SECTION 1. SHORT TITLE. This Act may be referred to as the ``Eliminating Health Disparities Act of 2017''. SEC. 2. HEALTH DISPARITIES ELIMINATION STATE PLAN OPTION. Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by adding at the end the following: ``SEC. 1947. HEALTH DISPARITIES ELIMINATION PROGRAM STATE PLAN OPTION. ``(a) In General.--Notwithstanding section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(B) (relating to comparability), and any other provision of this title that the Secretary determines is necessary to waive in order to implement this section, beginning fiscal year 2018, a State, at its option as a State plan amendment, may establish a Health Disparities Elimination Program for purposes of reducing health disparities among targeted populations in communities served by qualified community health systems under which the State provides incentive payments to qualified community health systems for initiatives approved under subsection (c), if the State meets the requirements specified in subsection (c). ``(b) State Plan Amendment.--Each State seeking a State plan amendment under this section shall submit such amendment to the Secretary for approval. The Secretary shall approve any such amendment that meets the requirements of subsection (c) and includes-- ``(1) State goals for reducing health disparities through the Health Disparities Elimination Program to be established by the State; ``(2) any requirements for the development and approval of action plans described in subsection (c)(1); ``(3) eligibility criteria for any qualified community health system seeking to establish a health disparities elimination initiative (in this section referred to as an `initiative') pursuant to this section; ``(4) the methodology for determining the amount of incentive payments to be made to a qualified community health system through an initiative, based on the size of the target population to be served through the initiative and the potential of the initiative for reducing health disparities; and ``(5) the period during which initiatives may be implemented, in accordance with subsection (c)(3). ``(c) State Requirements.--The requirements specified in this subsection with respect to a State are the following: ``(1) Health system action plan.--The State shall require that a qualified community health system submit an action plan for an initiative to the State agency with responsibility for administering the State plan under this title for approval that identifies-- ``(A) the target population or populations to be served by the initiative; ``(B) specific, evidence-based projects that the system will undertake through the initiative to reduce health disparities for such population or populations; ``(C) targets and benchmarks associated with such projects that must be met in order to receive incentive payments pursuant to this section; ``(D) measures for evaluating the effectiveness of the initiative in reducing health disparities with respect to the goals established by the State pursuant to subsection (b)(1); and ``(E) the amount of any proposed initial incentive payments to be made pursuant to this section to support startup costs of the initiative. ``(2) Priority in selection of health systems for participation.--In selecting qualified community health systems to establish an initiative under a State plan amendment approved under this section, the State shall give priority to health systems-- ``(A) that have submitted action plans (under paragraph (1)) that include the use of evidence-based interventions shown to reduce or eliminate health disparities; ``(B) that demonstrate the potential to have a high impact in the elimination of health disparities, improved health care access, improved health outcomes, or health care savings compared to the total incentive funding requested; ``(C) that have prior experience working on projects with the goal of reducing health disparities; ``(D) that demonstrate long-term commitment to providing health services to the target population or populations; and ``(E) with a demonstrated need for additional financial resources in order to strengthen and advance existing efforts of the health system to reduce health disparities. ``(3) Duration of action plan.-- ``(A) In general.--The State may not approve an action plan submitted under paragraph (1) for a period exceeding 5 years. ``(B) Report.--At the end of any such period, the State shall require each participating qualified community health system to submit a report to the State describing the effectiveness of its initiative using the measures described in paragraph (1)(D). ``(C) Extension.--A State may extend the initiative of such health system upon approval of a new action plan to extend, improve, or expand the initiative, if the State determines that the initiative has proved effective, taking into account the report submitted under subparagraph (B). ``(d) State Report and Evaluation.-- ``(1) In general.--A State with a State plan amendment approved under this section shall submit to the Secretary, in a time and manner to be specified by the Secretary-- ``(A) an annual report on the progress of the Health Disparities Elimination Program of the State towards meeting the goals of the State described under subsection (b)(1); and ``(B) not less than once every 5 years, an evaluation of the effectiveness of the Health Disparities Elimination Program of the State. ``(2) Contents.--The evaluation described in paragraph (1)(B) shall include-- ``(A) an assessment of the effectiveness of initiatives receiving incentive payments pursuant to this section during the period covered by the report in meeting the goals of the State described under subsection (b)(1); and ``(B) a description of the activities of such initiatives. ``(3) Publication.--The Secretary shall publish on the public Web site of the Centers for Medicare & Medicaid Services each evaluation submitted under paragraph (1)(B). ``(e) Funding.-- ``(1) State funding.-- ``(A) In general.--For the purpose of making allocations to States under subparagraph (C), there is appropriated for fiscal year 2018 and each subsequent fiscal year, out of any money in the Treasury not otherwise appropriated, an amount equal to one half of one percent of the total of the Federal share of expenditures with respect to all State plans under this title in the most recent fiscal year for which complete expenditure data is available. ``(B) Incentive payment fund.--The Secretary shall deposit all funds appropriated under subparagraph (A) into an incentive payment fund. Such funds shall remain available until expended. ``(C) Allocation among states.--Of the total amount appropriated for this section for a fiscal year, the Secretary shall, except as provided in subparagraph (D), allocate for such fiscal year to each State an amount in proportion to the ratio of-- ``(i) the State's total expenditures under the State plan under this title in the most recent fiscal year for which complete expenditure data is available; to ``(ii) the sum of all States' total expenditures under all State plans under this title in the fiscal year described in clause (i). ``(D) Funds not used by the state.--If the Secretary determines, on the basis of information available on the first day of a fiscal year, that any allocation under subparagraph (C) to a State for such fiscal year will not be required because a State does not have a State plan amendment approved under subsection (b) for such fiscal year, then such State's allocation shall be treated as an unused allocation for such fiscal year and re-allocated in accordance with subparagraph (E)(i). ``(E) Qualifying states.-- ``(i) Re-allocation to qualifying states.-- In addition to the allocation available to a State under subparagraph (C), the Secretary shall allocate to each qualifying State for a fiscal year, out of the sum of unused allocations, as described in subparagraph (D), for such fiscal year, an amount in proportion to the ratio of-- ``(I) each such State's total expenditures under the State plan under this title in the most recent fiscal year for which complete expenditure data is available; to ``(II) the sum of all such States' total expenditures under all State plans of such States under this title in the fiscal year described in subclause (I). ``(ii) Availability of funds.--Allocations made to a qualifying State under clause (i) and subparagraph (C) shall remain available until expended. ``(iii) Definitions.--In this section, the term `qualifying State' means a State with a State plan amendment approved under this section that-- ``(I) has in effect an agreement with one or more qualified community health system initiatives; and ``(II) in any fiscal year other than the first fiscal year for which such State receives an allocation under subparagraph (C) that is not re- allocated under subparagraph (D), has a Health Disparities Elimination Program established under this section that, as determined by the Secretary, has made measurable progress towards meeting the State's goals, as described under subsection (b)(1), based on reports and evaluations submitted under subsection (d). ``(2) Payments.-- ``(A) In general.--Subject to the provisions of this section, the Secretary shall pay to each State with a State plan amendment approved under this section, from its allocation under paragraph (1)(C) and, in the case of a qualifying State, from its allocation under paragraph (1)(E)(i), an amount for each quarter equal to 90 percent of the sum expended by the State in such quarter for incentive payments made to qualified community health systems for initiatives approved pursuant to this section. ``(B) Status of incentive payments.--Incentive payments made under a State plan amendment approved under this section shall not be considered payment for health care items or services and shall not count towards any limit with respect to the maximum amount of payments that may be made to a provider under the State plan under this title (or under a waiver of such plan). ``(f) Definitions.--In this section: ``(1) The term `health disparity' means a disparity in care provided to a health disparity population, as defined in section 903(d) of the Public Health Service Act (42 U.S.C. 299a-1(d)). ``(2) The term `qualified community health system' means-- ``(A) a hospital described in a report submitted under section 1900(b)(6)(B)(ii)(III); or ``(B) an affiliated group of health care providers anchored by such hospital. ``(3) The term `State' means each of the several States and the District of Columbia. ``(4) The term `target population' means a population of individuals that has empirically experienced disparities in health care access and quality and shall not be limited by source of coverage or lack thereof.''.

Summary: Eliminating Health Disparities Act of 2017 This bill amends title XIX (Medicaid) of the Social Security Act to allow a state to establish a Health Disparities Elimination Program, through which the state shall provide incentive payments to qualified community health systems (i.e., hospitals or affiliated groups of health care providers) for approved initiatives to reduce health disparities. In selecting qualified community health systems for participation, a state shall give priority to those that: (1) have included, in their required action plans, the use of evidence-based interventions; (2) have had relevant prior experience; and (3) demonstrate a long-term commitment to serving the target populations, a need for additional financial resources, and the potential for high impact relative to the amount of funding requested. Federal funding for program support shall be allocated based on each state's share of total federal Medicaid expenditures.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Violent Juvenile Criminal Records Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) in recent years, the United States has experienced a significant increase in juvenile crime, especially with respect to serious and violent offenses; (2) a great proportion of the serious and violent offenses referred to in paragraph (1) are committed by individuals whose past criminal record is not revealed to criminal justice agencies, including courts, because of the current or former status of those individuals as juveniles; (3) in recent years, because of the increased mobility and ease of travel by juvenile offenders, especially members of criminal street gangs, to other States and units of local government, the officials of those States and units of local government are often-- (A) unable to obtain any record of prior serious offenses of those juvenile offenders; and (B) unprepared for the violent behavior of those juvenile offenders; and (4) the inaccessibility of records indicating past violent offenses committed by juvenile offenders-- (A) endangers public safety officers who may encounter those offenders; (B) increases risks to students at schools where those offenders may be enrolled; and (C) prevents judicial officials from making the best decision with respect to such an offender that is necessary to protect innocent citizens. SEC. 3. ASSISTANCE TO STATE AND LOCAL GOVERNMENTS. (a) In General.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended-- (1) by redesignating part Y as part Z; (2) by redesignating section 2501 as section 2601; and (3) by inserting after part X the following: ``PART Y--INCENTIVE GRANTS FOR STATE AND LOCAL CRIMINAL RECORDS SYSTEMS ``SEC. 2501. DEFINITION. ``In this part, the term `violent criminal gang' means an ongoing group, club, organization, or association of 3 or more persons, whether formal or informal, that engages in, or has engaged in within a 2-year period preceding the date on which criminal history records are entered for purposes of this part, 2 or more felonies or serious misdemeanors committed in furtherance of, or in connection with, that group. ``SEC. 2502. INCENTIVE GRANTS. ``(a) In General.--With funds made available to carry out this part, the Attorney General, acting through the Director of the Bureau of Justice Statistics, shall make grants to States and units of local government (or any combination thereof) to enable-- ``(1) States to assist units of local government in carrying out programs described in paragraphs (1) through (3) of subsection (b); and ``(2) States and units of local government to carry out the programs described in paragraphs (1) through (3) of subsection (b). ``(b) Purposes.--The Attorney General, acting through the Director of the Bureau of Justice Statistics, shall make grants under subsection (a)-- ``(1) to establish programs to obtain fingerprints and photographs of juveniles arrested for the offenses described in paragraph (2)(A); ``(2) to establish, develop, update, or upgrade the criminal history records systems of State and local governments to-- ``(A) include arrest, detention, and disposition records, fingerprints, photographs, and (if used) DNA barcodes, for juveniles arrested or detained for-- ``(i) violent offenses which, if committed by an adult, would be a felony or serious misdemeanor; ``(ii) serious drug offenses which, if committed by an adult, would be a felony or serious misdemeanor; ``(iii) serious property crimes which, if committed by an adult, would be a felony; ``(iv) illegal possession, use, or carrying of a handgun, or other firearm; or ``(v) participation in violent criminal gangs or other violent criminal organizations; ``(B) maintain the records described in subparagraph (A) at the State agency responsible for the operation of the adult criminal history record system of that State; ``(C) submit such information to the Federal Bureau of Investigation as is necessary to enable the records described in subparagraph (A) to be accessed in the same manner as are records for adult criminal histories; and ``(D) ensure that, each time an information on a criminal offense or activity described in subparagraph (A) or other criminal offense is reported to a State repository for juvenile and adult criminal records described in subparagraph (B), a criminal history including information that relates to that individual for the preceding 5-year period is submitted to that repository; ``(3) to establish, develop, update, or upgrade the criminal information systems of State and local governments, and regional intelligence sharing systems, to-- ``(A) include identification, and criminal investigative and intelligence information concerning adults who participate in the illegal activities of violent criminal gangs or other violent criminal organizations; ``(B) maintain the records described in subparagraph (A) at the appropriate State agency; and ``(C) submit such information as is necessary to enable the records referred to in subparagraph (B) to be accessed, to the Federal Bureau of Investigation or a regional intelligence sharing system; and ``(4) to establish State programs to provide financial assistance to units of local government, if necessary to meet any purpose specified in paragraphs (1) through (3). ``(c) Applications.--To request a grant under this part, the chief executive officer of a State or unit of local government shall submit an application in such form as the Attorney General, acting through the Director of the Bureau of Justice Statistics (who shall consult with the Director of the Federal Bureau of Investigation), shall require. ``(d) Application Requirements.-- ``(1) Formula grants.--The Attorney General, acting through the Director of the Bureau of Justice Statistics, may award a grant under section 2503(a) only to a State with respect to which the chief executive officer submits an application under subsection (c) that provides assurances that are satisfactory to the Attorney General that the State will use the assistance provided under the grant to carry out programs that meet the purposes described in paragraphs (1) through (3) of subsection (b). The State may provide for the participation of units of local government in the grant program that is the subject of a grant application. ``(2) Discretionary grants.--The Attorney General, acting through the Director of the Bureau of Justice Statistics, may award a grant under section 2503(b) to a State or unit of local government (or a combination of a State and 1 or more units of local government) that provides assurances that the State, unit of local government, or combination will use the assistance provided under the grant to carry out at least 1 program that meets at least 1 of the purposes described in paragraphs (1) through (3) of subsection (b). ``SEC. 2503. ALLOCATION OF GRANTS. ``(a) Formula Grants.--Of the total amount made available by appropriations to carry out this part for each fiscal year, 90 percent shall be used to make grants to eligible States described in section 2502(d)(1) that submit an application that the Attorney General, acting through the Director of the Bureau of Justice Statistics, determines to be satisfactory in accordance with the following formula: ``(1) the greater of 0.25 percent of that amount or $250,000 shall be allocated to each eligible State; and ``(2) of the total amount remaining after the allocation under paragraph (1) (referred to in this paragraph as the `remaining funds'), there shall be allocated to each State an amount which bears the same ratio to the remaining funds as the population of that State bears to the population of all States. ``(b) Discretionary Grants.--Of the total amount made available to carry out this part for each fiscal year, 10 percent shall be used by the Attorney General, acting through the Director of the Bureau of Justice Statistics, for grants to States and units of local government that submit an application that the Attorney General, acting through the Director, determines to meet the requirements of section 2502(d)(2). ``(c) Contracting Authority.--A State that receives a grant under this section may enter into a contract with a person or entity to carry out an activity that is related to a purpose specified in section 2502(b). ``SEC. 2504. FUNDING SOURCE. ``Appropriations for activities authorized in this part may be made from the Violent Crime Reduction Trust Fund.''. (b) Conforming Amendment.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``Part Y--Incentive Grants for State and Local Criminal Records Systems ``Sec. 2501. Definition. ``Sec. 2502. Incentive grants. ``Sec. 2503. Allocation of grants. ``Sec. 2504. Funding source. ``Part Z--Transition-Effective Date-Repealer ``Sec. 2601. Continuation of rules, authorities, and proceedings.''. (c) Authorization of Appropriations.--Section 1001 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended-- (1) in paragraph (3), by striking ``and X'' and inserting ``X, and Y''; and (2) by adding at the end the following: ``(23) There are authorized to be appropriated to carry out part Y-- ``(A) $50,000,000 for fiscal year 1998; ``(B) $50,000,000 for fiscal year 1999; ``(C) $50,000,000 for fiscal year 2000; ``(D) $50,000,000 for fiscal year 2001; and ``(E) $50,000,000 for fiscal year 2002.''.

Summary: Violent Juvenile Criminal Records Act of 1997 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General to make incentive grants to States and local governments to: (1) establish programs to obtain fingerprints and photographs of juveniles arrested for certain violent or serious criminal offenses; and (2) establish, develop, update, or upgrade the criminal history records of such entities to include arrest, detention, and disposition records, fingerprints, photographs, and (if used) barcodes for juveniles arrested or detained for such offenses. Requires such information to be submitted to the Federal Bureau of Investigation for access in the same manner as records for adult criminal histories. Provides for: (1) grant application requirements; (2) the allocation of grant funds according to a specified formula; (3) appropriations for such activities through the Violent Crime Reduction Trust Fund; and (4) the authorization of appropriations for FY 1998 through 2002.


SECTION 1. NONREFUNDABLE CREDIT FOR MENTORING AND HOUSING YOUNG ADULTS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. MENTORING AND HOUSING CERTAIN YOUNG ADULTS. ``(a) Allowance of Credit.--In the case of a taxpayer who is a qualified mentor, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year with respect to each qualifying mentored individual by the taxpayer an amount equal to $1,000. ``(b) Limitations.-- ``(1) Proration of credit for years in which individual attains age 18 and 21.--In the case of a qualifying mentored individual who attains age 18 or 21 during the taxable year, the credit allowed under subsection (a) shall be the amount specified in subsection (a) multiplied by a fraction, the numerator of which is the number of days in the taxable year such individual is 18 or 20 (as the case may be) and the denominator of which is the number of days in the taxable year. ``(2) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section) and section 27 for the taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified mentor.--The term `qualified mentor' means an individual-- ``(A) who attained the age of 21 before the beginning of the taxable year, ``(B) with respect to whom any agency certified by the State (including a private mentoring agency and governmental mentoring agency) in which the taxpayer has his principle place of abode to provide or facilitate mentoring services has placed a qualifying mentored individual, and ``(C) who is in compliance with the mentoring requirements of such agency or State with respect to the qualifying mentored individual. ``(2) Mentoring requirements.--The term `mentoring requirements' includes participating in a one-on-one relationship as a positive role model with a qualifying mentored individual and involves meetings and activities on not less than a monthly basis. ``(3) Qualifying mentored individual.--The term `qualifying mentored individual' means an individual who-- ``(A) has attained the age of 18 as of the close of the taxable year but did not attain age 22 during the taxable year, ``(B) as of the day before the date on which the individual attained the age of 18, was placed by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction, and ``(C) has the same principal place of abode as the taxpayer for more than one-half of such taxable year. ``(d) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to a qualifying mentored individual unless the taxpayer includes the name and taxpayer identification number of such qualifying mentored individual on the return of tax for the taxable year. ``(e) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months.''. (b) Conforming Amendments.-- (1) Section 23(b)(4)(B) of such Code is amended by striking ``section 25D'' and inserting ``sections 25D and 25E''. (2) Section 24(b)(3)(B) of such Code is amended by inserting ``25E,'' after ``25D,''. (3) Section 25B(g)(2) of such Code is amended by inserting ``25E,'' after ``25D,''. (4) Section 25D(c)(1)(B) of such Code is amended by inserting ``and section 25E'' after ``this section''. (5) Section 26(a)(1) of such Code is amended by inserting ``25E,'' after ``25D,''. (6) Section 30(c)(2)(B)(ii) of such Code is amended by inserting ``25E,'' after ``25D,''. (7) Section 30B(i)(2)(B)(ii) of such Code is amended by inserting ``25E,'' after ``25D,''. (8) Section 30D(d)(2)(B)(ii) of such Code is amended by striking ``23 and 25D'' and inserting ``23, 25D, and 25E''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Mentoring and housing certain young adults.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Summary: Amends the Internal Revenue Code to allow a tax credit to individuals who provide mentoring services to young adults between the ages of 18 and 22. Requires such individuals to participate in a one-on-one relationship as a positive role model with such young adults and to conduct meetings and activities with them on not less than a monthly basis.


SECTION 1. AVIATION TAX REVENUES TO MATCH AIRPORT AND AIRWAY TRUST FUND EXPENDITURES. (a) In General.--Part III of subchapter C of chapter 33 of the Internal Revenue Code of 1986 (relating to special provisions applicable to taxes on transportation by air) is amended by adding at the end the following new section: ``SEC. 4283. AVIATION TAX REVENUES TO MATCH AIRPORT AND AIRWAY TRUST FUND EXPENDITURES. ``(a) General Rule.--Except as provided by subsection (b), if the aviation tax rates prescribed by the Secretary under this section for any fiscal year are greater than or less than the otherwise applicable rates of the aviation taxes, the rates so prescribed shall apply for such year in lieu of the otherwise applicable rates. ``(b) Limitation on Rates.--In no event may the Secretary prescribe rates under subsection (a) which are greater than-- ``(1) ____ per gallon in the case of the tax imposed by section 4081(a)(2)(A)(ii) (relating to aviation gasoline), ``(2) ____ cents per gallon in the case of the tax imposed by section 4091 (relating to aviation fuel), ``(3) ____ percent and ____ percent, respectively, of the amount paid in the case of the taxes imposed by sections 4261 and 4271 (relating to transportation of persons and property by air), other than the tax imposed by section 4261(c), and ``(4) $____ on any amount paid in the case of the tax imposed by section 4261(c) (relating to use of international travel facilities). ``(c) Determination of Aviation Tax Rates.-- ``(1) In general.--Not later than September 1 of each calendar year, the Secretary shall prescribe the aviation tax rates for the fiscal year which begins during such calendar year. ``(2) Method of determining rates.--The aviation tax rates prescribed by the Secretary for any fiscal year shall be rates which the Secretary estimates will result in aggregate aviation tax revenues during such fiscal year equal to the aggregate aviation expenditures during the preceding fiscal year. Proper adjustments shall be made in the estimate under the preceding sentence to the extent that aggregate aviation tax revenues during any prior fiscal year (beginning after September 30, 1996) were greater than or less than the aggregate aviation expenditures for such prior fiscal year. Such adjustments shall be made consistent with Congressional Budget Office scoring procedures and shall be revenue neutral. ``(3) Proportionality of rates maintained.--Each aviation tax rate prescribed by the Secretary under this section shall be the rate which results in the same proportion of the aggregate aviation tax revenues for the fiscal year as the proportion of the aggregate aviation tax revenues for such fiscal year which would have resulted from the otherwise applicable rate. ``(d) Definitions.--For purposes of this section-- ``(1) Aviation taxes.--The term `aviation taxes' means-- ``(A) the taxes imposed by subsections (c) and (e) of section 4041, ``(B) the tax imposed by section 4081(a)(2)(A)(ii) to the extent attributable to the Airport and Airway Trust Fund financing rate (as defined in section 9502(f)), ``(C) the tax imposed by section 4091 to the extent attributable to the Airport and Airway Trust Fund financing rate (as defined in section 9502(f)), and ``(D) the taxes imposed by sections 4261 and 4271. ``(2) Aviation tax revenues.--The term `aviation tax revenues' means, with respect to any fiscal year, the aggregate amount deposited into the Airport and Airway Trust Fund during such year by reason of section 9502(b), reduced by transfers from such Trust Fund during such year under paragraphs (2), (3), and (5) of section 9502(d). ``(3) Aviation expenditures.--The term `aviation expenditures' means, with respect to any fiscal year, the aggregate budget authority for such year for expenditures from the Airport and Airway Trust Fund, combined with contract authority for such year (to the extent of any limitation on obligations) for expenditures from the Airport and Airway Trust Fund.'' (b) Other Amendments.-- (1) Paragraph (2) of section 9502(b) of such Code is amended by striking ``under section 4081'' and all that follows and inserting ``under section 4081 with respect to aviation gasoline (to the extent attributable to the Airport and Airway Trust Fund financing rate);''. (2) Paragraph (1) of section 9502(f) of such Code is amended to read as follows: ``(1) In general.--Except as otherwise provided in this subsection, the Airport and Airway Trust Fund financing rate is-- ``(A) in the case of aviation gasoline subject to tax under section 4081, 15 cents per gallon (unless otherwise prescribed by the Secretary), ``(B) in the case of fuel used in an aircraft in noncommercial aviation (as defined in section 4041(c)(4)), 17.5 cents per gallon (unless otherwise prescribed by the Secretary), and ``(C) in the case of fuel used in an aircraft other than in noncommercial aviation (as so defined), zero.'' (c) Clerical Amendment.--The table of sections for part III of subchapter C of chapter 33 of such Code is amended by adding at the end the following new item: ``Sec. 4283. Aviation tax revenues to match Airport and Airway Trust Fund expenditures.'' SEC. 2. ESTABLISHMENT OF ANNUAL RESERVE ACCOUNT IN AIRPORT AND AIRWAY TRUST FUND. Section 9502 of the Internal Revenue Code of 1986 (relating to the Airport and Airway Trust Fund) is amended by adding at the end the following new subsection: ``(g) Establishment of Annual Reserve Account.-- ``(1) Creation of account.--There is established in the Airport and Airway Trust Fund a separate account to be known as the `Annual Reserve Account' consisting of such amounts as may be transferred or credited to the Annual Reserve Account as provided in this subsection or section 9602(b). ``(2) Transfers to annual reserve account.--The Secretary of the Treasury shall transfer to the Annual Reserve Account any portion of the amounts appropriated to the Airport and Airway Trust Fund under subsection (b) which is attributable to tax rates prescribed under section 4283(a) which are greater than the otherwise applicable rates of the aviation taxes prescribed for the prior fiscal year. For the purposes of the preceding sentence, the term `aviation taxes' has the meaning such term has under section 4283(d)(1). ``(3) Expenditures from annual reserve account.--Amounts in the Annual Reserve Account shall be available, as provided by appropriation Acts, for the same purposes as amounts in the Airport and Airway Trust Fund are available under subsection (d). ``(4) Budgetary treatment of annual reserve account.-- Notwithstanding any other provision of law except the Line Item Veto Act of 1996, the annual receipts and disbursements of the Annual Reserve Account-- ``(A) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- ``(i) the budget of the United States Government as submitted by the President, ``(ii) the congressional budget (including allocations of budget authority and outlays provided therein), or ``(iii) the Balanced Budget and Emergency Deficit Control Act of 1985; and ``(B) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government.'' SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to fiscal years beginning after September 30, 1996.

Summary: Amends the Internal Revenue Code to: (1) provide that the amount of fiscal year aviation excise taxes shall match Airport and Airway Trust Fund expenditures; (2) require annual aviation tax rate determinations by a specified date; and (3) establish in such Fund an Annual Reserve Account.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Implements of Torture Export Control Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) In 1984, the United Nations General Assembly adopted the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. The United States ratified the Convention in 1994, which defines torture as acts deliberately perpetrated by or with the approval of government officials, which are designed to inflict extreme physical or psychological suffering. (2) Torture has devastating, long-term consequences, not only for survivors, but also for their families, friends, and communities. Survivors' relationships with others suffer greatly because of the distrust and sense of alienation from humanity that the torture has engendered. (3) Amnesty International reports that there are over 117 countries in the world which engage in or condone torture. It is estimated that over 500,000 victims of foreign governmental torture live in the United States. (4) Mechanical restraints, such as handcuffs, leg irons, shackles, and thumbcuffs, are some of the most widely used security devices; they are also widely abused as implements of torture. (5) Equipment designed for legitimate law enforcement purposes can be misused to suppress freedom and commit human rights violations, particularly in countries where police authorities are used to monitor and harass human rights activists, opposition political figures, and others and where there are political or free expression ``crimes''. (6) Many devices intended for crime control purposes, such as electro-shock discharge devices, are especially susceptible to abuse as implements of torture. SEC. 3. DEFINITIONS. In this Act: (1) Major non-nato allies.--The term ``major non-NATO ally'' means any country designated as a major non-Nato ally under section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k). (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (3) Act of torture.--The term ``act of torture'' means any act committed by a person acting under the color of law that is specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to a lawful sanction) upon another person within the custody or physical control of the person performing the act. (4) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations of the House and the Committee on Foreign Relations and the Committee on Banking, Housing and Urban Affairs of the Senate. SEC. 4. LICENSING OF CRIME CONTROL EQUIPMENT. (a) In General.--Except as provided in subsection (b), crime control and detection instruments and equipment shall not be approved for export by the Secretary except pursuant to an individual export license. (b) Exception.--Subsection (a) shall not apply to exports to any country that is a member of the North Atlantic Treaty Organization or is a major non-NATO ally. SEC. 5. LIMITATION ON EXPORTS. (a) In General.-- (1) Country restriction.--The Secretary shall not approve the export to a country of the following items if the government of that country, or any group supported by or acting on behalf of that government, as determined by the Secretary of State, has repeatedly engaged in acts of torture: (A) Crime control and detection instruments. (B) Equipment especially susceptible to abuse as implements of torture. (2) Determination by the secretary of state.--The Secretary may not permit the export to any country of any item to which paragraph (1) applies unless and until the Secretary of State determines that the government of that country, and, if applicable, any group supported by or acting on behalf of that government, has not repeatedly engaged in acts of torture for the 12-month period preceding the date of the application to export the item. (b) End-User Exception.--Notwithstanding subsection (a), the Secretary, with the concurrence of the Secretary of State, may approve the export of any item to which subsection (a) applies if the Secretary of State determines that the end user of the item proposed for export has not engaged in acts of torture. (c) Notification.-- (1) Determinations under subsection (a)(2).--The Secretary of State shall, not later than 5 days after a determination under subsection (a)(2) is made, report that determination to the appropriate congressional committees. (2) Licenses under subsection (b).--If an export license is approved under subsection (b), the Secretary and the Secretary of State shall, within 5 days after the granting of the export license, notify the appropriate congressional committees of the identity of the end-user and the determination made by the Secretary of State under that subsection with respect to the end user. SEC. 6. PROHIBITION ON EXPORT. Notwithstanding any other provision of this Act, the export of the following items shall be prohibited to all destinations: (1) Any leg irons, handcuffs, and thumbcuffs that have sharp or serrated edges. (2) Saps, blackjacks, brass knuckles, and other easily concealed devices designed to administer severe blows to the body. (3) Electroshock stun belts. (4) Items specially designed as implements of torture. (5) Batons or clubs fitted with spikes or other hard protuberances. (6) Components produced for incorporation into these items and the technology used for the development or production of these items. SEC. 7. ESTABLISHMENT OF CONTROL LIST. The Secretary shall establish and maintain, with the concurrence of the Secretary of State, a list of-- (1) crime control and detection instruments; and (2) equipment especially susceptible to abuse as implements of torture. The Secretary shall publish the list in the Federal Register. SEC. 8. EXPORT LICENSE REVIEW. (a) Consultation.--In addition to the Secretary of State, the Secretary shall ensure that the head of all appropriate agencies are fully consulted before an individual export license is granted under section 4. (b) Role of Secretary of State.-- (1) Review of license.--Any determination by the Secretary to approve or deny an export license application to export crime control or detection instruments or equipment shall be made in concurrence with the recommendations of the Secretary of State. (2) Review within the department of state.--The Secretary of State shall ensure that the responsible official of the Bureau of Democracy, Human Rights and Labor is fully involved in reviewing proposed export licenses under paragraph (1).

Summary: Implements of Torture Export Control Act of 2004 - Prohibits the Secretary of Commerce from approving crime control and detection instruments and equipment for export (except to any North Atlantic Treaty Organization (NATO) member or major non-NATO ally) unless pursuant to an individual export license. Prohibits the Secretary from approving the export of such instruments, and any equipment especially susceptible to abuse as implements of torture, to any country if its government, or any group supported by or acting on behalf of that government, has repeatedly engaged in acts of torture during the 12-month period preceding the date of the application to export the item. Authorizes the Secretary, notwithstanding such prohibitions, to approve the export of any such item if the Secretary of State determines that the end user has not engaged in acts of torture. Prohibits the export to all destinations of: (1) any leg irons, handcuffs, and thumbcuffs with sharp or serrated edges; (2) saps, blackjacks, brass knuckles, and other easily concealed devices designed to administer severe blows to the body; (3) electroshock stun belts; (4) items specially designed as implements of torture; (5) batons or clubs fitted with spikes or other hard protuberances; and (6) components produced for incorporation into these items and the technology used for the development or production of these items. Requires the Secretary shall establish and publish in the Federal Register a list of crime control and detection instruments, and equipment especially susceptible to abuse as implements of torture. Requires the Secretary to: (1) ensure that all appropriate agency heads are fully consulted before an individual export license for such an item is granted; and (2) approve or deny an export license application for such instruments or equipment only in concurrence with the recommendations of the Secretary of State.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard Investigations Transparency and Improvement Act of 2014''. SEC. 2. CODIFICATION IN LAW OF ESTABLISHMENT AND DUTIES OF THE OFFICE OF COMPLEX ADMINISTRATIVE INVESTIGATIONS IN THE NATIONAL GUARD BUREAU. (a) In General.--There is in the Office of the Chief of the National Guard Bureau the Office of Complex Administrative Investigations (in this section referred to as the ``Office''). (b) Direction and Supervision.--The Office shall be under the direction and supervision of the Chief of the National Guard Bureau. (c) Duties.-- (1) In general.--The duties of the Office shall be to undertake complex administrative investigations of matters relating to members of the National Guard when in State status, including investigations of sexual assault involving a member of the National Guard in such status, upon the request of any of the following: (A) The Chief of the National Guard Bureau. (B) An adjutant general of a State or territory or the District of Columbia. (C) The governor of a State or territory, or the Commanding General of the National Guard of the District of Columbia. (2) Complex administrative investigations.--For purposes of this subsection, a complex administrative investigation is any investigation (as specified by the Chief of the National Guard Bureau for purposes of this section) involving factors giving rise to unusual complexity in investigation, including the following: (A) Questions of jurisdiction between the United States and a State or territory. (B) Matters requiring specialized training among investigating officers. (C) Matters raising the need for an independent investigation in order to ensure fairness and impartiality in investigation. (3) Matters relating to members of the national guard in state status.--The determination whether or not a matter relates to a member of the National Guard when in State status for purposes of this section shall be made by the Chief of the National Guard Bureau in accordance with criteria specified by the Chief of the National Guard Bureau for purposes of this section. (d) Chief of National Guard Bureau Treatment of Final Reports.--The Chief of the National Guard Bureau shall treat any final report of the Office on a matter under this section as if such report were the report of an Inspector General of the Department of Defense or a military department on such matter. (e) Reports to Congress.-- (1) Submittal of final reports to congressional delegations.--Upon the adoption by the Office of a final report on an investigation undertaken by the Office pursuant to this section, the Chief of the National Guard Bureau shall submit such report (with any personally identifying information appropriately redacted) to the members of Congress from the State or territory concerned. (2) Annual reports.--The Chief of the National Guard Bureau shall submit to Congress each year a report on the investigations undertaken by the Office pursuant to this section during the preceding year. Each report shall include, for the year covered by such report, the following: (A) A summary description of the investigations undertaken during such year, including any trends in matters subject to investigation and in findings as a result of investigations. (B) Information, set forth by State and territory, on the investigations undertaken during such year involving allegations of sexual assault involving a member of the National Guard. (C) Such other information and matters on the investigations undertaken during such year as the Chief of the National Guard Bureau considers appropriate. (f) Personnel and Other Capabilities.--The Chief of the National Guard Bureau shall ensure that the Office maintains the personnel and other capabilities necessary for the discharge of the duties of the Office under this section. (g) Procedures and Instructions.--The Chief of the National Guard Bureau shall issue, and may from time to time update, procedures and instructions necessary for the discharge of the duties of the Office under this section. (h) Repeal of Superseded Instruction.--Chief of the National Guard Bureau Instruction CNGBI 0400.01, dated July 30, 2012, shall have no further force or effect.

Summary: National Guard Investigations Transparency and Improvement Act of 2014 - Codifies the establishment of the Office of Complex Administrative Investigations (the Office) in the Office of the Chief of the National Guard Bureau. Requires the Office to undertake complex administrative investigations of matters relating to members of the National Guard when in state status, including investigations of sexual assault, upon the request of: (1) the Chief; (2) an adjutant general of a state, a territory, or the District of Columbia; (3) a governor of a state or territory; or (4) the Commanding General of the National Guard of the District of Columbia. Defines "complex administrative investigation" as any investigation specified by the Chief involving factors giving rise to unusual complexity, including: (1) questions of jurisdiction between the United States and a state or territory, (2) matters requiring specialized training among investigating officers, or (3) matters raising the need for an independent investigation to ensure fairness and impartiality. Requires the Chief to treat any final report of the Office relating to such matters as if it were the report of an inspector general of the Department of Defense (DOD) or a military department. Directs the Chief to submit to Members of Congress from the state or territory concerned the final report adopted by the Office regarding such an investigation. Requires the Chief to submit to Congress an annual report regarding all investigations undertaken by the Office during the preceding year.


SECTION 1. AUTHORIZATION OF USE OF COOPERATIVE THREAT REDUCTION FUNDS FOR PROJECTS AND ACTIVITIES OUTSIDE THE FORMER SOVIET UNION. (a) Purpose.--The purpose of this section is to authorize the use of Cooperative Threat Reduction funds for proliferation threat reduction projects and activities outside the former Soviet Union in order to resolve critical emerging proliferation threats and to take advantage of opportunities to achieve long-standing United States nonproliferation goals. (b) Cooperative Threat Reduction Programs and Funds.--For purposes of this section: (1) Cooperative Threat Reduction programs are-- (A) the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note); and (B) any other similar programs, as designated by the Secretary, to address critical emerging proliferation threats in the states of the former Soviet Union that jeopardize United States national security. (2) Cooperative Threat Reduction funds, for a fiscal year, are the funds authorized to be appropriated for Cooperative Threat Reduction programs for that fiscal year. (c) Authorization of Use of CTR Funds for Threat Reduction Activities Outside the Former Soviet Union.--(1) Notwithstanding any other provision of law and subject to the succeeding provisions of this section, the Secretary of Defense may obligate and expend Cooperative Threat Reduction funds for a fiscal year before fiscal year 2003 that remain available for obligation as of the date of the enactment of this Act for proliferation threat reduction projects and activities outside the states of the former Soviet Union if the Secretary determines that such projects and activities will-- (A) assist the United States in the resolution of critical emerging proliferation threats; or (B) permit the United States to take advantage of opportunities to achieve long-standing United States nonproliferation goals. (2) The amount that may be obligated under paragraph (1) for projects and activities described in that paragraph may not exceed $50,000,000. (d) Authorized Uses of Funds.--The authority under subsection (c) to obligate and expend Cooperative Threat Reduction funds for a project or activity includes authority to provide equipment, goods, and services for the project or activity, but does not include authority to provide cash directly to the project or activity. (e) Source and Replacement of Funds Used.--(1) The Secretary shall, to the maximum extent practicable, ensure that funds for projects and activities under subsection (c) are derived from funds that would otherwise be obligated for a range of Cooperative Threat Reduction programs, so that no particular Cooperative Threat Reduction program is the exclusive or predominate source of funds for such projects and activities. (2) If the Secretary obligates Cooperative Threat Reduction funds under subsection (c) in a fiscal year, the first budget of the President that is submitted under section 1105(a) of title 31, United States Code, after such fiscal year shall set forth, in addition to any other amounts requested for Cooperative Threat Reduction programs in the fiscal year covered by such budget, a request for Cooperative Threat Reduction funds in the fiscal year covered by such budget in an amount equal to the amount so obligated. The request shall also set forth the Cooperative Threat Reduction program or programs for which such funds would otherwise have been obligated, but for obligation under subsection (c). (3) Amounts authorized to be appropriated pursuant to a request under paragraph (2) shall be available only for the Cooperative Threat Reduction program or programs set forth in the request under the second sentence of that paragraph. (f) Limitation on Obligation of Funds.--Except as provided in subsection (g), the Secretary may not obligate and expend Cooperative Threat Reduction funds for a project or activity under subsection (c) until 30 days after the date on which the Secretary submits to Congress a report on the purpose for which the funds will be obligated and expended, and the amount of the funds to be obligated and expended. (g) Exception.--(1) The Secretary may obligate and expend Cooperative Threat Reduction funds for a project or activity under subsection (c) without regard to subsection (f) if the Secretary determines that a critical emerging proliferation threat warrants immediate obligation and expenditure of such funds. (2) Not later than 72 hours after first obligating funds for a project or activity under paragraph (1), the Secretary shall submit to the appropriate congressional officials a report containing a detailed justification for the obligation of funds. The report on a project or activity shall include the following: (A) A description of the critical emerging proliferation threat to be addressed, or the long-standing United States nonproliferation goal to be achieved, by the project or activity. (B) A description of the agreement, if any, under which the funds will be used, including whether or not the agreement provides that the funds will not be used for purposes contrary to the national security interests of the United States. (C) A description of the contracting process, if any, that will be used in the implementation of the project or activity. (D) An analysis of the effect of the obligation of funds for the project or activity on ongoing Cooperative Threat Reduction programs. (E) An analysis of the need for additional or follow-up threat reduction assistance, including whether or not the need for such assistance justifies the establishment of a new cooperative threat reduction program or programs to account for such assistance. (F) A description of the mechanisms to be used by the Secretary to assure that proper audits and examinations of the project or activity are carried out. (3) In this subsection, the term ``appropriate congressional officials'' means-- (A) the Speaker of the House of Representatives; (B) the President pro tempore of the Senate; (C) the Chairmen and Ranking Members of the Committees on Armed Services of the Senate and House of Representatives; (D) the Chairmen and Ranking Members of the Committees on Appropriations of the Senate and House of Representatives; (E) the Chairman and Ranking Member of the Committee on Foreign Relations of the Senate; (F) the Chairman and Ranking Member of the Committee on International Relations of the House of Representatives; (G) the Chairman and Vice Chairman of the Select Committee on Intelligence of the Senate; and (H) the Chairman and Vice Chairman of the Permanent Select Committee on Intelligence of the House of Representatives. (h) Report on Establishment of New Cooperative Threat Reduction Programs.--(1) If the Secretary employs the authority in subsection (c) in two consecutive fiscal years, the Secretary shall submit to Congress a report on the advisability of establishing one or more new cooperative threat reduction programs to account for projects and activities funded using such authority. (2) The report required by paragraph (1) shall be submitted along with the budget justification materials in support of the Department of Defense budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) in the first budget submitted after the end of the two consecutive fiscal years referred to in that paragraph.

Summary: Authorizes the Secretary of Defense to expend up to $50 million for a fiscal year in Cooperative Threat Reduction funds to prevent proliferation of nuclear, chemical and other weapons outside the former Soviet Union, where allocation of such funds is currently limited to. Specifies that such expenditures may occur if determined that certain projects or activities will assist the United States in dealing with critical emerging proliferation threats or in achieving long-standing nonproliferation goals. Determines that such funds may go only to equipment, goods and services and cannot be spent directly on a project or activity.Directs the President to include in a given year's budget a request for funds distributed under the Act during the last fiscal year with a description of what projects would otherwise have been funded. Sets a time frame for the Secretary to inform Congress of what funds will be used for. Contains a provision for emergency distribution of funds to meet a critical emerging proliferation threat or a nonproliferation goal that requires such allocation.Requires the Secretary to report to Congress on the advisability of establishing one or more new cooperative threat reduction programs to account for projects or activities for which emergency distribution of funds were distributed under the Act or that were funded under the Act two years in a row.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Television and Radio Program Violence Reduction Act of 1993''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Television and radio programming are bringing ever- increasing levels of violent programming into the American home. Over 25 percent of prime-time television shows contain `very violent' material, according to the National Coalition on Television Violence. (2) Prime time violence tripled during the 1980's, the American Academy of Pediatrics reports. (3) Programs developed for children are especially violent. A University of Pennsylvania study found that children's programming contains over 30 violent acts per hour. (4) Before the average child finishes grade school, he or she sees 8,000 murders and 100,000 acts of violence on television. (5) Numerous academic studies have built up astonishing evidence that shows children tend to imitate the behavior they see on television. The National Institute of Mental Health finds that violence on television leads to aggressive behavior by children and teenagers who watch violent programs. (6) Three different Surgeons General, the Attorney General's Task Force on Family Violence, the American Medical Association, the American Psychiatric Association, the American Academy of Pediatrics, and other authorities have all found that viewing televised violence is harmful to children. (7) Americans watch enormous amounts of television, and many children will watch television for twice as many hours (22,000 hours) as they attend school. (8) Many children watch violent television programs without adult supervision or guidance. (9) More than 20 years of research has led to a consensus that watching televised violence increases children's aggressiveness and desensitizes them to the effects and implications of violence, and the solidity of the agreement among respected scientists that televised violence is harmful nullifies arguments to the contrary by the television industry. (10) There is a need to find solutions that limit the harmful influence of television and radio violence and yet maintain our freedom of expression. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``violence'' means any action that has as an element the use or threatened use of physical force against the person of another, or against one's self, with intent to cause bodily harm to such person or one's self. For purposes of this Act, an action may involve violence regardless of whether or not such action or threat of action occurs in a realistic or serious context or in a humorous or cartoon type context. (2) The term ``programming'' includes cartoons. (3) The term ``child'' or ``children'' means any individual or individuals under 18 years of age. (4) The term ``person'' shall have the same meaning given that term under section 602(14) of the Communications Act of 1934 (47 U.S.C. 522(14)). (5) The term ``cable operator'' shall have the same meaning given that term under section 602(4) of the Communications Act of 1934 (47 U.S.C. 522(4)). (6) The term ``cable service'' shall have the same meaning given that term under section 602(5) of the Communications Act of 1934 (47 U.S.C. 522(5)). (7) The term ``television or radio broadcast licensee'' means a ``licensee'' as defined in section 3(c) of the Communications Act of 1934 (47 U.S.C. 153(c)) authorized to engage in television or radio broadcasting, including independent television broadcasting. (8) The term ``franchising authority'' shall have the same meaning given that term under section 602(10) of the Communications Act of 1934 (47 U.S.C. 522(10)). SEC. 4. RULEMAKING REQUIRED. (a) Standards.--The Federal Communications Commission shall, within 60 days after the date of the enactment of this section, initiate a rulemaking proceeding to prescribe standards applicable to television and radio broadcast licensees and cable operators providing cable service under a franchise granted by a franchising authority, requiring such television or radio broadcast licensees and cable operators, including cable programmers, to reduce the broadcasting of all video and audio programming which contains violence. (b) Final Standards.--The Commission shall, within 150 days following the date of the enactment of this Act, prescribe final standards in accordance with this section. SEC. 5. VIOLATIONS. (a) Violations.--If a person violates any rule or regulation issued or promulgated pursuant to section 3, the Federal Communications Commission shall, after notice and opportunity for hearing, impose on the person a civil fine of not more than $5,000. For purposes of this subsection, each program in violation constitutes a separate violation. (b) Intentional Violations.--If a person intentionally violates any rule or regulation issued or promulgated pursuant to section 3, the Federal Communications Commission shall, after notice and opportunity for hearing, impose on the person a civil fine of not less than $10,000 or more than $25,000. For purposes of this subsection, each program in violation constitutes a separate violation. (c) Repeated Violations.--If a person repeatedly violates any rule or regulation issued or promulgated pursuant to section 3, the Federal Communications Commission shall, after notice and opportunity for hearing, immediately repeal the person's broadcast license in the case of a broadcaster, and immediately repeal the person's satellite license in the case of the cable operator. SEC. 6. EXCEPTIONS FOR CERTAIN VIDEO PROGRAMMING. The Federal Communications Commission may exempt, as public interest requires, certain video and audio programming from the requirements of section 3, including news broadcasts, sporting events, educational programming and documentaries. SEC. 7. CONSIDERATION OF VIOLATIONS IN BROADCAST LICENSE RENEWAL. The Federal Communications Commission shall consider, among the elements in its review of an application for renewal of a television or radio broadcast license, including an independent television broadcaster, whether the licensee has complied with the standards required to be prescribed under section 3 of this Act.

Summary: Television and Radio Program Violence Reduction Act of 1993 - Requires the Federal Communications Commission (FCC) to prescribe standards requiring television and radio broadcast licensees and cable operators, including cable programmers, to reduce the broadcasting of all video and audio programming which contains violence. Authorizes the FCC to exempt, as public interest requires, certain video and audio programming, including news broadcasts, sporting events, educational programming, and documentaries. Directs the FCC to consider, in its review of an application for renewal of a television or radio broadcast license, whether the licensee has complied with this Act.


SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES PREMATURELY LIQUIDATED IN ERROR. (a) In General.--Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520), or any other provision of law, the United States Customs Service shall, not later than 90 days after the date of the enactment of this Act, reliquidate those entries described in subsection (c), in accordance with the final decision of the International Trade Administration of the Department of Commerce, and the final results of the administrative reviews, for entries made on or after December 1, 1993 and before April 1, 2001. (b) Payment of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry under subsection (a) shall be paid by the Customs Service within 90 days after such liquidation or reliquidation. (c) Entry List.--The entries referred to in subsection (a), are as follows: Entry number Date of entry Date of liquidation 669-26046013 02/09/94 07/12/96 112-62707166 02/12/94 05/14/99 669-26046716 03/05/94 07/12/96 669-26046997 03/16/94 07/12/96 669-26047094 03/22/94 07/12/96 669-26047508 04/03/94 07/12/96 225-41000430 04/11/94 07/29/94 669-26047862 04/19/94 07/12/96 669-26048027 04/22/94 07/12/96 669-26048050 04/22/94 07/12/96 669-26048068 04/22/94 07/12/96 669-26049199 06/05/94 07/12/96 051-01380045 06/14/94 06/21/96 225-21019541 07/02/94 Unknown 669-26050742 07/20/94 07/12/96 669-26051294 08/16/94 07/19/96 669-26051377 08/17/94 07/12/96 669-26051401 08/23/94 07/19/96 051-01378452 09/01/94 08/16/96 669-26051906 09/06/94 07/19/96 669-26052714 10/05/94 07/19/96 669-26054629 01/02/95 07/12/96 669-26054918 01/21/95 07/12/96 669-00985582 02/17/95 09/17/99 225-41030148 05/01/95 01/20/95 112-85106669 06/07/95 02/25/00 112-80968196 08/03/95 11/17/95 669-26059347 09/02/95 07/12/96 112-79650961 09/27/95 12/29/95 669-28017335 10/06/95 06/14/96 112-05038720 05/01/96 08/02/96 112-17629326 01/06/97 04/18/97 112-17629326 03/12/97 04/18/97 669-01225053 06/12/97 10/15/99 669-01223637 06/25/97 10/08/99 669-01225418 06/25/97 10/08/99 669-01225913 06/27/97 10/08/99 669-01227380 07/03/97 10/08/99 669-01232166 07/07/97 10/08/99 669-01230533 07/09/97 10/08/99 669-01236357 07/30/97 10/08/99 100-47966294 08/08/97 08/26/99 669-01241811 08/13/97 10/08/99 669-01245838 08/27/97 10/08/99 669-01247933 09/04/97 10/15/99 669-01251448 09/21/97 10/08/99 669-01254020 09/24/97 10/08/99 669-01256801 10/01/97 10/08/99 669-01259466 10/15/97 10/08/99 669-01260753 10/15/97 10/08/99 669-01261363 10/16/97 10/08/99 669-01262650 10/22/97 10/08/99 669-01263856 10/24/97 10/08/99 669-01267337 11/06/97 10/08/99 669-01269200 11/12/97 10/08/99 669-01271784 11/20/97 10/08/99 669-01271800 11/23/97 10/08/99 669-01272907 11/30/97 10/08/99 669-01273673 11/30/97 10/08/99 669-01274119 11/30/97 10/08/99 669-01276585 12/04/97 10/08/99 669-01278763 12/14/97 10/15/99 669-01283441 12/30/97 10/08/99 669-01296948 01/09/98 10/08/99 669-01292186 01/22/98 10/08/99 669-04201964 01/23/98 10/08/99 112-14206987 01/23/98 02/22/99 669-01295130 02/01/98 10/08/99 669-01296955 02/05/98 10/08/99 669-01297649 02/12/98 10/08/99 669-01298530 02/12/98 10/08/99 669-01302126 02/21/98 10/08/99 669-01302134 02/21/98 10/08/99 669-01302530 02/21/98 10/08/99 669-01303546 02/21/98 10/08/99 669-01304569 02/27/98 10/08/99 669-01305947 03/05/98 10/08/99 669-01306978 03/07/98 10/08/99 669-01306986 03/07/98 10/08/99 669-01307554 03/12/98 10/08/99 669-01312711 03/14/98 10/08/99 669-28050047 03/20/98 04/02/99 669-01312703 03/21/98 10/08/99 669-01318072 04/07/98 10/08/99 669-01324781 04/24/98 10/08/99 669-01325218 04/25/98 10/08/99 669-01327586 04/30/98 10/08/99 669-01330283 May-98 10/08/99 669-01332081 May-98 10/08/99 112-35098876 05/08/98 04/02/99 669-01332081 05/16/98 10/08/99 669-01335357 05/26/98 10/08/99 700-07050910 05/30/98 03/24/00 110-54366892 06/03/98 04/16/99 112-38590861 09/09/98 07/23/99 110-71159908 03/04/99 02/23/01 112-01742119 04/20/99 08/09/96 110-64694523 10/07/99 10/01/99 225-21606420 11/18/00 11/13/00 700-07505228 01/12/01 03/16/01

Summary: Requires the Customs Service to reliquidate certain entries prematurely liquidated and to refund any amounts owed.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Depository Institution Consumer Protection Act of 1997''. SEC. 2. CONSUMER PROTECTION REGULATIONS REQUIRED. (a) In General.--The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at the end the following new section: ``SEC. 45. CONSUMER PROTECTION REGULATIONS. ``(a) Regulations Required.-- ``(1) In general.--Each Federal banking agency shall prescribe and publish in final form not later than six months after the date of enactment of this section of consumer protection regulations which-- ``(A) apply to sales, solicitations, advertising or offers of any nondeposit product by any retail depository institution, any affiliate or subsidiary of a retail depository institution, or any person who is engaged in such activities at an office of the institution or on behalf of the institution; and ``(B) meet the requirements of this section and provide such additional protections for consumers to whom such sales, solicitations, advertising or offers are directed as the agency determines to be appropriate. ``(2) Consultation and joint regulations.--The Federal banking agencies shall consult with each other and the SEC regarding the regulations required to be prescribed pursuant to paragraph (1) and to the greatest extent practicable shall prescribe such regulations jointly. ``(3) Nondeposit product defined.--For purposes of this section, the term `nondeposit product'-- ``(A) means any investment and insurance product which is not an insured deposit; ``(B) includes shares issued by a registered investment company; and ``(C) does not include-- ``(i) any loan or any other extension of credit by an insured depository institution; ``(ii) any letter of credit; or ``(iii) any other instrument or insurance or investment product specifically excluded from the definition of such term by regulations prescribed jointly by the Federal banking agencies, to the extent necessary to carry out the purpose of this Act. ``(b) Sales Practices.--The regulations prescribed pursuant to subsection (a) shall include the following provisions relating to sales practices in connection with the sale of nondeposit products: ``(1) Anticoercion rules.-- ``(A) In general.--Anticoercion rules prohibiting depository institutions from making any extension of credit conditional upon: ``(i) the purchase of a nondeposit product from the same retail depository institutions, or an affiliate, subsidiary or agent of that retail depository institution; or ``(ii) an agreement by the consumer not to obtain, or a prohibition on the consumer from obtaining, a nondeposit product from an unaffiliated entity. ``(B) Product marketing.--Specific rules prohibiting depository institutions, or their affiliates, subsidiaries or agents from marketing nondeposit products to consumers while applications for extensions of credit from the depository institution are pending, unless such marketing is done by mail, separate and distinct from any processing, discussion or provision of information regarding the application for an extension of credit. ``(2) Suitability of product.-- ``(A) In general.--Standards to ensure that a nondeposit product sold to a consumer is suitable and appropriate for the consumer based on financial information disclosed by the consumer. ``(B) Rules of fair practice.--In prescribing the standards under subparagraph (A) with respect to the sale of investments, the Federal banking agencies shall take into account the Rules of Fair Practice of the National Association of Securities Dealers. ``(c) Disclosures and Advertising.--The regulations prescribed pursuant to subsection (a) shall include the following provisions relating to disclosures and advertising in connection with the sale of nondeposit products: ``(1)(A) Disclosures.--Requirements that the following disclosures be made orally and in writing before the completion of the sale and, additionally, in the case of subparagraph (iv), at the time of application for an extension of credit: ``(i) Uninsured status.--The product is not insured by the Federal Deposit Insurance Corporation or the United States Government. ``(ii) Insurance product.--In the case of an insurance policy which is sold by the retail depository institution, affiliate, subsidiary or other person as agent, the product is not guaranteed by the retail depository institution. ``(iii) Investment risk.--In the case of an investment product, there is an investment risk associated with the product, including possible loss of principal. ``(iv) Coercion.--The approval, by the retail depository institution, of an extension of credit may not be conditioned on: ``(I) the purchase of a nondeposit product which is sold by the retail depository institution, affiliate, or other person as agent; or ``(II) an agreement by the consumer not to obtain, or a prohibition on the consumer from obtaining, a nondeposit product from an unaffiliated entity. ``(B) Adjustments for alternative methods of purchase.--In prescribing the requirements under subparagraph (A), necessary adjustments shall be made for purchase in person, by telephone or by electronic media to provide for the most appropriate and complete form of disclosure. ``(C) Consumer acknowledgement.--A requirement that a retail depository institution shall require any person selling a nondeposit product at any office of, or on behalf of, the institution to obtain, at the time of the initial purchase by the consumer of such product, a separate statement, signed and dated by the consumer, which contains the declaration that the purchaser has received the disclosure required under this subsection with respect to such product. Notwithstanding any rule of evidence, written acknowledgement of receipt of any disclosures by a person to whom such information is required to be given does no more than create a rebuttable presumption of delivery thereof. ``(2) Prohibition on misrepresentations.--A prohibition on any practice, or any advertising, at any office of, or on behalf of, the retail depository institution which could mislead any person or otherwise cause a reasonable person to reach an erroneous belief with respect to-- ``(i) the uninsured nature of any nondeposit product sold, or offered for sale by the institution or any affiliate or agent of the institution; or ``(ii) the investment risk associated with any such product. ``(d) Separation of Banking and Nonbanking Activities.--The regulations prescribed pursuant to subsection (a) shall include such provisions as the Federal banking agencies consider appropriate to ensure that the acceptance of deposits or the extension of credit by a depository institution, are kept physically segregated from nondeposit product activity. These provisions should include at a minimum the following provisions: ``(1) Separate setting.--A clear delineation of the setting in which, and the circumstances under which, transactions involving nondeposit products may be effected, and referrals made, to ensure that such activity is conducted in a location physically segregated from the area where retail deposits are accepted, extensions of credit are granted or insured products are sold by or on behalf of a depository institution. ``(2) Certain persons prohibited from selling nondeposit products.--Standards prohibiting any person who accepts deposits from the public at any office of, or on behalf of, an insured depository institution from selling or offering to sell, or offering an opinion or investment advice on, any nondeposit product. ``(3) Referral.--Notwithstanding paragraph (2), the regulations shall include standards requiring that a person who accepts deposits from the public at any office of, or on behalf of, an insured depository institution may refer a customer who seeks to purchase, or seeks an opinion or investment advice on, any nondeposit product to a person who sells or provides opinions or investment advice on such product only if-- ``(A) the consumer explicitly requests such referral; and ``(B) the person who accepts deposits-- ``(i) does not solicit such request; ``(ii) discloses to the consumer that such product is not insured by the institution, the Federal Deposit Insurance Corporation, or the United States Government, or the institution; and ``(iii) does not receive any compensation for the referral. ``(4) Qualification requirements and training.--Standards prohibiting any depository institution from permitting any person to sell or offer for sale, or provide an opinion or investment advice about, any nondeposit product in any part of any office of the institution, or on behalf of the institution, unless such person-- ``(A) is registered with the Securities and Exchange Commission as a broker or dealer, as a representative of a broker or dealer, or as an investment adviser; or ``(B) meets qualification and training requirements which the Federal banking agencies jointly determine are equivalent to the training and qualification requirements applicable to a person who is registered with the Commission as a broker or dealer, as a representative of a broker or dealer, or as an investment adviser, as the case may be; or ``(C) in the case of insurance sales, is qualified in accordance with regulations promulgated by the Federal banking regulators or in accordance with state law, as appropriate. ``(5) Compensation programs.--Standards to ensure that compensation programs are not structured in such a way as to provide incentives for the referral or sales of nondeposit products that are not suitable or appropriate for the consumer. ``(e) Consumer Enforcement Mechanism.--The Federal banking regulators shall jointly establish a consumer enforcement mechanism for receiving and resolving within nine months of receipt of a written complaint non-frivolous consumer complaints involving an alleged violation of regulations issued under this section which shall: ``(1) involve an impartial decisionmaker; ``(2) allow consumers to recover from an institution that violates the regulations established under this section; ``(3) provide a written statement of the basis for any decision and a public record of the proceedings. ``(f) Use of Names of Depository Institutions.--No insured depository institution, and no affiliate of any insured depository institution, may use or permit any other person to use the name, title, or logo of such institution or any word or design which is the same as, or substantially similar to, the name, title, or logo of such institution in connection with any nondeposit product-- ``(1) which is offered for sale by the institution or affiliate or by any other person at any office, of, or on behalf of, the institution; or ``(2) with respect to which the institution, affiliate, or other person provides an opinion or advice. ``(g) Requirements Relating to Confidential Consumer Financial Information.--No retail depository institution shall disclose to any affiliate or subsidiary of that institution that is not a retail depository institution, and no affiliate of that company that is not an insured depository institution shall disclose to any other affiliate that is an insured depository institution or a subsidiary thereof, any information regarding transactions or experiences between a consumer and the depository institution affiliate or subsidiary in a position to disclose this information unless the consumer-- ``(1) has received clear and conspicuous disclosure that such information may be communicated among such persons; and ``(2) has had an opportunity, before such information is initially communicated, to direct that such information not be communicated among such persons. The provisions of the Fair Credit Reporting Act shall otherwise with regard to the sharing of information among affiliates; except that section 615(b)(2) of such Act shall apply without regard to section 615(b)(2)(C)(ii). ``(h) No Effect On Other Authority.-- ``(1) In general.--No provision of this section shall be construed as limiting or otherwise affecting-- ``(A) any authority of the Securities and Exchange Commission, any self-regulatory organization, the Municipal Securities Rulemaking Board, or the Secretary of the Treasury under any Federal securities law; ``(B) any authority of any State insurance commissioner or other State authority under any State insurance law; or ``(C) the applicability of any Federal securities law or State insurance law, or any regulation prescribed by the Commission, any self-regulatory organization, the Municipal Securities Rulemaking Board, the Secretary of the Treasury, or any State insurance commissioner or other State authority pursuant to any such law, to any person. ``(2) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Federal securities law.--The term `Federal securities law' has the meaning given to the term `securities laws' in section 3(a)(47) of the Securities Exchange Act of 1934. ``(B) Self-regulatory organization.--The term `self-regulatory organization' has the meaning given to such term in section 3(a)(26) of the Securities Exchange Act of 1934.''.

Summary: Depository Institution Consumer Protection Act of 1997 - Amends the Federal Deposit Insurance Act to require each Federal banking agency to prescribe consumer protection regulations pertaining to the sales, solicitations, advertising, or offers of a nondeposit product by a retail depository institution (including its affiliates, subsidiaries, and persons engaged in such activities at an institution office, or on its behalf). Encompasses within the ambit of such regulations: (1) anticoercion sales and product marketing rules; (2) product suitability; (3) mandatory disclosure of the non-insured and non-guaranteed status of a nondeposit product, including investment risks; (4) prohibition of misrepresentation; (5) physical segregation of banking and nonbanking activities; (6) sales personnel qualification requirements and training; and (7) the structuring of compensation programs with respect to nondeposit product referral or sales incentives. Directs Federal banking regulators to jointly establish a consumer enforcement mechanism for expeditious consumer complaint resolution. Proscribes the use of a deposit institution name or logo in connection with a nondeposit product serviced by such institution. Sets forth safeguards relating to confidential consumer financial information.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Chimney Rock National Monument Establishment Act''. SEC. 2. DEFINITIONS. In this Act: (1) National monument.--The term ``national monument'' means the Chimney Rock National Monument established by section 3(a). (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) State.--The term ``State'' means the State of Colorado. SEC. 3. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL MONUMENT. (a) Establishment.--There is established in the State the Chimney Rock National Monument-- (1) to preserve, protect, and restore the archeological, cultural, historic, geologic, hydrologic, natural, educational, and scenic resources of Chimney Rock and adjacent land; and (2) to provide for public interpretation and recreation consistent with the protection of the resources described in paragraph (1). (b) Boundaries.-- (1) In general.--The national monument shall consist of approximately 4,726 acres of land and interests in land, as generally depicted on the map entitled ``Boundary Map, Chimney Rock National Monument'' and dated January 5, 2010. (2) Minor adjustments.--The Secretary may make minor adjustments to the boundary of the national monument to reflect the inclusion of significant archeological resources discovered after the date of enactment of this Act on adjacent National Forest System land. (3) Availability of map.--The map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall-- (1) administer the national monument-- (A) in furtherance of the purposes for which the national monument was established; and (B) in accordance with-- (i) this Act; and (ii) any laws generally applicable to the National Forest System; and (2) allow only such uses of the national monument that the Secretary determines would further the purposes described in section 3(a). (b) Tribal Uses.-- (1) In general.--The Secretary shall administer the national monument in accordance with-- (A) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and (B) the policy described in Public Law 95-341 (commonly known as the ``American Indian Religious Freedom Act'') (42 U.S.C. 1996). (2) Traditional uses.--Subject to any terms and conditions the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the national monument by members of Indian tribes-- (A) for traditional ceremonies; and (B) as a source of traditional plants and other materials. (c) Vegetation Management.--The Secretary may carry out vegetation management treatments within the national monument, except that the harvesting of timber shall only be used if the Secretary determines that the harvesting is necessary for-- (1) ecosystem restoration in furtherance of section 3(a); or (2) the control of fire, insects, or diseases. (d) Motor Vehicles and Mountain Bikes.--The use of motor vehicles and mountain bikes in the national monument shall be limited to the roads and trails identified by the Secretary as appropriate for the use of motor vehicles and mountain bikes. (e) Grazing.--The Secretary shall permit grazing within the national monument, where established before the date of enactment of this Act-- (1) subject to all applicable laws (including regulations); and (2) consistent with the purposes described in section 3(a). (f) Utility Right-of-Way Upgrades.--Nothing in this Act precludes the Secretary from renewing or authorizing the upgrading of a utility right-of-way in existence as of the date of enactment of this Act through the national monument-- (1) in accordance with-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) any other applicable law; and (2) subject to such terms and conditions as the Secretary determines to be appropriate. (g) Education and Interpretive Center.--The Secretary may develop and construct an education and interpretive center to interpret the scientific and cultural resources of the national monument for the public. (h) Designation of Manager.-- (1) In general.--As soon as practicable after the management plan is developed under section 5(a), the Secretary shall designate an individual as manager of the national monument. (2) Other duties.--The manager designated under paragraph (1) shall not be precluded from fulfilling other responsibilities within the San Juan National Forest. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with Indian tribes with a cultural or historic tie to Chimney Rock, shall develop a management plan for the national monument. (b) Public Comment.--In developing the management plan, the Secretary shall provide an opportunity for public comment by-- (1) State and local governments; (2) tribal governments; and (3) any other interested organizations and individuals. SEC. 6. LAND ACQUISITION. The Secretary may acquire land and any interest in land within or adjacent to the boundary of the national monument by-- (1) purchase from willing sellers with donated or appropriated funds; (2) donation; or (3) exchange. SEC. 7. WITHDRAWAL. (a) In General.--Subject to valid existing rights, all Federal land within the national monument (including any land or interest in land acquired after the date of enactment of this Act) is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) subject to subsection (b), operation of the mineral leasing, mineral materials, and geothermal leasing laws. (b) Limitation.--Notwithstanding subsection (a)(3), the Federal land is not withdrawn for the purposes of issuance of gas pipeline rights-of-way within easements in existence as of the date of enactment of this Act. SEC. 8. EFFECT. (a) Water Rights.-- (1) In general.--Nothing in this Act affects any valid water rights, including water rights held by the United States. (2) Reserved water right.--The designation of the national monument does not create a Federal reserved water right. (b) Tribal Rights.--Nothing in this Act affects-- (1) the rights of any Indian tribe on Indian land; (2) any individually held trust land or Indian allotment; or (3) any treaty rights providing for nonexclusive access to or within the national monument by members of Indian tribes for traditional and cultural purposes. (c) Fish and Wildlife.--Nothing in this Act affects the jurisdiction of the State with respect to the management of fish and wildlife on public land in the State. (d) Adjacent Uses.--Nothing in this Act-- (1) creates a protective perimeter or buffer zone around the national monument; or (2) affects private property outside of the boundary of the national monument. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Summary: Chimney Rock National Monument Establishment Act - Designates the Chimney Rock National Monument in Colorado to preserve, protect, and restore the cultural, historic, natural, educational, and scenic resources of Chimney Rock and adjacent land and to provide for public interpretation and recreation consistent with the protection of such resources. Authorizes the Secretary of Agriculture (USDA) to make minor adjustments to the boundaries of the Monument to reflect the inclusion of significant archaeological resources discovered on adjacent National Forest System land. Permits only such uses of the Monument that would further the purposes specified above. Allows for continued use of the Monument by Indian tribes for traditional ceremonies and as a source of traditional plants and other materials. Authorizes the Secretary to carry out vegetation management treatments within the Monument, with the exception of timber harvesting which shall only be used when necessary for ecosystem restoration or the control of fire, insects, or diseases. Authorizes the construction of an education and interpretive center to interpret the Monument's scientific and cultural resources for the public. Requires the Secretary to develop a management plan for the Monument.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Health Care Planning Improvement Act of 2007''. SEC. 2. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH SERVICES. (a) In General.--Section 1814(a)(2) of the Social Security Act (42 U.S.C. 1395f(a)(2)), in the matter preceding subparagraph (A), is amended-- (1) by inserting ``(as those terms are defined in section 1861(aa)(5))'' after ``clinical nurse specialist''; and (2) by inserting ``, or in the case of services described in subparagraph (C), a physician, or a nurse practitioner or clinical nurse specialist who is working in collaboration with a physician in accordance with State law, or a certified nurse- midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician'' after ``collaboration with a physician''. (b) Conforming Amendments.--(1) Section 1814(a) of the Social Security Act (42 U.S.C. 1395f(a)) is amended-- (A) in paragraph (2)(C), by inserting ``, a nurse practitioner, a clinical nurse specialist, a certified nurse- midwife, or a physician assistant (as the case may be)'' after ``physician'' each place it appears; (B) in the second sentence, by striking ``or clinical nurse specialist'' and inserting ``clinical nurse specialist, certified nurse-midwife, or physician assistant''; (C) in the third sentence-- (i) by striking ``physician certification'' and inserting ``certification''; (ii) by inserting ``(or on January 1, 2008, in the case of regulations to implement the amendments made by section 2 of the Home Health Care Planning Improvement Act of 2007)'' after ``1981''; and (iii) by striking ``a physician who'' and inserting ``a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who''; and (D) in the fourth sentence, by inserting ``, nurse practitioner, clinical nurse specialist, certified nurse- midwife, or physician assistant'' after ``physician''. (2) Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a)) is amended-- (A) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by inserting ``or, in the case of services described in subparagraph (A), a physician, or a nurse practitioner or clinical nurse specialist (as those terms are defined in 1861(aa)(5)) who is working in collaboration with a physician in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician'' after ``a physician''; and (ii) in each of clauses (ii) and (iii) of subparagraph (A) by inserting ``, a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant (as the case may be)'' after ``physician''; (B) in the third sentence, by inserting ``, nurse practitioner, clinical nurse specialist, certified nurse- midwife, or physician assistant (as the case may be)'' after physician; (C) in the fourth sentence-- (i) by striking ``physician certification'' and inserting ``certification''; (ii) by inserting ``(or on January 1, 2008, in the case of regulations to implement the amendments made by section 2 of the Home Health Care Planning Improvement Act of 2007)'' after ``1981''; and (iii) by striking ``a physician who'' and inserting ``a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who''; and (D) in the fifth sentence, by inserting ``, nurse practitioner, clinical nurse specialist, certified nurse- midwife, or physician assistant'' after ``physician''. (3) Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (A) in subsection (m)-- (i) in the matter preceding paragraph (1)-- (I) by inserting ``a nurse practitioner or a clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in subsection (aa)(5))'' after ``physician'' the first place it appears; and (II) by inserting ``a nurse practitioner, a clinical nurse specialist, a certified nurse- midwife, or a physician assistant'' after ``physician'' the second place it appears; and (ii) in paragraph (3), by inserting ``a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant'' after ``physician''; and (B) in subsection (o)(2)-- (i) by inserting ``, nurse practitioners or clinical nurse specialists (as those terms are defined in subsection (aa)(5)), certified nurse-midwives (as defined in section 1861(gg)), or physician assistants (as defined in subsection (aa)(5))'' after ``physicians''; and (ii) by inserting ``, nurse practitioner, clinical nurse specialist, certified nurse-midwife, physician assistant,'' after ``physician''. (4) Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended-- (A) in subsection (c)(1), by inserting ``, the nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), the certified nurse-midwife (as defined in section 1861(gg)), or the physician assistant (as defined in section 1861(aa)(5)),'' after ``physician''; and (B) in subsection (e)-- (i) in paragraph (1)(A), by inserting ``, a nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in section 1861(aa)(5))'' after ``physician''; and (ii) in paragraph (2)-- (I) in the heading, by striking ``Physician certification'' and inserting ``Rule of construction regarding requirement for certification''; and (II) by striking ``physician''. (c) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2008.

Summary: Home Health Care Planning Improvement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to revise conditions of and limitations on payment for home health care services. Allows payment for home health services to Medicare beneficiaries by: (1) a nurse practitioner; (2) a clinical nurse specialist working in collaboration with a physician in accordance with state law; (3) a certified nurse-midwife; or (4) a physician assistant under a physician's supervision.