SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cleaning Product Right to Know Act
of 2011''.

SEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT.

    (a) Labeling Requirement.--Beginning 1 year after the date of
enactment of this Act, a cleaning product manufactured for sale,
offered for sale, distributed in commerce, or imported to the United
States after such date shall bear a label on the product's container or
packaging with a complete and accurate list of all the product's
ingredients, including the individual ingredients in dyes, fragrances,
and preservatives. Ingredients shall be listed in accordance with the
following:
            (1) Each ingredient shall be listed by the name assigned to
        it by the International Nomenclature of Cosmetic Ingredients.
        If there is no such name, by the name assigned to it by the
        International Union of Pure and Applied Chemistry. If there is
        no such name, the ingredient may be listed by its common
        chemical name.
            (2) Ingredients shall be listed in descending order of
        predominance in the product by weight, other than ingredients
        that constitute less than 1 percent of the product, which may
        be listed at the end in any order.
    (b) Exemptions.--
            (1) Exemption for undetectable ingredients.--The Commission
        may exempt from the labeling requirement an ingredient that is
        present in a cleaning product at such low levels that detection
        of the ingredient in the product is not technologically
        feasible.
            (2) Exemption for ingredients constituting trade secrets.--
                    (A) In general.--An ingredient may be exempt from
                the labeling requirements of this section if the
                manufacturer demonstrates to the Commission that such
                ingredient is a trade secret, as determined by the
                Commission under subparagraph (D), based on a claim
                submitted by the manufacturer under subparagraph (B).
                An exemption for an ingredient under this paragraph
                shall be for a period of 5 years, after which the
                manufacturer may again submit a claim for an additional
                5-year exemption.
                    (B) Claims of trade secrecy.--A manufacturer making
                a claim that an ingredient is a trade secret shall file
                such claim with the Commission. Such claim shall
                contain--
                            (i) the identity of the person making the
                        claim;
                            (ii) a brief description of the information
                        for which trade secret protection is being
                        claimed;
                            (iii) the period of time for which trade
                        secret protection is claimed and a
                        justification for the period selected;
                            (iv) the extent to which the information is
                        known by employees or others involved with the
                        facility or business, and whether or not those
                        individuals with knowledge are bound by non-
                        disclosure agreements;
                            (v) the extent to which the information is
                        known outside of the facility or business of
                        the person, and whether or not individuals with
                        such knowledge are bound by non-disclosure
                        agreements;
                            (vi) the measures taken to restrict access
                        to and safeguard the information, and whether
                        or not the person plans to continue utilizing
                        such measures;
                            (vii) copies of, or references to, any
                        pertinent confidentiality determinations
                        previously made by any public agencies;
                            (viii) the estimated dollar value of the
                        claimed information to the person's facility or
                        business, and to that person's competitors;
                            (ix) the amount of effort or money expended
                        by the person's facility or business in
                        developing the information;
                            (x) the ease or difficulty with which the
                        information could be properly acquired,
                        duplicated or reverse-engineered by others;
                            (xi) a description of the nature and extent
                        of substantial harm that would be caused if the
                        information were made public, including an
                        explanation of the causal relationship between
                        disclosure and the harmful effects claimed;
                            (xii) the signature of the person's general
                        counsel or other executive with knowledge of
                        the preparation of the substantiating
                        information certifying under penalty of
                        perjury, based upon the knowledge and belief of
                        the signatory, that--
                                    (I) the substantiating information
                                is true, accurate, and complete;
                                    (II) the information for which
                                trade secret protection is claimed is
                                not otherwise publicly available; and
                                    (III) there is a reasonable basis
                                to assert trade secret protection for
                                the information so claimed; and
                            (xiii) the name, mailing address, telephone
                        number and email address of the individual to
                        be contacted if any additional information is
                        needed by the Commission to make a
                        determination.
                    (C) Limitation.--No ingredient may be claimed as a
                trade secret if such ingredient--
                            (i) is publicly know to be in the product;
                            (ii) can be discovered through a standard
                        process of reverse engineering;
                            (iii) is a hazardous substance within the
                        meaning of section 2(f) of the Federal
                        Hazardous Substances Act (15 U.S.C. 1261(f));
                        or
                            (iv) is a substance--
                                    (I) meeting the criteria for
                                category 1 or category 2 for any of the
                                toxicity endpoints established by the
                                Globally Harmonized System for the
                                Classification and Labeling of
                                Hazardous Substances that causes an
                                adverse effect that has been
                                demonstrated in humans or other exposed
                                organisms; or
                                    (II) for which the weight of
                                evidence (such as demonstration of an
                                adverse effect, laboratory studies, or
                                data for a chemical from the same
                                chemical class that exhibits that
                                adverse effect) demonstrates the
                                potential for an adverse effect in
                                humans or other exposed organisms,
                                including actual or potential effects
                                of exposure to the chemical substance
                                or mixture on mortality, morbidity,
                                including carcinogenesis, reproduction,
                                growth and development, the immune
                                system, the endocrine system, the brain
                                or nervous system, other organ systems,
                                or any other biological functions in
                                humans or nonhuman organisms.
                    (D) CPSC determination.--As promptly as practicable
                after receiving the information submitted by a
                manufacturer, the Commission shall make a determination
                on the basis of such information as to whether the
                ingredient is a legitimate trade secret and shall
                notify the manufacturer of its determination.
    (c) Treatment Under the FHSA.--A cleaning product that is not in
conformity with the labeling requirements of subsection (a) and not
exempt from such requirements pursuant to subsection (b) shall be
treated as a substance defined in section 2(p) of the Federal Hazardous
Substances Act (15 U.S.C. 1261(p)) for purposes of such Act.
    (d) No Effect on Existing Labeling Requirements.--Nothing in this
Act shall be interpreted as having any effect on any labeling
requirements in effect before the date of enactment of this Act as
described in section 2(p) of the Federal Hazardous Substances Act (15
U.S.C. 1261(p)).
    (e) Rulemaking Authority.--The Commission may issue such
regulations it determines necessary to provide for the effective
enforcement of this Act, and shall consult with the Administrator of
the Environmental Protection Agency as necessary.

SEC. 3. PUBLIC RIGHT TO KNOW PETITION.

    (a) Petition.--Any person may submit a petition to the Commission
alleging that a cleaning product available in interstate commerce does
not satisfy the labeling requirements of this Act.
    (b) Action by the Commission.--The Commission shall notify a
petitioner of the receipt of a petition within 30 days after receipt of
such petition. The Commission shall investigate the claims made by the
petition and make a determination as to the validity of such claims
within 180 days after acknowledging the receipt of such petition. If
the Commission sustains the claim or claims made by the petition, the
Commission shall initiate the proper enforcement actions required by
law.
    (c) Regulations.--The Commission may issue such regulations as it
determines necessary to require that petitions include a reasonable
evidentiary basis for the claims made therein.

SEC. 4. REQUIRED INTERNET DISCLOSURE.

    (a) Manufacturer Disclosure.--Each manufacturer of a cleaning
product shall make available in a clear and conspicuous location on the
website of such manufacturer, if the manufacturer maintains a website,
a complete list of each of the manufacturer's cleaning products'
ingredients not later than 6 months after the date of enactment of this
Act.
    (b) Content and Requirements of Disclosure.--The disclosure
required by subsection (a) shall--
            (1) name and list the product's ingredients in the manner
        prescribed in section 3;
            (2) be reviewed every 120 days and revised as necessary to
        reflect changes to cleaning products;
            (3) include the appropriate Chemical Abstract Services
        number for each ingredient;
            (4) identify any potential adverse health effect of each
        ingredient in the cleaning product and use the appropriate
        signal word or hazard descriptor as prescribed in section 2(p)
        of the Federal Hazardous Substances Act (15 U.S.C. 1261(p));
        and
            (5) be sortable by product, ingredient, adverse health
        effect, and other categories as determined by the Commission.
    (c) Commission Disclosure.--Promptly after the date set forth in
subsection (a), the Commission shall provide on the website of the
Commission a web page that aggregates the information made available by
manufacturers under such subsection and that allows users to compare
products made by different manufacturers. Such web page shall be
reviewed every 6 months and revised as necessary to reflect changes to
cleaning products.
    (d) Language Accessibility.--The disclosures required to be made on
a website or web page subject to this section shall be available in
English, Spanish, and any other language the Commission determines
necessary to ensure that users of a cleaning product in the United
States are informed as to the complete list of the product's
ingredients and potential adverse health effects.

SEC. 5. ENHANCED PENALTIES.

    Section 5(c)(1) of the Federal Hazardous Substances Act (15 U.S.C.
1264(c)(1)) is amended by striking ``$15,000,000'' and inserting
``$30,000,000''.

SEC. 6. REPORTING.

    Not later than 2 years after the date of enactment of this Act and
every 2 years thereafter, the Commission shall prepare a report on
compliance with the labeling requirement of this Act and the
enforcement activities of the Commission, and shall transmit such
report to Congress and make it publicly available on the Internet.

SEC. 7. PREEMPTION.

    Nothing in this Act affects the right of a State or political
subdivision of a State to adopt or enforce any regulation, requirement,
or standard of performance that is different from, or in addition to, a
regulation, requirement, liability, or standard of performance
established pursuant to this Act unless compliance with both this Act
and the State or political subdivision of a State regulation,
requirement, or standard of performance is impossible, in which case
the applicable provision of this Act shall control.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Adverse health effect.--The term ``adverse health
        effect'' means a chemical or biochemical change, anatomic
        change, or functional impairment, or a known precursor to such
        a change or impairment, that--
                    (A) has the potential to impair the performance of
                an anatomic structure of a vital system of an organism
                or progeny of an organism;
                    (B) causes irreversible change in the homeostasis
                of an organism;
                    (C) increases the susceptibility of an organism or
                progeny of an organism to other chemical or biological
                stressors or reduces the ability of an organism or
                progeny of an organism to respond to additional health
                or environmental challenges; or
                    (D) affects, alters, or harms the environment such
                that the health of humans or other organisms is
                directly or indirectly threatened.
            (2) Air care product.--The term ``air care product'' means
        a chemically formulated consumer product designed to clean and
        freshen air or to deodorize and neutralize unwanted odors in
        the indoor air, including solid gels, air freshener spray, an
        outlet or battery operated air freshener, a hanging car air
        freshener, and a potpourri product.
            (3) Automotive product.--The term ``automotive product''
        means a chemically formulated consumer product designed to
        maintain the appearance of a motor vehicle, but does not
        include automotive paint or a paint repair product.
            (4) Cleaning product.--The term ``cleaning product'' means
        any product used primarily for commercial, domestic, or
        institutional cleaning purposes, including an air care product,
        automotive product, disinfectant (except as provided in
        subparagraph (B)), and polish or floor maintenance product.
        Such term shall not include--
                    (A) any drug or cosmetics, including a personal
                care items such as toothpaste, shampoo, and hand soap;
                or
                    (B) a product labeled, advertised, marketed, and
                distributed for use only as a pesticide, as defined by
                section 2(u) of the Federal Insecticide, Fungicide and
                Rodenticide Act (7 U.S.C. 136(u)), including a
                disinfectant intended for use solely on critical or
                semi-critical devices as described by such section.
            (5) Commission.--The term ``Commission'' means the Consumer
        Product Safety Commission.
            (6) Ingredient.--The term ``ingredient'' means a chemical
        in a cleaning product, including--
                    (A) a chemical that provides a technical or
                functional effect;
                    (B) a chemical that has no technical or functional
                effect but is present by reason of having been
                incorporated into the cleaning product as an ingredient
                of another chemical;
                    (C) a processing aid that is present by reason of
                having been added to a cleaning product during the
                processing of such cleaning product;
                    (D) any substance that is present by reason of
                having been added to a cleaning product during
                processing for its technical or functional effect;
                    (E) any contaminant that may leach from container
                materials or form via reactions over the shelf life of
                a cleaning product and that may be present at levels
                where detection is technologically feasible;
                    (F) with respect to a fragrance or preservative,
                each individual component part of the fragrance or
                preservative by its individual name; and
                    (G) any individual component of a petroleum-
                derived, animal-derived, or other ingredient that the
                Commission determines be considered an ingredient.
            (7) Polish or floor maintenance product.--The term ``polish
        or floor maintenance product'' means a chemically formulated
        consumer product designed to polish, protect, or maintain
        furniture, floors, metal, leather, or other surfaces, including
        polish, wax, and restorer.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Climate Change Drinking Water
Adaptation Research Act.''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the consensus among climate scientists is overwhelming
        that climate change is occurring more rapidly than can be
        attributed to natural causes, and that significant impacts to
        the water supply are already occurring;
            (2) among the first and most critical of those impacts will
        be change to patterns of precipitation around the world, which
        will affect water availability for the most basic drinking
        water and domestic water needs of populations in many areas of
        the United States;
            (3) drinking water utilities throughout the United States,
        as well as those in Europe, Australia, and Asia, are concerned
        that extended changes in precipitation will lead to extended
        droughts;
            (4) supplying water is highly energy-intensive and will
        become more so as climate change forces more utilities to turn
        to alternative supplies;
            (5) energy production consumes a significant percentage of
        the fresh water resources of the United States;
            (6) since 2003, the drinking water industry of the United
        States has sponsored, through a nonprofit water research
        foundation, various studies to assess the impacts of climate
        change on drinking water supplies;
            (7) those studies demonstrate the need for a comprehensive
        program of research into the full range of impacts on drinking
        water utilities, including impacts on water supplies,
        facilities, and customers;
            (8) that nonprofit water research foundation is also
        coordinating internationally with other drinking water
        utilities on shared research projects and has hosted
        international workshops with counterpart European and Asian
        water research organizations to develop a unified research
        agenda for applied research on adaptive strategies to address
        climate change impacts;
            (9) research data in existence as of the date of enactment
        of this Act--
                    (A) summarize the best available scientific
                evidence on climate change;
                    (B) identify the implications of climate change for
                the water cycle and the availability and quality of
                water resources; and
                    (C) provide general guidance on planning and
                adaptation strategies for water utilities; and
            (10) given uncertainties about specific climate changes in
        particular areas, drinking water utilities need to prepare for
        a wider range of likely possibilities in managing and delivery
        of water.

SEC. 3. RESEARCH ON THE EFFECTS OF CLIMATE CHANGE ON DRINKING WATER
              UTILITIES.

    (a) In General.--The Administrator of the Environmental Protection
Agency, in cooperation with the Secretary of Commerce, the Secretary of
Energy, and the Secretary of the Interior, shall establish and provide
funding for a program of directed and applied research, to be conducted
through a nonprofit water research foundation and sponsored by drinking
water utilities, to assist suppliers of drinking water in adapting to
the effects of climate change.
    (b) Research Areas.--The research conducted in accordance with
subsection (a) shall include research into--
            (1) water quality impacts and solutions, including
        research--
                    (A) to address probable impacts on raw water
                quality resulting from--
                            (i) erosion and turbidity from extreme
                        precipitation events;
                            (ii) watershed vegetation changes; and
                            (iii) increasing ranges of pathogens,
                        algae, and nuisance organisms resulting from
                        warmer temperatures; and
                    (B) on mitigating increasing damage to watersheds
                and water quality by evaluating extreme events, such as
                wildfires and hurricanes, to learn and develop
                management approaches to mitigate--
                            (i) permanent watershed damage;
                            (ii) quality and yield impacts on source
                        waters; and
                            (iii) increased costs of water treatment;
            (2) impacts on groundwater supplies from carbon
        sequestration, including research to evaluate potential water
        quality consequences of carbon sequestration in various
        regional aquifers, soil conditions, and mineral deposits;
            (3) water quantity impacts and solutions, including
        research--
                    (A) to evaluate climate change impacts on water
                resources throughout hydrological basins of the United
                States;
                    (B) to improve the accuracy and resolution of
                climate change models at a regional level;
                    (C) to identify and explore options for increasing
                conjunctive use of aboveground and underground storage
                of water; and
                    (D) to optimize operation of existing and new
                reservoirs in diminished and erratic periods of
                precipitation and runoff;
            (4) infrastructure impacts and solutions for water
        treatment facilities and underground pipelines, including
        research--
                    (A) to evaluate and mitigate the impacts of sea
                level rise on--
                            (i) near-shore facilities;
                            (ii) soil drying and subsidence; and
                            (iii) reduced flows in water and wastewater
                        pipelines; and
                    (B) on ways of increasing the resilience of
                existing infrastructure and development of new design
                standards for future infrastructure;
            (5) desalination, water reuse, and alternative supply
        technologies, including research--
                    (A) to improve and optimize existing membrane
                technologies, and to identify and develop breakthrough
                technologies, to enable the use of seawater, brackish
                groundwater, treated wastewater, and other impaired
                sources;
                    (B) into new sources of water through more cost-
                effective water treatment practices in recycling and
                desalination; and
                    (C) to improve technologies for use in--
                            (i) managing and minimizing the volume of
                        desalination and reuse concentrate streams; and
                            (ii) minimizing the environmental impacts
                        of seawater intake at desalination facilities;
            (6) energy efficiency and greenhouse gas minimization,
        including research--
                    (A) on optimizing the energy efficiency of water
                supply and improving water efficiency in energy
                production; and
                    (B) to identify and develop renewable, carbon-
                neutral energy options for the water supply industry;
            (7) regional and hydrological basin cooperative water
        management solutions, including research into--
                    (A) institutional mechanisms for greater regional
                cooperation and use of water exchanges, banking, and
                transfers; and
                    (B) the economic benefits of sharing risks of
                shortage across wider areas;
            (8) utility management, decision support systems, and water
        management models, including research--
                    (A) into improved decision support systems and
                modeling tools for use by water utility managers to
                assist with increased water supply uncertainty and
                adaptation strategies posed by climate change;
                    (B) to provide financial tools, including new rate
                structures, to manage financial resources and
                investments, because increased conservation practices
                may diminish revenue and increase investments in
                infrastructure; and
                    (C) to develop improved systems and models for use
                in evaluating--
                            (i) successful alternative methods for
                        conservation and demand management; and
                            (ii) climate change impacts on groundwater
                        resources;
            (9) reducing greenhouse gas emissions and energy demand
        management, including research to improve energy efficiency in
        water collection, production, transmission, treatment,
        distribution, and disposal to provide more sustainability and
        means to assist drinking water utilities in reducing the
        production of greenhouse gas emissions in the collection,
        production, transmission, treatment, distribution, and disposal
        of drinking water;
            (10) water conservation and demand management, including
        research--
                    (A) to develop strategic approaches to water demand
                management that offer the lowest-cost,
                noninfrastructural options to serve growing populations
                or manage declining supplies, primarily through--
                            (i) efficiencies in water use and
                        reallocation of the saved water;
                            (ii) demand management tools;
                            (iii) economic incentives; and
                            (iv) water-saving technologies; and
                    (B) into efficiencies in water management through
                integrated water resource management that
                incorporates--
                            (i) supply-side and demand-side processes;
                            (ii) continuous adaptive management; and
                            (iii) the inclusion of stakeholders in
                        decisionmaking processes; and
            (11) communications, education, and public acceptance,
        including research--
                    (A) into improved strategies and approaches for
                communicating with customers, decisionmakers, and other
                stakeholders about the implications of climate change
                on water supply; and
                    (B) to develop effective communication approaches
                to gain--
                            (i) public acceptance of alternative water
                        supplies and new policies and practices,
                        including conservation and demand management;
                        and
                            (ii) public recognition and acceptance of
                        increased costs.
    (c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2009 through 2019.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coal Cleanup Taxpayer Protection
Act''.

SEC. 2. SURFACE COAL MINING BONDING.

    Section 509 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1259) is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Alternative Bonding System.--The Secretary may approve as
part of a State or Federal program an alternative system that will--
            ``(1) achieve the objectives and purposes of the bonding
        program pursuant to this section; and
            ``(2) result in no greater risk of financial liability to
        the Federal Government or a State government than the bonding
        program under this section.''; and
            (2) by adding at the end the following:
    ``(f) Self-Bonding.--
            ``(1) Federal programs.--
                    ``(A) In general.--Effective on the date of
                enactment of this subsection, the Secretary--
                            ``(i) may not accept the bond of the
                        applicant itself (referred to in this
                        subsection as a `self-bond'); but
                            ``(ii) may accept a separate surety or
                        collateral bond, consistent with the terms
                        under subsection (b).
                    ``(B) Existing self-bonds.--For coal mining
                operations covered by a self-bond accepted by the
                Secretary prior to the date of enactment of this
                subsection, the permittee shall replace the self-bond
                with another form of bond acceptable to the Secretary
                under this section by not later than the earlier of--
                            ``(i) the date of renewal of the permit
                        under section 506(d); and
                            ``(ii) the date of any major permit
                        modification under section 506.
            ``(2) State programs.--
                    ``(A) In general.--Not later than 90 days after the
                date of enactment of this subsection, the Secretary
                shall notify all State regulatory authorities that
                allow applicants to self-bond that the approved
                regulatory programs of the State regulatory authority
                must be amended--
                            ``(i) to remove the authority for
                        applicants to self-bond; and
                            ``(ii) to require coal mining operations
                        covered by a self-bond accepted by the State
                        regulatory authority prior to the date of
                        enactment of this subsection to replace the
                        self-bond with another form of bond acceptable
                        under this section by not later than the
                        earlier of--
                                    ``(I) the date of renewal of the
                                permit under section 506(d); and
                                    ``(II) the date of any major permit
                                modification under section 506.
    ``(g) Bonds Issued by Surety.--
            ``(1) In general.--Not later than 1 year after the date of
        enactment of this subsection, the Secretary shall issue rules
        establishing limitations on surety bonds accepted under this
        section to minimize the risk of financial liability to the
        Federal Government or a State government, including rules
        regarding--
                    ``(A) the maximum quantity of corporate surety
                bonds issued by any 1 corporate surety as a percentage
                of the total quantity of coal mine reclamation bonds in
                any 1 State;
                    ``(B) the minimum percentage of surety bonds
                unrelated to activities regulated pursuant to this Act
                required to reinsure corporate surety bonds;
                    ``(C) the minimum collateralization required for
                corporate surety bonds; and
                    ``(D) the minimum amount of cash assets required to
                be held by a corporate surety as a percentage of coal
                mine reclamation bonds issued by the corporate surety.
            ``(2) Existing corporate bonds.--Corporate surety bonds in
        existence on the date of enactment of this subsection must be
        modified or replaced as necessary by not later than 1 year
        after the date on which the rule is issued under paragraph (1).
    ``(h) Collateral Requirements.--Real property posted as collateral
for a bond may not include--
            ``(1) coal;
            ``(2) a coal mine;
            ``(3) land that includes a coal mine;
            ``(4) land that is located above a coal mine;
            ``(5) a coal processing facility;
            ``(6) a coal waste disposal site;
            ``(7) coal mining equipment unlikely to retain salvage or
        resale value; or
            ``(8) any other property determined by the Secretary.
    ``(i) Executive Compensation.--The Secretary may require the
inclusion of executive compensation, including salaries and bonuses of
officers and executives, of an applicant under this section, and any
affiliated company, as collateral for a bond under this section.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Combat Veterans Back to Work Act of
2011''.

SEC. 2. PAYROLL TAX FORGIVENESS FOR HIRING COMBAT VETERANS.

    (a) In General.--Section 3111 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
    ``(e) Special Exemption for Certain Individuals Hired in 2011 and
2012.--
            ``(1) In general.--Subsection (a) shall not apply to wages
        paid by a qualified employer with respect to employment during
        the period beginning on the day after the date of the enactment
        of this subsection and ending on December 31, 2012, of any
        qualified individual for services performed--
                    ``(A) in a trade or business of such qualified
                employer, or
                    ``(B) in the case of a qualified employer exempt
                from tax under section 501(a), in furtherance of the
                activities related to the purpose or function
                constituting the basis of the employer's exemption
                under section 501.
            ``(2) Qualified employer.--For purposes of this
        subsection--
                    ``(A) In general.--The term `qualified employer'
                means any employer other than the United States, any
                State, or any political subdivision thereof, or any
                instrumentality of the foregoing.
                    ``(B) Treatment of employees of post-secondary
                educational institutions.--Notwithstanding subparagraph
                (A), the term `qualified employer' includes any
                employer which is a public institution of higher
                education (as defined in section 101(b) of the Higher
                Education Act of 1965).
            ``(3) Qualified individual.--For purposes of this
        subsection, the term `qualified individual' means any
        individual who--
                    ``(A) begins employment with a qualified employer
                after June 30, 2011, and before January 1, 2013,
                    ``(B) is a current member of the National Guard or
                other reserve component of the Armed Forces or a
                veteran (as defined in section 101 of title 38, United
                States Code),
                    ``(C) within 18 months before beginning such
                employment, returned from a deployment of at least 180
                days in support of a contingency operation (as defined
                in section 101 of title 10, United States Code) or
                under section 502(f) of title 32, United States Code,
                    ``(D) is not employed by the qualified employer to
                replace another employee of such employer unless such
                other employee separated from employment voluntarily or
                for cause, and
                    ``(E) is not an individual described in section
                51(i)(1) (applied by substituting `qualified employer'
                for `taxpayer' each place it appears).
            ``(4) Election.--A qualified employer may elect to have
        this subsection not apply. Such election shall be made in such
        manner as the Secretary may require.''.
    (b) Coordination With Work Opportunity Credit.--Section 51(c) of
such Code is amended by adding at the end the following new paragraph:
            ``(6) Coordination with payroll tax forgiveness.--The term
        `wages' shall not include any amount paid or incurred to a
        qualified individual (as defined in section 3111(e)(3)) during
        the 1-year period beginning on the hiring date of such
        individual by a qualified employer (as defined in section
        3111(e)) unless such qualified employer makes an election not
        to have section 3111(e) apply.''.
    (c) Transfers to Federal Old-Age and Survivors Insurance Trust
Fund.--There are hereby appropriated to the Federal Old-Age and
Survivors Trust Fund and the Federal Disability Insurance Trust Fund
established under section 201 of the Social Security Act (42 U.S.C.
401) amounts equal to the reduction in revenues to the Treasury by
reason of the amendments made by subsection (a). Amounts appropriated
by the preceding sentence shall be transferred from the general fund at
such times and in such manner as to replicate to the extent possible
the transfers which would have occurred to such Trust Fund had such
amendments not been enacted.
    (d) Application to Railroad Retirement Taxes.--
            (1) In general.--Section 3221 of the Internal Revenue Code
        of 1986 is amended by redesignating subsection (d) as
        subsection (e) and by inserting after subsection (c) the
        following new subsection:
    ``(d) Special Rate for Certain Individuals Hired in 2011 and
2012.--
            ``(1) In general.--In the case of compensation paid by a
        qualified employer during the period beginning on the day after
        the date of the enactment of this subsection and ending on
        December 31, 2012, with respect to having a qualified
        individual in the employer's employ for services rendered to
        such qualified employer, the applicable percentage under
        subsection (a) shall be equal to the rate of tax in effect
        under section 3111(b) for the calendar year.
            ``(2) Qualified employer.--The term `qualified employer'
        means any employer other than the United States, any State, or
        any political subdivision thereof, or any instrumentality of
        the foregoing.
            ``(3) Qualified individual.--For purposes of this
        subsection, the term `qualified individual' means any
        individual who--
                    ``(A) begins employment with a qualified employer
                after June 30, 2011, and before January 1, 2013,
                    ``(B) is a current member of the National Guard or
                other reserve component of the Armed Forces or a
                veteran (as defined in section 101 of title 38, United
                States Code),
                    ``(C) within 18 months before beginning such
                employment, returned from a deployment of at least 180
                days in support of a contingency operation (as defined
                in section 101 of title 10, United States Code) or
                under section 502(f) of title 32, United States Code,
                    ``(D) is not employed by the qualified employer to
                replace another employee of such employer unless such
                other employee separated from employment voluntarily or
                for cause, and
                    ``(E) is not an individual described in section
                51(i)(1) (applied by substituting `qualified employer'
                for `taxpayer' each place it appears).
            ``(4) Election.--A qualified employer may elect to have
        this subsection not apply. Such election shall be made in such
        manner as the Secretary may require.''.
            (2) Transfers to social security equivalent benefit
        account.--There are hereby appropriated to the Social Security
        Equivalent Benefit Account established under section 15A(a) of
        the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a))
        amounts equal to the reduction in revenues to the Treasury by
        reason of the amendments made by paragraph (1). Amounts
        appropriated by the preceding sentence shall be transferred
        from the general fund at such times and in such manner as to
        replicate to the extent possible the transfers which would have
        occurred to such Account had such amendments not been enacted.
    (e) Effective Date.--
            (1) In general.--The amendments made by this section shall
        apply to wages paid after the date of the enactment of this
        Act.
            (2) Railroad retirement taxes.--The amendments made by
        subsection (d) shall apply to compensation paid after the date
        of the enactment of this Act.

SEC. 3. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED VETERANS.

    (a) In General.--In the case of any taxable year ending after the
date of the enactment of this Act, the current year business credit
determined under section 38(b) of the Internal Revenue Code of 1986 for
such taxable year shall be increased by an amount equal to the product
of--
            (1) $1,000, and
            (2) the number of retained workers with respect to which
        subsection (b)(2) is first satisfied during such taxable year.
    (b) Retained Worker.--For purposes of this section, the term
``retained worker'' means any qualified individual (as defined in
section 3111(e)(3) of the Internal Revenue Code of 1986)--
            (1) who was employed by the taxpayer on any date during the
        taxable year,
            (2) who was so employed by the taxpayer for a period of not
        less than 52 consecutive weeks, and
            (3) whose wages for such employment during the last 26
        weeks of such period equaled at least 80 percent of such wages
        for the first 26 weeks of such period.
    (c) Limitation on Carrybacks.--No portion of the unused business
credit under section 38 of the Internal Revenue Code of 1986 for any
taxable year which is attributable to the increase in the current year
business credit under this section may be carried to a taxable year
beginning before the date of the enactment of this section.
    (d) Treatment of Possessions.--
            (1) Payments to possessions.--
                    (A) Mirror code possessions.--The Secretary of the
                Treasury shall pay to each possession of the United
                States with a mirror code tax system amounts equal to
                the loss to that possession by reason of the
                application of this section (other than this
                subsection). Such amounts shall be determined by the
                Secretary of the Treasury based on information provided
                by the government of the respective possession.
                    (B) Other possessions.--The Secretary of the
                Treasury shall pay to each possession of the United
                States which does not have a mirror code tax system
                amounts estimated by the Secretary of the Treasury as
                being equal to the aggregate benefits that would have
                been provided to residents of such possession by reason
                of the application of this section (other than this
                subsection) if a mirror code tax system had been in
                effect in such possession. The preceding sentence shall
                not apply with respect to any possession of the United
                States unless such possession has a plan, which has
                been approved by the Secretary of the Treasury, under
                which such possession will promptly distribute such
                payments to the residents of such possession.
            (2) Coordination with credit allowed against united states
        income taxes.--No increase in the credit determined under
        section 38(b) of the Internal Revenue Code of 1986 against
        United States income taxes for any taxable year determined
        under subsection (a) shall be taken into account with respect
        to any person--
                    (A) to whom a credit is allowed against taxes
                imposed by the possession by reason of this section for
                such taxable year, or
                    (B) who is eligible for a payment under a plan
                described in paragraph (1)(B) with respect to such
                taxable year.
            (3) Definitions and special rules.--
                    (A) Possession of the united states.--For purposes
                of this subsection, the term ``possession of the United
                States'' includes the Commonwealth of Puerto Rico and
                the Commonwealth of the Northern Mariana Islands.
                    (B) Mirror code tax system.--For purposes of this
                subsection, the term ``mirror code tax system'' means,
                with respect to any possession of the United States,
                the income tax system of such possession if the income
                tax liability of the residents of such possession under
                such system is determined by reference to the income
                tax laws of the United States as if such possession
                were the United States.
                    (C) Treatment of payments.--For purposes of section
                1324(b)(2) of title 31, United States Code, rules
                similar to the rules of section 1001(b)(3)(C) of the
                American Recovery and Reinvestment Tax Act of 2009
                shall apply.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on Effective Regulation
and Assessment Systems for Public Schools Act''.

SEC. 2. COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS FOR
              PUBLIC SCHOOLS.

    (a) In General.--The Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.) is amended by adding at the end the following:

 ``TITLE X--COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS
                           FOR PUBLIC SCHOOLS

``SEC. 10001. DEFINITIONS.

    ``In this title:
            ``(1) Chairperson.--The term `Chairperson' means the
        Chairperson of the Commission.
            ``(2) Commission.--The term `Commission' means the
        Commission on Effective Regulation and Assessment Systems for
        Public Schools.
            ``(3) Relevant committees.--The term `relevant committees'
        means the Committee on Health, Education, Labor, and Pensions
        of the Senate and the Committee on Education and the Workforce
        of the House of Representatives.

``SEC. 10002. ESTABLISHMENT OF COMMISSION ON EFFECTIVE REGULATION AND
              ASSESSMENT SYSTEMS FOR PUBLIC SCHOOLS.

    ``(a) In General.--Not later than 30 days after the date of
enactment of the Commission on Effective Regulation and Assessment
Systems for Public Schools Act, the Secretary shall establish a
commission to be known as the `Commission on Effective Regulation and
Assessment Systems for Public Schools'.
    ``(b) Purpose.--The Commission shall--
            ``(1) examine Federal, State, and local regulatory
        requirements on elementary and secondary education;
            ``(2) make recommendations on how to align and improve such
        Federal, State, and local requirements to improve performance
        and innovation;
            ``(3) examine the quality and purpose of current Federal,
        State, and local assessment requirements; and
            ``(4) make recommendations to improve and align assessment
        systems to provide quality and meaningful information for
        parents, teachers, and students to improve student achievement,
        teacher performance, and innovation.
    ``(c) Membership.--
            ``(1) Composition.--The Commission shall be composed of--
                    ``(A) 4 Governors;
                    ``(B) 6 State legislators;
                    ``(C) 2 Chief State school officers;
                    ``(D) 2 State officials responsible for
                administering Federal education programs;
                    ``(E) 4 superintendents;
                    ``(F) 2 principals;
                    ``(G) 2 teachers;
                    ``(H) 2 assessment experts; and
                    ``(I) 2 teacher and principal effectiveness
                experts.
            ``(2) Recommendations.--The Secretary shall solicit input
        and nominations for appointing members of the Commission from--
                    ``(A) Governors;
                    ``(B) members of Congress;
                    ``(C) State legislators;
                    ``(D) superintendents, principals, teachers, and
                other members of the education community; and
                    ``(E) parents, students, and other members of the
                general public.
            ``(3) Determination.--The Secretary shall determine the
        membership of the Commission after considering recommendations
        submitted under paragraph (2).
    ``(d) Chairperson.--The Secretary shall designate a Governor as the
Chairperson of the Commission.
    ``(e) Meetings.--The Commission shall hold, at the call of the
Chairperson, at least 1 meeting every 6 months. All such meetings shall
be open to the public. The Commission may hold, at the call of the
Chairperson, such other meetings as the Chairperson sees fit to carry
out this title.
    ``(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
    ``(g) Initial Meeting.--The Commission shall hold its first meeting
not later than 60 days after the date of enactment of the Commission on
Effective Regulation and Assessment Systems for Public Schools Act.

``SEC. 10003. POWERS OF THE COMMISSION.

    ``(a) Hearings.--
            ``(1) In general.--The Commission shall hold such hearings,
        sit and act at such times and places, take such testimony, and
        receive such evidence as the Commission determines appropriate
        to carry out this title.
            ``(2) Participation.--In hearings held under this
        subsection, the Commission shall consider inviting witnesses
        from, among other groups--
                    ``(A) teachers;
                    ``(B) parents;
                    ``(C) principals;
                    ``(D) superintendents;
                    ``(E) Federal, State, and local educational agency
                personnel;
                    ``(F) researchers and other experts; and
                    ``(G) any other individuals determined appropriate
                by the Commission.
    ``(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this title. Upon request of
the Chairperson, the head of such department or agency shall furnish
such information to the Commission.

``SEC. 10004. DUTIES OF THE COMMISSION.

    ``(a) Duties.--
            ``(1) In general.--The Commission shall take such actions
        as it determines necessary to gain a full understanding of the
        issues of effective regulation and assessment systems for
        public schools.
            ``(2) Areas of emphasis.--The Commission shall focus--
                    ``(A) in examining the over-regulation of public
                schools, on--
                            ``(i) examining Federal, State and local
                        regulations governing public schools;
                            ``(ii) differentiating between financial,
                        programmatic, general education, special
                        education, and civil rights requirements;
                            ``(iii) identifying which government entity
                        requires each regulation;
                            ``(iv) measuring the cost of compliance in
                        terms of funds spent on compliance and time in
                        hours and personnel;
                            ``(v) identifying duplicative, redundant,
                        or unnecessary regulations at each governmental
                        level; and
                            ``(vi) investigating how Federal, State,
                        and local interpretations of laws and
                        regulations create additional or unnecessary
                        burden and are used as rationale for imposing
                        requirements that are not actually mandated by
                        law; and
                    ``(B) in examining the effective testing of public
                schools, on--
                            ``(i) examining Federal, State, and local
                        testing and standardized assessment
                        requirements for public elementary schools,
                        middle schools, and high schools;
                            ``(ii) determining the purpose and intent
                        of each such test or assessment, including
                        whether it is intended to measure student
                        achievement and growth, teacher and principal
                        effectiveness, or system accountability;
                            ``(iii) determining the frequency, length,
                        and scheduling of such tests and assessments,
                        and measuring, in hours and days, the student
                        and teacher time spent on testing;
                            ``(iv) examining standardized assessments
                        required by Federal, State, or local
                        requirements, excluding teacher-created tests
                        and quizzes and formative assessments;
                            ``(v) reporting on the quality of
                        standardized assessments;
                            ``(vi) examining reporting practices of
                        test results and the degree to which they are
                        returned in a timely manner with sufficient
                        quality to be useful to parents, teachers and
                        principals, and students to inform and improve
                        their work, including targeting instruction to
                        student needs, grading student work, and
                        evaluating teacher and principal effectiveness;
                            ``(vii) analyzing the ability of quality
                        assessments to measure whether a student is
                        prepared to graduate from high school and
                        pursue college or a career without the need for
                        academic remediation;
                            ``(viii) examining what factors most
                        contribute to quality assessments and the
                        extent to which high-quality assessments can
                        advance student learning;
                            ``(ix) determining the technology
                        infrastructure required for next generation
                        assessments; and
                            ``(x) identifying opportunities to improve
                        assessment practices to better promote parent,
                        teacher and principal, and student
                        understanding of progress toward college and
                        career readiness and public understanding of
                        school performance and educational
                        productivity.
            ``(3) Samples.--In conducting its work under this title,
        the Commission may rely on samples of States and local school
        districts for examples of regulations and testing requirements.
    ``(b) Reports.--
            ``(1) In general.--Subject to paragraph (2), the Commission
        shall provide regular reports in a manner and form of the
        Commission's choosing to--
                    ``(A) the Secretary; and
                    ``(B) the members of the relevant committees.
            ``(2) Annual report.--Not later than 1 year after the date
        of the first meeting of the Commission, and annually
        thereafter, the Commission shall issue a report to--
                    ``(A) the Secretary; and
                    ``(B) the members of the relevant committees.
            ``(3) Public report.--The Commission shall--
                    ``(A) prepare a report--
                            ``(i) analyzing findings of the Commission;
                        and
                            ``(ii) making recommendations for Federal,
                        State, and local policy makers; and
                    ``(B) broadly disseminate such report to the
                general public.
    ``(c) Testimony.--The Chairperson shall annually provide testimony
to the relevant committees.

``SEC. 10005. COMMISSION PERSONNEL MATTERS.

    ``(a) Compensation of Members.--Each member of the Commission shall
serve without compensation in addition to any such compensation
received for the member's service as an officer or employee of the
United States, if applicable.
    ``(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter 1 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
Commission.
    ``(c) Assistance.--
            ``(1) In general.--The Assistant Secretary of Elementary
        and Secondary Education shall provide assistance to the
        Commission, upon request of the Commission, without
        reimbursement.
            ``(2) Detail of government employees.--Any Federal
        Government employee may be detailed to the Commission without
        reimbursement, and such detail shall be without interruption or
        loss of civil service status or privilege.''.
    (b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by adding at
the end the following:

 ``TITLE X--COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS
                           FOR PUBLIC SCHOOLS

``Sec. 10001. Definitions.
``Sec. 10002. Establishment of Commission on Effective Regulation and
                            Assessment Systems for Public Schools.
``Sec. 10003. Powers of the Commission.
``Sec. 10004. Duties of the Commission.
``Sec. 10005. Commission personnel matters.''.


SECTION 1. SHORT TITLE.

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

SEC. 2. ESTABLISHMENT.

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

SEC. 3. DUTY OF COMMISSION.

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

SEC. 4. MEMBERSHIP.

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

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

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

SEC. 6. HEARINGS AND SESSIONS.

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

SEC. 7. ADDITIONAL POWERS OF COMMISSION.

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

SEC. 8. REPORT.

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

SEC. 9. TERMINATION.

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

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

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


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on Probabilistic Methods
Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) probabilistic methods have wide applicability in
        improving process efficiency and eliminating overdesign in
        government programs and purchases;
            (2) the integration of probabilistic methods into business
        practices has contributed significantly to the success of
        industry quality programs and has saved billions of dollars for
        companies;
            (3) Federal use of probabilistic methods is less advanced
        than it is in industry;
            (4) probabilistic methods hold out the promise of better
        understanding of safety and environmental risks, and if
        properly applied can lead to more business-friendly
        regulations;
            (5) if made an integral part of federally funded design
        efforts, probabilistic methods could lead to a better
        understanding of the specifications a product must meet and
        reduce overdesign and associated costs; and
            (6) appropriate use of probabilistic methods within the
        programs of the Department of Transportation could lead through
        quantification of uncertainties to more reliable, less costly
        components of our transportation system, including roads,
        bridges, and automotive, aerospace, and mass transit systems,
        and could also benefit the programs of other Federal agencies
        such as the Department of Defense, the Department of Commerce,
        and the National Institutes of Health.

SEC. 3. ESTABLISHMENT.

    The Administrator of the Research and Special Programs
Administration of the Department of Transportation (in this Act
referred to as the ``Administrator'') shall establish a commission to
be known as the ``Commission on Probabilistic Methods'' (in this Act
referred to as the ``Commission'').

SEC. 4. DUTIES OF COMMISSION.

    The Commission shall--
            (1) identify where and how probabilistic methods can help
        the Department of Transportation;
            (2) assess the extent to which probabilistic methods can
        help the Department of Transportation maximize return on
        investment and increase public safety;
            (3) evaluate the state of probabilistic methods technology;
            (4) identify the probabilistic techniques that are ready
        for practical use and recommend guidelines that can help a user
        decide what technique to use;
            (5) establish models for quantifying uncertainties in major
        Department of Transportation programs that affect cost,
        operation, and performance;
            (6) identify key technology areas that must be further
        developed;
            (7) recommend guidelines for implementation of
        probabilistic technology;
            (8) recommend how to set reliability levels that can ensure
        public safety and be achievable by industry;
            (9) recommend probabilistic-based guidelines for safety
        tests;
            (10) recommend guidelines for creating required database;
            (11) determine appropriate means of expediting technology
        transfer and ensuring that the principles of probabilistic
        methods are used appropriately in decisions involving funds
        under the control of the Department of Transportation;
            (12) identify legal and cultural barriers to the effective
        use of probabilistic methods at the Department of
        Transportation;
            (13) make recommendations for the use of probabilistic
        methods in Department of Transportation programs;
            (14) make recommendations for institutionalizing
        probabilistic methods values at the Department of
        Transportation after the termination of the Commission; and
            (15) recommend pilot projects for evaluation of
        probabilistic methods technology.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 19
members as follows:
            (1) A chairperson, who shall be a representative of an
        engineering society with experience in probabilistic methods,
        such as the Society of Automotive Engineers.
            (2) Four members from the higher education community.
            (3) Four members from various levels of government.
            (4) Four members from industry.
            (5) One member representing labor.
            (6) One member representing the environmental community.
            (7) One member representing the public interest.
            (8) A representative of the Department of Defense,
        appointed by the Secretary of Defense.
            (9) A representative of the Department of Commerce,
        appointed by the Secretary of Commerce.
            (10) A representative of the National Institutes of Health,
        appointed by the Director of the National Institutes of Health.
The members described in paragraphs (1) through (7) shall be appointed
by the Administrator.
    (b) Terms.--
            (1) In general.--Each member shall be appointed for the
        life of the Commission.
            (2) Vacancies.--A vacancy in the Commission shall be filled
        in the manner in which the original appointment was made.
    (c) Basic Pay.--Members shall serve without pay.
    (d) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
    (e) Quorum.--10 members of the Commission shall constitute a quorum
but a lesser number may hold hearings.
    (f) Initial Meeting.--The initial meeting of the Commission shall
occur within 180 days after the date of the enactment of this Act.
    (g) Agenda.--Within 6 months after its initial meeting under
subsection (f), the Commission shall transmit to the Administrator a
written agenda for its activities.

SEC. 6. ADMINISTRATIVE SUPPORT.

    (a) In General.--The Department of Transportation shall provide the
Commission with such administrative support as it shall require to
carry out its duties.
    (b) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
    (c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall furnish that information to the Commission.
    (d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.

SEC. 7. REPORTS.

    (a) Interim Report.--The Commission shall transmit to the
Administrator an interim report not later than 2 years after its
initial meeting under section 5(f).
    (b) Final Report.--The Commission shall transmit a final report to
the Administrator not later than 36 months after its initial meeting
under section 5(f). The final report shall contain a detailed statement
of the findings, conclusions, and recommendations of the Commission.

SEC. 8. TERMINATION.

    The Commission shall terminate 10 days after submitting its final
report pursuant to section 7(b). Section 14(a)(2)(B) of the Federal
Advisory Committee Act (5 U.S.C. App.; relating to the termination of
advisory committees) shall not apply to the Commission.

SEC. 9. BUDGET ACT COMPLIANCE.

    Any spending authority (as defined in subparagraphs (A) and (C) of
section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C.
651(c)(2)(A) and (C))) authorized by this Act shall be effective only
to such extent and in such amounts as are provided in appropriation
Acts.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission to Study the Potential
Creation of a National Women's History Museum Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the
        Commission to Study the Potential Creation of a National
        Women's History Museum established by section 3(a).
            (2) Museum.--The term ``Museum'' means the National Women's
        History Museum.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) In General.--There is established the Commission to Study the
Potential Creation of a National Women's History Museum.
    (b) Membership.--The Commission shall be composed of 8 members, of
whom--
            (1) 2 members shall be appointed by the majority leader of
        the Senate;
            (2) 2 members shall be appointed by the Speaker of the
        House of Representatives;
            (3) 2 members shall be appointed by the minority leader of
        the Senate; and
            (4) 2 members shall be appointed by the minority leader of
        the House of Representatives.
    (c) Qualifications.--Members of the Commission shall be appointed
to the Commission from among individuals, or representatives of
institutions or entities, who possess--
            (1)(A) a demonstrated commitment to the research, study, or
        promotion of women's history, art, political or economic
        status, or culture; and
            (B)(i) expertise in museum administration;
            (ii) expertise in fundraising for nonprofit or cultural
        institutions;
            (iii) experience in the study and teaching of women's
        history;
            (iv) experience in studying the issue of the representation
        of women in art, life, history, and culture at the Smithsonian
        Institution; or
            (v) extensive experience in public or elected service;
            (2) experience in the administration of, or the planning
        for, the establishment of, museums; or
            (3) experience in the planning, design, or construction of
        museum facilities.
    (d) Prohibition.--No employee of the Federal Government may serve
as a member of the Commission.
    (e) Deadline for Initial Appointment.--The initial members of the
Commission shall be appointed not later than the date that is 90 days
after the date of enactment of this Act.
    (f) Vacancies.--A vacancy in the Commission--
            (1) shall not affect the powers of the Commission; and
            (2) shall be filled in the same manner as the original
        appointment was made.
    (g) Chairperson.--The Commission shall, by majority vote of all of
the members, select 1 member of the Commission to serve as the
Chairperson of the Commission.

SEC. 4. DUTIES OF THE COMMISSION.

    (a) Reports.--
            (1) Plan of action.--The Commission shall submit to the
        President and Congress a report containing the recommendations
        of the Commission with respect to a plan of action for the
        establishment and maintenance of a National Women's History
        Museum in Washington, DC.
            (2) Report on issues.--The Commission shall submit to the
        President and Congress a report that addresses the following
        issues:
                    (A) The availability and cost of collections to be
                acquired and housed in the Museum.
                    (B) The impact of the Museum on regional women
                history-related museums.
                    (C) Potential locations for the Museum in
                Washington, DC, and its environs.
                    (D) Whether the Museum should be part of the
                Smithsonian Institution.
                    (E) The governance and organizational structure
                from which the Museum should operate.
                    (F) Best practices for engaging women in the
                development and design of the Museum.
                    (G) The cost of constructing, operating, and
                maintaining the Museum.
            (3) Deadline.--The reports required under paragraphs (1)
        and (2) shall be submitted not later than the date that is 18
        months after the date of the first meeting of the Commission.
    (b) Fundraising Plan.--
            (1) In general.--The Commission shall develop a fundraising
        plan to support the establishment, operation, and maintenance
        of the Museum through contributions from the public.
            (2) Considerations.--In developing the fundraising plan
        under paragraph (1), the Commission shall consider--
                    (A) the role of the National Women's History Museum
                (a nonprofit, educational organization described in
                section 501(c)(3) of the Internal Revenue Code of 1986
                that was incorporated in 1996 in Washington, DC, and
                dedicated for the purpose of establishing a women's
                history museum) in raising funds for the construction
                of the Museum; and
                    (B) issues relating to funding the operations and
                maintenance of the Museum in perpetuity without
                reliance on appropriations of Federal funds.
            (3) Independent review.--The Commission shall obtain an
        independent review of the viability of the plan developed under
        paragraph (1) and such review shall include an analysis as to
        whether the plan is likely to achieve the level of resources
        necessary to fund the construction of the Museum and the
        operations and maintenance of the Museum in perpetuity without
        reliance on appropriations of Federal funds.
            (4) Submission.--The Commission shall submit the plan
        developed under paragraph (1) and the review conducted under
        paragraph (3) to the Committees on Transportation and
        Infrastructure, House Administration, Natural Resources, and
        Appropriations of the House of Representatives and the
        Committees on Rules and Administration, Energy and Natural
        Resources, and Appropriations of the Senate.
    (c) Legislation To Carry Out Plan of Action.--Based on the
recommendations contained in the report submitted under paragraphs (1)
and (2) of subsection (a), the Commission shall submit for
consideration to the Committees on Transportation and Infrastructure,
House Administration, Natural Resources, and Appropriations of the
House of Representatives and the Committees on Rules and
Administration, Energy and Natural Resources, and Appropriations of the
Senate recommendations for a legislative plan of action to establish
and construct the Museum.
    (d) National Conference.--Not later than 18 months after the date
on which the initial members of the Commission are appointed under
section 3, the Commission may, in carrying out the duties of the
Commission under this section, convene a national conference relating
to the Museum, to be comprised of individuals committed to the
advancement of the life, art, history, and culture of women.

SEC. 5. DIRECTOR AND STAFF OF COMMISSION.

    (a) Director and Staff.--
            (1) In general.--The Commission may employ and compensate
        an executive director and any other additional personnel that
        are necessary to enable the Commission to perform the duties of
        the Commission.
            (2) Rates of pay.--Rates of pay for persons employed under
        paragraph (1) shall be consistent with the rates of pay allowed
        for employees of a temporary organization under section 3161 of
        title 5, United States Code.
    (b) Not Federal Employment.--Any individual employed under this Act
shall not be considered a Federal employee for the purpose of any law
governing Federal employment.
    (c) Technical Assistance.--
            (1) In general.--Subject to paragraph (2), on request of
        the Commission, the head of a Federal agency may provide
        technical assistance to the Commission.
            (2) Prohibition.--No Federal employees may be detailed to
        the Commission.

SEC. 6. ADMINISTRATIVE PROVISIONS.

    (a) Compensation.--
            (1) In general.--A member of the Commission--
                    (A) shall not be considered to be a Federal
                employee for any purpose by reason of service on the
                Commission; and
                    (B) shall serve without pay.
            (2) Travel expenses.--A member of the Commission shall be
        allowed a per diem allowance for travel expenses, at rates
        consistent with those authorized under subchapter I of chapter
        57 of title 5, United States Code.
    (b) Gifts, Bequests, Devises.--The Commission may solicit, accept,
use, and dispose of gifts, bequests, or devises of money, services, or
real or personal property for the purpose of aiding or facilitating the
work of the Commission.
    (c) Federal Advisory Committee Act.--The Commission shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 7. TERMINATION.

    The Commission shall terminate on the date that is 30 days after
the date on which the final versions of the reports required under
section 4(a) are submitted.

SEC. 8. FUNDING.

    (a) In General.--The Commission shall be solely responsible for
acceptance of contributions for, and payment of the expenses of, the
Commission.
    (b) Prohibition.--No Federal funds may be obligated to carry out
this Act.

            Passed the House of Representatives May 7, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.


SECTION 1. COMMUNITY-BASED OVERWEIGHT AND OBESITY PREVENTION PROGRAM.

    Part Q of title III (42 U.S.C. 280h et seq.) is amended by
inserting after section 399W the following:

``SEC. 399W-1. COMMUNITY-BASED OVERWEIGHT AND OBESITY PREVENTION
              PROGRAM.

    ``(a) Program.--The Secretary shall establish a community-based
overweight and obesity prevention program consisting of awarding grants
and contracts under subsection (b).
    ``(b) Grants.--The Secretary shall award grants to, or enter into
contracts with, eligible entities--
            ``(1) to plan evidence-based programs for the prevention of
        overweight and obesity among children and their families
        through improved nutrition and increased physical activity; or
            ``(2) to implement such programs.
    ``(c) Eligibility.--To be eligible for a grant or contract under
subsection (b), an entity shall be a community partnership that
demonstrates community support and includes--
            ``(1) a broad cross section of stakeholders, such as--
                    ``(A) hospitals, health care systems, community
                health centers, or other health care providers;
                    ``(B) universities, local educational agencies, or
                childcare providers;
                    ``(C) State, local, and tribal health departments;
                    ``(D) State, local, and tribal park and recreation
                departments;
                    ``(E) employers; and
                    ``(F) health insurance companies;
            ``(2) residents of the community; and
            ``(3) representatives of public and private entities that
        have a history of working within and serving the community.
    ``(d) Period of Awards.--
            ``(1) In general.--The period of a grant or contract under
        this section shall be 5 years, subject to renewal under
        paragraph (2).
            ``(2) Renewal.--At the end of each fiscal year, the
        Secretary may renew a grant or contract award under this
        section only if the grant or contract recipient demonstrates to
        the Secretary's satisfaction that the recipient has made
        appropriate, measurable progress in preventing overweight and
        obesity.
    ``(e) Requirements.--
            ``(1) In general.--The Secretary may award a grant or
        contract under this section to an entity only if the entity
        demonstrates to the Secretary's satisfaction that--
                    ``(A) not later than 90 days after receiving the
                grant or contract, the entity will establish a steering
                committee to provide input on the assessment of, and
                recommendations on improvements to, the entity's
                program funded through the grant or contract; and
                    ``(B) the entity has conducted or will conduct an
                assessment of the overweight and obesity problem in its
                community, including the extent of the problem and
                factors contributing to the problem.
            ``(2) Matching requirement.--The Secretary may award a
        grant or contract to an eligible entity under this section only
        if the entity agrees to provide, from non-Federal sources, an
        amount equal to $1 (in cash or in kind) for each $9 provided
        through the grant or contract to carry out the activities
        supported by the grant or contract.
            ``(3) Payor of last resort.--The Secretary may award a
        grant or contract under this section to an entity only if the
        entity demonstrates to the satisfaction of the Secretary that
        funds received through the grant or contract will not be
        expended for any activity to the extent that payment has been
        made, or can reasonably be expected to be made--
                    ``(A) under any insurance policy;
                    ``(B) under any Federal or State health benefits
                program (including titles XIX and XXI of the Social
                Security Act); or
                    ``(C) by an entity which provides health services
                on a prepaid basis.
            ``(4) Maintenance of effort.--The Secretary may award a
        grant or contract under this section to an entity only if the
        entity demonstrates to the satisfaction of the Secretary that--
                    ``(A) funds received through the grant or contract
                will be expended only to supplement, and not supplant,
                non-Federal and Federal funds otherwise available to
                the entity for the activities to be funded through the
                grant or contract; and
                    ``(B) with respect to such activities, the entity
                will maintain expenditures of non-Federal amounts for
                such activities at a level not less than the lesser of
                such expenditures maintained by the entity for the
                fiscal year preceding the fiscal year for which the
                entity receives the grant or contract.
    ``(f) Preferences.--In awarding grants and contracts under this
section, the Secretary shall give preference to eligible entities
that--
            ``(1) will serve communities with high levels of overweight
        and obesity and related chronic diseases; or
            ``(2) will plan or implement activities for the prevention
        of overweight and obesity in school or workplace settings.
    ``(g) Report.--The Secretary shall submit to the Congress an annual
report on the program of grants and contracts awarded under this
section.
    ``(h) Definitions.--In this section:
            ``(1) The term `evidence-based' means that methodologically
        sound research has demonstrated a beneficial health effect in
        the judgment of the Secretary and includes the Ways to Enhance
        Children's Activity and Nutrition (We Can) program and
        curriculum of the National Institutes of Health.
            ``(2) The term `local educational agency' has the meaning
        given to the term in section 9101 of the Elementary and
        Secondary Education Act of 1965.
    ``(i) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $10,000,000 for fiscal year
2011 and such sums as may be necessary for each of fiscal years 2012
through 2015.''.