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Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Support Enforcement 
Improvements Act of 1993''.

SEC. 2. NONLIABILITY FOR DEPOSITORY INSTITUTIONS PROVIDING FINANCIAL 
              RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN 
              CHILD SUPPORT CASES.

    (a) In General.--Notwithstanding any other provision of Federal or 
State law, a depository institution shall not be liable under any 
Federal or State law to any person for disclosing any financial record 
of an individual to a State child support enforcement agency attempting 
to establish, modify, or enforce a child support obligation of such 
individual.
    (b) Prohibition of Disclosure of Financial Record Obtained by State 
Child Support Enforcement Agency.--A State child support enforcement 
agency which obtains a financial record of an individual from a 
financial institution pursuant to subsection (a) may disclose such 
financial record only for the purpose of, and to the extent necessary 
in, establishing, modifying, or enforcing a child support obligation of 
such individual.
    (c) Civil Damages for Unauthorized Disclosure.--
            (1) Disclosure by state officer or employee.--If any 
        officer or employee of a State knowingly, or by reason of 
        negligence, discloses a financial record of an individual in 
        violation of subsection (b), such individual may bring a civil 
        action for damages against such State in a district court of 
        the United States.
            (2) No liability for good faith but erroneous 
        interpretation.--No liability shall arise under this subsection 
        with respect to any disclosure which results from a good faith, 
        but erroneous, interpretation of subsection (b).
            (3) Damages.--In any action brought under paragraph (1), 
        upon a finding of liability on the part of the defendant, the 
        defendant shall be liable to the plaintiff in an amount equal 
        to the sum of--
                    (A) the greater of--
                            (i) $1,000 for each act of unauthorized 
                        disclosure of a financial record with respect 
                        to which such defendant is found liable; or
                            (ii) the sum of--
                                    (I) the actual damages sustained by 
                                the plaintiff as a result of such 
                                unauthorized disclosure; plus
                                    (II) in the case of a willful 
                                disclosure or a disclosure which is the 
                                result of gross negligence, punitive 
                                damages; plus
                    (B) the costs of the action.
    (d) Definitions.--For purposes of this section:
            (1) The term ``depository institution'' means--
                    (A) a depository institution, as defined by section 
                3(c) of the Federal Deposit Insurance Act;
                    (B) an institution-affiliated party, as defined by 
                section 3(u) of such Act; and
                    (C) any Federal credit union or State credit union, 
                as defined by section 101 of the Federal Credit Union 
                Act, including an institution-affiliated party of such 
                a credit union, as defined by section 206(r) of such 
                Act.
            (2) The term ``financial record'' has the meaning given 
        such term by section 1101 of the Right to Financial Privacy Act 
        of 1978.
            (3) The term ``State child support enforcement agency'' 
        means a State agency which administers a State program for 
        establishing and enforcing child support obligations.

SEC. 3. ACCESS TO AND USE OF CONSUMER REPORTS BY STATE CHILD SUPPORT 
              ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES.

    (a) In General.--Section 604 of the Fair Credit Reporting Act (15 
U.S.C. 1681b) is amended by adding at the end the following:
            ``(4) To a State child support enforcement agency that is 
        seeking to establish, modify, or enforce a child support 
        obligation against the consumer, if--
                    ``(A) the paternity of the consumer for the child 
                to which the obligation relates has been established or 
                acknowledged by the consumer in accordance with State 
                laws under which the obligation arises (if required by 
                those laws); and
                    ``(B) the State child support enforcement agency--
                            ``(i) before obtaining the consumer report, 
                        provides written notice to the consumer that 
                        the State agency intends to obtain a consumer 
                        report on the consumer; and
                            ``(ii) certifies to the consumer reporting 
                        agency that--
                                    ``(I) the requirement in 
                                subparagraph (A) has been fulfilled (if 
                                applicable); and
                                    ``(II) the notice required by 
                                clause (i) has been provided.''.
    (b) State Child Support Enforcement Agency Defined.--Section 603 of 
such Act (15 U.S.C. 1681a) is amended by adding at the end the 
following new subsection:
    ``(j) The term `State child support enforcement agency' means a 
State agency which administers a State program for establishing and 
enforcing child support obligations.''.

SEC. 4. HEALTH CARE SUPPORT.

    (a) Inclusion in Child Support Orders.--
            (1) In general.--Section 466(a) of the Social Security Act 
        (42 U.S.C. 666(a)) is amended by inserting after paragraph (10) 
        the following:
            ``(11) Not later than the beginning of the 9th calendar 
        month that begins after the date the Secretary prescribes final 
        regulations as provided for in section 467(d)(2):
                    ``(A) Procedures which require any child support 
                order, issued or modified by a court or administrative 
                agency of the State on or after the effective date of 
                guidelines established by the State under section 
                467(d), to provide for coverage of the health care 
                costs of the child in accordance with such guidelines.
                    ``(B) Procedures which require the expedited 
                consideration and disposition of any allegation of 
                noncompliance with an obligation to cover the health 
                care costs of a child imposed under a child support 
                order issued or modified in the State.''.
            (2) State guidelines.--Section 467 of such Act (42 U.S.C. 
        667) is amended by adding at the end the following:
    ``(d)(1) Not later than the beginning of the 9th calendar month 
that begins after the date the Secretary prescribes final regulations 
in accordance with paragraph (2), each State, as a condition for having 
its State plan approved under this part, must establish guidelines for 
the coverage of the health care costs of children pursuant to child 
support orders issued or modified in the State, which guidelines shall 
create a streamlined process that meets the minimum standards 
established by the Secretary in such regulations.
    ``(2)(A) The Secretary shall promulgate regulations which set forth 
minimum standards that any set of guidelines established pursuant to 
paragraph (1) must meet in providing for the coverage of the health 
care costs of children pursuant to child support orders issued or 
modified in the State, including--
            ``(i) the contents of such an order with respect to the 
        coverage of such costs;
            ``(ii) the distribution of responsibility for such costs;
            ``(iii) to the extent that such costs are to be covered 
        through health insurance--
                    ``(I) the provision of such insurance;
                    ``(II) the payment of insurance claims; and
                    ``(III) the rights of the noncustodial parent and 
                the custodial parent to insurance information;
            ``(iv) the circumstances under which a provider of health 
        insurance may or may not deny coverage to a child who is the 
        subject of such an order;
            ``(v) penalties to be imposed on providers of health 
        insurance who fail to comply with the guidelines; and
            ``(vi) how changes in the circumstances of the noncustodial 
        parent and the custodial parent are to be taken into account 
        with respect to the coverage of such costs.
    ``(B) In developing such standards, the Secretary shall ensure 
that, in establishing guidelines pursuant to paragraph (1), the State 
considers the following matters in the following order of importance:
            ``(i) The best interests of the child.
            ``(ii) The financial and other circumstances of the parents 
        of the child.
            ``(iii) Cost-effectiveness.
    ``(3) The preceding subsections of this section shall apply in like 
manner to the guidelines established pursuant to this subsection.''.
            (3) Regulations.--
                    (A) Proposed regulations.--Within 9 months after 
                the date of the enactment of this Act, the Secretary of 
                Health and Human Services shall issue proposed 
                regulations to implement the amendments made by this 
                subsection.
                    (B) Final regulations.--Within 14 months after the 
                date of the enactment of this Act, the Secretary of 
                Health and Human Services shall issue final regulations 
                to implement the amendments made by this subsection.
    (b) Inclusion in Incentive Payments Program of Dependent Health 
Insurance Provided Due to Successful Enforcement.--
            (1) In general.--Section 458(b) of the Social Security Act 
        (42 U.S.C. 658(b)) is amended by adding at the end the 
        following:
    ``(5)(A) For purposes of this section, the successful enforcement 
by the State of a provision of a support order requiring an absent 
parent to obtain health insurance for 1 or more children shall be 
considered the collection of support from the absent parent, without 
regard to the means by which such support is provided.
    ``(B) The amount of support collected in any case in which the 
State successfully enforces a provision of a support order requiring an 
absent parent to obtain health insurance for 1 or more children shall 
be the savings to the State from the provision of such health insurance 
to such children, as determined in accordance with a health insurance 
savings methodology adopted by the State in accordance with regulations 
prescribed by the Secretary.''.
            (2) Regulations.--Within 6 months after the date of the 
        enactment of this Act, the Secretary of Health and Human 
        Services shall prescribe such regulations as may be necessary 
        to implement the amendment made by paragraph (1).
            (3) Study; report.--
                    (A) Study.--The Secretary of Health and Human 
                Services shall conduct a study to determine the 
                incentives that should be provided to encourage States 
                to enforce obligations of noncustodial parents to pay 
                (and obtain medical insurance coverage with respect to) 
                the reasonable and necessary health and dental expenses 
                of the children to whom the noncustodial parents owe 
                such obligations.
                    (B) Report.--Not later than 12 months after the 
                date of the enactment of this Act, the Secretary of 
                Health and Human Services shall submit to the Committee 
                on Ways and Means of the House of Representatives and 
                the Committee on Finance of the Senate the results of 
                the study required by subparagraph (A).

SEC. 5. ANNUAL REPORTS ON STATE COMPLIANCE WITH TIME LIMITS WITHIN 
              WHICH STATE MUST PROVIDE CERTAIN CHILD SUPPORT 
              ASSISTANCE.

    Section 452(a)(10) of the Social Security Act (42 U.S.C. 
652(a)(10)) is amended--
            (1) in subparagraph (H), by striking ``and'';
            (2) in subparagraph (I), by striking the period and 
        inserting ``; and''; and
            (3) by inserting after subparagraph (I) the following:
                    ``(J) compliance, by State, with the standards 
                established pursuant to subsections (h) and (i).''.

SEC. 6. WAGES WITHHELD BY EMPLOYERS TO PAY CHILD SUPPORT OBLIGATIONS 
              REQUIRED TO BE PAID TO STATE WITHIN 10 DAYS; LATE PAYMENT 
              PENALTY IMPOSED ON EMPLOYERS.

    (a) In General.--Section 466(b)(6)(A) of the Social Security Act 
(42 U.S.C. 666(b)(6)(A)) is amended--
            (1) in clause (i), by inserting ``within 10 days after the 
        payment of such wages'' before ``to the appropriate agency''; 
        and
            (2) by adding at the end the following:
            ``(iii) The State must require any employer who fails to 
        make any payment required in accordance with clause (i) within 
        the 10-day period described therein to pay the State a $1,000 
        penalty. The State must expend all penalties collected in 
        accordance with this clause for the operation of the State plan 
        approved under section 454, not later than the end of the 
        calendar quarter following the calendar quarter in which 
        collected.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2) of 
        this subsection, the amendments made by subsection (a) of this 
        section shall take effect on the date of the enactment of this 
        Act and apply to wages paid on or after such date and payments 
        under part D of title IV of the Social Security Act for 
        calendar quarters beginning on or after such date.
            (2) Delay permitted if state legislation required.--In the 
        case of a State plan approved under section 454 of the Social 
        Security Act which the Secretary of Health and Human Services 
        determines requires State legislation (other than legislation 
        appropriating funds) in order for the plan to meet the 
        additional requirements imposed by the amendments made by 
        subsection (a) of this section, the State plan shall not be 
        regarded as failing to comply with the requirements of such 
        section 454 solely on the basis of the failure of the plan to 
        meet such additional requirements before the 1st day of the 1st 
        calendar quarter beginning after the close of the 1st regular 
        session of the State legislature that begins after the date of 
        the enactment of this Act. For purposes of the previous 
        sentence, in the case of a State that has a 2-year legislative 
        session, each year of such session shall be deemed to be a 
        separate regular session of the State legislature.

SEC. 7. NATIONAL PARENT LOCATOR NETWORK.

    Section 453 of the Social Security Act (42 U.S.C. 653) is amended 
by adding at the end the following:
    ``(g) The Secretary shall expand the Parent Locator Service to 
establish a national network based on the comprehensive statewide child 
support enforcement systems developed by the States, to--
            ``(1) allow each State to--
                    ``(A) locate any absent parent who owes child 
                support, for whom a child support obligation is being 
                established, or for whom an order for visitation is 
                being enforced, by--
                            ``(i) accessing the records of other State 
                        agencies and sources of locate information 
                        directly from one computer system to another; 
                        and
                            ``(ii) accessing Federal sources of locate 
                        information in the same fashion;
                    ``(B) access the files of other States to determine 
                whether there are other child support orders involving 
                the same absent parent, and obtain the details of any 
                such order;
                    ``(C) provide for both on-line and batch processing 
                of locate requests, with on-line access restricted to 
                cases in which the information is needed immediately 
                (for such reasons as court appearances) and batch 
                processing used to `troll' data bases to locate 
                individuals or update information periodically; and
                    ``(D) direct locate requests to individual States 
                or Federal agencies, broadcast requests to selected 
                States, or broadcast cases to all States when there is 
                no indication of the source of needed information;
            ``(2) provide for a maximum of 48-hour turnaround time for 
        information to be broadcast and returned to a requesting State; 
        and
            ``(3) provide ready access to courts of the information on 
        the network by location of a computer terminal in each 
        court.''.

                                 

HR 2396 IH----2

Answer: Child Support Enforcement Improvements Act of 1993 - Makes depository institutions not liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual.  Prohibits such an agency from disclosing such a record for any other purpose and provides for civil damages for unauthorized disclosures. 
Amends the Fair Credit Reporting Act to permit credit reporting agencies to grant access to certain consumer reports to a State child support enforcement agency that is seeking to establish, modify, or enforce a child support obligation against the consumer. 
Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to:  (1) require State laws to provide for the use of procedures requiring child support orders to provide for coverage of the health care costs of the child in accordance with State guidelines; (2) include under the incentive payments program any dependent medical insurance coverage which is provided due to the successful application of such procedures; (3) direct HHS' Office of Child Support Enforcement to report to the Congress annually on State compliance with specified standards establishing time limits for State response to certain child support assistance requests; (4) require States to assess a penalty against any employer who fails to make timely payment of withheld wages to pay child support obligations of an employee; and (5) direct the Office to develop a national parent locator network which would build on comprehensive statewide child support enforcement systems to allow States to carry out specified parent locator activities. 
Directs the Secretary of Health and Human Services (HHS) to study and report to specified congressional committees on how the successful efforts of States in enforcing obligations of absent parents to pay (and obtain medical insurance coverage with respect to) the health and dental expenses of their children should be rewarded through an incentive payments program.


Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reporting on Influence and 
Subversion by the Kremlin Act'' or ``RISK Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In 1986, an interagency working group issued a report 
        assessing ``active measures'' by the former Soviet Union 
        against the United States.
            (2) The working group concluded that ``there is a massive 
        and highly organized effort by the Soviet Union and its proxies 
        to influence world opinion''.
            (3) The working group further observed that ``this effort 
        includes public diplomacy to enhance the Soviet image abroad 
        and . . . also includes a persistent, widespread program of 
        disinformation and deception designed to discredit the U.S. 
        image abroad and disrupt U.S. policy objectives.''.
            (4) Active measures by the Russian Federation have shown no 
        diminution since the last report issued by the working group in 
        1987, including--
                    (A) to influence world opinion;
                    (B) to undercut democratic processes and 
                institutions in the United States and partner nations;
                    (C) to challenge the international liberal order; 
                and
                    (D) to establish an unfettered sphere of influence.
            (5) The Director of National Intelligence concluded in 
        light of the Russian Federation's hacking of the 2016 
        presidential election that ``Russian efforts to influence the 
        2016 U.S. presidential election represent the most recent 
        expression of Moscow's longstanding desire to undermine the 
        U.S.-led liberal democratic order.''.
            (6) The Russian Federation is deploying an array of 
        military, cyber, intelligence, and economic tactics to weaken 
        United States democratic institutions, divide Europe from the 
        United States, divide Europe from within, undermine 
        organizations such as the North Atlantic Treaty Organization 
        and the European Union, and coerce partners to cooperate with 
        Russia.
            (7) Militarily, Russian President Vladimir Putin ordered 
        the forcible and illegal occupation of Crimea in March 2014 and 
        the invasion of Georgia in 2008.
            (8) The Russian military, in which President Putin has 
        invested heavily, continues to engage in acts of aggression and 
        intimidation against United States allies across Europe.
            (9) The Russian Federation's subversive activities 
        undermine trust in democratic systems, giving rise to political 
        instability.

SEC. 3. ASSESSMENT OF SUBVERSIVE ACTIVITIES BY THE RUSSIAN FEDERATION.

    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit to Congress 
a report setting forth an assessment, obtained by the Secretary for 
purposes of the report, of subversive activities by the Russian 
Federation.
    (b) Independent Assessment.--
            (1) In general.--The assessment obtained for purposes of 
        subsection (a) shall be conducted by a federally funded 
        research and development center (FFRDC), or another appropriate 
        independent entity with expertise in diplomatic and military 
        developments in Europe and the Russian Federation, selected by 
        the Secretary for purposes of the assessment.
            (2) Use of previous studies.--The entity conducting the 
        assessment may use and incorporate information from previous 
        studies on matters appropriate to the assessment.
    (c) Elements.--The assessment obtained for purposes of subsection 
(a) shall include the following:
            (1) An assessment of disinformation and propaganda 
        activities of the Russian Federation, including an assessment 
        of--
                    (A) support for disinformation and propaganda 
                activities with respect to the United States and 
                foreign countries;
                    (B) the overall structure of the Russian 
                Government's disinformation and influence apparatus, 
                including its intelligence agencies and propaganda 
                outlets such as Russia Today; and
                    (C) propaganda techniques, including forgery, use 
                of media representatives and proxies, use of front 
                organizations, and efforts to influence international 
                organizations.
            (2) An assessment of support by the Russian Federation for 
        separatist activities and other aggressive actions aimed at 
        undermining the sovereignty of foreign countries, particularly 
        in Ukraine and the Baltic countries.
            (3) An assessment of cyber intrusions by the Russian 
        Federation to influence the infrastructure and democratic 
        processes in the United States and other countries.
            (4) An assessment of--
                    (A) the use of energy exports by the Russian 
                Federation for purposes of political or economic 
                coercion; and
                    (B) significant investment in energy 
                infrastructure, including pipelines, by the Government 
                of Russia or Russian-controlled entities.
            (5) An assessment of the deterioration of democratic 
        conditions in the Russian Federation, including--
                    (A) suppression of freedom of the press;
                    (B) detention, beating, and murder of political 
                activists and opposition leaders;
                    (C) suppression of minority rights;
                    (D) suppression of human rights; and
                    (E) efforts to undermine the Russian 
                nongovernmental organizations and Russian civil 
                society.
    (d) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.

SEC. 4. COUNTERING RUSSIAN INFLUENCE FUND.

    (a) Establishment.--The President is authorized to establish in the 
Department of the Treasury a fund to be known as the Countering Russian 
Influence Fund (in this section referred to as the ``Fund'').
    (b) Amounts in Fund.--The Fund shall consist of the following:
            (1) Amounts appropriated to carry out section 7070(d) of 
        division C of the Consolidated Appropriations Act, 2017 (Public 
        Law 115-31).
            (2) Amounts otherwise available to the Secretary of State 
        to carry out this section.
    (c) Purposes of Fund.--Amounts in the Fund for any fiscal year are 
authorized to be made available to the Secretary of State for bilateral 
assistance for countries in Europe, Eurasia, and Central Asia, to 
counter the following activities in such countries carried out by the 
Russian Federation:
            (1) Support for disinformation and propaganda.
            (2) Interference in foreign elections.
            (3) Efforts to undermine financial transparency and 
        governance.
    (d) Civil Society and Other Organizations.--Amounts in the Fund for 
any fiscal year may be made available to carry out the purposes of the 
Fund under subsection (c) through civil society and other organizations 
that seek to mitigate the expansion of Russian influence and 
aggression, including through public awareness campaigns and exchange 
activities.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the President not less than $100,000,000 to carry out this 
        section.
            (2) Relation to certain other amounts.--Such funds are in 
        addition to any other amounts made available for bilateral 
        assistance for countries in Europe, Eurasia, and Central Asia.
            (3) Rule of construction.--This section shall be considered 
        to be an authorization of appropriations for purposes of 
        section 7070(d) of division C of the Consolidated 
        Appropriations Act, 2017 (Public Law 115-31).
    (f) Report.--The Secretary of State shall submit to Congress a 
report for each fiscal year for which activities are undertaken 
pursuant to this section.

Answer: Reporting on Influence and Subversion by the Kremlin Act or the RISK Act This bill directs the Department of State to submit to Congress an assessment of subversive activities by the Russian Federation. The assessment shall be conducted by a federally funded research and development center or another appropriate independent entity with expertise in diplomatic and military developments in Europe and the Russian Federation.  Such entity may use and incorporate information from previous studies and shall include assessments of:  disinformation and propaganda activities of the Russian Federation; support by the Russian Federation for separatist activities and other aggressive actions aimed at undermining the sovereignty of foreign countries, particularly in Ukraine and the Baltic countries;  cyber intrusions by the Russian Federation to influence the infrastructure and democratic processes in the United States and other countries;  the use of energy exports by the Russian Federation for purposes of political or economic coercion and significant investment in energy infrastructure by the Russian government or Russian-controlled entities; and  the deterioration of democratic conditions in the Russian Federation.   The President is authorized to establish in the Department of the Treasury the Countering Russian Influence Fund to be used by the State Department for bilateral assistance to counter activities carried out in countries in Europe, Eurasia, and Central Asia by the Russian Federation to support disinformation and propaganda, interfere in foreign elections, and undermine financial transparency and governance. Amounts in the fund may be made available to carry out its purposes through civil society and other organizations that seek to mitigate the expansion of Russian influence and aggression, including through public awareness campaigns and exchange activities. 


Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy and High Performance Schools 
Act of 2001''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) American kindergarten through grade 12 schools spend 
        over $6,000,000,000 annually on energy costs, which is more 
        than is spent on books and computers combined.
            (2) Approximately 25,000,000 students are attending schools 
        with at least 1 unsatisfactory environmental condition.
            (3) Educators teach and students learn best in an 
        environment that is comfortable, healthy, naturally lit where 
        possible, and in good repair, and studies have indicated that 
        student achievement is greater and attendance higher when those 
        conditions are met.
            (4) Over half of our Nation's kindergarten through grade 12 
        schools are more than 40 years old and in need of renovation to 
        reach such standard of efficiency and comfort, and 6,000 new 
        schools will be required over the next 10 years to accommodate 
        the growing number of students.
            (5) Inadequate ventilation in school buildings, poor 
        lighting and acoustical quality, and uncomfortable temperatures 
        can cause poor health and diminish students' capacity to 
        concentrate and excel.
            (6) Inefficient use of water, either in consumption or from 
        poorly maintained systems, is prevalent in older schools.
            (7) Using a whole building approach in the design of new 
        schools and the renovation of existing schools (considering how 
        materials, systems, and products connect and overlap and also 
        how a school is integrated on its site and within the 
        surrounding community) will result in healthy and high 
        performance school buildings.
            (8) Adoption of whole building concepts has been shown to 
        result in dramatic improvements in student and teacher 
        performance.
            (9) Adopting a whole building approach usually results in a 
        lower life cycle cost for the school building than for a 
        conventionally designed and built building.
            (10) Systematic use of energy conservation in school 
        construction and renovation projects can save at least one 
        quarter of current energy costs, leaving more money for 
        teachers and educational materials.
            (11) The use of renewable energy sources such as 
        daylighting, solar, wind, geothermal, hydropower, and biomass 
        power in a building already designed to be energy-efficient can 
        help meet the building's energy needs without added emissions.
            (12) Using environmentally preferable products and 
        providing for adequate supplies of fresh air will improve 
        indoor air quality and provide healthful school buildings.
            (13) Most school districts do not have the knowledge of 
        cutting-edge design and technologies to integrate optimum 
        efficiency and environmentally healthy designs into new school 
        construction or into school renovations.
    (b) Purpose.--It is the purpose of this Act to assist local 
educational agencies in the production of high performance elementary 
school and secondary school buildings that are healthful, productive, 
energy-efficient, and environmentally sound.

SEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION.

    (a) Program.--There is established in the Department of Education 
the High Performance Schools Program (in this Act referred to as the 
``Program'').
    (b) Grants.--The Secretary, in consultation with the Secretary of 
Energy and the Administrator of the Environmental Protection Agency, 
may, through the Program, award grants to State educational agencies to 
permit such State educational agencies to carry out subsection (c).
    (c) State Use of Funds.--
            (1) Subgrants.--
                    (A) In general.--A State educational agency 
                receiving a grant under this Act shall use the grant 
                funds made available under section 4(a)(1) to award 
                subgrants to local educational agencies to permit such 
                local educational agencies to carry out the activities 
                described in subsection (d).
                    (B) Limitation.--A State educational agency shall 
                award subgrants under subparagraph (A) to local 
                educational agencies that have made a commitment to use 
                the subgrant funds to develop healthy, high performance 
                school buildings in accordance with the plan developed 
                and approved pursuant to subparagraph (C)(i).
                    (C) Implementation.--
                            (i) Plans.--A State educational agency 
                        shall award subgrants under paragraph (1) only 
                        to local educational agencies that, in 
                        consultation with the State educational agency 
                        and State offices with responsibilities 
                        relating to energy and health, have developed 
                        plans that the State educational agency 
                        determines to be feasible and appropriate in 
                        order to achieve the purposes for which such 
                        subgrants are made.
                            (ii) Supplementing grant funds.--The State 
                        educational agency shall encourage qualifying 
                        local educational agencies to supplement their 
                        subgrant funds with funds from other sources in 
                        the implementation of their plans.
            (2) Administration.--A State educational agency receiving a 
        grant under this Act shall use the grant funds made available 
        under section 4(a)(2)--
                    (A) to evaluate compliance by local educational 
                agencies with the requirements of this Act;
                    (B) to distribute information and materials to 
                clearly define and promote the development of healthy, 
                high performance school buildings for both new and 
                existing facilities;
                    (C) to organize and conduct programs for school 
                board members, school district personnel, architects, 
                engineers, and others to advance the concepts of 
                healthy, high performance school buildings;
                    (D) to obtain technical services and assistance in 
                planning and designing high performance school 
                buildings; and
                    (E) to collect and monitor information pertaining 
                to the high performance school building projects funded 
                under this Act.
            (3) Promotion.--Subject to section 4(a), a State 
        educational agency receiving a grant under this Act may use 
        grant funds for promotional and marketing activities, including 
        facilitating private and public financing, working with school 
        administrations, students, and communities, and coordinating 
        public benefit programs.
    (d) Local Use of Funds.--
            (1) In general.--A local educational agency receiving a 
        subgrant under subsection (c)(1) shall use such subgrant funds 
        for new school building projects and renovation projects that--
                    (A) achieve energy-efficiency performance that 
                reduces energy use to at least 30 percent below that of 
                a school constructed in compliance with standards 
                prescribed in Chapter 8 of the 2000 International 
                Energy Conservation Code, or a similar State code 
                intended to achieve substantially equivalent results; 
                and
                    (B) achieve environmentally healthy schools in 
                compliance with Federal and State codes intended to 
                achieve healthy and safe school environments.
            (2) Existing buildings.--A local educational agency 
        receiving a subgrant under subsection (c)(1) for renovation of 
        existing school buildings shall use such subgrant funds to 
        achieve energy efficiency performance that reduces energy use 
        below the school's baseline consumption, assuming a 3-year, 
        weather-normalized average for calculating such baseline and to 
        help bring schools into compliance with health and safety 
        standards.

SEC. 4. ALLOCATION OF FUNDS.

    (a) In General.--A State receiving a grant under this Act shall 
use--
            (1) not less than 70 percent of such grant funds to carry 
        out section 3(c)(1); and
            (2) not less than 15 percent of such grant funds to carry 
        out section 3(c)(2).
    (b) Reservation.--The Secretary may reserve an amount not to exceed 
$300,000 per year from amounts appropriated under section 6 to assist 
State educational agencies in coordinating and implementing the 
Program. Such funds may be used to develop reference materials to 
further define the principles and criteria to achieve healthy, high 
performance school buildings.

SEC. 5. REPORT TO CONGRESS.

    (a) In General.--The Secretary shall conduct a biennial review of 
State actions implementing this Act, and shall report to Congress on 
the results of such reviews.
    (b) Reviews.--In conducting such reviews, the Secretary shall 
assess the effectiveness of the calculation procedures used by State 
educational agencies in establishing eligibility of local educational 
agencies for subgrants under this Act, and may assess other aspects of 
the Program to determine whether the aspects have been effectively 
implemented.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to carry 
out this Act--
            (1) $250,000,000 for each of fiscal years 2002 through 
        2005; and
            (2) such sums as may be necessary for each of fiscal years 
        2006 through 2011.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Elementary school and secondary school.--The terms 
        ``elementary school'' and ``secondary school'' have the same 
        meanings given such terms in section 14101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 8801).
            (2) Healthy, high performance school building.--The term 
        ``healthy, high performance school building'' means a school 
        building which, in its design, construction, operation, and 
        maintenance, maximizes use of renewable energy and energy-
        efficient practices, is cost-effective on a life cycle basis, 
        uses affordable, environmentally preferable, durable materials, 
        enhances indoor environmental quality, protects and conserves 
        water, and optimizes site potential.
            (3) Local educational agency.--The term ``local educational 
        agency'' has the same meaning given such term in section 14101 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 8801).
            (4) Renewable energy.--The term ``renewable energy'' means 
        energy produced by solar, wind, geothermal, hydroelectric, or 
        biomass power.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (6) State educational agency.--The term ``State educational 
        agency'' has the same meaning given such term in section 14101 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 8801).

Answer:
Healthy and High Performance Schools Act of 2001 - Establishes in the Department of Education a High Performance Schools Program.Authorizes the Secretary of Education to award grants to States to provide subgrants to local educational agencies for renovation projects to make existing elementary school and secondary school buildings energy-efficient and environmentally healthy.