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SECTION 1. REQUIREMENT FOR FEDERAL CONTRACTORS TO POSSESS SATISFACTORY
RECORD OF INTEGRITY AND BUSINESS ETHICS.

(a) Defense Contractors.--(1) Chapter 137 of title 10, United
States Code, is amended by inserting after section 2305a the following
new section:
''Sec. 2305b. Contractor requirement for satisfactory record of
integrity and business ethics
''(a) In General.--No prospective contractor may be awarded a
contract with an agency under this title unless the contracting officer
for the contract determines that such prospective contractor has a
satisfactory record of integrity and business ethics, including a
record of satisfactory compliance with the law (including tax, labor
and employment, environmental, antitrust, and consumer protection
laws).
''(b) Information To Be Considered.--In making a determination as
to whether a prospective contractor has a satisfactory record of
integrity and business ethics, a contracting officer--
''(1) shall consider all relevant credible information, but
shall give the greatest weight to any violations of law that
have been adjudicated during the 3-year period preceding the
offer by the prospective contractor;
''(2) shall consider any administrative agreements entered
into with the prospective contractor if the prospective
contractor has taken corrective action after disclosing a
violation of law, and may consider such a contractor to be a
responsible contractor if the contractor has corrected the
conditions that led to the misconduct;
''(3) shall consider failure to comply with the terms of an
administrative agreement to be a lack of integrity and business
ethics under this section;
''(4) may consider other relevant information, such as
civil or administrative complaints or similar actions filed by
or on behalf of a Federal agency, board, or commission, if such
action reflects an adjudicated determination by the agency; and
''(5) shall consider the following in descending order of
importance:
''(A) Convictions of and civil judgments rendered
against the prospective contractor for--
''(i) commission of fraud or a criminal
offense in connection with obtaining,
attempting to obtain, or performing a Federal,
State, or local contract or subcontract;
''(ii) violation of Federal or State
antitrust law relating to the submission of
offers; or
''(iii) commission of embezzlement, theft,
forgery, bribery, falsification, or destruction
of records, making false statement, tax
evasion, or receiving stolen property.
''(B) Indictments for the offenses described in
subparagraph (A).
''(C) With respect to tax, labor, employment,
environmental, antitrust, or consumer protection laws--
''(i) Federal or State felony convictions;
''(ii) adverse Federal court judgments in
civil cases brought by the United States;
''(iii) adverse decisions by a Federal
administrative law judge, board, or commission
indicating violations of law; and
''(iv) Federal or State felony
indictments.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2305a the
following new item:

''2305b. Contractor requirement for satisfactory record of integrity
and business ethics.''.
(b) Other Contractors.--(1) Title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended
by inserting after section 303L the following new section:

''SEC. 303M. CONTRACTOR REQUIREMENT FOR SATISFACTORY RECORD OF
INTEGRITY AND BUSINESS ETHICS.

''(a) In General.--No prospective contractor may be awarded a
contract with an agency unless the contracting officer for the contract
determines that such prospective contractor has a satisfactory record
of integrity and business ethics, including a record of satisfactory
compliance with the law (including tax, labor and employment,
environmental, antitrust, and consumer protection laws).
''(b) Information To Be Considered.--In making a determination as
to whether a prospective contractor has a satisfactory record of
integrity and business ethics, a contracting officer--
''(1) shall consider all relevant credible information, but
shall give the greatest weight to any violations of law that
have been adjudicated during the 3-year period preceding the
offer by the prospective contractor;
''(2) shall consider any administrative agreements entered
into with the prospective contractor if the prospective
contractor has taken corrective action after disclosing a
violation of law, and may consider such a contractor to be a
responsible contractor if the contractor has corrected the
conditions that led to the misconduct;
''(3) shall consider failure to comply with the terms of an
administrative agreement to be a lack of integrity and business
ethics under this section;
''(4) may consider other relevant information, such as
civil or administrative complaints or similar actions filed by
or on behalf of a Federal agency, board, or commission, if such
action reflects an adjudicated determination by the agency; and
''(5) shall consider the following in descending order of
importance:
''(A) Convictions of and civil judgments rendered
against the prospective contractor for--
''(i) commission of fraud or a criminal
offense in connection with obtaining,
attempting to obtain, or performing a Federal,
State, or local contract or subcontract;
''(ii) violation of Federal or State
antitrust law relating to the submission of
offers; or
''(iii) commission of embezzlement, theft,
forgery, bribery, falsification, or destruction
of records, making false statement, tax
evasion, or receiving stolen property.
''(B) Indictments for the offenses described in
subparagraph (A).
''(C) With respect to tax, labor, employment,
environmental, antitrust, or consumer protection laws--
''(i) Federal or State felony convictions;
''(ii) adverse Federal court judgments in
civil cases brought by the United States;
''(iii) adverse decisions by a Federal
administrative law judge, board, or commission
indicating violations of law; and
''(iv) Federal or State felony
indictments.''.
(2) The table of sections at the beginning of such Act is amended
by inserting after the item relating to section 303L the following new
item:

''303M. Contractor requirement for satisfactory record of integrity and
business ethics.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to contracts for which solicitations are issued
after the date of the enactment of this Act.
Amends Federal defense contract law and the Federal Property and Administrative Services Act of 1949 to prohibit a contractor from being awarded a defense or Federal contract unless the Federal contracting officer determines that such contractor has a satisfactory record of integrity and business ethics, including compliance with all applicable laws. Outlines information to be considered by a contracting officer in making such determination, with an emphasis on any violations that have been adjudicated during the prior three-year period, as well as certain convictions of and civil judgments rendered against such contractor.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Reservist Opportunities and
Protection of Education Act of 2003''.

SEC. 2. REFUNDS AND LEAVE OF ABSENCE FOR MILITARY SERVICE.

(a) Leave of Absence for Military Service.--Part G of title IV of
the Higher Education Act of 1965 is amended by inserting after section
484B (20 U.S.C. 1094) the following new section:

''SEC. 484C. REFUNDS AND LEAVE OF ABSENCE FOR MILITARY SERVICE.

''(a) Leave of Absence Required.--Whenever a student who is an
affected individual is unable to complete a period of instruction or to
receive academic credit because he or she was called up for active duty
or active service, the institution of higher education in which the
student is enrolled shall--
''(1) grant the student a military leave of absence from
the institution while such student is serving on active duty or
active service, and for one year after the conclusion of such
duty or service, in accordance with subsection (b); and
''(2) provide the student with a refund or credit in
accordance with subsection (c).
''(b) Consequences of Military Leave of Absence.--A student who is
an affected individual and who is on a military leave of absence from
an institution of higher education shall be entitled, upon release from
serving on active duty or active service, to be restored to the
educational status such student had attained prior to being ordered to
such duty without loss of academic credits earned, scholarships or
grants awarded by the institution, or, subject to subsection (c),
tuition and other fees paid prior to the commencement of the active
duty or active service.
''(c) Refunds.--An institution of higher education shall refund
tuition or fees paid prior to the commencement of the active duty or
active service of an affected individual. If a student taking a
military leave of absence for active duty or active service requests a
refund during a period of enrollment, the percentage of the tuition and
fees that shall be refunded shall be equal 100 percent minus the
percentage of the period of enrollment (for which the tuition and fees
were paid) that was completed (as determined in accordance with section
484B(d)) as of the day the student withdrew.
''(d) Leave of Absence Not Treated as Withdrawal.--Notwithstanding
the 180-day limitation in section 484B(a)(2), a student on a military
leave of absence under this section shall not be treated as having
withdrawn for purposes of section 484B unless the student fails to
return at the end of the military leave of absence (as determined under
subsection (a) of this section).
''(e) Definitions.--As used in this section:
''(1) Active duty.--The term 'active duty' has the meaning
given such term in section 101(d)(1) of title 10, United States
Code, except that such term does not include active duty for
training or attendance at a service school.
''(2) Affected individual.--The term 'affected individual'
means an individual who--
''(A) is serving on active duty during a war or
other military operation or national emergency; or
''(B) is performing qualifying National Guard duty
during a war or other military operation or national
emergency.
''(3) Military operation.--The term 'military operation'
means a contingency operation as such term is defined in
section 101(a)(13) of title 10, United States Code.
''(4) National emergency.--The term 'national emergency'
means a national emergency declared by the President of the
United States.
''(5) Serving on active duty.--The term 'serving on active
duty during a war or other military operation or national
emergency' means service by an individual who is--
''(A) a Reserve of an Armed Force ordered to active
duty under section 12301(a), 12301(g), 12302, 12304, or
12306 of title 10, United States Code, or any retired
member of an Armed Force ordered to active duty under
section 688 of such title, for service in connection
with a war or other military operation or national
emergency, regardless of the location at which such
active duty service is performed; and
''(B) any other member of an Armed Force on active
duty in connection with such war, operation, or
emergency or subsequent actions or conditions who has
been assigned to a duty station at a location other
than the location at which such member is normally
assigned.
''(6) Qualifying national guard duty.--The term 'qualifying
National Guard duty during a war or other military operation or
national emergency' means service as a member of the National
Guard on full-time National Guard duty (as defined in section
101(d)(5) of title 10, United States Code) under a call to
active service authorized by the President or the Secretary of
Defense for a period of more than 30 consecutive days under
section 502(f) of title 32, United States Code, in connection
with a war, another military operation, or a national emergency
declared by the President and supported by Federal funds.''.
(b) Obligation as Part of Program Participation Requirements.--
Section 487(a)(22) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)(22)) is amended by inserting ''and with the policy on leave of
absence for military service established pursuant to section 484C''
after ''section 484B''.
Amends the Higher Education Act of 1965 (HEA) to require institutions of higher education that participate in HEA title IV student assistance programs to grant military leaves of absence, and provide refunds of or credits for tuition and fees paid, to individuals who are unable to complete a period of instruction or receive academic credit because they were called to serve on active duty in the Armed Forces, or to perform qualifying National Guard duty, during a war or other military operation or national emergency.Requires the leave of absence to be for the period of active duty or service and for one year after completion of such duty or service. Requires the refund or credit to be prorated to cover the period when the student had to leave. Provides that such leave of absence shall not be treated as a withdrawal for certain student assistance purposes.

SECTION 1. PUBLIC HEALTH SERVICE ACT; LIABILITY PROTECTIONS FOR HEALTH-
CENTER PRACTITIONERS PROVIDING SERVICES IN EMERGENCY
AREAS.

(a) In General.--Section 224(g) of the Public Health Service Act
(42 U.S.C. 233(g)) is amended--
(1) in paragraph (1)(B)(ii), by striking ''subparagraph
(C)'' and inserting ''subparagraph (C) and paragraph (6)''; and
(2) by adding at the end the following paragraph:
''(6)(A) Subject to subparagraph (C), paragraph (1)(B)(ii) applies
to health services provided to individuals who are not patients of the
entity involved if, as determined under criteria issued by the
Secretary, the following conditions are met:
''(i) The services are provided by a contractor or employee
of the entity who is a physician or other licensed or certified
health care practitioner and who is otherwise deemed to be an
employee for purposes of paragraph (1)(A) when providing
services with respect to the entity.
''(ii) The services are provided in an emergency area (as
defined in subparagraph (D)).
''(iii) The services of the contractor or employee
(referred to in this paragraph as the 'out-of-area
practitioner') are provided under an arrangement with--
''(I) an entity that is deemed to be an employee
for purposes of paragraph (1)(A) and that serves the
emergency area involved (referred to in this paragraph
as an 'emergency-area entity)'; or
''(II) a Federal agency that has responsibilities
regarding the provision of health services in such area
during the emergency.
''(iv) The purposes of the arrangement are--
''(I) to coordinate, to the extent practicable, the
provision of health services in the emergency area by
the out-of-area practitioner with the provision of
services by the emergency-area entity, or by the
Federal agency, as the case may be;
''(II) to identify a location in the emergency area
to which such practitioner should report for purposes
of providing health services, and to identify an
individual or individuals in the area to whom the
practitioner should report for such purposes; and
''(III) to verify the identity of the practitioner
and that the practitioner is licensed or certified by
one or more of the States.
''(v) With respect to the licensure or certification of
health care practitioners, the provision of services by the
out-of-area practitioner in the emergency area is not a
violation of the law of the State in which the area is located.
''(B) In issuing criteria under subparagraph (A), the Secretary
shall take into account the need to rapidly enter into arrangements
under such subparagraph in order to provide health services in
emergency areas promptly after the emergency begins.
''(C) Subparagraph (A) applies with respect to an act or omission
of an out-of-area practitioner only to the extent that the practitioner
is not immune from liability for such act or omission under the
Volunteer Protection Act of 1997.
''(D) For purposes of this paragraph, the term 'emergency area'
means a geographic area for which--
''(i) the Secretary has made a determination under section
319 that a public health emergency exists; or
''(ii) a presidential declaration of major disaster has
been issued under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act.''.
(b) Effective Date.--With respect to paragraph (6) of section
224(g) of the Public Health Service Act, as added by subsection (a) of
this section:
(1) Except as provided in this subsection, an arrangement
under subparagraph (A)(iii) of such paragraph (6) is deemed to
be in effect for any health professional who, within the
meaning of such paragraph--
(A) is an employee or contractor of a health center
under section 330 of such Act; and
(B) served or is serving as an out-of-area
practitioner in any emergency area declared as a result
of Hurricane Katrina or Hurricane Rita.
(2) Such paragraph (6) is deemed to have taken effect on
August 27, 2005, for purposes of paragraph (1) of this
subsection. Such paragraph (6) otherwise takes effect on the
date of the enactment of this Act.
(3) Paragraph (1) of this subsection applies until the
expiration of the 48-hour period beginning on the date on which
the Secretary of Health and Human Services publishes in the
Federal Register a notice that the applicability of such
paragraph is being terminated.
Amends the Public Health Service Act to deem certain physicians or other licensed or certified health care practitioners to be employees of the Public Health Service for purposes of any civil action that may arise due to services provided in an emergency area by a contractor or an employee of a qualified health center. Provides that such services must be provided under an arrangement with a qualified health center or with a federal agency with responsibility for providing health services in the emergency area.