needs.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lower Colorado River Multi-Species
Conservation Program Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Lower colorado river multi-species conservation
        program.--The term ``Lower Colorado River Multi-Species
        Conservation Program'' or ``LCR MSCP'' means the cooperative
        effort on the Lower Colorado River between Federal and non-
        Federal entities in Arizona, California, and Nevada approved by
        the Secretary of the Interior on April 2, 2005.
            (2) Lower colorado river.--The term ``Lower Colorado
        River'' means the Colorado River from Lake Mead to the
        Southerly International Boundary with Mexico, including its
        historic floodplain and its mainstem reservoirs to their full
        pool elevations.
            (3) Program documents.--The term ``Program Documents''
        means the Habitat Conservation Plan, Biological Assessment and
        Biological and Conference Opinion, Environmental Impact
        Statement/Environmental Impact Report, Funding and Management
        Agreement, Implementing Agreement, and Section 10(a)(1)(B)
        Permit issued and, as applicable, executed in connection with
        the LCR MSCP.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (5) State.--The term ``State'' means each of the States of
        Arizona, California, and Nevada.
            (6) Steering committee.--The term ``Steering Committee''
        means the LCR MSCP steering committee established pursuant to
        the Program Documents.

SEC. 3. IMPLEMENTATION AND WATER ACCOUNTING.

    (a) Implementation.--The Secretary shall manage and implement the
LCR MSCP in accordance with the Program Documents.
    (b) Water Accounting.--The Secretary is authorized and directed to
enter into an agreement with the States providing for the use of water
from the Lower Colorado River for habitat creation and maintenance in
accordance with the Program Documents.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the
Secretary such sums as may be necessary to meet the obligations of the
Secretary under the Program Documents, to remain available until
expended.
    (b) Investments.--The Secretary is authorized to invest with the
Secretary of the Treasury such portions of appropriations, and any non-
Federal contributions made pursuant to the Program Documents, as are
not, in the judgment of the Secretary, required to meet current
expenditures. Such investments shall be made only in interest-bearing
obligations of the United States. Funds invested under this subsection
and interest on those funds shall be available to the Secretary to meet
the obligations of the Secretary under the Program Documents.
    (c) Non-Reimbursable and Non-Returnable.--All amounts appropriated
to and expended by the Secretary for the LCR MSCP shall be non-
reimbursable and non-returnable.

SEC. 5. APPLICABLE LAW, CONTINUITY OF PROGRAM, ENFORCEABILITY OF
              PROGRAM DOCUMENTS.

    (a) In General.--Nothing in this Act shall impair any right to the
delivery or beneficial consumptive use of Colorado River water under
any compact, treaty, law, decree, or contract in effect on the date of
enactment of this Act.
    (b) Continuity of Program Documents.--No future act of Congress
relating to Public Law 93-205 (16 U.S.C. 1531 et seq.) shall have the
effect of modifying the Program Documents unless expressly made
applicable to the LCR MSCP.
    (c) Enforceability of Program Documents.--Any party to any
agreement entered into with the United States or any agency thereof
pursuant to the LCR MSCP may commence a civil action in United States
district court to enforce the agreement or to declare the rights and
obligations of the parties under the Program Documents. The district
court shall have jurisdiction of such actions and may issue such
orders, judgments, and decrees as are consistent with the court's
exercise of jurisdiction under this section. The United States or any
agency thereof may be named as a defendant in such actions. The
sovereign immunity of the United States is waived for purposes of
actions commenced pursuant to this section. Nothing in this section
waives the sovereign immunity of the United States to claims for money
damages, monetary compensation, the provision of indemnity, or any
claim seeking money from the United States. Any suit pursuant to this
section may be brought in any United States district court in the State
in which any non-Federal party to the suit is situated.
    (d) Applicable Law.--Nothing in this Act affects the enforceability
of the requirement that the Program Documents comply with existing law
as of April 2, 2005, except that the Steering Committee shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).

Output:
Lower Colorado River Multi-Species Conservation Program Act - Directs the Secretary of the Interior to manage and implement the Lower Colorado River Multi-Species Conservation Program, and to enter into an agreement with Arizona, California, and Nevada providing for the use of water from the Lower Colorado River for habitat creation and maintenance, in accordance with the Habitat Conservation Plan, Biological Assessment and Biological and Conference Opinion, Environmental Impact Statement/Environmental Impact Report, Funding and Management Agreement, Implementing Agreement (Agreement).

Permits any party to an agreement entered into with the United States pursuant to the Program to commence a civil action in U.S. district court to enforce the agreement or to declare the rights and obligations of the parties under the program documents. Grants the district court jurisdiction over any such action.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``White House Quadrennial Small
Business Summit Act of 2001''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``Administrator'' means the Administrator of
        the Small Business Administration;
            (2) the term ``Chief Counsel'' means the Chief Counsel for
        Advocacy of the Small Business Administration;
            (3) the term ``Small Business Commission'' means the
        national White House Quadrennial Commission on Small Business
        established under section 6;
            (4) the term ``Small Business Summit''--
                    (A) means the White House Quadrennial Summit on
                Small Business conducted under section 3(a); and
                    (B) includes the last White House Conference on
                Small Business occurring before 2002;
            (5) the term ``small business'' has the meaning given the
        term ``small business concern'' in section 3 of the Small
        Business Act;
            (6) the term ``State'' means any of the 50 States of the
        United States, the District of Columbia, the Commonwealth of
        Puerto Rico, and the United States Virgin Islands; and
            (7) the term ``State Summit'' means a State Summit on Small
        Business conducted under section 3(b).

SEC. 3. NATIONAL AND STATE QUADRENNIAL SUMMITS ON SMALL BUSINESS.

    (a) Quadrennial Summits.--There shall be a national White House
Quadrennial Summit on Small Business once every 4 years, to be held
during the second year following each Presidential election, to carry
out the purposes set forth in section 4.
    (b) State Summits.--Each Small Business Summit referred to in
subsection (a) shall be preceded by a State Summit on Small Business,
with not fewer than 1 such summit held in each State, and with not
fewer than 2 such summits held in any State having a population of more
than 10,000,000.

SEC. 4. PURPOSES OF SMALL BUSINESS SUMMITS.

    The purposes of each Small Business Summit shall be--
            (1) to increase public awareness of the contribution of
        small business to the national economy;
            (2) to identify the problems of small business;
            (3) to examine the status of minorities and women as small
        business owners;
            (4) to assist small business in carrying out its role as
        the Nation's job creator;
            (5) to assemble small businesses to develop such specific
        and comprehensive recommendations for legislative and
        regulatory action as may be appropriate for maintaining and
        encouraging the economic viability of small business and
        thereby, the Nation; and
            (6) to review the status of recommendations adopted at the
        immediately preceding Small Business Summit.

SEC. 5. SUMMIT PARTICIPANTS.

    (a) In General.--To carry out the purposes set forth in section 4,
the Small Business Commission shall conduct Small Business Summits and
State Summits to bring together individuals concerned with issues
relating to small business.
    (b) Summit Delegates.--
            (1) Qualification.--Only individuals who are owners or
        officers of a small business shall be eligible for appointment
        or election as delegates (or alternates) to the Small Business
        Summit, or be eligible to vote in the selection of delegates at
        the State Summits pursuant to this subsection.
            (2) Appointed delegates.--Two months before the date of the
        first State Summit, there shall be--
                    (A) 1 delegate (and 1 alternate) appointed by the
                Governor of each State;
                    (B) 1 delegate (and 1 alternate) appointed by each
                Member of the House of Representatives, from the
                congressional district of that Member;
                    (C) 1 delegate (and 1 alternate) appointed by each
                Member of the Senate from the home State of that
                Member; and
                    (D) 53 delegates (and 53 alternates) appointed by
                the President, 1 from each State.
            (3) Elected delegates.--The participants at each State
        Summit shall elect 3 delegates and 3 alternates to the Small
        Business Summit for each congressional district within the
        State, or part of the State represented at the Summit, or not
        fewer than 9 delegates, pursuant to rules developed by the
        Small Business Commission.
            (4) Powers and duties.--Delegates to each Small Business
        Summit shall--
                    (A) attend the State summits in his or her
                respective State;
                    (B) elect a delegation chairperson, vice
                chairperson, and other leadership as may be necessary;
                    (C) conduct meetings and other activities at the
                State level before the date of the Small Business
                Summit, subject to the approval of the Small Business
                Commission; and
                    (D) direct such State level summits, meetings, and
                activities toward the consideration of the purposes set
                forth in section 4, in order to prepare for the next
                Small Business Summit.
            (5) Alternates.--Alternates shall serve during the absence
        or unavailability of the delegate.
    (c) Role of the Chief Counsel.--The Chief Counsel shall, after
consultation and in coordination with the Small Business Commission,
assist in carrying out the Small Business Summits and State Summits
required by this Act by--
            (1) preparing and providing background information and
        administrative materials for use by participants in the
        summits;
            (2) distributing issue information and administrative
        communications, electronically where possible through an
        Internet web site and e-mail, and in printed form if requested;
            (3) maintaining an Internet web site and regular e-mail
        communications after each Small Business Summit to inform
        delegates and the public of the status of recommendations and
        related governmental activity; and
            (4) maintaining, between summits, an active interim
        organization of delegate representatives from each region of
        the Administration, to advise the Chief Counsel on each of the
        major small business issue areas, and monitor the progress of
        the Summits' recommendations.
    (d) Expenses.--Each delegate (and alternate) to each Small Business
Summit and State Summit--
            (1) shall be responsible for the expenses of that delegate
        related to attending the summits; and
            (2) shall not be reimbursed either from funds made
        available pursuant to this section or the Small Business Act.
    (e) Advisory Committee.--
            (1) In general.--The Small Business Commission shall
        appoint a Summit Advisory Committee, which shall be composed of
        10 individuals who were participants at the most recently
        preceding Small Business Summit, to advise the Small Business
        Commission on the organization, rules, and processes of the
        Summits.
            (2) Preference.--Preference for appointment under this
        subsection shall be given to individuals who have been active
        participants in the implementation process following the most
        recently preceding Small Business Summit.
    (f) Public Participation.--Small Business Summits and State Summits
shall be open to the public, and no fee or charge may be imposed on any
attendee, other than an amount necessary to cover the cost of any meal
provided, plus, with respect to State Summits, a registration fee to
defray the expense of meeting rooms and materials of not to exceed $20
per person.

SEC. 6. WHITE HOUSE QUADRENNIAL COMMISSION ON SMALL BUSINESS.

    (a) Establishment.--There is established the White House
Quadrennial Commission on Small Business.
    (b) Membership.--
            (1) Appointment.--The Small Business Commission shall be
        composed of 9 members, including--
                    (A) the Chief Counsel;
                    (B) 4 members appointed by the President;
                    (C) 1 member appointed by the Majority Leader of
                the Senate;
                    (D) 1 member appointed by the Minority Leader of
                the Senate;
                    (E) 1 member appointed by the Majority Leader of
                the House of Representatives; and
                    (F) 1 member appointed by the Minority Leader of
                the House of Representatives.
            (2) Selection.--Members of the Small Business Commission
        described in subparagraphs (B) through (F) of paragraph (1)
        shall be selected from among distinguished individuals noted
        for their knowledge and experience in fields relevant to the
        issue of small business and the purposes set forth in section
        4.
            (3) Time of appointment.--The appointments required by
        paragraph (1)--
                    (A) shall be made not later than 18 months before
                the opening date of each Small Business Summit; and
                    (B) shall expire 6 months after the date on which
                each Small Business Summit is convened.
    (c) Election of Chairperson.--At the first meeting of the Small
Business Commission, a majority of the members present and voting shall
elect a member of the Small Business Commission to serve as the
Chairperson.
    (d) Powers and Duties of Commission.--The Small Business
Commission--
            (1) may enter into contracts with public agencies, private
        organizations, and academic institutions to carry out this Act;
            (2) shall consult, coordinate, and contract with an
        independent, nonpartisan organization that--
                    (A) has both substantive and logistical experience
                in developing and organizing conferences and forums
                throughout the Nation with elected officials and other
                government and business leaders;
                    (B) has experience in generating private resources
                from multiple States in the form of event sponsorships;
                and
                    (C) can demonstrate evidence of a working
                relationship with Members of Congress from the majority
                and minority parties, and at least 1 Federal agency;
                and
            (3) shall prescribe such financial controls and accounting
        procedures as needed for the handling of funds from fees and
        charges and the payment of authorized meal, facility, travel,
        and other related expenses.
    (e) Planning and Administration of Summits.--In carrying out the
Small Business Summits and State Summits, the Small Business Commission
shall consult with--
            (1) the Chief Counsel;
            (2) Congress; and
            (3) such other Federal agencies as the Small Business
        Commission determines to be appropriate.
    (f) Reports Required.--Not later than 6 months after the date on
which each Small Business Summit is convened, the Small Business
Commission shall submit to the President and to the Chairpersons and
Ranking Members of the Committees on Small Business of the Senate and
the House of Representatives a final report, which shall--
            (1) include the findings and recommendations of the Small
        Business Summit and any proposals for legislative action
        necessary to implement those recommendations; and
            (2) be made available to the public.
    (g) Quorum.--Four voting members of the Small Business Commission
shall constitute a quorum for purposes of transacting business.
    (h) Meetings.--The Small Business Commission shall meet not later
than 20 calendar days after the appointment of the initial members of
the Small Business Commission, and not less frequently than every 30
calendar days thereafter.
    (i) Vacancies.--Any vacancy on the Small Business Commission shall
not affect its powers, but shall be filled in the manner in which the
original appointment was made.
    (j) Executive Director and Staff.--The Small Business Commission
may appoint and compensate an Executive Director and such other
personnel to conduct the Small Business Summits and State Summits as
the Small Business Commission may determine to be advisable, without
regard to title 5, United States Code, governing appointments in the
competitive service, and without regard to chapter 51 and subchapter
III of chapter 53 of such title, relating to classification and General
Schedule pay rates, except that the rate of pay for the Executive
Director and other personnel may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title.
    (k) Funding.--Members of the Small Business Commission shall be
allowed travel expenses, including per diem in lieu of subsistence at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Small Business Commission.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS; AVAILABILITY OF FUNDS.

    (a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out each Small Business Summit and the State
Summits required by this Act, $5,000,000, which shall remain available
until expended. New spending authority or authority to enter contracts
as provided in this title shall be effective only to such extent and in
such amounts as are provided in advance in appropriations Acts.
    (b) Specific Earmark.--No amount made available to the Small
Business Administration may be made available to carry out this title,
other than amounts made available specifically for the purpose of
conducting the Small Business Summits and State Summits.

Output: White House Quadrennial Small Business Summit Act of 2001 - Mandates a national White House Quadrennial Summit on Small Business, once every four years, to undertake specified actions with respect to the recognition, development, and promotion of American small business. Requires each Quadrennial Summit to be preceded by a State Summit on Small Business.Establishes the White House Quadrennial Commission on Small Business to: (1) conduct the Quadrennial and State Summits to bring together individuals concerned with issues relating to small business; and (2) appoint a Summit Advisory Committee from participants at the last Quadrennial Summit. Directs the Chief Counsel for Advocacy of the Small Business Administration to assist in carrying out the Quadrennial and State Summits.Requires each Summit's Commission to report to the President and the chairpersons and ranking members of the congressional small business committees on its findings, recommendations, and proposals for legislative changes to implement such recommendations.Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Extended Unemployment Benefits
Reform Act of 2012''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Founding Fathers of this Nation held the value and
        virtue of work to be an integral part of the American spirit of
        freedom and unity.
            (2) Honest work of an individual's choice, whether paid or
        unpaid, benefits both the individual and society as a whole.
            (3) The betterment of communities through public service
        should be encouraged by the Federal Government.
            (4) After the first months of eligibility for unemployment
        benefits, involvement by an individual in public service will
        not infringe on such individual's readiness to work or their
        ability to search for employment.

SEC. 3. ADDITIONAL REQUIREMENTS FOR RECEIPT OF EXTENDED UNEMPLOYMENT
              BENEFITS.

    (a) In General.--Section 3304 of the Internal Revenue Code of 1986
(relating to approval of State unemployment compensation laws) is
amended--
            (1) in subsection (a)--
                    (A) in paragraph (18), by striking ``and'' at the
                end;
                    (B) by redesignating paragraph (19) as paragraph
                (20); and
                    (C) by inserting after paragraph (18) the following
                new paragraph:
            ``(19) extended compensation, including any such
        compensation under a temporary program, shall not be payable to
        an individual for any week in which such individual does not--
                    ``(A) perform at least 20 hours of public service
                (as described in subsection (g)); and
                    ``(B) engage in at least 20 hours of active job
                searching (as described in subsection (h)); and''; and
            (2) by adding at the end the following new subsections:
    ``(g) Public Service.--
            ``(1) In general.--For purposes of subsection (a)(19)(A),
        the term `public service' means unpaid service by an individual
        to an organization described in section 501(c)(3), or a
        Federal, State, or local agency (as permitted in accordance
        with applicable Federal, State, and local law), with tangible
        evidence to be provided to the State agency by the individual
        on a weekly basis demonstrating that the individual has
        performed such service during the previous week.
            ``(2) Exceptions.--For purposes of the public service
        requirement under subsection (a)(19)(A), an individual shall be
        deemed to have satisfied such requirement for that week if the
        individual--
                    ``(A) provides tangible evidence to the State
                agency demonstrating that such individual was unable to
                perform the required public service for that week due
                to an illness or family emergency;
                    ``(B) is a parent of a qualifying child (as defined
                in section 152(c)) and provides tangible evidence to
                the State agency demonstrating an inability to perform
                the required number of hours of public service due to
                responsibility for child care;
                    ``(C) provides tangible evidence to the State
                agency demonstrating an inability to perform the
                required number of hours of public service due to a
                lack of available transportation, telephone, or
                internet services; or
                    ``(D) provides tangible evidence of a bona fide
                attempt to perform public service and, pursuant to such
                criteria as is determined appropriate by the State
                agency, is determined to be unable to perform such
                service due to a lack of available public service
                opportunities in the area in which the individual
                resides.
            ``(3) Performance of work activities.--
                    ``(A) In general.--Subject to subparagraph (B), the
                total number of hours of public service required under
                subsection (a)(19)(A) shall be reduced by 1 hour for
                each hour during that week that an individual performs
                work activities.
                    ``(B) Minimum public service requirement.--For
                purposes of subparagraph (A), any reduction in the
                total number of hours of public service required under
                subsection (a)(19)(A) based upon performance of work
                activities shall not be greater than 15 hours for each
                week.
                    ``(C) Definition of work activities.--For purposes
                of this paragraph, the term `work activities' has the
                same meaning as provided under subsection (d) of
                section 407 of the Social Security Act (42 U.S.C. 607),
                except that such activities shall not include job
                searching, as described in paragraph (6) of such
                subsection.
    ``(h) Active Search for Employment.--
            ``(1) In general.--For purposes of subsection (a)(19)(B),
        the term `active job searching' means an active and ongoing
        search for employment by an individual, with tangible evidence
        of such search to be provided to the State agency by the
        individual on a weekly basis, which shall include a record of
        potential employers contacted by the individual (including
        relevant contact information for such employers) and such other
        information as determined appropriate by the State agency.
            ``(2) Alternative job search requirements.--The State
        agency may reduce the total number of hours of active job
        searching required under subparagraph (A) of subsection (a)(19)
        and provide alternative job search requirements for an
        individual who has met the requirements under subparagraphs (A)
        and (B) of such subsection for a period of not less than 12
        weeks.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall take effect on July 1,
        2012.
            (2) Delay permitted if state legislation required.--In the
        case of a State which the Secretary of Labor determines
        requires State legislation (other than legislation
        appropriating funds) in order for the State law to meet the
        additional requirements imposed by the amendments made by
        subsection (a), the State law shall not be regarded as failing
        to comply with the requirements of such section 3304(a)(19) of
        the Internal Revenue Code of 1986, as added by such amendments,
        solely on the basis of the failure of the State law to meet
        such additional requirements before the 1st day of the 1st
        calendar quarter beginning after the close of the 1st regular
        session of the State legislature that begins after the date of
        enactment of this Act. For purposes of the previous sentence,
        in the case of a State that has a 2-year legislative session,
        each year of such session shall be deemed to be a separate
        regular session of the State legislature.

Output:
Extended Unemployment Benefits Reform Act of 2012 - Amends the Internal Revenue Code (relating to approval of state unemployment compensation [UC] laws) to prohibit state payment of extended UC to an individual, even under a temporary program, for any week in which he or she does not: (1) perform at least 20 hours of unpaid public service to a charitable organization, except in specified circumstances; and (2) engage in at least 20 hours of active job searching.

Authorizes a state to reduce the required 20 hours of active job searching, and prescribe alternative job search requirements, for any individual who has met both the public service and active job searching requirements for at least 12 weeks.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Liability Reform Act''.

SEC. 2. HEALTH CARE LIABILITY REFORM.

    (a) Punitive Damages.--
            (1) Award.--Punitive damages may, to the extent permitted
        by applicable State law, be awarded against a manufacturer or
        product seller in a civil action if the claimant establishes by
        clear and convincing evidence that the harm suffered was the
        result of conduct manifesting actual malice.
            (2) Drugs and devices.--The manufacturer of a prescription
        drug or device and a health care provider shall not be subject
        to punitive damages with respect to harm caused by a drug or
        device if the drug or device was approved under the Federal
        Food, Drug, and Cosmetic Act unless--
                    (A) the manufacturer withholds from the Food and
                Drug Administration, or
                    (B) the health care provider withholds from a
                patient,
        information which is relevant to the performance of the drug or
        device and causally related to the harm suffered by the
        plaintiff.
            (3) Limitation on amount.--The amount of punitive damages
        that may be awarded for a claim in any civil action shall not
        exceed 3 times the amount awarded to the claimant for the
        economic injury on which such claim is based, or $250,000,
        whichever is greater.
    (b) Several Liability for Noneconomic Damages.--In any action, the
liability of each manufacturer or product seller of the product
involved in such action shall be several only and shall not be joint
for noneconomic damages. Such manufacturer or product seller shall be
liable only for the amount of noneconomic damages allocated to such
manufacturer or seller in direct proportion to such manufacturer's or
such seller's percentage of responsibility as determined by the trier
of fact.
    (c) Definitions.--As used in this section:
            (1) Claimant.--The term ``claimant'' means any person who
        brings a product liability action and any person on whose
        behalf such an action is brought, including such person's
        decedent if such an action is brought through or on behalf of
        an estate or such person's legal representative if it is
        brought through or on behalf of a minor or incompetent.
            (2) Malice.--The term ``malice'' means conduct that is
        either--
                    (A) specifically intended to cause serious personal
                injury, or
                    (B) carried out with both a flagrant indifference
                to the rights of the claimant and an awareness that
                such conduct is likely to result in serious personal
                injury.
            (3) Manufacturer.--With respect to a product, the term
        ``manufacturer'' means--
                    (A) any person who is engaged in a business to
                produce, create, make, or construct the product and who
                designs or formulates the product or has engaged
                another person to design or formulate the product,
                    (B) a product seller of the product who, before
                placing the product in the stream of commerce--
                            (i) designs or formulates or has engaged
                        another person to design or formulate an aspect
                        of the product after the product was initially
                        made by another, and
                            (ii) produces, creates, makes, or
                        constructs such aspect of the product, or
                    (C) any product seller not described in
                subparagraph (B) which holds itself out as a
                manufacturer to the user of the product,
            (4) Product.--The term ``product''--
                    (A) means any object, substance, mixture, or raw
                material in a gaseous, liquid, or solid state--
                            (i) which is capable of delivery itself, in
                        a mixed or combined state, or as a component
                        part or ingredient,
                            (ii) which is produced for introduction
                        into trade or commerce,
                            (iii) which has intrinsic economic value,
                        and
                            (iv) which is intended for sale or lease to
                        persons for commercial or personal use, and
                    (B) does not include--
                            (i) human tissue, human organs, human
                        blood, and human blood products, or
                            (ii) electricity, water delivered by a
                        utility, natural gas, or steam,
            (5) Product seller.--The term ``product seller''--
                    (A) means a person--
                            (i) who sells, distributes, leases,
                        prepares, blends, packages, or labels a product
                        or is otherwise involved in placing a product
                        in the stream of commerce, or
                            (ii) who installs, repairs, or maintains
                        the harm-causing aspect of a product, and
                    (B) does not include--
                            (i) a manufacturer,
                            (ii) a seller or lessor of real property,
                            (iii) a provider of professional services
                        in any case in which the sale or use of a
                        product is incidental to the transaction and
                        the essence of the transaction is the
                        furnishing of judgment, skill, or services,
                            (iv) any person who acts only in a
                        financial capacity with respect to the sale of
                        a product, or
                            (v) any person who leases a product under a
                        lease arrangement in which the selection,
                        possession, maintenance, and operation of the
                        product are controlled by a person other than
                        the lessor.

SEC. 3. PREEMPTION.

    This Act preempts State law, with respect to both procedural and
substantive measures, to the extent that such law--
            (1) permits the recovery of a greater amount of punitive
        damages by a plaintiff than that authorized by section 2(a)(3);
        or
            (2) permits an action for joint liability for noneconomic
        damages against a manufacturer or product seller of a product
        involved in the action, which action is prohibited by section
        2(b).
Any issue that is not governed by this Act shall be governed by
otherwise applicable State or Federal law.

Output: Prohibits the manufacturer of a prescription drug or device and a health care provider from being subject to punitive damages with respect to harm caused by a drug or device if the drug or device was approved under the Federal Food, Drug, and Cosmetic Act unless: (1)the manufacturer withholds from the Food and Drug Administration; or (2) the health care provider withholds from a patient, information which is relevant to the performance of the drug or device and causally related to the harm suffered by the plaintiff.


Input:
SECTION 1. FINDINGS.

    Congress makes the following findings:
            (1) From 2014 through 2018, the United States and nations
        around the world will mark the centennial of World War I,
        including the entry of the United States into the war in April
        1917.
            (2) America's support of Great Britain, France, Belgium,
        and its other allies in World War I marked the first time in
        this Nation's history that American soldiers went abroad in
        defense of liberty against foreign aggression, and it marked
        the true beginning of ``the American century''.
            (3) Although World War I was at the time called ``the war
        to end all wars'', in fact the United States would commit its
        troops to the defense of foreign lands 3 more times in the 20th
        century.
            (4) More than 4,000,000 men and women from the United
        States served in uniform during World War I, among them 2
        future presidents, Harry S. Truman and Dwight D. Eisenhower.
        Two million individuals from the United States served overseas
        during World War I, including 200,000 naval personnel who
        served on the seas. The United States suffered 375,000
        casualties during World War I, including 116,516 deaths.
            (5) The events of 1914 through 1918 shaped the world, the
        United States, and the lives of millions of people in countless
        ways.
            (6) The centennial of World War I offers an opportunity for
        people in the United States to learn about and commemorate the
        sacrifices of their predecessors.
            (7) Commemorative programs, activities, and sites allow
        people in the United States to learn about the history of World
        War I, the United States involvement in that war, and the war's
        effects on the remainder of the 20th century, and to
        commemorate and honor the participation of the United States
        and its citizens in the war effort.
            (8) While the other great conflicts of the 20th century,
        World War II, the Korean War, and the Vietnam War, have
        national memorials on the Mall in Washington, DC, there
        currently exists no nationally recognized memorial honoring the
        service of the United States and its citizens in World War I.
            (9) In 1921, the people of Kansas City, Missouri dedicated
        a site in that city for a memorial to the service of Americans
        in World War I, a ceremony attended by General John J. Pershing
        and military leaders of Great Britain, France, Belgium, and
        Italy. In 1924, the cornerstone of the 217-foot Liberty
        Memorial Tower was laid. On Armistice Day 1926, President
        Calvin Coolidge delivered the keynote address at the Memorial's
        dedication ceremony. The Memorial and surrounding grounds were
        completed in 1938, with an inscription that reads ``In Honor of
        Those Who Served in the World War in Defense of Liberty and Our
        Country.''.
            (10) The 106th Congress recognized the Liberty Memorial as
        a national symbol of World War I.
            (11) The 108th Congress designated the museum at the base
        of the Liberty Memorial as ``America's National World War I
        Museum''. The museum preserves the history of World War I, and
        educates and enlightens people about this significant event.
            (12) The District of Columbia War Memorial was authorized
        in 1924 by resolution of the 68th Congress, and was dedicated
        on Armistice Day 1931 by President Herbert Hoover. The DC War
        Memorial, erected in memory of the 499 residents of the
        District of Columbia who died in World War I, is often
        overlooked by residents and visitors to Washington.
            (13) The DC War Memorial is located on the national Mall in
        Washington, adjacent to the World War II, Korean War, and
        Vietnam memorials. Of these memorials, which now compose a
        quartet of memorials to the 4 great wars of the American
        Century, only the DC War Memorial is not a national memorial.

SEC. 2. PURPOSE.

    The purpose of this Act is to--
            (1) establish a commission, in Kansas City, Missouri, to
        ensure a suitable national observance of the centennial of
        World War I; and
            (2) rededicate the Liberty Memorial of Kansas City and the
        District of Columbia War Memorial, respectively, as the
        ``National World War I Museum and Memorial'' and the ``District
        of Columbia and National World War I Memorial''.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) America's national world war i museum.--The term
        ``America's National World War I Museum'' means the Liberty
        Memorial Museum in Kansas City, Missouri, as recognized by
        Congress in section 1031(b) of the Ronald W. Reagan National
        Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
        375; 118 Stat. 2045).
            (2) Commission.--The term ``Commission'' means the World
        War I Centennial Commission established by section 4(a).
            (3) Veterans service organization.--The term ``veterans
        service organization'' means any organization recognized by the
        Secretary of Veterans Affairs for the representation of
        veterans under section 5902 of title 38, United States Code.

SEC. 4. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known
as the ``World War I Centennial Commission''.
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 24
        members as follows:
                    (A) Four members who shall be appointed by the
                Speaker of the House of Representatives.
                    (B) Three members who shall be appointed by the
                minority leader of the House of Representatives.
                    (C) Four members who shall be appointed by the
                majority leader of the Senate.
                    (D) Three members who shall be appointed by the
                minority leader of the Senate.
                    (E) Seven members who shall be appointed by the
                President from among persons who are broadly
                representative of the people of the United States
                (including members of the Armed Forces, veterans, and
                representatives of veterans service organizations).
                    (F) One member who shall be appointed by the
                executive director of the Veterans of Foreign Wars of
                the United States.
                    (G) One member who shall be appointed by the
                executive director of the American Legion.
                    (H) One member who shall be appointed by the
                president of the Liberty Memorial Association.
            (2) Period of appointment.--Each member shall be appointed
        for the life of the Commission.
            (3) Vacancies.--A vacancy in the Commission shall be filled
        in the manner in which the original appointment was made.
            (4) Initial meeting.--
                    (A) In general.--Not later than 30 days after the
                date on which all members of the Commission have been
                appointed, the Commission shall hold its first meeting.
                    (B) Location.--The location for the meeting held
                under subparagraph (A) shall be the America's National
                World War I Museum.
            (5) Meetings.--
                    (A) In general.--The Commission shall meet at the
                call of the Chair.
                    (B) Frequency.--The Chair shall call a meeting of
                the members of the Commission not less frequently than
                once each year.
                    (C) Location.--Not less frequently than once each
                year, the Commission shall meet at the America's
                National World War I Museum.
            (6) Quorum.--Thirteen members of the Commission shall
        constitute a quorum, but a lesser number may hold hearings.
            (7) Chair and vice chair.--The Commission shall select a
        Chair and Vice Chair from among its members.

SEC. 5. DUTIES.

    (a) In General.--The duties of the Commission are as follows:
            (1) To plan, develop, and execute programs, projects, and
        activities to commemorate the centennial of World War I.
            (2) To encourage private organizations and State and local
        governments to organize and participate in activities
        commemorating the centennial of World War I.
            (3) To facilitate and coordinate activities throughout the
        United States relating to the centennial of World War I.
            (4) To serve as a clearinghouse for the collection and
        dissemination of information about events and plans for the
        centennial of World War I.
            (5) To develop recommendations for Congress and the
        President for commemorating the centennial of World War I.
    (b) Reports.--
            (1) Periodic report.--Beginning not later than the last day
        of the 3-month period beginning on the date described in
        section 10 and the last day of each 3-month period thereafter,
        the Commission shall submit to Congress and the President a
        report on the activities and plans of the Commission.
            (2) Recommendations.--Not later than 2 years after the date
        described in section 10, the Commission shall submit to
        Congress and the President a report containing specific
        recommendations for commemorating the centennial of World War I
        and coordinating related activities.

SEC. 6. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers appropriate to carry out the
purposes of this Act.
    (b) Powers of Member and Agents.--If authorized by the Commission,
any member or agent of the Commission may take any action which the
Commission is authorized to take under this Act.
    (c) Information From Federal Agencies.--The Commission shall secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon the request of the Chair of the Commission, the head of such
department or agency shall furnish such information to the Commission.
    (d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of the General Services Administration
shall provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to carry
out its responsibilities under this Act.
    (e) Contract Authority.--
            (1) In general.--Except as provided in paragraph (2), the
        Commission is authorized--
                    (A) to procure supplies, services, and property;
                and
                    (B) to make or enter into contracts, leases, or
                other legal agreements.
            (2) Limitation.--The Commission may not enter into any
        contract, lease, or other legal agreement that extends beyond
        the date of the termination of the Commission under section
        8(a).
    (f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
    (g) Gifts, Bequests, and Devises.--
            (1) Acceptance by commission.--The Commission may accept,
        use, and dispose of gifts, bequests, or devises of services or
        property, both real and personal, for the purpose of aiding or
        facilitating the work of the Commission.
            (2) Deposit and availability.--Gifts, bequests, or devises
        of money and proceeds from sales of other property received as
        gifts, bequests, or devises shall de deposited in the Treasury
        of the United States and shall be available for disbursement
        upon order of the Commission.

SEC. 7. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Members of the Commission shall serve
without compensation for such service.
    (b) Travel Expenses.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, in
accordance with the applicable provisions of title 5, United States
Code.
    (c) Staff.--
            (1) In general.--The Chair of the Commission shall, in
        consultation with the members of the Commission, appoint an
        executive director and such other additional personnel as may
        be necessary to enable the Commission to perform its duties.
            (2) Compensation.--
                    (A) In general.--Subject to subparagraph (B), the
                Chair of the Commission may fix the compensation of the
                executive director and any other personnel appointed
                under paragraph (1).
                    (B) Limitation.--The Chair of the Commission may
                not fix the compensation of the executive director or
                other personnel appointed under paragraph (1) at a rate
                that exceeds the rate of payable for level IV of the
                Executive Schedule under section 5315 of title 5,
                United States Code.
                    (C) Work location.--If the city government for
                Kansas City, Missouri, and the Liberty Memorial
                Association make space available in the building in
                which the America's National World War I Museum is
                located, the executive director of the Commission and
                other personnel appointed under paragraph (1) shall
                work in such building to the extent practical.
    (d) Detail of Government Employees.--Upon request of the
Commission, the head of any Federal department or agency may detail, on
a reimbursable basis, any employee of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
    (e) Procurement of Temporary and Intermittent Services.--The Chair
of the Commission may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.

SEC. 8. TERMINATION OF THE COMMISSION.

    (a) In General.--The Commission shall terminate on the earlier of--
            (1) the date that is 30 days after the date of the
        completion of the activities under this Act honoring the
        centennial observation of World War I; or
            (2) July 28, 2019.
    (b) Application of Federal Advisory Committee Act.--
            (1) In general.--Except as provided in paragraph (2), the
        provisions of the Federal Advisory Committee Act (5 U.S.C.
        App.) shall apply to the activities of the Commission under
        this Act.
            (2) Exception.--Section 14(a)(2) of such Act shall not
        apply to the Commission.

SEC. 9. DESIGNATION OF NATIONAL WORLD WAR I MEMORIALS.

    (a)  Designation of the National World War I Museum and Memorial,
Missouri.--
            (1) In general.--The Liberty Memorial of Kansas City at the
        America's National World War I Museum in Kansas City, Missouri,
        is designated as the ``National World War I Museum and
        Memorial''.
            (2) Ceremonies.--The Commission may plan, develop, and
        execute ceremonies to rededicate the Liberty Memorial of Kansas
        City as the National World War I Museum and Memorial.
    (b) Designation of the District of Columbia and National World War
I Memorial.--
            (1) Designation.--The District of Columbia War Memorial in
        Washington, DC, is designated as the ``District of Columbia and
        National World War I Memorial''.
            (2) Ceremonies.--The Commission may plan, develop, and
        execute ceremonies to rededicate the District of Columbia War
        Memorial as the District of Columbia and National World War I
        Memorial.
            (3) Authority to establish commemorative work.--
                    (A) In general.--The World War I Memorial
                Foundation may establish a commemorative work at the
                site of the District of Columbia and National World War
                I Memorial consisting of an appropriate sculptural or
                other commemorative element reflecting the national
                character of the memorial.
                    (B) Requirements.--Any commemorative work
                established under subparagraph (A) shall complement and
                preserve the memorial (including the landscape of the
                memorial), as in existence on the date of enactment of
                this Act.
            (4)  Compliance with standards for commemorative works;
        location of memorial.--
                    (A) In general.--Subject to subparagraph (B), the
                rededication of the District of Columbia and National
                World War I Memorial shall be in accordance with
                chapter 89 of title 40, United States Code.
                    (B) Congressional finding.--Congress finds that
                because this Act authorizes the rededication and
                related enhancement of a commemorative work that, as of
                the date of enactment of this Act, is in existence and
                is sited within the Reserve (as defined in section
                8902(a)(3) of title 40, United States Code), the
                provisions regarding site approval and location of
                commemorative works under sections 8905 and 8908(c) of
                title 40, United States Code, do not apply to this Act.
            (5) Deposit of excess funds.--The World War I Memorial
        Foundation shall transmit to the Secretary of the Treasury for
        deposit in the account provided for in section 8906(b)(3) of
        title 40, United States Code--
                    (A) any funds that remain after payment of all
                expenses incurred in the rededication of the memorial
                (including payment of the amount for maintenance and
                preservation required under section 8906(b) of that
                title); or
                    (B) any funds that remain for the commemorative
                work authorized under subsection (a) on expiration of
                the authority for the commemorative work under section
                8903(e) of that title.

SEC. 10. EFFECTIVE DATE.

    This Act takes effect on the date that is 90 days after the date of
enactment of this Act.

Output:
Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I; (2) encourage private organizations and state and local governments to organize and participate in such activities; (3) facilitate and coordinate such activities throughout the United States; (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans; and (5) develop commemoration recommendations for Congress and the President.

Designates: (1) the Liberty Memorial of Kansas City in Kansas City, Missouri, as the National World War I Museum and Memorial; and (2) the District of Columbia War Memorial in Washington, D.C., as the District of Columbia and National World War I Memorial (Memorial).

Authorizes the World War I Memorial Foundation to establish a commemorative work at the Memorial Site.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Private Property Rights
Implementation Act of 2000''.

SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES.

    Section 1343 of title 28, United States Code, is amended by adding
at the end the following:
    ``(c) Whenever a district court exercises jurisdiction under
subsection (a) in an action in which the operative facts concern the
uses of real property, it shall not abstain from exercising or
relinquish its jurisdiction to a State court in an action in which no
claim of a violation of a State law, right, or privilege is alleged, if
a parallel proceeding in State court arising out of the same operative
facts as the district court proceeding is not pending.
    ``(d) If the district court has jurisdiction over an action under
subsection (a) in which the operative facts concern the uses of real
property and which cannot be decided without resolution of an unsettled
question of State law, the district court may certify the question of
State law to the highest appellate court of that State. After the State
appellate court resolves the question certified to it, the district
court shall proceed with resolving the merits. The district court shall
not certify a question of State law under this subsection unless the
question of State law--
            ``(1) will significantly affect the merits of the injured
        party's Federal claim; and
            ``(2) is patently unclear.
    ``(e)(1) Any claim or action brought under section 1979 of the
Revised Statutes of the United States (42 U.S.C. 1983) to redress the
deprivation of a property right or privilege secured by the
Constitution shall be ripe for adjudication by the district courts upon
a final decision rendered by any person acting under color of any
statute, ordinance, regulation, custom, or usage, of any State or
territory of the United States, that causes actual and concrete injury
to the party seeking redress.
    ``(2)(A) For purposes of this subsection, a final decision exists
if--
            ``(i) any person acting under color of any statute,
        ordinance, regulation, custom, or usage, of any State or
        territory of the United States, makes a definitive decision, as
        described in clauses (ii) and (iii), regarding the extent of
        permissible uses on the property that has been allegedly
        infringed or taken;
            ``(ii)(I) one meaningful application, as defined by
        applicable law, to use the property has been submitted but has
        been disapproved without a written explanation as described in
        subclause (II), and the party seeking redress has applied for
        one appeal and one waiver which has been disapproved, in a case
        in which the applicable statute, ordinance, custom, or usage
        provides a mechanism for appeal to or waiver by an
        administrative agency; or
            ``(II) one meaningful application, as defined by applicable
        law, to use the property has been submitted but has been
        disapproved, and the disapproval explains in writing the use,
        density, or intensity of development of the property that would
        be approved, with any conditions therefor, and the party
        seeking redress has resubmitted another meaningful application
        taking into account the terms of the disapproval, except that--
                    ``(aa) if no such reapplication is submitted, then
                a final decision shall not have been reached for
                purposes of this subsection, except as provided in
                subparagraph (B); and
                    ``(bb) if the reapplication is disapproved, or if
                the reapplication is not required under subparagraph
                (B), then a final decision exists for purposes of this
                subsection if the party seeking redress has applied for
                one appeal and one waiver with respect to the
                disapproval, which has been disapproved, in a case in
                which the applicable statute, ordinance, custom, or
                usage provides a mechanism of appeal to or waiver by an
                administrative agency; and
            ``(iii) if the applicable statute or ordinance provides for
        review of the case by elected officials, the party seeking
        redress has applied for but is denied such review, or is
        allowed such review and the meaningful application is
        disapproved.
    ``(B) The party seeking redress shall not be required to apply for
an appeal or waiver described in subparagraph (A) if no such appeal or
waiver is available, if it cannot provide the relief requested, or if
the application or reapplication would be futile.
    ``(3) For purposes of clauses (ii) and (iii) of paragraph (2), the
failure to act within a reasonable time on any application,
reapplication, appeal, waiver, or review of the case shall constitute a
disapproval.
    ``(4) For purposes of this subsection, a case is ripe for
adjudication even if the party seeking redress does not exhaust
judicial remedies provided by any State or territory of the United
States.
    ``(f) Nothing in subsection (c), (d), or (e) alters the substantive
law of takings of property, including the burden of proof borne by the
plaintiff.''.

SEC. 3. UNITED STATES AS DEFENDANT.

    Section 1346 of title 28, United States Code, is amended by adding
at the end the following:
    ``(h)(1) Any claim brought under subsection (a) that is founded
upon a property right or privilege secured by the Constitution, but was
allegedly infringed or taken by the United States, shall be ripe for
adjudication upon a final decision rendered by the United States, that
causes actual and concrete injury to the party seeking redress.
    ``(2) For purposes of this subsection, a final decision exists if--
            ``(A) the United States makes a definitive decision, as
        defined in subparagraph (B), regarding the extent of
        permissible uses on the property that has been allegedly
        infringed or taken; and
            ``(B) one meaningful application, as defined by applicable
        law, to use the property has been submitted but has been
        disapproved, and the party seeking redress has applied for one
        appeal or waiver which has been disapproved, in a case in which
        the applicable law of the United States provides a mechanism
        for appeal to or waiver by an administrative agency.
The party seeking redress shall not be required to apply for an appeal
or waiver described in subparagraph (B) if no such appeal or waiver is
available, if it cannot provide the relief requested, or if application
or reapplication to use the property would be futile.
    ``(3) For purposes of paragraph (2), the United States' failure to
act within a reasonable time on any application, appeal, or waiver
shall constitute a disapproval.
    ``(4) Nothing in this subsection alters the substantive law of
takings of property, including the burden of proof borne by the
plaintiff.''.

SEC. 4. JURISDICTION OF COURT OF FEDERAL CLAIMS.

    Section 1491(a) of title 28, United States Code, is amended by
adding at the end the following:
    ``(3) Any claim brought under this subsection founded upon a
property right or privilege secured by the Constitution, but allegedly
infringed or taken by the United States, shall be ripe for adjudication
upon a final decision rendered by the United States, that causes actual
and concrete injury to the party seeking redress. For purposes of this
paragraph, a final decision exists if--
            ``(A) the United States makes a definitive decision, as
        described in subparagraph (B), regarding the extent of
        permissible uses on the property that has been allegedly
        infringed or taken; and
            ``(B) one meaningful application, as defined by applicable
        law, to use the property has been submitted but has been
        disapproved, and the party seeking redress has applied for one
        appeal or waiver which has been disapproved, in a case in which
        the applicable law of the United States provides a mechanism
        for appeal or waiver.
The party seeking redress shall not be required to apply for an appeal
or waiver described in subparagraph (B) if no such appeal or waiver is
available, if it cannot provide the relief requested, or if application
or reapplication to use the property would be futile. For purposes of
subparagraph (B), the United States' failure to act within a reasonable
time on any application, appeal, or waiver shall constitute a
disapproval. Nothing in this paragraph alters the substantive law of
takings of property, including the burden of proof borne by the
plaintiff.''.

SEC. 5. DUTY OF NOTICE TO OWNERS.

    Whenever a Federal agency takes an agency action limiting the use
of private property that may be affected by the amendments made by this
Act, the agency shall, not later than 30 days after the agency takes
that action, give notice to the owners of that property explaining
their rights under such amendments and the procedures for obtaining any
compensation that may be due to them under such amendments.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall apply to actions commenced on
or after the date of the enactment of this Act.

            Passed the House of Representatives March 16, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

                            By Martha C. Morrison,

                                                          Deputy Clerk.

Output: Specifies that: (1) if the district court has jurisdiction over such an action in which the operative facts concern the uses of real property and which cannot be decided without resolution of an unsettled question of State law, it may certify the State law question to the highest appellate court of that State; and (2) after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits. Prohibits the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and such question is patently unclear.Declares that any claim or action brought under provisions regarding civil actions for deprivation of rights to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage of any State or territory of the United States that causes actual and concrete injury to the party seeking redress.Sets forth provisions regarding what constitutes a "final decision." Specifies that: (1) the party seeking redress shall not be required to apply for an appeal or waiver if no such appeal or waiver is available, if it cannot provide the relief requested, or if the application or re-application would be futile; (2) the failure to act within a reasonable time on any application, re-application, appeal, waiver, or review of the case shall constitute a disapproval; and (3) a case is ripe for adjudication even if the party seeking redress does not exhaust judicial remedies provided by any State or territory of the United States.(Sec. 3) Declares that any claim brought under provisions regarding the United States as a defendant, or under provisions regarding jurisdiction of the Court of Federal Claims, that is founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress.(Sec. 5) Requires a Federal agency, whenever it takes action limiting the use of private property that may be affected by the amendments made by this Act, not later than 30 days after the agency takes that action, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them under such amendments.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Substitute for Quality Teaching
Demonstration Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Each day about 5 million children walk into 274,000
        classrooms nationwide and find a substitute teacher. Students
        will spend the equivalent of one full year with a substitute
        teacher before they graduate from high school.
            (2) Virtually every State in the country is facing a
        substitute teacher shortage, a problem that has been
        exacerbated by increased demand for professional development
        opportunities for teachers.
            (3) In 73 percent of school districts, there is an
        immediate, urgent need for substitute teachers.
            (4) Nationwide, substitute teacher salaries average only
        $65 per day. In rural areas, rates are often as low as $40.
        Rarely do substitutes receive benefits.
            (5) This shortage is likely to grow to a crisis level
        within the next 10 years, as an acute shortage of substitute
        teachers develops because an unprecedented number of children
        will enter our schools.
            (6) The substitute teacher shortage has lead schools to
        relax their requirements and hire substitute teachers that are
        often underqualified. In all but one State, substitute teachers
        need no teaching certification.
            (7) In 28 States, principals may hire anyone with a high
        school diploma or a general equivalency diploma (GED) who is
        age 18 years or older.
            (8) Nearly 12 percent of districts do not require
        substitute teachers to fill out a job application.
            (9) Over half (56 percent) of school districts never have a
        face-to-face interview with potential substitutes.
            (10) In 30 percent of all school districts, no background
        checks are conducted on applicants for substitute teaching
        positions, and only half the districts check applicants'
        references.
            (11) Poorly trained substitute teachers have a negative
        impact on student academic performance.
            (12) States with lower academic achievement are twice as
        likely to allow less qualified substitutes in the classroom.
        Nine out of the ten lowest-ranked States in National Assessment
        of Educational Progress (NAEP) testing allowed substitute
        teachers with only a high school diploma to teach in their
        schools. In each of those States, education spending is
        thousands of dollars below the national average.
            (13) Of the top 25 States in education spending, 9 require
        at least a college degree for substitute teachers.
            (14) In 77 percent of school districts across the country,
        substitute teachers are given no training at all.
            (15) Alleviating the substitute teacher crisis would free
        up precious time for other teachers to spend in professional
        development programs.

SEC. 3. DEMONSTRATION GRANT PROGRAM AUTHORIZED.

    Subject to the availability of appropriations, the Secretary of
Education shall establish a competitive demonstration grant program to
provide grants for a single academic year directly to not fewer than 50
nor more than 100 local educational agencies (as that term is defined
in section 9101 of the Elementary and Secondary Education Act of 1965),
or to regional consortia of such agencies acting together, that vary
geographically and socioeconomically, to enable such agencies or
consortia to experiment with ways to alleviate the substitute teacher
shortage described in section 2.

SEC. 4. SELECTION OF GRANT RECIPIENTS.

    In selecting grant recipients under section 3, the Secretary of
Education shall select applicants that, collectively, will explore a
range of options for addressing the substitute teacher shortage, such
as--
            (1) developing a public relations campaign targeted at
        likely substitute teacher candidates (such as retired
        teachers);
            (2) establishing permanent substitute teacher pools;
            (3) addressing issues that hinder the ability of
        administrators to find qualified substitute teachers; or
            (4) increasing the availability of content and skills
        training for substitute teachers.

SEC. 5. REPORT TO CONGRESS.

    Not later than 1 year after the date the last grant made under
section 3 expires, the Secretary of Education shall submit a report to
the Congress describing the findings and results of the demonstration
program under this Act, including--
            (1) the programs or methods that best alleviated the
        substitute teacher shortage, and where those programs or
        methods worked best; and
            (2) the impact of economic conditions on the quality and
        availability of substitute teachers.

SEC. 6. RULEMAKING AUTHORITY.

    The Secretary of Education may prescribe rules to carry out this
Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act
$5,000,000 for fiscal year 2003.

Output: No Substitute for Quality Teaching Demonstration Act - Directs the Secretary of Education to establish a competitive demonstration grant program to provide grants for a single academic year directly to between 50 and 100 local educational agencies, or to regional consortia of such agencies acting together, that vary geographically and socioeconomically, to enable them to experiment with ways to alleviate the substitute teacher shortage.