SECTION 1. SHORT TITLE. This Act may be cited as the ``Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians are descendants of, and political successors to, signatories of the 1836 Treaty of Washington and the 1855 Treaty of Detroit. (2) The Grand Traverse Band of Ottawa and Chippewa Indians, the Sault Ste. Marie Tribe of Chippewa Indians, and the Bay Mills Band of Chippewa Indians, whose members are also descendants of the signatories to the 1836 Treaty of Washington and the 1855 Treaty of Detroit, have been recognized by the Federal Government as distinct Indian tribes. (3) The Little Traverse Bay Bands of Odawa Indians consists of at least 1,000 eligible members who continue to reside close to their ancestral homeland as recognized in the Little Traverse Reservation in the 1836 Treaty of Washington and 1855 Treaty of Detroit, which area is now known as Emmet and Charlevoix Counties, Michigan. (4) The Little River Band of Ottawa Indians consists of at least 500 eligible members who continue to reside close to their ancestral homeland as recognized in the Manistee Reservation in the 1836 Treaty of Washington and reservation in the 1855 Treaty of Detroit, which area is now known as Manistee and Mason Counties, Michigan. (5) The Bands filed for reorganization of their existing tribal governments in 1935 under the Act of June 18, 1934 (25 U.S.C. et seq.; commonly referred to as the ``Indian Reorganization Act''). Federal agents who visited the Bands, including Commissioner of Indian Affairs, John Collier, attested to the continued social and political existence of the Bands and concluded that the Bands were eligible for reorganization. Due to a lack of Federal appropriations to implement the provisions of such Act, the Bands were denied the opportunity to reorganize. (6) In spite of such denial, the Bands continued their political and social existence with viable tribal governments. The Bands, along with other Michigan Odawa/Ottawa groups, including the tribes described in paragraph (2), formed the Northern Michigan Ottawa Association in 1948. The Association subsequently pursued a successful land claim with the Indian Claims Commission. (7) Between 1948 and 1975, the Bands carried out many of their governmental functions through the Northern Michigan Ottawa Association, while retaining individual Band control over local decisions. (8) In 1975, the Northern Michigan Ottawa Association petitioned under the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization Act''), to form a government on behalf of the Bands. Again in spite of the Bands' eligibility, the Bureau of Indian Affairs failed to act on their request. (9) The United States Government, the government of the State of Michigan, and local governments have had continuous dealings with the recognized political leaders of the Bands from 1836 to the present. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Bands'' means the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians; (2) the term ``member'' means those individuals enrolled in the Bands pursuant to section 7; and (3) the term ``Secretary'' means the Secretary of the Interior. SEC. 4. FEDERAL RECOGNITION. (a) Federal Recognition.--Federal recognition of the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians is hereby reaffirmed. All laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization Act''), which are not inconsistent with any specific provision of this Act shall be applicable to the Bands and their members. (b) Federal Services and Benefits.-- (1) In general.--The Bands and their members shall be eligible for all services and benefits provided by the Federal Government to Indians because of their status as federally recognized Indians, and notwithstanding any other provision of law, such services and benefits shall be provided after the date of the enactment of this Act to the Bands and their members without regard to the existence of a reservation or the location of the residence of any member on or near any Indian reservation. (2) Service areas.-- (A) Little traverse bay bands.--For purposes of the delivery of Federal services to the enrolled members of the Little Traverse Bay Bands of Odawa Indians, the area of the State of Michigan within 70 miles of the boundaries of the reservations for the Little Traverse Bay Bands as set out in Article I, paragraphs `third' and `fourth' of the Treaty of 1855, 11 Stat. 621, shall be deemed to be within or near a reservation, notwithstanding the establishment of a reservation for the tribe after the date of the enactment of this Act. Services may be provided to members outside the named service area unless prohibited by law or program regulations. (B) Little river band.--For purposes of the delivery of Federal services to enrolled members of the Little River Band of Ottawa Indians, the Counties of Manistee, Mason, Wexford and Lake, in the State of Michigan, shall be deemed to be within or near a reservation, notwithstanding the establishment of a reservation for the tribe after the date of the enactment of this Act. Services may be provided to members outside the named Counties unless prohibited by law or program regulations. SEC. 5. REAFFIRMATION OF RIGHTS. (a) In General.--All rights and privileges of the Bands, and their members thereof, which may have been abrogated or diminished before the date of the enactment of this Act are hereby reaffirmed. (b) Existing Rights of Tribe.--Nothing in this Act shall be construed to diminish any right or privilege of the Bands, or of their members, that existed prior to the date of enactment of this Act. Except as otherwise specifically provided in any other provision of this Act, nothing in this Act shall be construed as altering or affecting any legal or equitable claim the Bands might have to enforce any right or privilege reserved by or granted to the Bands which were wrongfully denied to or taken from the Bands prior to the enactment of this Act. SEC. 6. TRANSFER OF LAND FOR THE BENEFIT OF THE BANDS. (a) Little Traverse Bay Bands.--The Secretary shall acquire real property in Emmet and Charlevoix Counties for the benefit of the Little Traversee Bay Bands. The Secretary shall also accept any real property located in those Counties for the benefit of the Little Traverse Bay Bands if conveyed or otherwise transferred to the Secretary, if at the time of such acceptance, there are no adverse legal claims on such property including outstanding liens, mortgages or taxes owed. (b) Little River Band.--The Secretary shall acquire real property in Manistee and Mason Counties for the benefit of the Little River Band. The Secretary shall also accept any real property located in those Counties for the benefit of the Little River Band if conveyed or otherwise transferred to the Secretary, if at the time of such acceptance, there are no adverse legal claims on such property including outstanding liens, mortgages or taxes owed. (c) Additional Lands.--The Secretary may accept any additional acreage in each of the Bands' service area specified by section 4(b) of this Act pursuant to his authority under the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization Act''). (d) Reservation.--Subject to the conditions imposed by this section, the land acquired by or transferred to the Secretary under or pursuant to this section shall be taken in the name of the United States in trust for the Bands and shall be a part of the respective Bands' reservation. SEC. 7. MEMBERSHIP. Not later than 18 months after the date of the enactment of this Act, the Bands shall submit to the Secretary membership rolls consisting of all individuals currently enrolled for membership in such Bands. The qualifications for inclusion on the membership rolls of the Bands shall be determined by the membership clauses in such Bands' respective governing documents, in consultation with the Secretary. Upon completion of the rolls, the Secretary shall immediately publish notice of such in the Federal Register. The Bands shall ensure that such rolls are maintained and kept current. SEC. 8. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 24 months after the date of the enactment of this Act, the Secretary shall conduct, by secret ballot, elections for the purposes of adopting new constitutions for the Bands. The elections shall be held according to the procedures applicable to elections under section 16 of the Act of June 18, 1934 (25 U.S.C. 476; commonly referred to as the ``Indian Reorganization Act''). (2) Interim governing documents.--Until such time as new constitutions are adopted under paragraph (1), the governing documents in effect on the date of the enactment of this Act shall be the interim governing documents for the Bands. (b) Officials.-- (1) Election.--Not later than 6 months after the Bands adopt constitutions and bylaws pursuant to subsection (a), the Bands shall conduct elections by secret ballot for the purpose of electing officials for the Bands as provided in the Bands' respective governing constitutions. The elections shall be conducted according to the procedures described in the Bands' constitutions and bylaws. (2) Interim governments.--Until such time as the Bands elect new officials pursuant to paragraph (1), the Bands' governing bodies shall be those governing bodies in place on the date of the enactment of this Act, or any new governing bodies selected under the election procedures specified in the respective interim governing documents of the Bands.

Summary: Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act - Reaffirms and extends Federal recognition and associated benefits to the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians (Tribes) of Michigan. Provides for the Tribes to be governed by current interim documents and officials until the Secretary of the Interior conducts elections to adopt a constitution and elect new tribal officials. Provides for the transfer of specified land for the benefit of the Bands.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Affordability for Teachers and Public Safety Officers Act of 2005''. SEC. 2. PILOT PROGRAM FOR REDUCED FHA DOWNPAYMENT REQUIREMENTS FOR LOANS FOR TEACHERS AND PUBLIC SAFETY OFFICERS. (a) In General.--Section 203(b) of the National Housing Act (12 U.S.C. 1709(b)) is amended by adding at the end the following new paragraph: ``(10) Reduced downpayment requirements for teachers and public safety officers.-- ``(A) In general.--Notwithstanding paragraph (2), in the case of a mortgage described in subparagraph (B)-- ``(i) the mortgage shall involve a principal obligation in an amount that does not exceed the sum of 99 percent of the appraised value of the property and the total amount of initial service charges, appraisal, inspection, and other fees (as the Secretary shall approve) paid in connection with the mortgage; ``(ii) no other provision of this subsection limiting the principal obligation of the mortgage based upon a percentage of the appraised value of the property subject to the mortgage shall apply; and ``(iii) the matter in paragraph (9) that precedes the first proviso shall not apply and the mortgage shall be executed by a mortgagor who shall have paid on account of the property at least 1 percent of the cost of acquisition (as determined by the Secretary) in cash or its equivalent. ``(B) Mortgages covered.--A mortgage described in this subparagraph is a mortgage-- ``(i) under which the mortgagor is an individual who-- ``(I) is (aa) a teacher, or (bb) a public safety officer; and ``(II) has not, during the 12-month period ending upon the insurance of the mortgage, had any present ownership interest in a principal residence located in the jurisdiction described in clause (ii); and ``(ii) made for a property that is located within the jurisdiction of-- ``(I) in the case of a mortgage of a mortgagor described in clause (i)(I)(aa), the local educational agency for the school in which the mortgagor is employed (or, in the case of a mortgagor employed in a private school, the local educational agency having jurisdiction for the area in which the private school is located); or ``(II) in the case of a mortgage of a mortgagor described in clause (i)(I)(bb), the jurisdiction served by the public law enforcement agency, firefighting agency, or rescue or ambulance agency that employs the mortgagor. ``(C) Program integrity.--Notwithstanding any other provision of this paragraph and section 203(c)(3), the Secretary may suspend the applicability of this paragraph and such section for such period as the Secretary considers appropriate if the Secretary determines such suspension is necessary because of fraud or other issues regarding program integrity. ``(D) Pilot program limitations.-- ``(i) Annual.--In any fiscal year, the aggregate number of mortgages insured under this paragraph may not exceed 10 percent of the aggregate number of mortgages and loans insured by the Secretary under this title during the preceding fiscal year. ``(ii) Term of program.--The aggregate number or mortgages insured under this paragraph may not exceed 50,000.''. (b) Deferral and Reduction of Up-Front Premium.--Section 203(c) of the National Housing Act (12 U.S.C. 1709(c)) is amended-- (1) in paragraph (2), in the matter preceding subparagraph (A), by striking ``Notwithstanding'' and inserting ``Except as provided in paragraph (3) and notwithstanding''; and (2) by adding at the end the following new paragraph: ``(3) Deferral and reduction of up-front premium.--In the case of any mortgage described in subsection (b)(10)(B)-- ``(A) paragraph (2)(A) of this subsection (relating to collection of up-front premium payments) shall not apply; and ``(B) if, at any time during the 5-year period beginning on the date of the insurance of the mortgage, the mortgagor ceases to be a teacher or public safety officer (as such terms are defined in section 201) or pays the principal obligation of the mortgage in full, the Secretary shall at such time collect a single premium payment in an amount equal to the amount of the single premium payment that, but for this paragraph, would have been required under paragraph (2)(A) of this subsection with respect to the mortgage, as reduced by 20 percent of such amount for each successive 12-month period completed during such 5-year period before such cessation or prepayment occurs.''. (c) Definitions.--Section 201 of the National Housing Act (12 U.S.C. 1707) is amended-- (1) in subsection (a), by redesignating clauses (1) and (2) as clauses (A) and (B), respectively; (2) by redesignating subsections (a) through (f) as paragraphs (1) through (6), respectively; (3) by realigning each such paragraph 2 ems from the left margin; and (4) by adding at the end the following new paragraphs: ``(7) The term `public safety officer' has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b). ``(8) The term `teacher' means an individual who is employed on a part- or full-time basis as a teacher, teacher assistant, or administrator in a public or private school that provides elementary or secondary education, as determined under State law, except that elementary education shall include pre- Kindergarten education, and except that secondary education shall not include any education beyond grade 12. ``(9) The term `local educational agency' has the meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).''. (d) Regulations.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue regulations to implement the amendments made by this section. SEC. 3. PILOT PROGRAM FOR PUBLIC SAFETY OFFICER HOME OWNERSHIP IN AT- RISK AREAS. (a) Program Authority.--The Secretary of Housing and Urban Development shall carry out a pilot program in accordance with this section to assist Federal, State, and local public safety officers purchasing homes in locally-designated at-risk areas. (b) Eligibility.--To be eligible for assistance under this section, a public safety officer shall agree, in writing, to use the residence purchased with such assistance as the primary residence of the public safety officer for not less than 3 years after the date of purchase. (c) Mortgage Assistance.--If a public safety officer purchases a home in locally-designated at-risk area and finances such purchase through a mortgage insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.), notwithstanding any provision of section 203 or any other provision of the National Housing Act, the following shall apply: (1) Downpayment.-- (A) In general.--There shall be no downpayment required if the purchase price of the property is not more than the reasonable value of the property, as determined by the Secretary. (B) Purchase price exceeds value.--If the purchase price of the property exceeds the reasonable value of the property, as determined by the Secretary, the required downpayment shall be the difference between such reasonable value and the purchase price. (2) Closing costs.--The closing costs and origination fee for such mortgage may be included in the loan amount. (3) Insurance premium payment.--There shall be one insurance premium payment due on the mortgage. Such insurance premium payment-- (A) shall be equal to 1 percent of the loan amount; (B) shall be due and considered earned by the Secretary at the time of the loan closing; and (C) may be included in the loan amount and paid from the loan proceeds. (d) Local Designation of at-Risk Areas.-- (1) Criteria.--Any unit of local government may request that the Secretary designate any area within the jurisdiction of that unit of local government as a locally-designated at- risk area for purposes of this section if the proposed area-- (A) has a crime rate that is significantly higher than the crime rate of the non-designated area that is within the jurisdiction of the unit of local government; and (B) has a population that is not more than 25 percent of the total population of area within the jurisdiction of the unit of local government. (2) Deadline for consideration of request.--Not later than 60 days after receiving a request under paragraph (1), the Secretary shall approve or disapprove the request. (e) Public Safety Officer.--For purposes of this section, the term ``public safety officer'' has the meaning given such term in section 201 of the National Housing Act (12 U.S.C. 1707) (as amended by section 2(c) of this Act). (f) Program Integrity.--Notwithstanding any other provision of this section, the Secretary may suspend the applicability of this section for such period as the Secretary considers appropriate if the Secretary determines such suspension is necessary because of fraud or other issues regarding program integrity. (g) Regulations.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue regulations to implement the provisions of this section. (h) Sunset.--The Secretary shall not approve any application for assistance under this section that is received by the Secretary after the expiration of the 3-year period beginning on the date that the Secretary first makes available assistance under the pilot program under this section.

Summary: Housing Affordability for Teachers and Public Safety Officers Act of 2005 - Amends the National Housing Act to provide for one percent downpayments (and deferral and reduction of up-front payments) for Federal Housing Administration (FHA) mortgage loans for qualified elementary and secondary school teachers, teacher assistants, and administrators and public safety officers (as defined by the Omnibus Crime Control and Safe Streets Act of 1968) to purchase homes within the jurisdictions of their employing agencies. Authorizes program suspension for fraud or program integrity issues. Limits aggregate mortgages insured under such program to 50,000. Directs the Secretary of Housing and Urban Development to carry out a mortgage assistance pilot program to assist federal, state, and local public safety officers purchase primary residences in locally-designated at-risk areas. Authorizes program suspension for fraud or program integrity issues. Prohibits application approvals after the expiration of the three-year period beginning on the date that the Secretary first makes program assistance available.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Debbie Blanchard Access to Health Care for Individuals With Disabilities Act of 2010''. SEC. 2. FINDINGS. (1) According to the Bureau of the Census, approximately 1 in 5 people in the United States lives with some sort of physical disability. (2) More than 54,000,000 individuals in the United States report some level of disability and approximately 34,000,000 of such individuals are classified as having a severe disability. (3) An estimated 11,000,000 individuals aged 6 and older need personal assistance with everyday activities, including taking a bath or shower, preparing meals, and getting around the home. (4) Five percent of the United States population over age 15 uses a wheelchair or similar device, cane, crutches, or walker. (5) The number of individuals with physical disabilities continues to increase, and the Centers for Disease Control and Prevention recently announced that the agency was revising its estimate of the number of individuals with spina bifida, the most common permanently disabling birth defect in the United States, from an estimated 70,000 to an estimated 166,000. (6) Studies have found that individuals with disabilities have significant difficulty in accessing routine and specialized health care and that numerous barriers to acquiring health care exist for such individuals. (7) Approximately 1 in 3 women with a disability reports being denied services at a physician's office solely because of her disability. (8) Research shows that women with disabilities are less likely to have pap smears and mammograms, are more likely to be diagnosed with breast cancer at later stages of the disease, are less likely to receive standard treatments, and are more likely to have worse outcomes. (9) Individuals with disabilities report that one of the top barriers to accessing necessary health care is the inability to find an accessible health care provider or identify providers who understand how to treat individuals with disabilities and who are willing to have such individuals as patients. (10) The Spina Bifida Association recently announced that one of its volunteers, Debbie Blanchard, a woman who lived with spina bifida for 55 years, died from a late stage diagnosis of cervical cancer stemming from her inability to find a health care provider in her community who had an examination table that would lower to the level necessary for her to comfortably and safely transfer from her wheelchair to the examination table so she could be screened for cervical cancer. (11) Organizations representing individuals with disabilities report that such individuals need more and better information regarding accessible health care providers in their communities and additional support and resources to help ensure that such individuals receive the care they need and deserve. SEC. 3. PROGRAMS TO PROMOTE ACCESSIBLE HEALTH CARE FOR INDIVIDUALS WITH DISABILITIES. Title III of the Public Health Service Act (42 U.S.C. 341 et seq.) is amended by adding after part V the following: ``PART W--PROGRAMS TO PROMOTE ACCESSIBLE HEALTH CARE FOR INDIVIDUALS WITH DISABILITIES ``SEC. 399OO. STATE GRANTS FOR THE CREATION OF DISABILITY ACCESSIBLE PROVIDER DIRECTORIES. ``(a) In General.--The Secretary shall award grants to States for the purpose of developing and maintaining or updating and improving State-based, Internet directories of health care providers that are known to have entrances, examination rooms, and examination tables accessible to individuals with disabilities. Such grants shall be formula-based, factoring in each State's population of individuals with disabilities. ``(b) Definition.--In this part, the term `individual with a disability' has the meaning given such term in section 7(20) of the Rehabilitation Act of 1973. ``(c) Requirement of Application.--To be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require. Applications shall explain how individuals with disabilities and health care providers may submit information for inclusion in the Internet directory of the State. ``(d) Authorized Activities.-- ``(1) In general.--Recipients of a grant under this section shall use grant funds to-- ``(A) develop and maintain an Internet directory or other such publicly available directory of information regarding individual providers, clinics, hospitals, and other health care facilities and providers in the State that are known to have entrances, examination rooms, and examination tables accessible to individuals with disabilities; or ``(B) update or improve an existing, publicly available directory of information regarding individual providers, clinics, hospitals, and other health care facilities and providers in the State that are known to have entrances, examination rooms, and examination tables accessible to individuals with disabilities. ``(2) Directory contents.--Each directory developed and maintained by a grant recipient, as described in paragraph (1)(A) or updated and improved by a grant recipient, as described in paragraph (1)(B), shall include-- ``(A) the full name, address, and telephone number of each provider, clinic, hospital, and health care facility included in the directory; and ``(B) specific information about the accommodations provided by each such provider, clinic, hospital, and health care facility to individuals with disabilities. ``SEC. 399OO-1. IMPROVING PROVIDER AND PATIENT AWARENESS OF THE NEED FOR ACCESSIBLE HEALTH CARE FACILITIES FOR PEOPLE WITH DISABILITIES. ``(a) Pilot Program.-- ``(1) In general.--The Secretary, acting through the Office on Disability of the Department of Health and Human Services and in collaboration with national organizations representing individuals with disabilities and health professional societies, shall establish a pilot program to increase the awareness of health care providers of the need to offer accessible environments and examination rooms and examination tables for individuals with disabilities and to increase voluntary compliance with Federal accessibility requirements. ``(2) Development and dissemination of resources.--The Secretary shall ensure that, under the pilot program established under paragraph (1), resources are developed for, and distributed to, health care providers to increase awareness of the need to offer accessible environments and examination rooms and examination tables for individuals with disabilities. Such resources shall include supportive information with respect to-- ``(A) accommodating individuals with disabilities; ``(B) modifications that can be made to physical environments to ensure accessibility; and ``(C) training regarding how to safely accommodate an individual in a wheelchair. ``(3) Targeted providers.--The pilot program shall be designed to target health care professionals and health care providers, including-- ``(A) primary care providers, such as physicians, nurse practitioners, and physician assistants, and the individuals who answer the telephones in the offices of such providers; ``(B) dentists and the individuals who answer the telephones in the offices of dentists; ``(C) health care clinics, including community health centers and radiology and imaging centers; ``(D) inpatient and outpatient hospitals, ambulatory surgery centers, urgent care centers, and rehabilitation facilities; and ``(E) specialists, such as obstetricians and gynecologists. ``(4) Program materials and messages.--Any materials and messages of the pilot program, including the resources designed and distributed as described in paragraph (2), shall reflect and incorporate information, findings, and materials otherwise developed by the Federal Government, such as information available through the `Right to Know Health Promotion Campaign' of the Centers for Disease Control and Prevention, and shall be field-tested and presented to focus groups to ensure effectiveness. ``(5) Program evaluation.--The Secretary shall conduct an evaluation of the effectiveness of the pilot program and make any necessary revisions to the program to ensure effectiveness and support in nationwide implementation of the program. ``(b) Information for Individuals With Disabilities.-- ``(1) In general.--The Secretary, acting through the Office on Disability of the Department of Health and Human Services, in collaboration with national organizations representing individuals with disabilities, shall develop and disseminate resources to support individuals with disabilities in finding providers that are accessible to such individuals. ``(2) Contents.--The resources described in paragraph (1) shall-- ``(A) include a concise list of questions for individuals with disabilities to ask when calling a health care provider for the first time to schedule an appointment, and suggestions for explaining the special needs of such individual to the provider and for seeking accommodation from the provider; ``(B) be culturally appropriate and at appropriate literacy levels for the target audience; ``(C) reflect and incorporate information, findings, and materials otherwise developed by the Federal Government, such as information available through the `Right to Know Health Promotion Campaign' of the Centers for Disease Control and Prevention; ``(D) be field-tested and presented to focus groups to ensure effectiveness; and ``(E) be disseminated on the Internet and through other means to ensure that individuals with disabilities receive support and assistance in their efforts to identify accessible health care providers in their communities. ``SEC. 399OO-2. ADVISORY COMMITTEE AND REPORT TO CONGRESS. ``(a) Establishment of the Advisory Committee.--The Secretary shall establish a National Advisory Committee on Access to Health Care for Individuals With Disabilities (referred to in this section as the `Advisory Committee') to support implementation of this part and to ensure interagency coordination of efforts to improve access to care for individuals with disabilities. ``(b) Responsibilities.--The responsibilities of the Advisory Committee shall include-- ``(1) reviewing applications for grants under section 399OO; ``(2) evaluating the grant program under section 399OO; ``(3) reviewing and providing feedback on the resources and other materials developed under section 399OO-1; ``(4) assisting with the dissemination of the information and resources developed under sections 399OO and 399OO-1; and ``(5) ensuring coordination of efforts within the Department of Health and Human Services to increase access to care for individuals with disabilities and to disseminate information regarding accessible entrances, examination rooms, and tables of health care providers. ``(c) Membership.-- ``(1) In general.--The members of the Advisory Committee shall include representatives of-- ``(A) the Office on Disability of the Department of Health and Human Services; ``(B) the Office of Minority Health of the Department of Health and Human Services; ``(C) the Office for Civil Rights of the Department of Health and Human Services; ``(D) the Health Resources and Services Administration, including the Bureau of Primary Health Care, the Office of Minority Health and Health Disparities, and the Office of Equal Opportunity and Civil Rights of such administration; ``(E) the Centers for Disease Control and Prevention; ``(F) the Agency for Healthcare Research and Quality; ``(G) the Centers for Medicare & Medicaid Services; ``(H) other Federal agencies, such as the Department of Veterans Affairs, as appropriate; ``(I) at least 5 private nonprofit organizations that are dedicated to improving the quality of life of, and facilitating access to health care for, individuals with disabilities; and ``(J) at least 3 health professional societies. ``(2) Voluntary service.--Members of the Advisory Committee shall serve without compensation. ``SEC. 399OO-3. REPORT TO CONGRESS. ``The Secretary shall, not later than 1 year after the date of enactment of this part and annually thereafter, submit to Congress a report summarizing the activities, findings, outcomes, and recommendations resulting from the grant and pilot programs and other activities under this part. ``SEC. 399OO-4. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part, such sums as may be necessary for fiscal years 2011 through 2015.''.

Summary: Debbie Blanchard Access to Health Care for Individuals With Disabilities Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award grants to states to develop, maintain, and improve Internet directories of health care providers that are known to have entrances, examination rooms, and examination tables that are accessible to individuals with disabilities. Requires the Secretary, acting through the Office on Disability of HHS, to: (1) establish a pilot program to increase the awareness of health care providers of the need to offer accessible environments, examination rooms, and examination tables for individuals with disabilities and to increase voluntary compliance with federal accessibility requirements; and (2) develop and disseminate resources to support individuals with disabilities in finding providers that are accessible to such individuals, which shall include a concise list of questions for individuals with disabilities to ask when calling a health care provider for the first time to schedule an appointment and suggestions for explaining the special needs of such individuals to the provider and for seeking accommodation from the provider. Requires the Secretary to establish a National Advisory Committee on Access to Health Care for Individuals With Disabilities to support implementation of this Act and to ensure interagency coordination of efforts to improve access to care for individuals with disabilities.


SECTION 1. PURPOSE; APPROPRIATIONS AUTHORIZED. (a) Purpose.--It is the purpose of this Act-- (1) to establish a National Science Scholars Program to recognize student excellence and achievement in the physical, life, and computer sciences, mathematics, and engineering; (2) to provide financial assistance to students under paragraph (1) to continue their postsecondary education in such fields of study at sustained high levels of performance; (3) to contribute to strengthening the leadership of the United States in such fields; (4) to strengthen the United States mathematics, science, and engineering base by offering opportunities to pursue postsecondary education in life, physical, and computer sciences, mathematics, and engineering; (5) to encourage role models in scientific, mathematics, and engineering fields for young people; (6) to strengthen the United States mathematics, scientific, and engineering potential by encouraging equal participation of women with men in mathematics, scientific, and engineering fields; and (7) to attract talented students to teaching careers in mathematics and science in elementary and secondary schools. (b) Authorization of Appropriations.--There are authorized to be appropriated $4,500,000 for fiscal year 1997 and such sums as may be necessary for each of the 4 succeeding fiscal years for awards to National Science Scholars. SEC. 2. SCHOLARSHIPS AUTHORIZED. (a) Program Authority.--The Secretary is authorized, in accordance with the provisions of this Act, to carry out a program of awarding scholarships to students for the study of the physical, life, or computer sciences, mathematics, or engineering, who-- (1) are selected by the President; (2) have demonstrated outstanding academic achievement in the physical, life, or computer sciences, mathematics, or engineering; and (3) show promise of continued outstanding academic performance in such field of study. (b) Period of Awards.-- (1) Period of initial award.--A student who satisfies the requirements of section 4(a) may receive a scholarship, for a period of 1 academic year, for the first year of undergraduate study at an institution of higher education. (2) Continuation awards.--A student who satisfies the requirements of section 4(b) may receive additional scholarships, each awarded for a period of 1 academic year, in order to complete his or her undergraduate course of study. A student may receive additional scholarships for not more than 3 academic years of undergraduate study, except that, in the case of a student who is enrolled in an undergraduate course of study that requires attendance for 5 academic years, the student may receive additional scholarships for not more than 4 academic years of undergraduate study. (c) Use at Any Institution Permitted.--A student awarded a scholarship under this Act may attend any institution of higher education. (d) National Science Scholars.--Students awarded scholarships under this Act shall be known as ``National Science Scholars''. SEC. 3. SELECTION OF SCHOLARS. (a) Selection Criteria for Initial Awards.-- (1) Selection criteria.--The Director shall develop and submit to the Secretary proposed criteria to be used in the selection of National Science Scholars for initial year awards under section 2(b)(1). Such criteria shall provide for the selection of such scholars on the basis of potential to successfully complete a postsecondary program in the physical, life, or computer sciences, mathematics, or engineering, and on the basis of motivation to pursue a career in such fields. In addition, consideration may be given to the financial need of the individual, and to promoting participation by minorities and individuals with disabilities. The Director shall determine proposed criteria for measuring the potential and motivation of nominees. (2) Publication.--The Secretary and the Director shall agree to, and jointly publish in the Federal Register, appropriate selection criteria. (b) Selection Process for Initial Awards.-- (1) Nominating committee.--Each State desiring to qualify its students for selection as National Science Scholars shall establish a nominating committee. Such committee shall be appointed by the chief State school officer or by an existing grant agency or panel designated by such officer, and shall be approved by the Secretary. The nominating committee shall be a broad-based committee composed of educators, scientists, mathematicians, and engineers, who shall serve as volunteers without compensation. (2) Nominations.--The nominating committee in each State shall submit to the President the nominations of at least four individuals from each congressional district in the State, at least half of whom are female. Such selections shall be ranked in order of priority. (3) Selection.--The President, after consultation with the Secretary and the Director, shall select two National Science Scholars for each academic year from each congressional district, at least one of whom shall be female. (4) Announcement and award of scholarships.--The selection process shall be completed, and the announcement of the selection of National Science Scholars shall be made by the President prior to January 1st of each fiscal year. The Secretary shall notify each Member of Congress of selections made from such Member's district and State before the public announcement by the President. Presentation of scholarships may be made in a public ceremony. (5) Congressional district.--For purposes of this subsection, the term ``congressional district'' includes the part or all of a State (within the meaning of section 1201(b) of the Higher Education Act of 1965) represented by a Member or Delegate of the House of Representatives, and includes the Commonwealth of the Northern Mariana Islands. (c) Continuation Awards.--The Secretary shall award additional scholarships under section 2(b)(2) to recipients of initial awards under section 2(b)(1) who the Secretary determines meet the requirements of section 4(b). (d) Disbursal of Scholarship Proceeds.--Scholarship proceeds shall be disbursed on behalf of students who receive scholarships under this Act to the institutions of higher education at which the students are enrolled. No scholarship proceeds shall be disbursed on behalf of a student until the student is enrolled at an institution of higher education. (e) Special Rule.--The Director and the Secretary shall encourage the support and assistance of civic groups, the business community, professional associations, institutions of higher education, and others in providing scholarship assistance to National Science Scholarship finalists. SEC. 4. ELIGIBILITY OF SCHOLARS. (a) Requirements for Initial Award.--To be eligible to receive a scholarship under section 2(b)(1), a student shall-- (1) be scheduled to graduate from a public or private secondary school, or to obtain the equivalent of a certificate of graduation (as recognized by the State in which the student resides), during the school year in which the award is made; (2) be a citizen or national of the United States or the entities set forth in section 3(b)(5), or be an alien lawfully admitted to the United States for permanent residence; (3) have demonstrated outstanding academic achievement in secondary school in physical, life, or computer sciences, mathematics, or engineering; (4) have been accepted for enrollment at an institution of higher education as a full-time undergraduate student (as determined by the institution); and (5) have declared a major in 1 of the physical, life, or computer sciences, mathematics, or engineering, or provided a written statement to the State of his or her intent to major in 1 of these fields of study, if it is the policy of the institution at which the student has been accepted for enrollment that students not declare a major until a later point in their course of study. (b) Requirements for Continuation Awards.--A student who has received a scholarship under section 2(b)(1) may receive a scholarship for a subsequent academic year of undergraduate education under section 2(b)(2) if the student-- (1) maintains a high level of academic achievement, as determined in accordance with the regulations of the Secretary; (2) continues to major in, or provides a statement to the State as described in subsection (a)(5) of his or her continuing intent to major in, one of the physical, life, or computer sciences, mathematics, or engineering; and (3) continues to be enrolled at an institution of higher education as a full-time undergraduate student (as determined by the institution). (c) Waiver of Full-Time Attendance Requirement.--The Secretary may waive the full-time attendance requirements in this section in unusual circumstances. (d) Failure To Meet Eligibility Requirements.--In the event that the student fails to meet the requirements of this section, the student's eligibility to receive further scholarships (or scholarship proceeds) under this Act shall be suspended in accordance with the regulations of the Secretary. (e) Reinstatement of Eligibility.--The Secretary shall determine circumstances under which eligibility of a scholarship recipient under this Act may be reinstated if the recipient seeks to re-enter school after an interruption of schooling for personal reasons, including, but not limited to, pregnancy, child-rearing, and other family responsibilities. (f) Notification of Secondary Schools.--The Secretary shall notify all public and private secondary schools and all institutions of higher education in each State annually of the availability of scholarships under this Act. SEC. 5. SCHOLARSHIP AMOUNT. (a) Amount of Award.--Except as provided in subsections (b) and (c), the amount of a scholarship awarded under this Act for any academic year shall be $5,000. (b) Relation to Cost of Attendance.--Notwithstanding subsection (a), the amount of a scholarship awarded under this Act shall be reduced by the amount that the scholarship exceeds the student's cost of attendance, as defined in section 472 of the Higher Education Act of 1965. A scholarship awarded under this Act shall not be reduced on the basis of the student's receipt of other forms of Federal student financial assistance, but shall be taken into account in determining the eligibility of the student for those other forms of Federal student financial assistance. (c) Adjustments for Insufficient Appropriations.--In the event that funds available in a fiscal year are insufficient to fully fund all awards under this Act, the amount paid to each student shall be reduced proportionately. SEC. 6. SUMMER EMPLOYMENT OPPORTUNITIES FOR SCHOLARS. (a) Priority for Summer Employment.--To the extent that they are otherwise qualified, students receiving scholarships under this Act shall be given priority consideration for federally financed summer employment in federally funded research and development centers, that, to the maximum extent practicable, complements and reinforces the educational program of these students. (b) Federal Agency Cooperation.--Federal agencies shall cooperate fully with the Secretary and participate actively in providing appropriate summer employment opportunities for such students. SEC. 7. DEFINITIONS. As used in this Act-- (1) the term ``Director'' shall refer to the Director of the National Science Foundation; (2) the term ``elementary school'' has the same meaning given that term in section 14101(14) of the Elementary and Secondary Education Act of 1965; (3) the term ``institution of higher education'' has the same meaning given that term in section 1201(a) of the Higher Education Act of 1965; (4) the term ``minorities'' refers to members of those racial and ethnic groups underrepresented in mathematics, science and engineering, including American Indians, Black Americans, Hispanic Americans, Native Alaskans, or Native Pacific Islanders; (5) the term ``scholarship'' refers to a financial award made to a student which enables a student to pursue a desired course of study at an institution of higher education; (6) the term ``secondary school'' has the same meaning given that term in section 14101(25) of the Elementary and Secondary Education Act of 1965; and (7) the term ``Secretary'' refers to the Secretary of the Department of Education.

Summary: Authorizes appropriations for FY 1997 and for each of the four succeeding fiscal years for awards to National Science Scholars. Authorizes the Secretary of Education to carry out a program of awarding scholarships to students for the study of the physical, life, or computer sciences, mathematics, or engineering. Deems students awarded such scholarships National Science Scholars. Sets forth the selection of scholars for initial awards and eligibility requirements for initial and continuation awards and directs the Secretary to notify all public and private secondary schools and all higher education institutions in each State annually of the availability of scholarships. Limits the amount of a scholarship awarded for any academic year to $5,000. Requires that students receiving scholarships shall be given priority consideration for federally financed summer employment in federally funded research and development centers that, to the maximum extent practicable, complements and reinforces the educational program of these students.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Caregiver Corps Act of 2014''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) As of 2013, more than 43,000,000 Americans are age 65 or older. More than 75 percent of such individuals live with chronic conditions which require assistance that helps them to live in a home- or community-based setting. In 2012, almost 38,000,000 Americans of all ages reported having one or more disabilities. (2) As of 2012, there were over 800,000 home health aides assisting older adults in their homes with activities of daily living and some light housekeeping tasks such as changing linens and preparing food. Direct care workers are critical as families and friends strive to provide quality care for individuals in the community. (3) Estimates suggest that there are 52,000,000 to 65,000,000 informal caregivers helping to provide care to adults with disabilities and illnesses. These caregivers help with a range of tasks but more time is spent on tasks such as shopping, food preparation, housekeeping, and laundry, and less time is spent on activities of daily living such as feeding, dressing, grooming, walking, bathing, and assistance toileting. (4) Over 60 percent of all informal caregivers work either full- or part-time. Even with the growing number of direct care workers available, there is a shortage in the number of people available to help support individuals who need extra assistance to remain in the community. (5) Only 12 percent of informal caregivers report having used a respite service. Respite is a means of giving the caregiver a break from their caregiving duties. Respite comes in many forms and may include having the individual attend an adult day program outside the home or having a friendly visitor serve as a companion and provide light assistance while the caregiver takes a break. (6) Respite volunteer programs exist in many communities. There is a range of ways that these programs offer incentives to the volunteers. Some programs use a time-banking or service- exchange approach as an incentive to engage volunteers, while other programs access funds from private and public sources to offer modest stipends to volunteers. (b) Purpose.--It is the purpose of this Act to establish a Caregiver Corps program to foster the creation of community-based Corps programs that provide for volunteer community service opportunities to address the shortage of assistance available for older adults and individuals with disabilities. SEC. 3. ESTABLISHMENT OF CAREGIVER CORPS PROGRAM. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-6. CAREGIVER CORPS. ``(a) Contract for Establishment of Caregiver Corps Program.-- ``(1) In general.--The Secretary shall enter into a contract with a nonprofit entity for the development of an online toolkit and guidance providing for the establishment and implementation of Caregiver Corps (referred to in this section as `Corps') volunteer programs in local communities. ``(2) Requirements.--The toolkit and guidance developed under paragraph (1) shall be based on best practice methods from existing private and public sector volunteer programs and include-- ``(A) guidance on the recruitment, screening, and training of Corps volunteers; ``(B) guidance on recommended processes for administering and evaluating the performance of local Corps programs; ``(C) guidance on options for securing start-up and operational funding for local Corps programs; ``(D) sources for obtaining ongoing technical assistance; and ``(E) guidance on how communities can promote larger community involvement and cultivate partnerships and connections between local Corps programs. ``(3) Grants.--The Secretary may award grants to public and private nonprofit entities for the operation of local Corps programs under subsection (b) in accordance with this section. ``(b) Requirements of Caregiver Corps Programs.-- ``(1) Local caregiver corps programs.-- ``(A) Eligibility.--To be eligible to be a local Corps program for purposes of this section, an entity shall be-- ``(i) an area agency on aging; ``(ii) a time-banking or volunteer organizing agency; ``(iii) a college or university; ``(iv) a State, county, or local government; or ``(v) any other entity determined to be appropriate by the Secretary. ``(B) Duties and activities.--A local Corps program shall-- ``(i) conduct screening and criminal history background checks of Corps volunteers; ``(ii) provide in-person orientation and training for Corps volunteers; ``(iii) develop and monitor volunteer assignments, which shall include selecting the adults to be served by Corps volunteers, matching volunteers to assignments, and supervising the volunteers; ``(iv) assist in the provision of appropriate volunteer recognition; ``(v) maintain records and prepare reports as required by the Secretary; and ``(vi) carry out any other activities determined appropriate by the Secretary. ``(2) Caregiver corps volunteers.-- ``(A) Eligibility.-- ``(i) In general.--To be eligible to serve as a volunteer for a local Corps program, an individual shall-- ``(I) be at least 18 years of age and willing to accept supervision as required by the local Corps program; ``(II) consent to a criminal background check; and ``(III) meet such other requirements as the local Corps program shall require. ``(ii) Limitation.--Eligibility to be a volunteer for a local Corps program shall not be restricted on the basis of education, employment experience, citizenship, race, color, creed, belief, gender, sexual orientation, national origin, disability, or political affiliation. ``(B) Terms of service.-- ``(i) In general.--An individual may serve as a full- or part-time volunteer for an initial period of not to exceed 2 years. ``(ii) Limitation.--An individual who serves as a volunteer for a local Corps program shall not be considered to be an employee of the local Corps program for purposes of the application of any Federal or State employment- related law. ``(C) Functions.-- ``(i) In general.--A Corps volunteer shall-- ``(I) provide assistance to an older individual or an individual with disabilities who needs additional services to remain in the community; ``(II) provide assistance to give an informal caregiver respite from his or her caregiving duties; ``(III) serve as a companion to older individuals and individuals with disabilities; ``(IV) provide assistance for which such volunteer is qualified, as determined by the local Corps program; and ``(V) not provide personal care or administer prescription medications. ``(ii) Individuals to be served.--To be eligible to obtain Corps volunteer services, an individual shall be an adult aged 65 or older, or an individual eligible for Social Security Disability Insurance, who is in need of assistance to achieve and maintain their highest level of independent living. ``(iii) Required service to individuals.-- The activities of a Corps volunteer shall involve person-to-person relationships with the individuals being served and shall not include the provision of any service to the local Corps program involved. ``(3) Direct benefits.--A local Corps program-- ``(A) shall provide for appropriate recognition of Corps volunteers; and ``(B) may, at the discretion of the local Corps program, provide compensation to a Corps volunteer, in the manner determined appropriate by the local Corps program, which may include stipends, tuition incentives or academic credit, or the banking of volunteer hours for use against future needs for assistance. ``(4) Reporting.--Not less than annually, a local Corps program shall submit to the Secretary a report that contains, with respect to the year for which the report is prepared-- ``(A) aggregate data on the number of Corps volunteers trained, the number of Corps volunteers providing service, the number of hours of service provided, and the number of individuals being served; and ``(B) data to inform the Secretary and local communities of any system and consumer outcome impacts of the local Corps program. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary.''.

Summary: Caregiver Corps Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to contract with a nonprofit to develop an online toolkit and guidance providing for the establishment and implementation of Caregiver Corps volunteer programs in which volunteers provide assistance to individuals who are in need of assistance to remain in the community and are either aged 65 or older, or eligible for Social Security Disability Insurance. Requires Caregiver Corps volunteers to provide assistance by giving an informal caregiver respite from caregiving duties, serving as a companion, or providing other assistance for which the volunteer is qualified. Prohibits volunteers from providing personal care or administering prescription medications. Allows the Secretary to award grants for the operation of local Corps programs. Requires local Corps programs to screen, train, and supervise volunteers. Directs local Corps programs to appropriately recognize volunteers. Allows programs to provide compensation to volunteers.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Randy Barrett Act''. SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES. (a) Disability Insurance Benefits.--Section 223(a) of the Social Security Act (42 U.S.C. 423(a)) is amended by adding at the end the following new paragraph: ``(3)(A) In the case of any individual who is terminally ill and is not entitled to disability insurance benefits under this section for any month solely by reason of the waiting period under clause (i) in the first sentence of paragraph (1), the Commissioner of Social Security shall waive the application of the waiting period, and, notwithstanding clauses (i) and (ii) of the first sentence of paragraph (1), such individual shall be entitled to disability insurance benefits for each month, beginning with the first month during all of which such individual is under a disability and in which such individual would become so entitled to such insurance benefits under such sentence but for such waiting period, and ending as provided in paragraph (1). ``(B) For purposes of subparagraph (A), an individual is considered to be `terminally ill' if the individual has a medical prognosis, certified by a physician, that the individual's life expectancy is 12 months or less.''. (b) Widow's Insurance Benefits Based on Disability.--Section 202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the end the following new subparagraph: ``(C)(i) In the case of any individual who is terminally ill and is not entitled to widow's insurance benefits under this section for any month solely by reason of the waiting period under paragraph (1)(F)(i), the Commissioner of Social Security shall waive the application of the waiting period, and, notwithstanding clauses (i) and (ii) of paragraph (1)(F), such individual shall be entitled to widow's insurance benefits for each month, beginning with the first month during all of which she is under a disability and in which she would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). ``(ii) For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis, certified by a physician, that the individual's life expectancy is 12 months or less.''. (c) Widower's Insurance Benefits Based on Disability.--Section 202(f)(6) of such Act (42 U.S.C. 402(f)(6)) is amended by adding at the end the following new subparagraph: ``(C)(i) In the case of any individual who is terminally ill and is not entitled to widower's insurance benefits under this section for any month solely by reason of the waiting period under paragraph (1)(F)(i), the Commissioner of Social Security shall waive the application of the waiting period, and, notwithstanding clauses (i) and (ii) of paragraph (1)(F), such individual shall be entitled to widower's insurance benefits for each month, beginning with the first month during all of which he is under a disability and in which he would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). ``(ii) For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis, certified by a physician, that the individual's life expectancy is 12 months or less.''. (d) Commencement of Period of Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) is amended-- (1) by inserting ``(i)'' after ``(2)(A)''; (2) by inserting ``(I)'' after ``but only if''; (3) by inserting ``(II)'' after ``duration or''; and (4) by adding at the end the following new clause: ``(ii) In any case in which an individual is terminally ill and a month is not included within a period of disability of such individual solely by reason of the 5-month duration requirement under clause (i)(I), the Commissioner of Social Security shall waive the application of such requirement, and, notwithstanding clause (i)(I), such month shall be included in a period of disability. For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis, certified by a physician, that the individual's life expectancy is 12 months or less.''. SEC. 3. EFFECTIVE DATES. The amendments made by subsection (a) of section 2 of this Act shall apply only with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months beginning after the date of the enactment of this Act. The amendments made by subsections (b) and (c) of section 2 of this Act shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act for months after the date of the enactment of this Act. The amendments made by subsection (d) of section 2 of this Act shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act after the date of the enactment of this Act.

Summary: Randy Barrett Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require the Commissioner of Social Security to waive the five-month waiting period for entitlement to benefits based on disability in the case of any individual who is terminally ill and is not entitled to disability insurance benefits under OASDI for any month solely by reason of such waiting period.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Update, Promote, and Develop America's Transportation Essentials Act of 2013''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--The Congress finds the following: (1) Since the passage of SAFETEA-LU, Congress has transferred over $50 billion from the General Fund to the Highway Trust Fund, in order to maintain solvency. (2) The Congressional Budget Office estimates after the end of Fiscal year 2014, annual General Fund transfers of approximately $15 billion will be necessary in order to maintain current Highway Trust Fund spending levels. (3) The Congressional Budget Office also estimates that in order to provide funding for surface transportation projects where the Federal benefit outweighs the cost, an additional $83 billion a year would need to be allocated to the Highway and Transit Trust Funds. (4) The American Society for Civil Engineers estimates that in order to meet our economic and transportation needs, the United States should invest at least an additional $500 billion in our surface transportation system by 2020. (5) The National Commission on Fiscal Reform and Responsibility report, often referred to as the ``Simpson- Bowles'' plan, includes a recommendation to raise the gas tax by fifteen cents. (6) The National Surface Transportation Infrastructure Financing Commission recommended, in their 2009 report, that Congress take action to prevent the Highway Trust Fund from becoming insolvent, and to avoid any reductions in infrastructure spending. The Commission also noted that a Federal funding system based on a vehicle miles traveled system, is the consensus choice for the future. (b) Sense of Congress Regarding Replacement of Gas Tax.--It is the sense of Congress that by 2024 the gas tax should be repealed and replaced with a more sustainable, stable funding source. SEC. 3. TAX ON MOTOR FUELS. (a) Gasoline Other Than Aviation Gasoline.--Section 4081(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended to read as follows: ``(i) in the case of gasoline other than aviation gasoline-- ``(I) for tax imposed before 2014, 18.3 cents per gallon, ``(II) for tax imposed during 2014, 26.3 cents per gallon, ``(III) for tax imposed during 2015, 30.3 cents per gallon, and ``(IV) for tax imposed after 2015 and before 2025, 33.3 cents per gallon,''. (b) Diesel Fuel or Kerosene.--Section 4081(a)(2)(A)(iii) of the Internal Revenue Code of 1986 is amended to read as follows: ``(iii) in the case of diesel fuel or kerosene-- ``(I) for tax imposed before 2014, 24.3 cents per gallon, ``(II) for tax imposed during 2014, 32.3 cents per gallon, ``(III) for tax imposed during 2015, 36.3 cents per gallon, and ``(IV) for tax imposed after 2015 and before 2025, 39.3 cents per gallon,''. (c) Increase for Inflation.--Paragraph (2) of section 4081(a) of such Code is amended by adding at the end the following: ``(E) Adjustment for inflation.--In the case of any calendar year beginning after 2016, the rates of tax contained in clauses (i)(IV) and (iii)(IV) of subparagraph (A) shall each be increased by an amount equal to-- ``(i) such rate, multiplied by ``(ii) the cost of living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. Any increase under the preceding sentence shall be rounded to the nearest 0.1 cents.''. (d) Diesel-Water Fuel Emulsion.--Section 4081(a)(2)(D) of the Internal Revenue Code of 1986 is amended by striking ``19.7 cents'' for ``24.3 cents'' and inserting ``a rate equal to 71 percent of the rate in effect under subparagraph (A) (without regard to this subparagraph)''. (e) Termination.--Section 4081(d)(1) of the Internal Revenue Code of 1986 is amended by striking ``September 30, 2016'' and inserting ``December 31, 2024''. (f) Effective Date.--The amendments made by this section shall apply to fuels or liquids removed, entered, or sold after December 31, 2013. SEC. 4. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any taxable liquid which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such liquid under section 4041 or 4081 of the Internal Revenue Code of 1986 had the taxable event occurred on the floor stocks tax date over the tax paid under any such section on such liquid. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time of payment.--The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (2) Taxable liquid.--The term ``taxable liquid'' means diesel fuel and kerosene (other than aviation-grade kerosene). (3) Floor stocks date.--The term ``floor stocks tax date'' means any January 1 of any calendar year beginning after the date of the enactment of this Act on which a rate of tax under section 4041 or 4081 of such Code increases pursuant to an amendment made by section 2. (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by a section of such Code is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on taxable liquid held in the tank of a motor vehicle or motorboat. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (A) on any liquid held on the floor stocks tax date by any person if the aggregate amount of liquid held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this section-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where one or more of such persons is not a corporation. (g) Other Laws Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by chapter 31 or 32 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such chapter.

Summary: Update, Promote, and Develop America's Transportation Essentials Act of 2013 - Expresses the sense of Congress that by 2024, the gas tax should be repealed and replaced with a more sustainable, stable funding source. Amends the Internal Revenue Code, with respect to the excise tax on motor fuels, to increase the rate of tax on: (1) gasoline other than aviation gasoline to 33.3 cents per gallon after 2015 and before 2025, (2) diesel fuel or kerosene to 39.3 cents per gallon after 2015 and before 2025, and (3) diesel-water fuel emulsion. Delays the termination of such increased rates from the end of FY2016 to December 31, 2024. Imposes a floor stocks tax on rate increases for gasoline, diesel fuel, and  kerosene (other than aviation-grade kerosene), subject to specified exemptions for exempt uses and low-volume producers.


SECTION 1. SHORT TITLE. This Act may be cited as the ``DMZ War Veterans Recognition Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) the Korean War, which began in 1950 and ended when the Korean War Armistice was signed in 1953, is commonly known as the ``Forgotten War''; (2) a later war in Korea, known only to some veterans and their families as the ``Unknown War'' or the ``DMZ War'', occurred long after the Korean War Armistice was signed in 1953; (3) according to military documents, the leadership of North Korea issued a declaration of war against the United States in a speech in 1966, which read that ``U.S. imperialists should be dealt blows and their forces dispersed to the maximum in Asia. . . .''; (4) the 124th Special Forces unit of North Korea-- (A) was trained-- (i) to destroy the camps and civilians of the United States; (ii) to disrupt travel and communication between the Armed Forces; and (iii) to sabotage and assassinate the government officials of South Korea and the United States; and (B) repeatedly confronted the soldiers of the United States and the Republic of Korea when crossing through the Demilitarized Zone; (5) since the Armistice was signed, over 40,000 Armistice violations have occurred, many of which involved troops of the United States who were stationed in and around Korea; (6) some of those violations, like the capture of the USS Pueblo, caught the attention of the media, although most have not; (7) since the end of the Korean War, many soldiers of the United States have died or been wounded in Korea as a result of hostile fire; (8) some veterans of the Republic of Korea suffer from exposure to Agent Orange, which was used during a period that began in 1968 and ended in 1969 in and around the DMZ; (9) because the hazardous properties of Agent Orange last for at least 100 years, soldiers of the United States who later served in the Demilitarized Zone had been exposed to the chemical long after the Armed Forces stopped using it; (10) the military personnel of the United States who served in the Korean War during the period that began in 1966 and ended in 1969 received the Armed Forces Expeditionary Medal; and (11) a few of the soldiers who fought and died in the Korean War have been-- (A) nominated posthumously for the Congressional Medal of Honor; and (B) awarded-- (i) the Silver Star or Bronze Star for valor in combat; and (ii) the Purple Heart for being wounded in combat. SEC. 3. DEFINITIONS. (a) Plaque.--The term ``plaque'' means the plaque directed to be placed at the Korean War Veterans Memorial in Washington, D.C. under section 4(a). (b) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. SEC. 4. PLACEMENT OF COMMEMORATIVE PLAQUE. Not later than November 11, 2009, the Secretary shall place on or near the grounds of the Korean War Veterans Memorial in Washington, D.C., a plaque to commemorate the sacrifices of those who served, were wounded, or were killed from 1953 until the present in the defense of the Republic of Korea, that contains the following inscription (in which the bracketed space shall include the date on which the plaque is placed): ``Dedicated to the soldiers of the United States and the Republic of Korea who served, were wounded, or were killed from 1953 until the present in the defense of the Republic of Korea. The efforts of those soldiers have enabled the Republic of Korea to develop into a successful and modern country. Since 1953, the Armed Forces of the United States experienced more than 40,000 `Armistice violation incidents.' Those incidents have caused the deaths of over 100 soldiers of the Armed Forces of the United States and the wounding of hundreds more from hostile fire in the Korean Peninsula and its surrounding waters. Unknown to most citizens, the soldiers of the United States and the Republic of Korea fought and won the `DMZ War' between November 1966 and December 1969. That war caused the majority of the Armistice casualties. We remember the service, sacrifice, and valor of all of those soldiers on this 40th anniversary of the start of the DMZ War. Their fellow soldiers and their families will never forget them. Let this Plaque aid their countries to remember them as well. Placed this day, [__________].''.

Summary: DMZ War Veterans Recognition Act of 2006 - Directs the Secretary of the Interior, acting through the Director of the National Park Service, to place on or near the grounds of the Korean War Veterans Memorial in Washington, D.C., a plaque to commemorate the sacrifices of those who served, were wounded, or were killed from 1953 until the present in the defense of the Republic of Korea.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Cigarette Fire Safety Act of 2004''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Cigarette ignited fires are the leading cause of fire deaths in the United States. (2) In 1999 there were 807 deaths from cigarette ignited fires, 2,193 civilian injuries from such fires, and $559,100,000 in property damage caused by such fires. (3) Nearly 100 children are killed each year from cigarette related fires. (4) For over 20 years former Member of Congress Joseph Moakley worked on behalf of burn victims, firefighters, and every individual who has lost a loved one in a fire. By securing enactment of the Cigarette Safety Act of 1984 and the Fire Safe Cigarette Act of 1990, Joseph Moakley completed the necessary technical work for a cigarette fire safety standard and paved the way for a national standard. (5) It is appropriate for the Congress to require by law the establishment of a cigarette fire safety standard for the manufacture and importation of cigarettes. (6) A recent study by the Consumer Product Safety Commission found that the cost of the loss of human life and personal property from not having a cigarette fire safety standard is $4,600,000,000 per year. (7) It is appropriate that the regulatory expertise of the Consumer Product Safety Commission be used to implement a cigarette fire safety standard. SEC. 3. CIGARETTE FIRE SAFETY STANDARD. (a) In General.-- (1) Requirement for standard.--Not later than 18 months after the date of the enactment of this Act, the Commission shall, by rule, prescribe one or more fire safety standards for cigarettes that, except as provided in this Act, are substantively the same as the standards set forth by the State of New York in Part 429 of Title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York, as promulgated on December 31, 2003 (in this Act referred to as the ``New York standard''), including the Appendix to such Part. (2) Cigarettes with unique characteristics.--In adapting section 4(c) of such Part 429, if the Commission determines that a cigarette, because of its unique or nontraditional characteristics, cannot be tested in accordance with the test method prescribed by the Commission, the manufacturer of such cigarette may propose a test method and performance standard for such cigarette. If the Commission finds the proposed method and standard to be equivalent to the test method and performance standard otherwise established by the Commission, the Commission may approve the method and standard and the manufacturer of such cigarette may employ such test method and performance standard to certify the cigarette pursuant to rules prescribed by this Act. (3) Commission.--In this Act, the term ``Commission'' means the Consumer Product Safety Commission. (b) Procedure.-- (1) In general.--The rule under subsection (a), and any modification thereof, shall be prescribed in accordance with section 553 of title 5, United States Code. (2) Modifications.-- (A) Modification by sponsor.--If the sponsor of the testing methodology used under subsection (a)(2) modifies the testing methodology in any material respect, the sponsor shall notify the Commission of the modification, and the Commission may incorporate the modification in the rule prescribed under subsection (a) if the Commission determines that the modification will enhance a fire safety standard established under subsection (a)(2). (B) Modification by commission.--The Commission may modify the rule prescribed under subsection (a), including the test requirements specified in subsection (a)(2), in whole or in part, only if the Commission determines that compliance with such modification is technically feasible and will enhance a fire safety standard established under that subsection. Any such modification shall not take effect earlier than 3 years after the date on which the rule is first issued. (3) Inapplicability of certain laws.-- (A) In general.--No Federal law or Executive order, including the laws listed in subparagraph (B) but not including chapters 5, 6, 7, and 8 of title 5, United States Code, commonly referred to as the Administrative Procedures Act, may be construed to apply to the promulgation of the rule required by subsection (a), or a modification of the rule under paragraph (2) of this subsection. (B) Included laws.--The Federal laws referred to in subparagraph (A) include the following: (i) The Consumer Product Safety Act (15 U.S.C. 2051 et seq.). (ii) Chapter 6 of title 5, United States Code. (iii) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (iv) The Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), and the amendments made by that Act. (c) Effective Date.--The Commission shall specify in the rule prescribed under subsection (a) the effective date of the rule. The effective date may not be later than 24 months after the date of the enactment of this Act. (d) Treatment of Standard.-- (1) In general.--The fire safety standard promulgated under subsection (a) shall be treated as a consumer product safety standard promulgated under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.), except as provided in section 4. (2) Treatment of cigarettes.--A cigarette shall be treated as a consumer product under section 3(a)(1)(B) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(1)(B)) for purposes of this Act and for purposes of sections 17 and 18 of the Consumer Product Safety Act (15 U.S.C. 2066, 2067). SEC. 4. PREEMPTION. (a) In General.--This Act, and any cigarette fire safety standard established or modified pursuant to section 3, may not be construed to preempt or otherwise affect in any way any law or regulation that prescribes a fire safety standard for cigarettes-- (1) set forth by the State of New York in the New York standard; or (2) promulgated by any State that is more stringent than the fire safety standard for cigarettes established under this section. (b) Private Remedies.--The provisions of section 25 of the Consumer Product Safety Act (15 U.S.C. 2074) shall apply with respect to the fire safety standard promulgated under section 3(a) of this Act. SEC. 5. SCOPE OF JURISDICTION OF CONSUMER PRODUCT SAFETY COMMISSION. Except as otherwise provided in this Act, the Commission shall have no jurisdiction over tobacco or tobacco products. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Consumer Product Safety Commission for fiscal year 2005, $2,000,000 for purposes of carrying out this Act. (b) Availability.--Amounts appropriated pursuant to subsection (a) shall remain available until expended.

Summary: Cigarette Fire Safety Act of 2004 - Requires the Consumer Product Safety Commission to prescribe fire safety standards for cigarettes that, except as provided in this Act, are substantively the same as specified standards promulgated by the State of New York. Directs sponsors of testing methodologies employed under this Act to notify the Commission of any modifications in such methodologies. Authorizes the Commission to modify established fire safety standards to incorporate modifications that will enhance those standards. Requires fire safety standards promulgated under this Act to be treated as consumer product safety standards, and directs that cigarettes shall be treated as consumer products, under the Consumer Product Safety Act (CPSA). Precludes the preemption by this Act of the New York standard or more stringent fire safety standards for cigarettes promulgated by any State. Makes the CPSA's private remedy provisions applicable to fire safety standards promulgated under this Act. Denies the Commission any jurisdiction over tobacco or tobacco products except as provided in this Act.