SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Agricultural Research, Development and Export Enhancement Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Clause 3 of section 8 of article I of the United States Constitution recognizes the special relationship between the United States and Indian tribes. (2) Beginning in 1970, with the inauguration by the Nixon Administration of the Indian self-determination era, each successive President has reaffirmed the special government-to- government relationship between Indian tribes and the United States. (3) In 1994, President Clinton issued an executive memorandum to the heads of all Federal departments and agencies that obligated all such departments and agencies, particularly those that have an impact on economic development, to evaluate the potential impacts of their actions on Indian tribes. (4) The United States has an obligation to guard and preserve the agricultural and related renewable resources of Indian tribes in order to foster strong tribal governments, Indian self-determination, and economic self-sufficiency among Indian tribes. (5) Despite the availability of abundant natural resources on Indian lands and a rich cultural legacy that accords great value to self-determination, self-reliance, and independence, Native Americans suffer higher rates of unemployment, poverty, poor health, substandard housing, and associated social ills than those of any other group in the United States. (6) Reservation-based Indians tend to be the most rural of any minority group. They tend to be geographically isolated, resource limited, and the least likely of any farm group to receive payment or loans from the United States. (7) Indian land represents close to 55,000,000 acres, or about 2 percent of the United States land base, with nearly 47,000,000 of these acres consisting of range and cropland. (8) Indian agriculture constitutes the second largest revenue generator and employer in Indian country and is not limited to farming and ranching, but often includes such products as forestry, bison, wild rice and fruits, cotton, tobacco and other Native-made or grown products. (9) Because of the lack of Federal intra-agency and inter- agency coordination in agriculture programs and policies, the development of Indian agriculture and related tribal business and economic development potential has been hindered. (10) It is estimated that about 20 percent of reservation grazing land and about 70 percent of cropland is leased to non- Indian producers. (11) American Indians today use their lands and natural resources for agriculture and agribusiness to provide food and other staples for consumption, improving their economic self- sufficiency, agriculture income and reservation employment. (12) Although there are many programs within Department of Agriculture for which tribal and individual Indian producers are eligible, Indian producers have not fully benefited from these programs because of insufficient coordination within the Department of Agriculture. (13) The United States has an obligation to assist Indian tribes with the creation of appropriate economic and political conditions with respect to Indian lands to-- (A) encourage investment from outside sources that do not originate with the tribes; and (B) facilitate economic ventures with outside entities that are not tribal entities. (14) The economic success and material well-being of Native American communities depends on the combined efforts of the Federal Government, tribal governments, the private sector, and individuals. (b) Purpose.--It is the purpose of this Act to-- (1) promote the coordination of existing agricultural and related programs within the Department of Agriculture to provide the maximum benefit to Indian tribes and their members; (2) encourage intertribal, regional, and international trade and business development in order to assist in increasing productivity and the standard of living of members of Indian tribes and improving the economic self-sufficiency of the Indian tribes; (3) through improving the administration of Federal program, improve the access of Indian tribes to capital, specialty markets, export promotions, and marketing assistance that non-Indian agriculture producers currently have access to; (4) improve the development and coordination of Indian agriculture and related value-added industries to promote self- sustaining Native economies and communities; and (5) promote economic self-sufficiency and political self- determination for Indian tribes and members of Indian tribes. SEC. 3. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means an Indian tribe, a tribal organization, a tribal enterprise, a tribal marketing cooperative, or any other Indian-owned business. (2) Indian.--The term ``Indian'' has the meaning given that term in section 4(d) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(d)). (3) Indian goods and services.--The term ``Indian goods and services'' means-- (A) goods produced or originated by an eligible entity; or (B) services provided by eligible entities. (4) Indian-owned business.--The term ``Indian-owned business'' means an entity organized for the conduct of trade or commerce with respect to which at least 50 percent of the property interest of the entity is owned by Indians or Indian tribes (or a combination thereof). (5) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (7) Tribal enterprise.--The term ``tribal enterprise'' means a commercial activity or business managed or controlled by an Indian tribe. (8) Tribal organization.--The term ``tribal organization'' has the meaning given that term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)). SEC. 4. NATIVE AMERICAN RESEARCH, DEVELOPMENT AND EXPORT OFFICE (a) In General.-- (1) Establishment.--There is established within the Department of Agriculture a Native American Agricultural Research, Development and Export Office (referred to this Act as the ``Office''). (2) Director.--The Office shall be headed by a Director of the Native American Agricultural Research, Development and Export Office (referred to in this Act as ``Director'') to be appointed by the Secretary. The Director shall be compensated at a rate not to exceed that for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Duties of the Secretary.-- (1) In general.--The Secretary, acting through the Director, shall ensure the coordination of all programs that provide assistance to Native American communities within the following 7 mission areas of the Department of Agriculture: (A) Farm and foreign agricultural services. (B) Food, nutrition, and consumer services. (C) Food safety. (D) Marketing and regulatory programs. (E) Natural resources and environment. (F) Research, education and economics. (G) Rural development. (2) Activities.--In carrying out paragraph (1), the Secretary, acting through the Director, shall ensure the coordination of, or, as appropriate, carry out-- (A) activities to promote Indian agricultural programs, including the development of domestic and international trade programs; (B) activities to facilitate water and waste programs, housing, utility and other infrastructure development with respect to Native American communities; (C) activities to provide assistance to Indian tribal college programs; (D) activities to implement rural economic development programs for Native American communities; and (E) activities to promote food and nutrition services for Native American communities. (3) Interagency coordination.--In carrying out Department of Agriculture programs, the Secretary, acting through the Director, shall coordinate with other Federal agencies, including the Department of Energy, the Department of Housing and Urban Development, the Department of the Interior, the Department of Justice, the Department of Commerce, or any other Federal agency responsible for administering related Indian programs. (4) Assistance.--In conjunction with the activities described in paragraph (2), the Secretary, acting through the Director, shall provide-- (A) financial assistance, technical assistance, and administrative services to eligible entities to assist those entities in-- (i) identifying and taking advantage of business development opportunities; and (ii) complying with appropriate laws and regulatory practices; and (B) such other assistance as the Secretary, in consultation with the Director, determines to be necessary for the development of business opportunities for eligible entities to enhance the economies of Indian tribes. (5) Priorities.--In carrying out the duties and activities described in paragraphs (3) and (4), the Secretary, acting through the Director, shall give priority to activities that-- (A) provide the greatest degree of economic benefits to Indians; and (B) foster long-term stable economies of Indian tribes. SEC. 5. NATIVE AMERICAN TRADE AND EXPORT PROMOTION. (a) In General.--The Secretary, acting through the Director, shall establish and implement a Native American export and trade promotion program (referred to in this section as the ``program''). (b) Coordination of Federal Programs and Services.--In carrying out the program, the Secretary, acting through the Director and in cooperation with the heads of appropriate Federal agencies, shall ensure the coordination of Federal programs and services that are designed to-- (1) develop the economies of Indian tribes; and (2) stimulate the demand for Indian goods and services that are available from eligible entities. (c) Activities.--In carrying out subsection (b), the Secretary, acting through the Director, shall ensure the coordination of, or, as appropriate, carry out-- (1) Federal programs that are designed to provide technical or financial assistance to eligible entities; (2) activities to develop promotional materials for eligible entities; (3) activities for the financing of appropriate trade missions; (4) activities for the marketing of related Indian goods and services; (5) activities for the participation of appropriate Federal agencies or eligible entities in international trade fairs; and (6) any other activity related to the development of markets for Indian goods and services. (d) Technical Assistance.--In conjunction with the activities described in subsection (c), the Secretary, acting through the Director, shall provide technical assistance and administrative services to eligible entities to assist those entities in-- (1) identifying appropriate markets for Indian goods and services; (2) entering the markets referred to in paragraph (1); (3) complying with foreign or domestic laws and practices with respect to financial institutions concerning the export and import of Indian goods and services; and (4) entering into financial arrangements to provide for the export and trade of Indian agricultural and related products. (e) Priorities.--In carrying out the duties and activities described in subsections (b) and (c), the Secretary, acting through the Director, shall give priority to activities that-- (1) provide the greatest degree of economic benefits to Indians; and (2) foster long-term stable international markets for Indian goods and services.

Summary: Directs the Secretary of Agriculture, acting through the Director of such Office, to ensure the coordination of all programs that provide assistance to Native American communities within seven specified mission areas of the Department of Agriculture and to ensure the coordination of, or carry out, activities to: (1) promote Indian agricultural programs; (2) facilitate water and waste programs, housing, utility and other infrastructure development with respect to Native American communities; (3) provide assistance to Indian tribal college programs; (4) implement rural economic development programs for Native American communities; and (5) promote food and nutrition services for such communities. Requires the Director to provide: (1) financial and technical assistance and administrative services to assist eligible entities in identifying and taking advantage of business development opportunities and complying with laws and regulatory practices; and (2) such other assistance necessary for the development of business opportunities to enhance Indian tribes' economies. Requires the Director to establish and implement a Native American export and trade promotion program and, in carrying out such program, to ensure the coordination of: (1) Federal programs and services designed to develop Indian tribes' economies and stimulate the demand for Indian goods and services that are available from eligible entities; and (2) Federal programs that are designed to provide technical or financial assistance to eligible entities and any activities related to the development of markets for Indian goods and services. Requires the Director to provide technical assistance and administrative services to assist eligible entities in: (1) identifying and entering markets for Indian goods and services; (2) complying with foreign or domestic laws and practices with respect to financial institutions concerning the export and import of such goods and services; and (3) entering into financial arrangements to provide for the export and trade of Indian agricultural and related products.


SECTION 1. SHORT TITLE. This Act may be cited as the ``High School Sports Information Collection Act of 2009''. SEC. 2. STATISTICS ON EQUALITY IN ATHLETIC PROGRAMS. Section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543) is amended by adding at the end the following: ``(c) Equality in Athletic Programs.-- ``(1) In general.--The Statistics Commissioner shall collect, annually, for the immediately preceding academic year, from each coeducational secondary school that receives Federal financial assistance that has an athletic program, the following information: ``(A) The number of male and female students that attended the school and for each student an identification of such student's-- ``(i) race; and ``(ii) ethnicity. ``(B) A listing of the teams that competed in athletic competition and for each such team the following data: ``(i) The season in which the team competed. ``(ii) The total number of participants as of the day of the first scheduled contest for the team, and for each participant an identification of such participant's-- ``(I) gender; ``(II) race; and ``(III) ethnicity. ``(iii) The total expenditures for the team, including the following data: ``(I) The travel expenditures. ``(II) The equipment expenditures (including any equipment replacement schedule). ``(III) The uniform expenditures (including any uniform replacement schedule). ``(IV) The expenditures for facilities, including medical facilities, locker rooms, fields, and gymnasiums. ``(V) The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such person's-- ``(aa) gender; ``(bb) employment status (including whether such person is employed full-time or part- time, and whether such person is a head or assistant trainer or medical services provider) and duties other than providing training or medical services; and ``(cc) qualifications, including whether the person is a professional or student. ``(VI) The expenditures for publicity for competitions. ``(iv) The total number of coaches, and for each coach an identification of such coach's-- ``(I) gender; ``(II) employment status (including whether such coach is employed full- time or part-time, and whether such coach is a head or assistant coach) and duties other than coaching; and ``(III) qualifications, including whether the person is a professional or student. ``(v) The total number of competitions scheduled, and for each scheduled competition an indication of what day of the week and time the competition was scheduled. ``(vi) Whether such team participated in postseason competition, and the success of such team in any postseason competition. ``(vii) The total number of practices scheduled, and for each scheduled practice an indication of what day of the week and time the practice was scheduled. ``(2) Disclosure of information to students and public.--A coeducational secondary school described in paragraph (1) shall-- ``(A) make available to students and potential students, upon request, and to the public, the information contained in reports by the school under this subsection by October 15 of each school year; and ``(B) ensure that all students at the school are informed of their right to request such information. ``(3) Submission; information availability.--On an annual basis, each coeducational secondary school described in paragraph (1) shall provide the information contained in each report by the school under this subsection to the Statistics Commissioner not later than 15 days after the date that the school makes such information available under paragraph (2). ``(4) Duties of commissioner for education statistics.--The Statistics Commissioner shall-- ``(A) ensure that reports under this subsection are posted on the Department of Education's website within a reasonable period of time; and ``(B) not later than 180 days after the date of enactment of the High School Sports Information Collection Act of 2009-- ``(i) notify all secondary schools in all States regarding the availability of information under paragraph (2); and ``(ii) issue guidance to all schools on how to collect and report the information required under this subsection.''.

Summary: High School Sports Information Collection Act of 2009 - Amends the Education Sciences Reform Act of 2002 to require the Commissioner of the National Center for Education Statistics to collect the following information annually from each coeducational secondary school that receives federal financial assistance and that has an athletic program: (1) the number, gender, race, and ethnicity of students that attended the school; and (2) for each team that competed in athletic competition, the number, gender, race, and ethnicity of participants, the total expenditures, the number, gender, employment status, and qualifications of trainers, medical personnel, and coaches, and the number of competitions and practices scheduled. Requires such schools to: (1) make such information available to students and potential students, upon request, and to the public by October 15 of each school year; (2) ensure that all students at the school are informed of their right to request such information; and (3) annually provide such information to the Commissioner. Directs the Commissioner to: (1) ensure that such information is posted on the Department of Education's website; (2) notify all secondary schools regarding the availability of the information; and (3) issue guidance on how to collect and report the information required under this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Venezuelan Refugee Assistance Act''. SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN VENEZUELAN NATIONALS. (a) Adjustment of Status.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the status of any alien described in subsection (b) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before January 1, 2019; (B) is not inadmissible under paragraph (1), (2), (3), (4), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); (C) is not deportable under paragraph (1)(E), (1)(G), (2), (4), (5), or (6) of section 237(a) of such Act (8 U.S.C. 1227(a)); (D) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and (E) has not been convicted of-- (i) any offense under Federal or State law punishable by a maximum term of imprisonment of more than 1 year; or (ii) 3 or more offenses under Federal or State law, for which the alien was convicted on different dates for each of the 3 offenses and sentenced to imprisonment for an aggregate of 90 days or more. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered removed, or ordered to depart voluntarily, from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a motion to reopen, reconsider, or vacate such order. If the Secretary of Homeland Security grants the application, the Secretary of Homeland Security shall cancel the order. If the Secretary of Homeland Security renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.--The benefits provided by subsection (a) shall apply to any alien who is a national of Venezuela-- (1) who was physically present in the United States on January 1, 2013; and (2) has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for adjustment of status under this Act is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (c) Stay of Removal.-- (1) In general.--The Secretary of Homeland Security shall provide by regulation for an alien subject to a final order of removal to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland Security shall not order any alien to be removed from the United States, if the alien is in removal proceedings under any provision of such Act and raises as a defense to such an order the eligibility of the alien to apply for adjustment of status under subsection (a), except where the Secretary of Homeland Security has rendered a final administrative determination to deny the application. (3) Work authorization.--The Secretary of Homeland Security may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the status of an alien shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have been physically present in the United States for at least 1 year; (B) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and (C) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255); or (2) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a). (f) Limitation on Judicial Review.--A determination by the Secretary of Homeland Security as to whether the status of any alien should be adjusted under this Act is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this Act, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this Act. Nothing contained in this Act shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Secretary of Homeland Security in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.

Summary: Venezuelan Refugee Assistance Act This bill provides for the status adjustment to permanent resident of a qualifying Venezuelan national who: (1) was physically present in the United States on January 1, 2013, (2) has been physically present in the United States for at least one year and is physically present in the United States on the date the status adjustment application is filed, (3) has not been convicted of specified crimes and was never involved in the persecution of others, and (4) applies for adjustment before January 1, 2019. Derivative adjustment of status is provided for the spouse, child, or certain unmarried sons or daughters of such alien.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Elementary and Secondary School Counseling Improvement Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) elementary and secondary school children are being subjected to unprecedented social stresses, including fragmentation of the family, drug and alcohol abuse, violence, child abuse, and poverty; (2) an increasing number of elementary and secondary school children are exhibiting symptoms of distress, such as substance abuse, emotional disorders, violent outbursts, disruptive behavior, juvenile delinquency, and suicide; (3) between 1984 and 1994, the homicide rate for adolescents doubled, while the rate of nonfatal violent crimes committed by adolescents increased by almost 20 percent; (4) according to the National Institute of Mental Health, up to one in five children and youth have psychological problems severe enough to require some form of professional help, yet only 20 percent of youth with mental disorders or their families receive help; (5) the Institute of Medicine has identified psychological counseling as the most serious school health need for the normal development of our Nation's children and youth; (6) school counselors, school psychologists, and school social workers can contribute to the personal growth, educational development, and emotional well-being of elementary and secondary school children by providing professional counseling, intervention, and referral services; (7) the implementation of well designed school counseling programs has been shown to increase students' academic success; (8) the national average student-to-counselor ratio in elementary and secondary schools is 531 to 1, and the average student-to-psychologist ratio is 2300 to 1; (9) it is recommended that to effectively address students' mental health and development needs, schools have 1 full-time counselor for every 250 students, 1 psychologist for every 1,000 students, and 1 school social worker for every 800 students; (10) the population of elementary and secondary school students in the United States is expected to increase dramatically during the 5 to 10 years beginning with 1999; (11) the Federal Government can help reduce the risk of academic, social, and emotional problems among elementary and secondary school children by stimulating the development of model school counseling programs; and (12) the Federal Government can help reduce the risk of future unemployment and assist the school-to-work transition by stimulating the development of model school counseling programs that include comprehensive career development. (b) Purpose.--It is the purpose of this Act to enhance the availability and quality of counseling services for elementary and secondary school children by providing grants to local educational agencies to enable such agencies to establish or expand effective and innovative counseling programs that can serve as national models. SEC. 3. SCHOOL COUNSELING. Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended-- (1) in section 4004 (20 U.S.C. 7104)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(3) $100,000,000 for fiscal year 2002, and such sums as may be necessary for each of the 4 succeeding fiscal years, for grants under section 4124.''; and (2) by adding at the end of subpart 2 of part A, the following: ``SEC. 4124. ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING DEMONSTRATION. ``(a) Counseling Demonstration.-- ``(1) In general.--The Secretary may award grants under this section to local educational agencies to enable the local educational agencies to establish or expand elementary school and secondary school counseling programs. ``(2) Priority.--In awarding grants under this section, the Secretary shall give special consideration to applications describing programs that-- ``(A) demonstrate the greatest need for new or additional counseling services among the children in the schools served by the applicant; ``(B) propose the most promising and innovative approaches for initiating or expanding school counseling; and ``(C) show the greatest potential for replication and dissemination. ``(3) Equitable distribution.--In awarding grants under this section, the Secretary shall ensure an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas. ``(4) Duration.--A grant under this section shall be awarded for a period not to exceed three years. ``(5) Maximum grant.--A grant under this section shall not exceed $400,000 for any fiscal year. ``(b) Applications.-- ``(1) In general.--Each local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(2) Contents.--Each application for a grant under this section shall-- ``(A) describe the school population to be targeted by the program, the particular personal, social, emotional, educational, and career development needs of such population, and the current school counseling resources available for meeting such needs; ``(B) describe the activities, services, and training to be provided by the program and the specific approaches to be used to meet the needs described in subparagraph (A); ``(C) describe the methods to be used to evaluate the outcomes and effectiveness of the program; ``(D) describe the collaborative efforts to be undertaken with institutions of higher education, businesses, labor organizations, community groups, social service agencies, and other public or private entities to enhance the program and promote school- linked services integration; ``(E) describe collaborative efforts with institutions of higher education which specifically seek to enhance or improve graduate programs specializing in the preparation of school counselors, school psychologists, and school social workers; ``(F) document that the applicant has the personnel qualified to develop, implement, and administer the program; ``(G) describe how any diverse cultural populations, if applicable, would be served through the program; ``(H) assure that the funds made available under this part for any fiscal year will be used to supplement and, to the extent practicable, increase the level of funds that would otherwise be available from non-Federal sources for the program described in the application, and in no case supplant such funds from non-Federal sources; and ``(I) assure that the applicant will appoint an advisory board composed of parents, school counselors, school psychologists, school social workers, other pupil services personnel, teachers, school administrators, and community leaders to advise the local educational agency on the design and implementation of the program. ``(c) Use of Funds.-- ``(1) In general.--From amounts made available under section 4004(3) to carry out this section, the Secretary shall award grants to local education agencies to be used to initiate or expand elementary or secondary school counseling programs that comply with the requirements of paragraph (2). ``(2) Program requirements.--Each program assisted under this section shall-- ``(A) be comprehensive in addressing the personal, social, emotional, and educational needs of all students; ``(B) use a developmental, preventive approach to counseling; ``(C) increase the range, availability, quantity, and quality of counseling services in the schools of the local educational agency; ``(D) expand counseling services only through qualified school counselors, school psychologists, and school social workers; ``(E) use innovative approaches to increase children's understanding of peer and family relationships, work and self, decisionmaking, or academic and career planning, or to improve social functioning; ``(F) provide counseling services that are well- balanced among classroom group and small group counseling, individual counseling, and consultation with parents, teachers, administrators, and other pupil services personnel; ``(G) include inservice training for school counselors, school social workers, school psychologists, other pupil services personnel, teachers, and instructional staff; ``(H) involve parents of participating students in the design, implementation, and evaluation of a counseling program; ``(I) involve collaborative efforts with institutions of higher education, businesses, labor organizations, community groups, social service agencies, or other public or private entities to enhance the program and promote school-linked services integration; and ``(J) evaluate annually the effectiveness and outcomes of the counseling services and activities assisted under this section. ``(3) Report.--The Secretary shall issue a report evaluating the programs assisted pursuant to each grant under this subsection at the end of each grant period in accordance with section 14701. ``(4) Dissemination.--The Secretary shall make the programs assisted under this section available for dissemination, either through the National Diffusion Network or other appropriate means. ``(5) Limit on administration.--Not more than 5 percent of the amounts made available under this section in any fiscal year shall be used for administrative costs to carry out this section. ``(d) Definitions.--For purposes of this section: ``(1) School counselor.--The term `school counselor' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- ``(A) possesses State licensure or certification granted by an independent professional regulatory authority; ``(B) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or ``(C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. ``(2) School psychologist.--The term `school psychologist' means an individual who-- ``(A) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in the school setting; ``(B) possesses State licensure or certification in the State in which the individual works; or ``(C) in the absence of such State licensure or certification, possesses national certification by the National School Psychology Certification Board. ``(3) School social worker.--The term `school social worker' means an individual who-- ``(A)(i) holds a master's degree in social work from a program accredited by the Council on Social Work Education; and ``(ii) is licensed or certified by the State in which services are provided; or ``(B) in the absence of such licensure or certification, possess a national certification or credential as a school social work specialist that has been awarded by an independent professional organization. ``(4) Supervisor.--The term `supervisor' means an individual who has the equivalent number of years of professional experience in such individual's respective discipline as is required of teaching experience for the supervisor or administrative credential in the State of such individual.''.

Summary: Elementary and Secondary School Counseling Improvement Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to local educational agencies to establish or expand elementary and secondary school counseling programs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Full Faith in Veterans Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Men and women who serve in the Armed Forces make great sacrifices for the Nation and for freedom. (2) The Nation takes great pride in the integrity of members of the Armed Forces and places full faith and confidence in these men and women serving in the Armed Forces. (3) The Nation should extend such full faith to the integrity of those men and women when they make claims for disability compensation related to their service. (4) In the spirit of the Armed Forces' pledge never to leave a man behind, the Nation should never leave a veteran behind. (5) Military service is inherently dangerous and stressful whether during peacetime or during war. (6) Post-traumatic stress disorder (referred to in this section as ``PTSD'') is a debilitating mental health condition linked to military service that the Secretary of Veterans Affairs should make every effort to diagnose and effectively treat. (7) It is recognized in the medical community that PTSD can onset at anytime after a traumatic event, and the course of the disorder can contain periods of both relapse and remission. (8) Denial by the Secretary of Veterans Affairs of claims for disability compensation for PTSD due to incomplete military records does a disservice to those who have honorably served the country. (9) Military records that would validate such claims may have been lost due to no fault of the veteran. (10) Due to the dangerous and fast-paced environment in which the members of the Armed Forces operate, not every significant and possibly traumatic incident in the life and service of each member is chronicled accurately or completely. (11) Evaluations for disability compensation for PTSD often place veterans under the additional hardship of reliving traumatic events by describing them to unfamiliar medical professionals. (12) According to the Institute of Medicine and representatives of certain veterans' service organizations, evaluations for pension and disability compensation for PTSD are sometimes completed in as little as 20 minutes, despite recommendations of the mental health community that evaluations should take place over a period of one hour or more. (13) The Veterans' Disability Benefits Commission, established pursuant to title XV of the National Defense Authorization Act for Fiscal Year 2004, issued recommendations to improve the care, compensation, and treatment of veterans diagnosed with PTSD, including updating the schedule for rating disabilities under section 1155 of title 38, United States Code, establishing new criteria for the diagnosis and treatment of PTSD, and using a holistic approach to treat veterans with PTSD that incorporates treatment, compensation, and vocational assessment. SEC. 3. STANDARD OF PROOF FOR SERVICE-CONNECTION OF POST-TRAUMATIC STRESS DISORDER. (a) Standard of Proof.--Section 1154 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c) The Secretary shall accept as sufficient proof of service- connection of post-traumatic stress disorder alleged to have been incurred in or aggravated by service in the active military, naval, or air service a diagnosis of post-traumatic stress disorder by a mental health professional together with a written determination by the professional that such disorder is related to the veteran's service, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service- connection of post-traumatic stress disorder may be rebutted by clear and convincing evidence to the contrary. In the case of such a rebuttal, the Secretary shall make all documents related to the service-connection of the veteran's disability available to the veteran.''. (b) Applicability.--Subsection (c) of section 1154 of title 38, United States Code, shall apply with respect to any claim for disability compensation under laws administered by the Secretary of Veterans Affairs for which no final decision has been made before the date of the enactment of this Act. SEC. 4. IMPROVEMENT OF DEPARTMENT OF VETERANS AFFAIRS EVALUATIONS OF CLAIMS RELATING TO POST-TRAUMATIC STRESS DISORDER. (a) Certification and Training for Certain Employees.-- (1) Certification program.-- (A) Certification required.--The Secretary of Veterans Affairs shall require covered employees to successfully complete a certification program established by the Secretary. Such program shall include a periodic recertification requirement. (B) Covered employees.--For the purposes of this paragraph, a ``covered employee'' is an employee of the Department of Veterans Affairs who is responsible for rating disabilities, evaluating claims for disability compensation for post-traumatic stress disorder, or adjudicating disability compensation ratings. (C) Program requirements.--The certification program under subparagraph (A) shall-- (i) provide specialized training on the psychological and medical issues (including comorbidities) that characterize individuals with post-traumatic stress disorder and give guidance on how to appropriately manage commonly encountered problems in evaluating and rating such disorder; and (ii) incorporate the recommendations contained in the Best Practice Manual for Post- Traumatic Stress Disorder (PTSD) Compensation and Pension Examinations issued by the National Center for Post-Traumatic Stress Disorder of the Department of Veterans Affairs. (D) Review of requirements.--The Secretary shall regularly review and update the requirements for successfully completing the certification program under subparagraph (A) to take into consideration medical advances and to reflect lessons learned. (2) Training program.--The Secretary of Veterans Affairs shall provide training to support the certification program required under paragraph (1). (b) Audits of Examinations.--The Secretary of Veterans Affairs shall conduct audits of the examinations conducted by employees of the Department of Veterans Affairs of veterans who submit claims for disability compensation for post-traumatic stress disorder to ensure that such employees are taking sufficient time necessary to diagnose and accurately rate the disorder. (c) Update of Schedule for Rating Disabilities.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall begin updating the schedule for rating disabilities under section 1155 of title 38, United States Code. The Secretary shall begin by updating the schedule with respect to post- traumatic stress disorder, traumatic brain injury, and other mental disorders. The Secretary shall complete such update not later than five years after the date of the enactment of this Act. (d) New Criteria for Post-Traumatic Stress Disorder.--The Secretary of Veterans Affairs shall implement the criteria of the Diagnostic and Statistical Manual of Mental Disorders, 4th Edition, specific to post- traumatic stress disorder and use such criteria for the purpose of rating post-traumatic stress disorder pursuant to the schedule for rating disabilities under section 1155 of title 38, United States Code. (e) Holistic Approach Required.--The Secretary of Veterans Affairs shall implement a holistic approach for providing treatment for veterans with post-traumatic stress disorder. Such approach shall combine treatment for post-traumatic stress disorder, compensation, and vocational assessment. (f) Treatment of Mental Health Records.--The Secretary of Veterans Affairs shall require an employee of the Department of Veterans Affairs who is responsible for adjudicating disability compensation ratings, in developing evidence for a claim for disability compensation to take into consideration the following: (1) In the case of a veteran who has visited a center for the provision of readjustment counseling and related mental health services under section 1712A of title 38, United States Code, any treatment records of the veteran from that center. (2) In the case of a veteran who has received mental health services from a mental health professional, any written opinion of that mental health professional submitted to the Department by the veteran. (g) Consideration of Certain Materials.--In carrying out subsections (c), (d), and (e), the Secretary of Veterans Affairs shall consider materials on post-traumatic stress disorder and mental health provided by the National Center on Post-Traumatic Stress Disorder of the Department of Veterans Affairs and the Institute of Medicine. (h) Employee.--For purposes of this section, the term ``employee of the Department of Veterans Affairs'' includes an employee of any entity with which the Secretary of Veterans Affairs has entered into a contract for the provision of conducting examinations or rating disabilities for purposes of determining the amount of disability compensation to be provided to a veteran under laws administered by the Secretary. SEC. 5. REPORT TO CONGRESS. Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the implementation of this Act and the amendments made by this Act. Such report shall include any evidence of fraud or abuse relating to any provision of this Act or amendment made by this Act.

Summary: Full Faith in Veterans Act of 2008 - Directs the Secretary of Veterans Affairs to accept as sufficient proof of service-connection of post-traumatic stress disorder (PTSD) alleged to have been incurred in or aggravated by active military service a diagnosis of PTSD by a mental health professional, together with a written determination that such disorder is related to the veteran's service, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding that there is no official record of such incurrence or aggravation during such service. Requires the Secretary to resolve every reasonable doubt in favor of the veteran. Allows PTSD service-connection to be rebutted by clear and convincing evidence. Directs the Secretary to require Department of Veterans Affairs (VA) employees responsible for rating disabilities, evaluating claims for disability compensation for PTSD, or adjudicating disability compensation ratings to complete a certification program established by the Secretary. Requires the Secretary to: (1) conduct audits of examinations of veterans who submit claims for disability compensation for PTSD; (2) update the schedule for rating disabilities with respect to PTSD, traumatic brain injury, and other mental disorders; (3) implement new PTSD criteria; (4) implement a holistic treatment approach for veterans with PTSD; and (5) require VA employees responsible for adjudicating disability compensation ratings to take into consideration veterans' treatment records from readjustment counseling centers and written opinions of mental health professionals.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Beneficiary Access to Care Act of 2003''. SEC. 2. TREATMENT OF DRUGS AND BIOLOGICALS UNDER THE MEDICARE OUTPATIENT HOSPITAL PROSPECTIVE PAYMENT SYSTEM. (a) Separate APCs for Most Drugs and Biologicals.-- (1) In general.--Section 1833(t)(2) of the Social Security Act (42 U.S.C. 1395l(t)(2)) is amended-- (A) by striking ``and'' at the end of subparagraph (F); (B) by striking the period at the end of subparagraph (G) and inserting ``; and''; and (C) by adding at the end the following: ``(H) the Secretary shall treat as a separate group of covered OPD services-- ``(i) any drug or biological that was treated as such a group as of December 31, 2002; and ``(ii) any drug or biological that has ceased to be eligible for transitional, pass- through payments under paragraph (6) by reason of the limited period of payment specified in paragraph (6)(C)(i).''. (2) Effective date.--The amendments made by paragraph (1) shall apply to items and services furnished on or after January 1, 2004. (b) Payment Rates for Non-Pass-Through Drugs and Biologicals.-- (1) Program payments.--Section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) is amended-- (A) in paragraph (3), by amending subparagraph (D) to read as follows: ``(D) Calculation of medicare opd fee schedule amounts.-- ``(i) In general.--The Secretary shall compute a medicare OPD fee schedule amount for each covered OPD service (or group of such services) furnished in a year, in an amount that (except as provided in clause (ii)) is equal to the product of-- ``(I) the conversion factor computed under subparagraph (C) for the year; and ``(II) the relative payment weight (determined under paragraph (2)(C) or paragraph (9)(A)) for the service or group. ``(ii) Special rules for 2004.-- ``(I) In general.--Notwithstanding clause (i), the medicare OPD fee schedule amount for 2004 for a drug or biological that is treated as a separate group of covered OPD services and is-- ``(aa) a single-source drug (as defined in section 1927(k)(7)(A)(iv)); ``(bb) an innovator multiple source drug (as defined in section 1927(k)(7)(A)(ii)); or ``(cc) a biological product approved for marketing under section 351 of the Public Health Service Act (including any such product that is marketed by any cross-licensed producers or distributors), may not be less than 87.37 percent of the payment rate for the drug or biological under paragraph (6) as of December 31, 2002 (determined without regard to any reduction under subparagraph (E)(iii) of such paragraph). ``(II) No revision of relative payment weights.--The relative payment weights established under paragraph (9)(A) for 2004 for groups of covered OPD services other than those to which subclause (I) applies shall not be revised to take into account the application of such subclause (I).''; (B) in paragraph (4)-- (i) in subparagraph (A), by striking ``Secretary, as computed under paragraphs (2)(D) and (2)(E)'' and inserting ``Secretary (as computed under paragraphs (2)(D) and (2)(E)), except that the medicare OPD fee schedule amount determined under paragraph (3)(D) for a drug or biological that is treated as a separate group of covered OPD services shall not be adjusted for relative differences in the cost of labor''; and (ii) in subparagraph (B), by striking ``adjusted''; and (C) in paragraph (9), by adding at the end the following: ``(D) Use of external data.--In determining the relative payment weight for any drug or biological that is treated as a separate group of covered OPD services for any year after 2003, the Secretary shall adjust the weight otherwise determined under this paragraph with respect to the drug or biological to the extent that reliable and valid data collected and submitted by entities and organizations other than the Department of Health and Human Services (including data submitted in public comments on the proposed rule promulgated with respect to the system established under this subsection for 2004) demonstrate that such payment weight is inadequate or inaccurate. In the case of any adjustments made pursuant to the preceding sentence for 2004, the Secretary shall not revise the relative payment weights for other groups of covered OPD services for such year to take into account such adjustments, and the medicare OPD fee schedule amount determined under paragraph (3)(D) using a relative weight resulting from such an adjustment shall be subject to the minimum amount described in clause (ii)(I) of such paragraph.''. (2) Copayments.--Section 1833(t)(8)(E) of the Social Security Act (42 U.S.C. 1395l(t)(8)(E)) is amended-- (A) in the heading, by striking ``outlier and pass- through'' and inserting ``certain''; and (B) by striking ``paragraphs (5) and (6)'' and inserting ``paragraphs (3)(D)(ii), (5), and (6)''. (3) Exceptions to budget neutrality requirement.--Section 1833(t)(9)(B) of the Social Security Act (42 U.S.C. 1395l(t)(9)(B)) is amended by adding at the end the following: ``In determining the budget neutrality adjustment required by the preceding sentence, the Secretary shall not take into account-- ``(i) any expenditures that would not have been made but for the application of clause (ii) of paragraph (3)(D); or ``(ii) any expenditures made by reason of an adjustment required by subparagraph (D) for 2004.''. (c) Study of Pharmacy Services Used To Provide Cancer Drug Therapies in Hospital Outpatient Setting.-- (1) In general.--The Comptroller General shall conduct a study of payments under part B of title XVIII of the Social Security Act for pharmacy service costs and related costs that are incurred in acquiring chemotherapy and supportive care drugs and providing these therapies to cancer patients in hospital outpatient departments. The study shall-- (A) identify pharmacy costs, including the costs of storage, handling, processing, quality control, disposal, compliance with safety protocols and regulations, establishing dosage regimens that avoid drug interactions and contraindications, and pharmacy overhead; (B) include a review of the adequacy of the current payment methodology for pharmacy service costs and related costs (including the adequacy of the methodology used to estimate costs); and (C) identify any changes to that methodology that are necessary to ensure recognition of, and appropriate payment for, all of the services and functions inherent in the provision of cancer treatment in hospital outpatient settings. (2) Report to congress.--Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study under paragraph (1), including any recommendations for legislation that is necessary to implement the changes identified under paragraph (1)(C).

Summary: Beneficiary Access to Care Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act with respect to the prospective payment system for hospital outpatient department services (OPD) to: (1) require the Secretary of Health and Human Services to treat as a separate group of covered OPD services any drug or biological that was treated as such a group as of December 31, 2002, and any drug or biological that has ceased to be eligible for transitional, pass-through payments by reason of the limited period of payment specified; and (2) add special rules for 2004 for the calculation of Medicare OPD fee schedule amounts, among other payment-related changes.Directs the Comptroller General to study and report to Congress on pharmacy services used to provide cancer drug therapies in hospital outpatient setting.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Generating American Income and Infrastructure Now Act''. SEC. 2. REQUIRED SALE OF DISTRESSED NOTES AND OTHER OBLIGATIONS. (a) In General.-- (1) Coordination of sale of distressed notes.--The Secretary of Agriculture shall sell, under terms established by the Secretary of the Treasury, distressed notes and other obligations held by the Department of Agriculture. (2) Deposit of proceeds.--Of the proceeds from the sale of the notes and obligations pursuant to paragraph (1)-- (A) 50 percent shall be deposited in an account specifically designated for purposes of carrying out infrastructure projects in low-income communities (as defined in section 45D(e) of the Internal Revenue Code of 1986); and (B) 50 percent shall be retained in the Treasury for purposes of deficit reduction. (b) Terms and Procedures of Sales.-- (1) Fair market valuation.--The Secretary of the Treasury shall consult with the Secretary of Agriculture to establish a fair market valuation for the sale of the distressed notes or other obligations pursuant to this section. (2) No recourse or liability.--The sale of distressed notes or other obligations pursuant to this section shall be on a nonrecourse basis. The Secretary of Agriculture and any subsequent purchaser of such notes or other obligations sold on a nonrecourse basis shall be relieved of any responsibilities that might have been imposed had the borrower remained indebted to the Secretary of Agriculture. (3) Contract provisions.--The sale of distressed notes or other obligations pursuant to this section shall not alter the terms specified in the note or other obligation. (4) Notification; notice and comment.--Not less than 60 days before the sale of a distressed note or other obligation pursuant to this section, the Secretary of Agriculture shall notify the borrower that the Department of Agriculture intends to sell such note or other obligation. (5) Notice and comment.--During the 60-day period before the sale of a distressed note or other obligation under this section, the Secretary of Agriculture shall provide an opportunity for notice and public comment in a manner that protects the personally identifiable information relating to the borrower. (6) Borrower opportunity to refinance.--A borrower may pay off a distressed note or other obligation at a discount to par value enabling the borrower to refinance the note or other obligation through a private market loan within 30 days after the borrower receives notification of the intent to sell such note or other obligation pursuant to paragraph (4). (7) Best price.--The Secretary of Agriculture shall obtain the highest possible return from the sales of distressed notes or other obligations under this section and may conduct sales on a competitive bidding or negotiated process, in amounts sufficiently large to assure market interest. (8) Financial advisor.--In order to assure the highest possible return, the Secretary of Agriculture may employ public finance advisors from micro-, woman-, and minority-owned businesses, as defined by the Small Business Administration. (9) Loan servicing.--Before selling any distressed note or other obligation under this section, the Secretary of Agriculture shall require persons offering to purchase the note or other obligation to demonstrate-- (A) an ability or resources to provide such servicing, with respect to the distressed note or other obligation, that the Secretary of the Treasury determines to be necessary to ensure the continued performance on the loan; and (B) the ability to generate capital to provide the borrowers of the distressed notes or other obligations such additional credit as may be necessary in proper servicing of such notes or other obligations. (c) GAO Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the sale of distressed notes or other obligations of the Department of Agriculture under this section. Such report shall include the recommendation of the Comptroller General of the United States with respect to whether such a sale should be undertaken by other Federal agencies.

Summary: Generating American Income and Infrastructure Now Act This bill requires the Department of Agriculture (USDA) to sell certain distressed notes and other obligations held by USDA. The sale must be conducted under terms and procedures established by the Department of the Treasury and specified in the bill. Of the proceeds from the sale: (1) 50% must be deposited into an account for carrying out infrastructure projects in low-income communities, and (2) 50% must be retained in the Treasury for deficit reduction.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Youth Summer Jobs Act of 2011''. SEC. 2. GRANTS FOR SUMMER JOBS FOR OUT-OF-SCHOOL YOUTH PROGRAMS. (a) In General.--The Secretary of Labor, subject to the availability of appropriations, shall award competitive grants to eligible entities for the purpose of providing job placement during the summer for out-of-school youths. (b) Eligible Entity.--For purposes of this section, an eligible entity shall-- (1) be a unit of general local government; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of Funds.-- (1) In general.--Amounts received as a grant under this section shall be used for providing summer employment for out- of-school youths that includes employment and job readiness activities, as determined by the Secretary, including work experiences and job placement. (2) Use of existing programs.--An eligible entity that operates an existing youth summer jobs program may use a grant received under this section to expand such program, in lieu of establishing a new program to provide job placement for youths, by providing under such program job training and support services, including health and nutrition referral, housing referral, financial literacy, and instruction on basic daily living skills. (d) Preference.-- (1) In general.--In awarding grants under this section, the Secretary shall give preference to an eligible entity in a community where, for the period between 2002 and 2007, at least one of the following rates was higher than the national average: (A) High school dropout rate. (B) Poverty rate. (C) Juvenile offender rate. (D) Unemployment rate. (E) Industry-depletion rate. (2) Additional preference.--In awarding grants under this section, the Secretary shall give additional preference to an eligible entity that operates in a community where, for the period between 2002 and 2007, each rate listed under paragraph (1) was higher than the national average of each such rate. (e) Grant Terms.-- (1) Duration.--A grant awarded under this section shall be for a term of not less than 5 years. (2) Grant amount.--The Secretary shall determine the amount of funds in a grant under this section. (3) Limitation on number of grants.--A grant recipient under this section shall not have more than 1 grant under this section at anytime. Once a grant term ends, the recipient of such grant may re-apply for a grant under this section. (4) Return of unobligated grant funds.--Not later than 30 days after the date on which a grant term ends, the eligible entity who received such grant shall return any unspent grant funds to the Secretary. (f) Reports.-- (1) Eligible entity.--Not later than September 30 of each fiscal year for which an eligible entity receives a grant under this section, such entity shall submit to the Secretary a report describing the grant-funded program conducted by such entity. The report shall include an assessment of how such program improved the employability skills of out-of-school youths. (2) Secretary.--Not later than August 1 of each fiscal year for which a grant is awarded under this section, the Secretary shall submit a report to Congress on the effectiveness of each grant-funded program. Such report shall include an assessment of the effectiveness of such program to improve General Education Development attainment and job placement of out-of- school youths participating in such program. (g) Definitions.--In this section: (1) Eligible youth.--The term ``eligible youth'' means an individual who has attained age 14 but not age 22. (2) Out-of-school youth.--The term ``out-of-school youth'' means-- (A) an eligible youth who is enrolled in a public or private secondary school; or (B) an eligible youth who has received a secondary school diploma or its equivalent but is basic-skills deficient, unemployed, or underemployed. (3) Secretary.--The term ``Secretary'' means the Secretary of Labor. (4) Unit of general local government.--The term ``unit of general local government'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). (h) Authorization of Appropriations.--For grants under this section, there are authorized to be appropriated to the Secretary the following amounts: (1) $20,000,000 for fiscal year 2012. (2) $30,000,000 for fiscal year 2013. (3) $40,000,000 for fiscal year 2014. (4) $50,000,000 for fiscal year 2015. (5) $60,000,000 for fiscal year 2016. (6) $60,000,000 for fiscal year 2017.

Summary: National Youth Summer Jobs Act of 2011 - Directs the Secretary of Labor to award 5-year competitive grants to eligible local government units to provide summer employment, including job readiness activities, work experiences, and job placement, for out-of-school youths age 14 to 21 who are enrolled in a public or private secondary school or have received a secondary school diploma or its equivalent but are basic-skills deficient, unemployed, or underemployed. Allows eligible entities that operate existing youth summer jobs programs to use grants to expand their programs, in lieu of establishing new job placement programs, by providing job training and support services, including health and nutrition referral, housing referral, financial literacy, and instruction on basic daily living skills.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom from Equifax Exploitation Act''. SEC. 2. DEFINITION OF CREDIT FREEZE. Section 603(q) of the Fair Credit Reporting Act (15 U.S.C. 1681a(q)) is amended by adding at the end the following: ``(6) Credit freeze.-- ``(A) In general.--The term `credit freeze' means a restriction placed at the request of a consumer or a personal representative of the consumer, on the consumer report of the consumer, that prohibits a consumer reporting agency from releasing the consumer report for a purpose relating to the extension of credit without the express authorization of the consumer. ``(B) Exception.--A credit freeze shall not apply to the use of a consumer report by any of the following: ``(i) A person, or the subsidiary, affiliate, agent, subcontractor, or assignee of the person, with whom the consumer has, or prior to assignment had, an account, contract, or debtor-creditor relationship for the purposes of reviewing the active account or collecting the financial obligation owed on the account, contract, or debt. ``(ii) A person, or the subsidiary, affiliate, agent, subcontractor, or assignee of the person, to whom access has been granted pursuant to a request by the consumer described under section 605A(i)(1)(B), for purposes of facilitating the extension of credit or other permissible use. ``(iii) Any person acting pursuant to a court order, warrant, or subpoena. ``(iv) A Federal, State, or local government, or an agent or assignee thereof. ``(v) Any person for the sole purpose of providing a credit monitoring or identity theft protection service to which the consumer has subscribed. ``(vi) Any person for the purpose of providing a consumer with a copy of the consumer report or credit score of the consumer upon request by the consumer. ``(vii) Any person or entity for insurance purposes, including use in setting or adjusting a rate, adjusting a claim, or underwriting. ``(viii) Any person acting pursuant to an authorization from a consumer to use their consumer report for employment purposes.''. SEC. 3. ENHANCEMENT OF FRAUD ALERT PROTECTIONS. Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1) is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``One- Call'' and inserting ``One-Year''; (B) in paragraph (1)-- (i) in the paragraph heading, by striking ``Initial alerts'' and inserting ``In general''; (ii) in the matter preceding subparagraph (A), by inserting ``or harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer,'' after ``identity theft,''; (iii) in subparagraph (A)-- (I) by striking ``90 days'' and inserting ``1 year''; and (II) by striking ``and'' at the end; (iv) in subparagraph (B)-- (I) by inserting ``1-year'' before ``fraud alert''; and (II) by striking the period at the end and inserting ``; and''; and (v) by adding at the end the following: ``(C) upon the expiration of the 1-year period described in subparagraph (A) or a subsequent 1-year period, and in response to a direct request by the consumer or such representative, continue the fraud alert for an additional period of 1 year if the information asserted in this paragraph remains applicable.''; and (C) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by inserting ``1-year'' before ``fraud alert''; and (ii) in subparagraph (B), by striking ``any request described in subparagraph (A)'' and inserting ``the consumer reporting agency includes the 1-year fraud alert in the file of the consumer''; (2) in subsection (b)-- (A) in the subsection heading, by striking ``Extended'' and inserting ``Seven-Year''; (B) in paragraph (1)-- (i) in subparagraph (B)-- (I) by striking ``5-year period beginning on the date of such request'' and inserting ``the 7-year period described in subparagraph (A)''; and (II) by striking ``and'' at the end; (ii) in subparagraph (C)-- (I) by striking ``extended'' and inserting ``7-year''; and (II) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(D) upon the expiration of the 7-year period described in subparagraph (A) or a subsequent 7-year period, and in response to a direct request by the consumer or such representative, continue the fraud alert for an additional period of 7 years if the consumer or such representative submits an updated identity theft report.''; and (C) in paragraph (2), by amending subparagraph (A) to read as follows: ``(A) disclose to the consumer that the consumer may request a free copy of the file of the consumer pursuant to section 612(d) during each 12-month period beginning on the date on which the 7-year fraud alert was included in the file and ending on the date of the last day that the 7-year fraud alert applies to the file of the consumer; and''; (3) in subsection (c)-- (A) by redesignating paragraphs (1), (2), and (3), as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly; (B) in the matter preceding subparagraph (A), as so redesignated, by striking ``Upon the direct request'' and inserting the following: ``(1) In general.--Upon the direct request''; and (C) by adding at the end the following: ``(2) Access to free reports.--If a consumer reporting agency includes an active duty alert in the file of an active duty military consumer, the consumer reporting agency shall-- ``(A) disclose to the active duty military consumer that the active duty military consumer may request a free copy of the file of the active duty military consumer pursuant to section 612(d), during each 12- month period beginning on the date on which the activity duty military alert is requested and ending on the date of the last day that the active duty alert applies to the file of the active duty military consumer; and ``(B) not later than 3 business days after the date on which the active duty military consumer makes a request described in subparagraph (A), provide to the active duty military consumer all disclosures required to be made under section 609, without charge to the active duty military consumer.''; (4) by amending subsection (d) to read as follows: ``(d) Procedures.--Each consumer reporting agency described in section 603(p) shall establish and make available to the public on the Internet website of the consumer reporting agency policies and procedures to comply with this section, including policies and procedures-- ``(1) that inform consumers of the availability of 1-year fraud alerts, 7-year fraud alerts, active duty alerts, and credit freezes, as applicable; ``(2) that allow consumers to request 1-year fraud alerts, 7-year fraud alerts, and active duty alerts, as applicable, and to place, temporarily lift, or fully remove a credit freeze in a simple and easy manner; and ``(3) for asserting in good faith a suspicion that the consumer has been or is about to become a victim of identity theft, fraud, or a related crime, or harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer, for a consumer seeking a 1-year fraud alert or credit freeze.''; (5) in subsection (e), in the matter preceding paragraph (1), by inserting ``1-year or 7-year'' before ``fraud alert''; (6) in subsection (f), by striking ``or active duty alert'' and inserting ``active duty alert, or credit freeze, as applicable,''; (7) in subsection (g)-- (A) by inserting ``or has been harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer,'' after ``identity theft,''; and (B) by inserting ``or credit freezes'' after ``request alerts''; and (8) in subsection (h)-- (A) in paragraph (1)-- (i) in the paragraph heading, by striking ``initial'' and inserting ``1-year''; (ii) in subparagraph (A), by striking ``initial'' and inserting ``1-year''; and (iii) in subparagraph (B)(i), by striking ``an initial'' and inserting ``a 1-year''; and (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``extended'' and inserting ``7-year''; (ii) in subparagraph (A), in the matter preceding clause (i), by striking ``extended'' and inserting ``7-year''; and (iii) in subparagraph (B), by striking ``an extended'' and inserting ``a 7-year''. SEC. 4. PROVIDING FREE ACCESS TO CREDIT FREEZES. Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1) is amended by adding at the end the following: ``(i) Credit Freezes.-- ``(1) In general.--Upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of a consumer, a consumer reporting agency that maintains a file on the consumer and has received appropriate proof of the identity of the requester (as described in section 1022.123 of title 12, Code of Federal Regulations, or any successor thereto) shall-- ``(A)(i) not later than 1 business day after receiving the request sent by postal mail, toll-free telephone, or secure electronic means as established by the agency, place a credit freeze on the file of the consumer; ``(ii) not later than 5 business days after placing a credit freeze described in clause (i), provide the consumer with written confirmation of the credit freeze and a unique personal identification number or password (other than the social security number of the consumer) for use to authorize the release of the file of the consumer for a specific period of time; and ``(iii) disclose all relevant information to the consumer relating to the procedures for temporarily lifting and fully removing a credit freeze, including a statement about the maximum amount of time given to an agency to conduct those actions; ``(B) if the consumer provides a correct personal identification number or password, temporarily lift an existing credit freeze from the file of the consumer for a period of time specified by the consumer for a specific user or category of users, as determined by the consumer-- ``(i) not later than 1 business day after receiving the request by postal mail; or ``(ii) not later than 15 minutes after receiving the request by toll-free telephone number or secure electronic means established by the agency, if the request is received during regular business hours, except if the ability of the consumer reporting agency to temporarily lift the credit freeze is prevented by-- ``(I) an act of God, including earthquakes, hurricanes, storms, or similar natural disaster or phenomenon, or fire; ``(II) unauthorized or illegal acts by a third party including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or a similar occurrence; ``(III) an operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or a similar disruption; ``(IV) governmental action, including emergency orders or regulations, judicial or law enforcement action, or a similar directive; ``(V) regularly scheduled maintenance or updates to the systems of the consumer reporting agency occurring outside of normal business hours; or ``(VI) commercially reasonable maintenance of, or repair to, the systems of the consumer reporting agency that is unexpected or unscheduled; or ``(C) if the consumer provides a correct personal identification number or password, fully remove an existing credit freeze from the file of the consumer not later than 21 business days after receiving the request by postal mail, toll-free telephone, or secure electronic means established by the consumer reporting agency. ``(2) No fee.--A consumer reporting agency may not charge a consumer a fee to place, temporarily lift, or fully remove a credit freeze. ``(3) Exclusion from third-party lists.--During the period beginning on the date on which a consumer or a representative of the consumer requests to place a credit freeze and ending the date on which the consumer or representative requests to fully remove a credit freeze, a consumer reporting agency shall exclude the consumer from any list of consumers prepared by the consumer reporting agency and provided to any third party to offer credit or insurance to the consumer as part of a transaction that was not initiated by the consumer, unless the consumer or that representative requests that the exclusion be rescinded before end of the period.''. SEC. 5. ADDITIONAL FREE CONSUMER REPORT. Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is amended-- (1) in subsection (f)(1), in the matter preceding subparagraph (A), by inserting ``or subsection (h)'' after ``through (d)''; and (2) by adding at the end the following: ``(h) Free Disclosures in Connection With Credit Freeze.--In addition to the free annual disclosure required under subsection (a)(1)(A), each consumer reporting agency that maintains a file on a consumer who requests a credit freeze under section 605A(i) shall make all disclosures pursuant to section 609 once during any 12-month period without charge to the consumer if the consumer makes a request under section 609.''. SEC. 6. REFUNDS. (a) Definitions.--In this section, the terms ``consumer'', ``consumer reporting agency'', and ``credit freeze'' have the meanings given those terms in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a), as amended by section 2. (b) Refunds.--With respect to any consumer who requested a credit freeze from a consumer reporting agency during the period beginning on September 7, 2017, and ending on the day before the date of enactment of this Act, the consumer reporting agency-- (1) shall issue a refund to the consumer for any fees charged to the consumer relating to the request for a credit freeze; and (2) may not impose a fee on the consumer to temporarily lift or fully remove the credit freeze.

Summary: Freedom from Equifax Exploitation Act This bill amends the Fair Credit Reporting Act to revise fraud alert provisions required of consumer reporting agencies. A fraud alert must be placed in a consumer's file upon request if the consumer suspects harm from an unauthorized disclosure. The time period for fraud alerts is extended from 90 days to 1 year. The bill also revises provisions relating to 7-year renewable fraud alerts in cases of identity theft. The bill establishes a credit freeze process. A consumer reporting agency must place a free credit freeze on the consumer's file upon a consumer's request, prohibiting a consumer reporting agency from releasing any credit information without the consumer's permission. Consumer reporting agencies must provide procedures for temporarily and permanently lifting the freeze at no charge to the consumer. Consumers are allowed a free credit report when requesting a credit freeze. While the file is subject to a freeze, a consumer reporting agency is prohibited from including the consumer in lists provided to third parties for credit or insurance offers. A consumer reporting agency must provide on the Internet policies and procedures for consumers to: (1) place, temporarily lift, or fully remove a credit freeze; and (2) make required statements for fraud alerts or credit freezes. The bill requires consumer reporting agencies to issue a refund of fees to any consumer who requested a credit freeze beginning September 7, 2017, through the day before enactment of this bill.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Pharmacist Services Coverage Act of 2001''. SEC. 2. MEDICARE COVERAGE OF PHARMACIST SERVICES. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by section 105(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) pharmacist services (as defined in subsection (ww));''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 105(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by adding at the end the following new subsection: ``Pharmacist Services ``(ww) The term `pharmacist services' means such drug therapy management services furnished by a pharmacist, individually or on behalf of a pharmacy provider, and such services and supplies furnished as an incident to the pharmacist's drug therapy management service, which the pharmacist is legally authorized to perform (in the State in which the individual performs such services) in accordance with State law (or the State regulatory mechanism provided by State law).''. (c) Payment.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)), as amended by section 223(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-489), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (A) by striking ``and'' before ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to pharmacist services under section 1861(s)(2)(W), the amounts paid shall be 80 percent of the lesser of the actual charge or the amount established under section 1834(n);''. (2) Establishment of fee schedule; payments prior to implementation of fee schedule.--Section 1834 of the Social Security Act (42 U.S.C. 1395m), as amended by section 223(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-487), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by adding at the end the following new subsection: ``(n) Fee Schedules for Pharmacist Services.-- ``(1) Development.--The Secretary shall develop-- ``(A) a relative value scale to serve as the basis for the payment of pharmacist services (as defined in section 1861(ww)) under this part; and ``(B) using such scale and appropriate conversion factors, fee schedules (on a regional, statewide, locality, or carrier service area basis) for payment for pharmacist services under this part, to be implemented for such services furnished during years beginning after the expiration of the 3-year period which begins on the date of enactment of this subsection. ``(2) Considerations.--In developing the relative value scale and fee schedules under paragraph (1), the Secretary shall consider differences in-- ``(A) the time required to perform types of pharmacist services; ``(B) the level of risk associated with the use of particular out-patient prescription drugs or groups of drugs; and ``(C) the health status of individuals to whom pharmacist services are provided. ``(3) Consultation.--In developing the fee schedule for pharmacist services under this subsection, the Secretary shall consult with various national organizations representing pharmacists and pharmacies and share with such organizations the relevant data and data analysis being used in establishing such fee schedule, including data on variations in payments under this part by geographic area and by service. ``(4) Payments prior to implementation of fee schedule.--In the case of a pharmacist service (as defined in section 1861(ww)) that is furnished before the implementation of the fee schedule developed under paragraph (1)(B), the Secretary shall pay an amount equal to 80 percent of the amount that the Secretary would pay for such service under the fee schedule established under section 1848 if the service were furnished by a physician or as an incident to a physician's service.''. (d) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the relative value scale and fee schedules developed under section 1834(n)(1) of the Social Security Act (as added by subsection (c)(2)) for pharmacist services furnished under part B of the medicare program under title XVIII of the Social Security Act. (e) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2002.

Summary: Medicare Pharmacist Services Coverage Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for Medicare coverage of pharmacist services.