In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[EX Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Rural Emergency Acute Care Hospital
Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) According to the University of North Carolina's Center
for Health Services Research, 55 rural hospitals have closed in
the Unites States since January 2010.
(2) In 2014, iVantage conducted a study for the National
Rural Health Association and found 283 hospitals at risk of
closure based upon performance indicators that matched those
facilities already forced to close in this decade.
(3) Researchers at the University of North Carolina
identified inpatient volume as a substantial contributing
factor to the financial performance of rural hospitals, with
many of the at-risk hospitals having an average daily bed
census of less than 2.
(4) Adverse impacts to the local economy and the loss of
timely access to emergency medical care are 2 major effects of
rural hospital closures.
(5) According to the National Center for Rural Health
Works, the typical rural hospital creates over 140 jobs and
generates $6,800,000 in compensation while serving an average
population of 14,600.
(6) The 2014 iVantage study estimates that the 283 at-risk
hospitals could result in the loss of 36,000 health care jobs,
50,000 community jobs, and $10,600,000,000 in gross domestic
product.
(7) Time is the most critical factor for achieving
successful outcomes in emergency medicine, and emergency
medical clinicians refer to the time-sensitive period during
which successful outcomes may be best achieved as the ''golden
hour''.
(8) The National Conference of State Legislatures states
that 60 percent of trauma deaths in the United States occur in
rural areas, where only 15 percent of the population is
represented.
(9) The disproportionate percentage of trauma deaths in
rural areas is likely attributable in large part to a
combination of response time to the scene and distance to the
nearest emergency room to stabilize trauma victims.
(10) The percentage of trauma deaths occurring in rural
areas could continue to increase as more rural hospitals close,
further limiting access to emergency services and requiring
patients to travel longer distances to receive emergency
medical care.
(11) The creation of a rural emergency hospital designation
under the Medicare program will allow facilities in rural areas
to provide emergency medical services without having to
maintain inpatient beds.
(12) In addition to providing emergency care, rural
emergency hospitals could convert the space previously used for
inpatient services to provide other medical services including,
but not limited to, observation care, skilled nursing facility
care, infusion services, hemodialysis, home health, hospice,
nursing home care, population health, and telemedicine
services.

SEC. 3. RURAL EMERGENCY HOSPITAL PROGRAM.

(a) In General.--
(1) Rural emergency hospital and services defined.--Section
1861 of the Social Security Act (42 U.S.C. 1395x) is amended--
(A) in subsection (e), in the last sentence of the
matter following paragraph (9), by inserting ''or a
rural emergency hospital (as defined in section
1861(iii)(1))'' before the period at the end; and
(B) by adding at the end the following subsection:

''Rural Emergency Hospital; Rural Emergency Hospital Outpatient
Services

''(iii)(1) The term 'rural emergency hospital' means a facility
that--
''(A)(i) as of December 31, 2014--
''(I) was a critical access hospital; or
''(II) was a hospital with not more than 50
beds located in a county (or equivalent unit of
local government) in a rural area (as defined
in section 1886(d)(2)(D)), or was a hospital
with not more than 50 beds that was treated as
being located in a rural area pursuant to
section 1886(d)(8)(E); or
''(ii) was a critical access hospital described in
clause (i)(I) or a hospital described in clause (i)(II)
that ceased operations during the period beginning on
the date that is 5 years prior to the date of the
enactment of this subsection and ending on December 30,
2014;
''(B) provides 24-hour emergency medical care and
observation care that does not exceed an annual per patient
average of 24 hours or more than 1 midnight;
''(C) does not provide any acute care inpatient beds and
has protocols in place for the timely transfer of patients who
require acute care inpatient services or other inpatient
services;
''(D) has elected to be designated as a rural emergency
hospital;
''(E) has received approval to operate as a rural emergency
hospital from the State under section 1834(r)(3)(A); and
''(F) is certified by the Secretary under section
1834(r)(3)(B).
''(2) The term 'rural emergency hospital outpatient services' means
medical and other health services furnished by a rural emergency
hospital on an outpatient basis.
''(3) Nothing in this subsection or section 1834(r)(3) shall be
construed to prohibit a rural emergency hospital from providing
extended care services.''.
(2) Payment for rural emergency hospital services.--
(A) In general.--Section 1833(a) of the Social
Security Act (42 U.S.C. 1395l(a)) is amended--
(i) in paragraph (8), by striking ''and''
at the end;
(ii) in paragraph (9), by striking the
period at the end and inserting ''; and''; and
(iii) by inserting after paragraph (9) the
following new paragraph:
''(10) in the case of rural emergency hospital emergency
services and services provided by a rural emergency hospital or
other provider of ambulance services to transport patients who
require acute care inpatient services or other inpatient
services from such rural emergency hospital to a hospital or
critical access hospital, the amounts described in section
1834(r).''.
(B) Payment amount.--Section 1834 of the Social
Security Act (42 U.S.C. 1395m) is amended by adding at
the end the following subsection:
''(r) Payment Rules Relating to Rural Emergency Hospitals.--
''(1) Payment for rural emergency hospital outpatient
services.--
''(A) In general.--The amount of payment for rural
emergency hospital outpatient services of a rural
emergency hospital is equal to 110 percent of the
reasonable costs of providing such services.
''(B) Telehealth services.--For purposes of this
paragraph, in determining the reasonable costs of
providing rural emergency hospital outpatient services,
costs associated with having a backup physician
available via a telecommunications system shall be
considered reasonable costs.
''(2) Payment for transportation services.--The amount of
payment for services provided by a rural emergency hospital or
other provider of ambulance services to transport patients who
require acute care inpatient services or other inpatient
services from such rural emergency hospital to a hospital or
critical access hospital is equal to 110 percent of the
reasonable costs of providing such services.
''(3) Requirements for rural emergency hospitals.--
''(A) State approval to operate as a rural
emergency hospital.--No payment shall be made under
this subsection to a facility, or to a provider of
ambulance services providing transportation services
from such facility, unless the State in which the
facility is located has approved the facility's
designation as a rural emergency hospital.
''(B) Certification of rural emergency hospital.--
''(i) In general.--No payment shall be made
under this subsection to a facility, or to a
provider of ambulance services providing
transportation services from such facility,
unless the facility has been certified by the
Secretary as a rural emergency hospital.
''(ii) Certification requirements.--The
Secretary shall certify a facility as a rural
emergency hospital if the facility--
''(I) meets the criteria for rural
emergency hospitals described in
subparagraphs (A) through (E) of
section 1861(iii)(1);
''(II) either--
''(aa) is verified by the
American College of Surgeons as
having the resources required
of a level IV trauma center or
higher; or
''(bb) employs healthcare
professionals that successfully
completed the Advanced Trauma
Life Support Course offered by
the American College of
Surgeons within the preceding 4
years;
''(III) has in effect a transfer
agreement with a level I or level II
trauma center; and
''(IV) meets such staff training
and certification requirements as the
Secretary may require.
''(4) Coinsurance.--
''(A) In general.--The amount of payment for rural
emergency hospital services or transportation services
made to a rural emergency hospital or other provider of
ambulance services under this subsection shall be
reduced by the coinsurance amount described in
subparagraph (B).
''(B) Coinsurance amount.--The coinsurance amount
described in this subparagraph, with respect to an item
or service provided by a rural emergency hospital or
provider of ambulance services, shall be calculated in
the same manner as the coinsurance amount for an
outpatient critical access hospital service is
calculated under section 1866(a)(2).''.
(b) Waiver of Distance Requirement for Replacement CAHs; Subsequent
Redesignation of Rural Emergency Hospitals as CAHs.--Section 1820(c)(2)
of the Social Security Act (42 U.S.C. 1395i-4(c)(2)) is amended--
(1) in subparagraph (B)(i)(I), by inserting ''subject to
subparagraph (F),'' before ''is located''; and
(2) by adding at the end the following new subparagraphs:
''(F) Option to waive distance requirement.--
Beginning on the date of the enactment of this
subparagraph, for every critical access hospital
located in a State that is certified as a rural
emergency hospital under section 1834(r)(3)(B), the
State shall have the option of waiving the distance
requirement described in subparagraph (B)(i)(I) with
respect to another facility located in the State that
is seeking designation as a critical access hospital
under this paragraph.
''(G) Redesignation of a rural emergency hospital
as a critical access hospital.--A rural emergency
hospital that was previously designated as a critical
access hospital under this paragraph may elect to be
redesignated as a critical access hospital (in the same
manner that the hospital was originally designated as a
critical access hospital) at any time, subject to such
conditions as the Secretary may establish.''.
(c) Studies and Reports.--
(1) Studies.--The Secretary of Health & Human Services
shall conduct 3 studies to evaluate the impact of rural
emergency hospitals on the availability of health care and
health outcomes in rural areas (as defined in section
1886(d)(2)(D) of the Social Security Act (42 U.S.C. 1395ww)).
The Secretary shall conduct a study--
(A) 2 years after the date of the enactment of this
Act;
(B) 5 years after the date of the enactment of this
Act; and
(C) 10 years after the date of the enactment of
this Act.
(2) Reports.--Not later than 6 months after each date that
the Secretary of Health & Human Services is required to conduct
a study under paragraph (1), the Secretary shall submit a
report to Congress containing the results of each such study.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after the date that is 1
year after the date of the enactment of this Act.

SEC. 4. INCLUSION OF EMERGENCY MEDICINE AS HEALTH SERVICES UNDER THE
NATIONAL HEALTH SERVICE CORPS.

Section 331(a)(3)(D) of the Public Health Service Act (42 U.S.C.
254d(a)(3)(D)) is amended by inserting '', and includes emergency
medicine provided by physicians in a rural emergency hospital (as
defined in section 1861(iii) of the Social Security Act)'' before the
period.

SEC. 5. PERMITTING HOSPITALS WITH APPROVED RESIDENCY PROGRAMS IN
EMERGENCY MEDICINE TO INCLUDE TIME SPENT BY INTERNS AND
RESIDENTS IN THE EMERGENCY DEPARTMENT OF A RURAL HOSPITAL
IN FULL-TIME EQUIVALENT COUNT.

(a) Indirect Medical Education.--Section 1886(d)(5)(B)(iv) of the
Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(iv)) is amended by
adding at the end the following new subclause:
''(III) Effective for discharges occurring on or after
October 1, 2015, all of the time spent in patient care
activities in the emergency department of a rural hospital by
interns and residents in emergency medicine from a hospital
with an approved medical residency training program (as defined
in subsection (h)(5)(A)) in such specialty shall be included in
determining the number of full-time equivalent interns and
residents in such program if the hospital with such program
incurs the costs of the stipends and fringe benefits of the
interns or residents during the time the interns or residents
spend in that rural hospital in accordance with subclause (II).
In this subclause, the term 'rural hospital' means a hospital
that is located in a rural area (as defined for purposes of
paragraph (2)(D)).''.
(b) Direct Medical Education.--Section 1886(h)(4)(E) of the Social
Security Act (42 U.S.C. 1395(h)(4)) is amended--
(1) in clause (ii), by striking the period at the end and
inserting ''; and'';
(2) by inserting after clause (ii) the following new
clause:
''(iii) effective for cost reporting
periods beginning on or after July 1, 2015, all
of the time so spent in the emergency
department of a rural hospital by residents in
emergency medicine from a hospital with an
approved medical residency training program in
such specialty shall be counted towards the
determination of full-time equivalency in such
program if the hospital with such program bears
all, or substantially all, of the costs of
training such residents in the rural hospital.
In this subparagraph, the term 'rural hospital'
means a hospital that is located in a rural
area (as defined for purposes of subsection
(d)(2)(D)).''; and
(3) by adding at the end the following new sentence: ''For
purposes of this subparagraph, the emergency department of a
rural hospital described in clause (iii) is a nonprovider
setting.''.
[EX A]: Rural Emergency Acute Care Hospital Act This bill amends title XVIII (Medicare) of the Social Security Act to designate as a rural emergency hospital any facility that as of December 31, 2014, was: a critical access hospital (CAH) or a hospital with at most 50 beds located in a county in a rural area or treated as located in a rural area, or one of such hospitals that ceased operations during the period beginning five years before enactment of this Act and ending on December 30, 2014. A rural emergency hospital: must provide 24-hour emergency medical care and observation care not exceeding an annual per patient average of 24 hours or more than 1 midnight, does not provide any acute care inpatient beds and has protocols in place for the timely transfer of patients who require acute care inpatient services or other inpatient services, has elected to be designated as a rural emergency hospital, has received approval to operate as one from the state, and is certified by the Department of Health and Human Services (HHS). Medicare part B (Supplementary Medical Insurance Benefits) shall cover rural emergency hospital emergency services as well as ambulance services provided by a rural emergency hospital or other provider to transport patients who require acute care inpatient services or other inpatient services from the rural emergency hospital to a hospital or a CAH. Payment for rural emergency hospital outpatient services of a rural emergency hospital, including telehealth and ambulance services, shall be 110% percent of their reasonable costs. Rural emergency hospitals must be approved by the state and certified by HHS. States shall have the option of waiving a specified distance requirement between a CAH certified as a rural emergency hospital and another facility located in the state that is seeking designation as a CAH. Primary health services which the National Health Service Corps may provide under the Public Health Service Act shall include emergency medicine provided by physicians in a rural emergency hospital. Hospitals with approved residency programs in emergency medicine shall include time spent by interns and residents in the emergency department of a rural hospital in the full-time equivalent count with respect to reimbursement for the indirect (stipend, fringe benefit) and direct (all or substantially all training) costs of medical education in subsection (d) hospitals. (Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.)

[EX Q]: 67, and approved by
Congress, allow for such further authorizations.

TITLE II--GENERAL PROVISIONS

SEC. 201. ANNUAL REPORT.

Section 3(f) of the National Science Foundation Act of 1950 (42
U.S.C. 1862(f)) is amended to read as follows:
''(f) The Foundation shall provide an annual report to the
President which shall be submitted by the Director to the Congress at
the time of the President's annual budget submission. The report
shall--
''(1) contain a strategic plan, or an update to a previous
strategic plan, which--
''(A) defines for a three-year period the overall
goals for the Foundation and specific goals for each
major activity of the Foundation, including each
scientific directorate, the education directorate, and
the polar programs office; and
''(B) describe how the identified goals relate to
national needs and will exploit new opportunities in
science and technology;
''(2) identify the criteria and describe the procedures
which the Foundation will use to assess progress toward
achieving the goals identified in accordance with paragraph
(1);
''(3) review the activities of the Foundation during the
preceding year which have contributed toward achievement of
goals identified in accordance with paragraph (1) and summarize
planned activities for the coming three years in the context of
the identified goals, with particular emphasis on the
Foundation's planned contributions to major multi-agency
research and education initiatives;
''(4) contain such recommendations as the Foundation
considers appropriate; and
''(5) include information on the acquisition and
disposition by the Foundation of any patents and patent
rights.''.

SEC. 202. NATIONAL RESEARCH FACILITIES.

(a) Facilities Plan.--The Director shall provide to Congress
annually, as a part of the report required under section 3(f) of the
National Science Foundation Act of 1950, a plan for the proposed
construction of, and repair and upgrades to, national research
facilities. The plan shall include estimates of the cost for such
construction, repairs, and upgrades, and estimates of the cost for the
operation and maintenance of existing and proposed new facilities. For
proposed new construction and for major upgrades to existing
facilities, the plan shall include funding profiles by fiscal year and
milestones for major phases of the construction. The plan shall include
cost estimates in the categories of construction, repair, and upgrades
for the year in which the plan is submitted to Congress and for not
fewer than the succeeding 4 years.
(b) Limitation on Obligation of Unauthorized Appropriations.--No
funds appropriated for any project which involves construction of new
national research facilities or construction necessary for upgrading
the capabilities of existing national research facilities shall be
obligated unless the funds are specifically authorized for such purpose
by this Act or any other Act which is not an appropriations Act, or
unless the total estimated cost to the Foundation of the construction
project is less than $50,000,000. This subsection shall not apply to
construction projects approved by the National Science Board prior to
June 30, 1994.

SEC. 203. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.

Section 203(b) of the Academic Research Facilities Modernization
Act of 1988 is amended by striking the final sentence of paragraph (3)
and inserting in lieu thereof the following: ''The Director shall give
priority to institutions or consortia that have not received such funds
in the preceding 5 years, except that this sentence shall not apply to
previous funding received for the same multiyear project.''.

SEC. 204. ADMINISTRATIVE AMENDMENTS.

(a) National Science Foundation Act of 1950 Amendments.--The
National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is
amended--
(1) by redesignating the subsection (k) of section 4 (42
U.S.C. 1863(k)) that was added by section 108 of the National
Science Foundation Authorization Act of 1988 as subsection (l);
(2) in section 5(e) (42 U.S.C. 1864(e)) by amending
paragraph (2) to read as follows:
''(2) Any delegation of authority or imposition of conditions under
paragraph (1) shall be promptly published in the Federal Register and
reported to the Committees on Labor and Human Resources and Commerce,
Science, and Transportation of the Senate and the Committee on Science
of the House of Representatives.'';
(3) by inserting ''be entitled to'' between ''shall'' and
''receive'', and by inserting '', including traveltime,'' after
''Foundation'' in section 14(c) (42 U.S.C. 1873(c));
(4) by striking section 14(j) (42 U.S.C. 1873(j)); and
(5) by striking ''Atomic Energy Commission'' in section
15(a) (42 U.S.C. 1874(a)) and inserting in lieu thereof
''Secretary of Energy''.
(b) National Science Foundation Authorization Act, 1976
Amendments.--Section 6(a) of the National Science Foundation
Authorization Act, 1976 (42 U.S.C. 1881a(a)) is amended by striking
''social,'' the first place it appears.
(c) National Science Foundation Authorization Act of 1988
Amendments.--(1) Section 117(a)(1)(B)(v) of the National Science
Foundation Authorization Act of 1988 (42 U.S.C. 1881b(1)(B)(v)) is
amended to read as follows:
''(v) from schools established outside the several States
and the District of Columbia by any agency of the Federal
Government for dependents of its employees.''.
(2) Section 117(a)(3)(A) of such Act (42 U.S.C. 1881b(3)(A)) is
amended by striking ''Science and Engineering Education'' and inserting
in lieu thereof ''Education and Human Resources''.
(d) Education for Economic Security Act Amendments.--Section 107 of
Education for Economic Security Act (20 U.S.C. 3917) is repealed.
(e) Technical Amendment.--The second subsection (g) of section 3 of
the National Science Foundation Act of 1950 is repealed.

SEC. 205. INDIRECT COSTS.

(a) Matching Funds.--Matching funds required pursuant to section
204(a)(2)(C) of the Academic Research Facilities Modernization Act of
1988 (42 U.S.C. 1862c(a)(2)(C)) shall not be considered facilities
costs for purposes of determining indirect cost rates.
(b) Report.--The Director of the Office of Science and Technology
Policy, in consultation with other relevant agencies, shall prepare a
report analyzing what steps would be needed to--
(1) reduce by 10 percent the proportion of Federal
assistance to institutions of higher education that are
allocated for indirect costs; and
(2) reduce the variance among indirect cost rates of
different institutions of higher education,
including an evaluation of the relative benefits and burdens of each
option on institutions of higher education. Such report shall be
transmitted to the Congress no later than December 31, 1995.
SEC. 206. RESEARCH INSTRUMENTATION AND FACILITIES.

The Foundation shall incorporate the guidelines set forth in
Important Notice No. 91, dated March 11, 1983 (48 Fed. Reg. 15754,
April 12, 1983), relating to the use and operation of Foundation-
supported research instrumentation and facilities, in its notice of
Grant General Conditions, and shall examine more closely the adherence
of grantee organizations to such guidelines.

SEC. 207. FINANCIAL DISCLOSURE.

Persons temporarily employed by or at the Foundation shall be
subject to the same financial disclosure requirements and related
sanctions under the Ethics in Government Act of 1978 as are permanent
employees of the Foundation in equivalent positions.

SEC. 208. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE DUTY.

In order to be eligible to receive funds from the Foundation after
September 30, 1995, an institution of higher education must provide
that whenever any student of the institution who is a member of the
National Guard, or other reserve component of the Armed Forces of the
United States, is called or ordered to active duty, other than active
duty for training, the institution shall grant the member a military
leave of absence from their education. Persons on military leave of
absence from their institution shall be entitled, upon release from
military duty, to be restored to the educational status they had
attained prior to their being ordered to military duty without loss of
academic credits earned, scholarships or grants awarded, or tuition and
other fees paid prior to the commencement of the military duty. It
shall be the duty of the institution to refund tuition or fees paid or
to credit the tuition and fees to the next semester or term after the
termination of the educational military leave of absence at the option
of the student.
SEC. 209. PROHIBITION OF LOBBYING ACTIVITIES.

None of the funds authorized by this Act shall be available for any
activity whose purpose is to influence legislation pending before the
Congress, provided that this shall not prevent officers or employees of
the United States or of its departments or agencies from communicating
to Members of Congress on the request of any Member or to Congress,
through the proper channels, requests for legislation or appropriations
which they deem necessary for the efficient conduct of the public
business.
SEC. 210. SCIENCE STUDIES INSTITUTE.

(a) Amendment.--Section 822 of the National Defense Authorization
Act for Fiscal 1991 (42 U.S.C. 6686) is amended--
(1) by striking ''Critical Technologies Institute'' in the
section heading and in subsection (a), and inserting in lieu
thereof ''Science Studies Institute'';
(2) in subsection (b) by striking ''As determined by the
chairman of the committee referred to in subsection (c), the''
and inserting in lieu thereof ''The'';
(3) by striking subsection (c), and redesignating
subsections (d), (e), (f), and (g) as subsections (c), (d),
(e), and (f), respectively;
(4) in subsection (c), as so redesignated by paragraph (3)
of this subsection--
(A) by inserting ''science and'' after
''developments and trends in'' in paragraph (1);
(B) by striking ''with particular emphasis'' in
paragraph (1) and all that follows through the end of
such paragraph and inserting in lieu thereof ''and
developing and maintaining relevant informational and
analytical tools.'';
(C) by striking ''to determine'' and all that
follows through ''technology policies'' in paragraph
(2) and inserting in lieu thereof ''with particular
attention to the scope and content of the Federal
science and technology research and develop portfolio
as it affects interagency and national issues'';
(D) by amending paragraph (3) to read as follows:
''(3) Initiation of studies and analysis of alternatives
available for ensuring the long-term strength of the United
States in the development and application of science and
technology, including appropriate roles for the Federal
Government, State governments, private industry, and
institutions of higher education in the development and
application of science and technology.'';
(E) by inserting ''science and'' after ''Executive
branch on'' in paragraph (4)(A); and
(F) by amending paragraph (4)(B) to read as
follows:
''(B) to the interagency committees and panels of
the Federal Government concerned with science and
technology.'';
(5) in subsection (d), as so redesignated by paragraph (3)
of this subsection, by striking ''subsection (d)'' and
inserting in lieu thereof ''subsection (c)''; and
(6) by amending subsection (f), as so redesignated by
paragraph (3) of this subsection, to read as follows:
''(f) Sponsorship.--The Director of the Office of Science and
Technology Policy shall be the sponsor of the Institute.''.
(b) Conforming Usage.--All references in Federal law or regulations
to the Critical Technologies Institute shall be considered to be
references to the Science Studies Institute.
SEC. 211. EDUCATIONAL IMPACT.

(a) Findings.--The Congress finds that--
(1) Federal research funds made available to institutions
of higher education often create incentives for such
institutions to emphasize research over undergraduate teaching
and to narrow the focus of their graduate programs; and
(2) National Science Foundation funds for Research and
Related Activities should be spent in the manner most likely to
improve the quality of undergraduate and graduate education in
institutions of higher education.
(b) Educational Impact.--(1) The impact that a grant or cooperative
agreement by the National Science Foundation would have on
undergraduate and graduate education at an institution of higher
education shall be a factor in any decision whether to award such grant
or agreement to that institution.
(2) Paragraph (1) shall be effective with respect to any grant or
cooperative agreement awarded after September 30, 1996.
(c) Report.--The Director shall provide a plan for the
implementation of subsection (b) of this section, no later than
December 31, 1995, to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Labor and Human Resources of the
Senate.
SEC. 212. DIVISIONS OF THE FOUNDATION.

(a) Amendment.--Section 8 of the National Science Foundation Act of
1950 (42 U.S.C. 1866) is amended by inserting ''The Director may
appoint, in consultation with the Board, not more than 6 Assistant
Directors to assist in managing the Divisions.'' after ''time to time
determine.''.
(b) Report.--By November 15, 1995, the Director shall transmit to
the Congress a report on the reorganization of the National Science
Foundation required as a result of the amendment made by subsection
(a).
SEC. 213. LIMITATION ON APPROPRIATIONS.

(a) Exclusive Authorization for Fiscal Year 1996.--Notwithstanding
any other provision of law, no sums are authorized to be appropriated
for fiscal year 1996 for the activities of the National Science
Foundation unless such sums are specifically authorized to be
appropriated by this Act.
(b) Subsequent Fiscal Years.--No sums are authorized to be
appropriated for any fiscal year after fiscal year 1996 for the
activities of the National Science Foundation unless such sums are
specifically authorized to be appropriated by Act of Congress with
respect to such fiscal year.

SEC. 214. ELIGIBILITY FOR AWARDS.

(a) In General.--The Director shall exclude from consideration for
awards of financial assistance made by the National Science Foundation
after fiscal year 1995 any person who received funds, other than those
described in subsection (b), appropriated for a fiscal year after
fiscal year 1995, from any Federal funding source for a project that
was not subjected to a competitive, merit-based award process. Any
exclusion from consideration pursuant to this section shall be
effective for a period of 5 years after the person receives such
Federal funds.
(b) Exception.--Subsection (a) shall not apply to awards to persons
who are members of a class specified by law for which assistance is
awarded to members of the class according to a formula provided by law.
HR 1852 RH----2
[EX A]: TABLE OF CONTENTS:
Title I: National Science Foundation Authorization
Title II: General Provisions
National Science Foundation Authorization Act of 1995 -
Title I: National Science Foundation Authorization
- Authorizes appropriations to the National Science Foundation (NSF) for FY 1996 and 1997.
(Sec. 104) Provides for reprogramming of appropriations.
(Sec. 105) States that nothing in this Act shall preclude additional FY 1996 authorization of appropriations for NSF.
Title II: General Provisions
- Amends the National Science Foundation Act of 1950 to direct NSF to include in its annual report to the President a strategic plan defining its goals, criteria, and procedures.
(Sec. 202) Requires NSF to submit to the Congress an annual upgrade and maintenance plan for national research facilities.
(Sec. 203) Amends the Academic Research Facilities Modernization Act of 1988 to give research facility grant priority to institutions or consortia that have not received such funds in the preceding five years.
(Sec. 204) Makes administrative amendments to the National Science Foundation Act of 1950, the National Science Foundation Authorization Act, 1976, the National Science Foundation Authorization Act of 1988, and the Education for Economic Security Act.
(Sec. 206) Requires certain research instrumentation and facilities guidelines to be incorporated in NSF grant notices.
(Sec. 207) Subjects NSF temporary employees to the same financial disclosure requirements as apply to permanent employees.
(Sec. 208) Requires an institution of higher education receiving NSF funds to grant a military-educational leave of absence to a student on active military duty (other than training).
(Sec. 209) Prohibits the use of any funds authorized under this Act from being used for any lobbying activity.
(Sec. 210) Renames the Critical Technologies Institute as the Science Studies Institute.
(Sec. 211) Requires NSF to consider the impact of a grant on undergraduate and graduate education before its award.
(Sec. 212) Authorizes the Director of NSF to appoint up to six Assistant Directors.
(Sec. 214) Excludes from NSF awards for five years any person who received project funds not subject to competitive merit-based awards. (Exempts persons who are members of a law-specified class.)

[EX Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Voluntary Environmental Audit
Protection Act''.

SEC. 2. VOLUNTARY SELF-EVALUATION PROTECTION.

(a) In General.--Part VI of title 28, United States Code, is
amended by adding at the end the following new chapter:

''CHAPTER 179--VOLUNTARY SELF-EVALUATION PROTECTION

''Sec.
''3801. Admissibility of environmental audit reports.
''3802. Testimony.
''3803. Disclosure to a Federal agency.
''3804. Definitions.
''Sec. 3801. Admissibility of environmental audit reports
''(a) General Rule.--
''(1) In general.--Except as provided in paragraphs (2) and
(3), an environmental audit report prepared in good faith by a
person or government entity related to, and essentially
constituting a part of, an environmental audit shall not be
subject to discovery and shall not be admitted into evidence in
any civil or criminal action or administrative proceeding
before a Federal court or agency or under Federal law.
''(2) Exclusions.--Paragraph (1) shall not apply to--
''(A) any document, communication, data, report, or
other information required to be collected, developed,
maintained, or reported to a regulatory agency pursuant
to a covered Federal law;
''(B) information obtained by observation,
sampling, or monitoring by any regulatory agency; or
''(C) information obtained from a source
independent of the environmental audit.
''(3) Inapplicability.--Paragraph (1) shall not apply to an
environmental audit report, if--
''(A) the owner or operator of the facility that
initiated the environmental audit expressly waives the
right of the person or government entity to exclude
from the evidence or proceeding material subject to
this section;
''(B) after an in camera hearing, the appropriate
Federal court determines that--
''(i) the environmental audit report
provides evidence of noncompliance with a
covered Federal law; and
''(ii) appropriate efforts to achieve
compliance were not promptly initiated and
pursued with reasonable diligence; or
''(C) the person or government entity is asserting
the applicability of the exclusion under this
subsection for a fraudulent purpose.
''(b) Determination of Applicability.--The appropriate Federal
court shall conduct an in camera review of the report or portion of the
report to determine the applicability of subsection (a) to an
environmental audit report or portion of a report.
''(c) Burdens of Proof.--
''(1) In general.--Except as provided in paragraph (2), a
party invoking the protection of subsection (a)(1) shall have
the burden of proving the applicability of such subsection
including, if there is evidence of noncompliance with an
applicable environmental law, the burden of proving a prima
facie case that appropriate efforts to achieve compliance were
promptly initiated and pursued with reasonable diligence.
''(2) Waiver and fraud.--A party seeking discovery under
subparagraph (A) or (C) of subsection (b)(3) shall have the
burden of proving the existence of a waiver, or that subsection
(a)(1) has been invoked for a fraudulent purpose.
''(d) Effect on Other Rules.--Nothing in this Act shall limit,
waive, or abrogate the scope or nature of any statutory or common law
rule regarding discovery or admissibility of evidence, including the
attorney-client privilege and the work product doctrine.
''Sec. 3802. Testimony
''Notwithstanding any other provision of law, a person or
government entity, including any officer or employee of the person or
government entity, that performs an environmental audit may not be
required to give testimony in a Federal court or an administrative
proceeding of a Federal agency without the consent of the person or
government entity concerning the environmental audit, including the
environmental audit report with respect to which section 3801(a)
applies.
''Sec. 3803. Disclosure to a Federal agency
''(a) In General.--The disclosure of information relating to a
covered Federal law to the appropriate official of a Federal agency or
State agency responsible for administering a covered Federal law shall
be considered to be a voluntary disclosure subject to the protections
provided under section 3801, section 3802, and this section if--
''(1) the disclosure of the information arises out of an
environmental audit;
''(2) the disclosure is made promptly after the person or
government entity that initiates the audit receives knowledge
of the information referred to in paragraph (1);
''(3) the person or government entity that initiates the
audit initiates an action to address the issues identified in
the disclosure--
''(A) within a reasonable period of time after
receiving knowledge of the information; and
''(B) within a period of time that is adequate to
achieve compliance with the requirements of the covered
Federal law that is the subject of the action
(including submitting an application for an applicable
permit); and
''(4) the person or government entity that makes the
disclosure provides any further relevant information requested,
as a result of the disclosure, by the appropriate official of
the Federal agency responsible for administering the covered
Federal law.
''(b) Involuntary Disclosures.--For the purposes of this chapter, a
disclosure of information to an appropriate official of a Federal
agency shall not be considered to be a voluntary disclosure described
in subsection (a) if the person or government entity making the
disclosure has been found by a Federal or State court to have committed
repeated violations of Federal or State laws, or orders on consent,
related to environmental quality, due to separate and distinct events
giving rise to the violations, during the 3-year period prior to the
date of the disclosure.
''(c) Presumption of Applicability.--If a person or government
entity makes a disclosure, other than a disclosure referred to in
subsection (b), of a violation of a covered Federal law to an
appropriate official of a Federal agency responsible for administering
the covered Federal law--
''(1) there shall be a presumption that the disclosure is a
voluntary disclosure described in subsection (a), if the person
or government entity provides information supporting a claim
that the information is such a voluntary disclosure at the time
the person or government entity makes the disclosure; and
''(2) unless the presumption is rebutted, the person or
government entity shall be immune from any administrative,
civil, or criminal penalty for the violation.
''(d) Rebuttal of Presumption.--
''(1) In general.--The head of a Federal agency described
in subsection (c) shall have the burden of rebutting a
presumption established under such subsection. If the head of
the Federal agency fails to rebut the presumption--
''(A) the head of the Federal agency may not assess
an administrative penalty against a person or
government entity described in subsection (c) with
respect to the violation of the person or government
entity and may not issue a cease and desist order for
the violation; and
''(B) a Federal court may not assess a civil or
criminal fine against the person or government entity
for the violation.
''(2) Final agency action.--A decision made by the head of
the Federal agency under this subsection shall constitute a
final agency action.
''(e) Statutory Construction.--Except as expressly provided in this
section, nothing in this section is intended to affect the authority of
a Federal agency responsible for administering a covered Federal law to
carry out any requirement of the law associated with information
disclosed in a voluntary disclosure described in subsection (a).
''Sec. 3804. Definitions
''As used in this chapter:
''(1) Covered federal law.--The term 'covered Federal
law'--
''(A) means--
''(i) the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136 et seq.);
''(ii) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.);
''(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
''(iv) the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.);
''(v) title XIV of the Public Health
Service Act (commonly known as the 'Safe
Drinking Water Act') (42 U.S.C. 300f et seq.);
''(vi) the Noise Control Act of 1972 (42
U.S.C. 4901 et seq.);
''(vii) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
''(viii) the Clean Air Act (42 U.S.C. 7401
et seq.);
''(ix) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.);
''(x) the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11001 et
seq.); and
''(xi) the Pollution Prevention Act of 1990
(42 U.S.C. 13101 et seq.);
''(B) includes any regulation issued under a law
listed in subparagraph (A); and
''(C) includes the terms and conditions of any
permit issued under a law listed in subparagraph (A).
''(2) Environmental audit.--The term 'environmental audit'
means a voluntary and internal assessment, evaluation,
investigation or review of a facility that is--
''(A) initiated by a person or government entity;
''(B) carried out by the employees of the person or
government entity, or a consultant employed by the
person or government entity, for the express purpose of
carrying out the assessment, evaluation, investigation,
or review; and
''(C) carried out to determine whether the person
or government entity is in compliance with a covered
Federal law.
''(3) Environmental audit report.--The term 'environmental
audit report' means any reports, findings, opinions, field
notes, records of observations, suggestions, conclusions,
drafts, memoranda, drawings, computer generated or
electronically recorded information, maps, charts, graphs,
surveys, or other communications associated with an
environmental audit.
''(4) Federal agency.--The term 'Federal agency' has the
meaning provided the term 'agency' under section 551 of title
5.
''(5) Government entity.--The term 'government entity'
means a unit of State or local government.''.
(b) Technical Amendment.--The analysis for part VI of title 28,
United States Code, is amended by adding at the end the following:

''179. Voluntary Self-Evaluation Protection................. 3801''.

SEC. 3. APPLICABILITY.

This Act and the amendment made by this Act shall apply to each
Federal civil or criminal action or administrative proceeding that is
commenced after the date of enactment of this Act.
[EX A]:
Voluntary Environmental Audit Protection Act - Provides that an environmental audit report constituting part of an environmental audit shall not be subject to discovery and admitted into evidence in civil or criminal actions or administrative proceedings before a Federal court or agency or under Federal law.
Makes such exclusion inapplicable to information: (1) required to be collected or reported to a regulatory agency pursuant to specified Federal environmental laws (covered laws); (2) obtained by observation, sampling, or monitoring by a regulatory agency; or (3) obtained from a source independent of the audit.
Makes such exclusion inapplicable if: (1) the owner or operator of the facility that initiated the audit expressly waives the right of the person or government entity that prepared the report to exclude such material from the evidence or proceeding; (2) after an in camera hearing, the appropriate Federal court determines that the environmental audit report provides evidence of noncompliance with a covered environmental law and efforts to achieve compliance were not pursued with diligence; or (3) the person or government entity is asserting the exclusion for a fraudulent purpose.
Places the burden of proof regarding the applicability of the exclusion on the person invoking its protection.
States that a person or entity that performs an audit may not be required to give testimony in a Federal court or an administrative proceeding of a Federal agency without his or her consent.
Sets forth conditions under which disclosures of information relating to a covered Federal law to an appropriate Federal or State agency are considered voluntary. Considers such disclosures involuntary if the person or government entity making the disclosure has committed repeated violations of Federal or State laws relating to environmental quality due to separate events giving rise to the violations during the three-year period prior to disclosure. Presumes disclosures to be voluntary if the person or entity provides information supporting a claim that the information is a voluntary disclosure and makes such persons or entities immune from administrative, civil, or criminal penalties for violations unless such presumption is rebutted.
Places the burden of rebuttal on Federal agencies.