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PROBLEM: 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.

SOLUTION: 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.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Air and Health Quality Empowerment
Zone Designation Act of 2008''.

SEC. 2. PURPOSE.

The purpose of this Act is to establish criteria through the use of
which specific geographical areas--
(1) shall be designated as air and health quality
empowerment zones; and
(2) may apply for grants authorized for the purpose of
replacing or retrofitting polluting vehicles or engines (or
both vehicles and engines) in order to improve the health of
the population living in the zones.

SEC. 3. FINDINGS.

Congress finds that--
(1) the San Joaquin Valley faces serious air quality
challenges that impact the development, health, and economy of
the Valley;
(2) the Valley emits approximately 624 tons of nitrogen
oxides per day, and attainment of the federally mandated 8-hour
ozone standard under the Clean Air Act requires emissions of
not more than 160 tons of oxides of nitrogen per day;
(3) the Valley does not attain the federally mandated
standard for PM<INF>2.5</INF>;
(4) the children of the Valley miss 188,000 school days per
year, which translates to 1 in 4 of those children experiencing
a day of absence each year due to elevated ozone levels;
(5) approximately 460 residents of the Valley die earlier
than they otherwise would due to elevated ozone levels, and
Valley residents experience 23,300 asthma attacks per year, a
rate that equals 3 times the State average and 5 times the
national average;
(6) 1 in 5 children residing in the Valley have been
diagnosed with asthma;
(7) nonattainment of Federal air quality standards costs
the Valley $3,200,000,000 annually;
(8) the Valley experiences chronic double-digit
unemployment rates; and
(9) the Federal Government must partner with the Valley and
the State to address air quality, health, and economic
development for the residents of the Valley through the
designation of the Valley as air quality empowerment zone that
is eligible for Federal grants and technical assistance.

SEC. 4. DEFINITIONS.

In this Act:
(1) Administrator.--The term ''Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Agency.--The term ''Agency'' means the Environmental
Protection Agency.
(3) Clean air act.--The term ''Clean Air Act'' means the
Clean Air Act (42 U.S.C. 7401 et seq.).
(4) PM<INF>2.5</INF>.--The term ''PM<INF>2.5</INF>'' means
particulate matter with a diameter that does not exceed 2.5
micrometers.
(5) Strategic plan.--The term ''strategic plan'' means,
with respect to an area, the plan contained in the application
for designation of the area under section 5.
(6) Valley.--The term ''Valley'' means the San Joaquin
Valley, California.

SEC. 5. AIR QUALITY EMPOWERMENT ZONE DESIGNATION PROCEDURES.

(a) In General.--From among the areas nominated for designation
under this section, the Administrator may designate 1 or more areas as
air and health quality empowerment zones.
(b) Period for Which Designation Is in Effect.--
(1) In general.--Any designation under this section shall
remain in effect during the period beginning on the date of the
designation and ending on the earlier of--
(A) the last day of the tenth calendar year
beginning on the date of the designation; or
(B) the date on which the Administrator revokes the
designation.
(2) Revocation of designation.--The Administrator may
revoke the designation under this section of an area if the
Administrator determines that the local air pollution control
district in which the designated area is located--
(A) has been designated as being in attainment with
the national ambient air quality standard for
PM<INF>2.5</INF> and ozone promulgated under the Clean
Air Act; or
(B) is not complying substantially with, or fails
to make progress in achieving the goals of, the
strategic plan.
(c) Limitations on Designations.--No area may be designated under
subsection (a) unless--
(1) the area is nominated for designation by the air
pollution control district with jurisdiction over the area;
(2) the air pollution control district provides written
assurances satisfactory to the Administrator that the strategic
plan will be implemented; and
(3) the Administrator determines that any information
provided is reasonably accurate.
(d) Application.--No area may be designated under subsection (a)
unless the application for the designation--
(1) demonstrates that the nominated area satisfies the
eligibility criteria described in section 6; and
(2) includes a strategic plan for accomplishing the
purposes of this Act that--
(A) describes--
(i) the process by which the nominated area
is a full partner in the process of developing
and implementing the plan; and
(ii) the extent to which local institutions
and organizations have contributed to the
planning process;
(B) identifies--
(i) the amount of State, local, and private
resources that will be available for the
nominated area; and
(ii) the private/public partnerships to be
used (which may include participation by, and
cooperation with, institutions of higher
education, medical centers, and other private
and public entities);
(C) identifies the funding requested under any
Federal program in support of the purposes of this Act;
(D) identifies baselines, methods, and benchmarks
for measuring the success of carrying out the strategic
plan; and
(E) includes such other information as may be
required by the Administrator.

SEC. 6. ELIGIBILITY CRITERIA.

(a) In General.--A nominated area shall be eligible for designation
under section 5(a) only if the area meets all of the following
criteria:
(1) Nonattainment.--The nominated area has been designated
as being--
(A) in extreme nonattainment of the 8-hour ozone
national ambient air quality standard promulgated by
the Administrator under the Clean Air Act; and
(B) in nonattainment of national ambient air
quality standard for PM<INF>2.5</INF> promulgated by
the Administrator under that Act.
(2) Agricultural sources.--The nominated area has--
(A) emissions of oxides of nitrogen from farm
equipment of at least 30 tons per day in calendar year
2010; or
(B) emissions of volatile organic compounds from
farming operations of at least 40 tons per day in
calendar year 2010.
(3) Air-related health effects.--As of the date of
nomination, the nominated area--
(A) meets or exceeds the national average per
capita incidence of asthma; and
(B) meets or exceeds the national average of school
days missed due to the health impact of elevated ozone
levels.
(4) Economic impact.--As of the date of nomination, the
nominated area experiences unemployment rates higher than the
national average.
(5) State matching funds.--The nominated area is located
within a State and local area that will match at least /2\ of
the funds provided by the Federal Government under this Act.

SEC. 7. ELIGIBLE GRANT APPLICANTS.

Any air pollution control district or other local governmental
entity authorized to regulate air quality in a State under the Clean
Air Act may apply for a grant under this Act.

SEC. 8. AUTHORIZATION OF AIR AND HEALTH EMPOWERMENT GRANTS.

(a) Eligibility.--
(1) In general.--Each area designated as an air and health
quality empowerment zone under section 5(a) shall be eligible
to receive 1 or more grants under this section.
(2) Amount of grants.--The amount of each grant awarded to
a designated air and health quality empowerment zone shall be
determined by the Administrator based upon a review of--
(A) the information contained in the applications
required by section 5(d); and
(B) the needs set forth in the applications by
those designated as beneficiaries.
(3) Timing of grants.--With respect to each designated air
and health quality empowerment zone, the Administrator shall
make--
(A) a grant under this section to each such zone on
the date of designation of the zone under section 5(a);
and
(B) the grant under this section to each such zone
available on the first day of the first fiscal year
that begins after the date of designation of the zone.
(4) Oversight of grants.--The air pollution control
district or other local government entity authorized to
regulate air quality in an area designated as an air and health
safety empowerment zone under section 5(a) shall oversee the
use of any grant funds provided to the zone under this section.
(b) Use of Grants.--Each air and health safety empowerment zone
that receives a grant under this section shall use the grant solely--
(1) to carry out activities that achieve the purposes
described in section 2;
(2) in accordance with the strategic plan for the zone; and
(3) for activities that benefit the residents of the zone
for which the grant is made through improved air quality and
health.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to provide grants under this section
$20,000,000 for each of fiscal years 2009 through 2013.

SOLUTION: Air and Health Quality Empowerment Zone Designation Act of 2008 - Authorizes the Administrator of the Environmental Protection Agency (EPA) to designate areas nominated by local air pollution control districts as air and health quality empowerment zones, which shall be eligible for grants for replacing or retrofitting polluting vehicles and/or engines in order to improve the health of the population living in the zones.

Sets forth area eligibility requirements, including: (1) being in nonattainment of specified national ambient air quality standards for ozone or PM2.5 (particulate matter with a diameter that does not exceed 2.5 micrometers); (2) having specified emission levels from agricultural sources; (3) meeting or exceeding national averages for asthma, school days missed for ozone levels, and unemployment; and (4) being eligible for state or local matching funds.

Prohibits an area from being designated unless the relevant district provides satisfactory assurances that the strategic plan (to be contained in its application) will be implemented. Authorizes the Administrator to revoke the designation if the relevant district: (1) has been designated as being in attainment with the air quality standards; or (2) is failing to comply with, or make progress in achieving the goals of, its strategic plan.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Free Speech About Science Act of
2011''.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) Federal regulators have forbidden--
(A) cherry growers and food producers to cite
independent and respected scientific research on their
produce that references health benefits; and
(B) a variety of dietary supplement makers to cite
independent scientific research on health benefits from
supplements from respected, peer-reviewed scientific
journals.
(2) Americans want access and have a right to access
legitimate scientific information about foods and dietary
supplements to ensure informed decisions about diet and health
care. While the American public is inundated daily with
advertisements about prescription drugs for health conditions,
many of which could be prevented through lifestyle changes,
proper nutrition, and informed use of dietary supplements,
Americans are denied access to the very information that
assists in making informed lifestyle and health care decisions.
(3) Providing access to scientific information promotes
self-responsibility, thereby empowering Americans to exercise
independent judgment in caring for themselves and ultimately
reducing health care costs and improving quality of life.
(4) The United States has a long commitment to the free
dissemination of scientific research with the exception of
limited extreme situations for national security. This
commitment goes back to the First Amendment to the Constitution
and has contributed vitally to the Nation's economic progress.

SEC. 3. MISBRANDED FOOD AND DIETARY SUPPLEMENTS.

Section 403(r) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343(r)) is amended--
(1) in subparagraph (3)--
(A) by redesignating clause (D) as clause (E);
(B) by inserting after clause (C) the following:
''(D) Notwithstanding the provisions of clauses (A)(i) and (B), a
claim of the type described in subparagraph (1)(B) which is not
authorized by the Secretary in a regulation promulgated in accordance
with clause (B) shall be authorized and may be made with respect to a
food if--
''(i) the claim is based on legitimate scientific research;
''(ii) the claim and the food for which the claim is made
are in compliance with clause (A)(ii) and are otherwise in
compliance with paragraph (a) and section 201(n);
''(iii) the claim is stated in a manner so that the claim--
''(I) is an accurate balanced summary of such
research; and
''(II) enables the public to comprehend the
information provided in the claim and the relative
significance of such information in the context of a
total daily diet;
''(iv) the claim includes a citation to such research; and
''(v) the claim identifies each party that funded such
research.'';
(C) in clause (E), as so redesignated, by striking
''clause (C)'' each place it appears and inserting
''clause (C) or (D)''; and
(D) by adding at the end the following:
''(F) In this subparagraph, the term 'legitimate scientific
research' means scientific research, whether performed in vitro, in
vivo, in animals, or in humans, that--
''(i) is conducted in accordance with sound scientific
principles;
''(ii) has been evaluated and accepted by a scientific or
medical panel; and
''(iii) has been published in its entirety, or as an
accurate, balanced summary or scientific review including a
citation to the research in its entirety, in--
''(I) a peer-reviewed article or book;
''(II) a recognized textbook;
''(III) a peer-reviewed scientific publication; or
''(IV) any publication of the United States
Government (including ones published by or at the
request of a Federal department, agency, institute,
center, or academy).'';
(2) by amending subparagraph (6) to read as follows:
''(6)(A) For purposes of subparagraph (1)(B), a statement for a
dietary supplement may be made if--
''(i) the statement claims a benefit related to a classical
nutrient deficiency condition and discloses the prevalence of
such condition in the United States, describes the role of a
nutrient or dietary ingredient intended to affect the structure
or function in humans, characterizes the documented mechanism
by which a nutrient or dietary ingredient acts to maintain such
structure or function, or describes general well-being from
consumption of a nutrient or dietary ingredient;
''(ii) the manufacturer of the dietary supplement has
substantiation that such statement is truthful and not
misleading;
''(iii) the statement contains, prominently displayed and
in boldface type, the following: 'This statement has not been
evaluated by the Food and Drug Administration. This product is
not intended to diagnose, treat, cure, or prevent any
disease.'; and
''(iv) the statement does not claim to diagnose, mitigate,
treat, cure, or prevent a specific disease or class of
diseases.
''(B) Notwithstanding subparagraph (1)(B), a statement for a
dietary supplement may be made if--
''(i) the statement claims to diagnose, mitigate, treat,
cure, or prevent a specific disease or class of diseases, based
on legitimate scientific research (as defined in subparagraph
(3)(F));
''(ii) the manufacturer of the dietary supplement has
substantiation that such statement is truthful and not
misleading;
''(iii) the statement contains, prominently displayed and
in boldface type, the following: 'This statement has not been
evaluated by the Food and Drug Administration.';
''(iv) the claim includes a citation to the research
referred to in subclause (i); and
''(v) the claim identifies each party that funded such
research.
If the manufacturer of a dietary supplement proposes to make a
statement described in clause (A) or (B) in the labeling of the dietary
supplement, the manufacturer shall notify the Secretary no later than
30 days after the first marketing of the dietary supplement with such
statement that such a statement is being made.''; and
(3) by adding at the end the following:
''(8) Subject to subparagraph (1) (relating to claims in the label
or labeling of food), the Secretary shall take no action to restrict in
any way the distribution of information that is not false or misleading
on legitimate scientific research (as defined in subparagraph (3)(F))
in connection with the sale of food.''.

SEC. 4. FALSE ADVERTISING.

(a) Dissemination of Legitimate Scientific Research in Connection
With Sale or Distribution of Food or Dietary Supplement.--Section 12 of
the Federal Trade Commission Act (15 U.S.C. 52) is amended by adding at
the end the following:
''(c)(1) The dissemination of legitimate scientific research in
connection with the sale or distribution of a food or dietary
supplement to consumers shall not be determined to be false advertising
by virtue of the fact that the research does not directly correlate to
the type of food or dietary supplement (including any component
thereof) being sold or distributed if the dissemination includes a
clear disclosure that the research does not directly correlate to such
type of food or dietary supplement.
''(2) In any proceeding under section 13, the burden of proof shall
be on the Commission to establish that the literature being
disseminated is not legitimate scientific research.''.
(b) Definitions.--Section 15 of the Federal Trade Commission Act
(15 U.S.C. 55) is amended by adding at the end the following:
''(g) The term 'dietary supplement' has the meaning given to such
term in section 201 of the Federal Food, Drug, and Cosmetic Act.
''(h) The term 'legitimate scientific research' has the meaning
given to such term in section 403(r) of the Federal Food, Drug, and
Cosmetic Act.''.

SOLUTION:
Free Speech About Science Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to set forth conditions under which a food or dietary supplement label may characterize the relationship of a nutrient in the food or supplement to a disease or health-related claim. Permits such a label on food if the claim: (1) is based on legitimate scientific research; (2) is in compliance with other FFDCA provisions; (3) is an accurate, balanced summary of such research; (4) enables the public to comprehend the information provided in the claim and the relative significance of such information in the context of a total daily diet; and (5) identifies each party that funded research to support the claim.

Permits such a label on a dietary supplement that claims to diagnose, treat, cure, or prevent a specific disease or class of diseases if: (1) the claim is based on legitimate scientific research; (2) the manufacturer has substantiation that such statement is truthful and not misleading; (3) the statement includes a disclaimer that it has not been evaluated by the Food and Drug Administration (FDA); and (4) the claim includes a citation to the research supporting such claim and identifies each party that funded such research.

Prohibits the Secretary of Health and Human Services (HHS) from restricting the distribution of information that is not false or misleading and that is based on legitimate scientific research in connection with the sale of food.

Amends the Federal Trade Commission Act to exempt the dissemination of legitimate scientific research in connection with the sale or distribution of a food or dietary supplement to consumers from being determined to be false advertising by virtue of the fact that the research does not directly correlate to such food or dietary supplement if the dissemination discloses that information. Places the burden of proof on the Federal Trade Commission (FTC) to establish that the literature being disseminated is not legitimate scientific research.