SECTION 1. SHORT TITLE. This Act may be cited as the ``World War II Memorial Completion Act''. SEC. 2. FUND RAISING BY AMERICAN BATTLE MONUMENTS COMMISSION FOR WORLD WAR II MEMORIAL. (a) Codification of Existing Authority; Expansion of Authority.-- (1) Chapter 21 of title 36, United States Code, is amended by adding at the end the following new section: ``Sec. 2113. World War II memorial in the District of Columbia ``(a) Definitions.--In this section: ``(1) The term `World War II memorial' means the memorial authorized by Public Law 103-32 (107 Stat. 90) to be established by the American Battle Monuments Commission on Federal land in the District of Columbia or its environs to honor members of the Armed Forces who served in World War II and to commemorate the participation of the United States in that war. ``(2) The term `Commission' means the American Battle Monuments Commission. ``(3) The term `memorial fund' means the fund created by subsection (c). ``(b) Solicitation and Acceptance of Contributions.--Consistent with the authority of the Commission under section 2103(e) of this title, the Commission shall solicit and accept contributions for the World War II memorial. ``(c) Creation of Memorial Fund.--(1) There is hereby created in the Treasury a fund for the World War II memorial, which shall consist of the following: ``(A) Amounts deposited, and interest and proceeds credited, under paragraph (2). ``(B) Obligations obtained under paragraph (3). ``(C) The amount of surcharges paid to the Commission for the World War II memorial under the World War II 50th Anniversary Commemorative Coins Act. ``(D) Amounts borrowed using the authority provided under subsection (e). ``(E) Any funds received by the Commission under section 2103(l) of this title in exchange for use of, or the right to use, any mark, copyright or patent. ``(2) The Chairman of the Commission shall deposit in the memorial fund the amounts accepted as contributions under subsection (b). The Secretary of the Treasury shall credit to the memorial fund the interest on, and the proceeds from sale or redemption of, obligations held in the memorial fund. ``(3) The Secretary of the Treasury shall invest any portion of the memorial fund that, as determined by the Chairman of the Commission, is not required to meet current expenses. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Chairman of the Commission, has a maturity suitable for the memorial fund. ``(d) Use of Memorial Fund.--The memorial fund shall be available to the Commission for-- ``(1) the expenses of establishing the World War II memorial, including the maintenance and preservation amount provided for in section 8(b) of the Commemorative Works Act (40 U.S.C. 1008(b)); ``(2) such other expenses, other than routine maintenance, with respect to the World War II memorial as the Commission considers warranted; and ``(3) to secure, obtain, register, enforce, protect, and license any mark, copyright or patent that is owned by, assigned to, or licensed to the Commission under section 2103(l) of this title to aid or facilitate the construction of the World War II memorial. ``(e) Special Borrowing Authority.--(1) To assure that groundbreaking, construction, and dedication of the World War II memorial are completed on a timely basis, the Commission may borrow money from the Treasury of the United States in such amounts as the Commission considers necessary, but not to exceed a total of $65,000,000. Borrowed amounts shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the month in which the obligations of the Commission are issued. The interest payments on such obligations may be deferred with the approval of the Secretary of the Treasury, but any interest payment so deferred shall also bear interest. ``(2) The borrowing of money by the Commission under paragraph (1) shall be subject to such maturities, terms, and conditions as may be agreed upon by the Commission and the Secretary of the Treasury, except that the maturities may not exceed 20 years and such borrowings may be redeemable at the option of the Commission before maturity. ``(3) The obligations of the Commission shall be issued in amounts and at prices approved by the Secretary of the Treasury. The authority of the Commission to issue obligations under this subsection shall remain available without fiscal year limitation. The Secretary of the Treasury shall purchase any obligations of the Commission to be issued under this subsection, and for such purpose the Secretary of the Treasury may use as a public debt transaction of the United States the proceeds from the sale of any securities issued under chapter 31 of title 31. The purposes for which securities may be issued under such chapter are extended to include any purchase of the Commission's obligations under this subsection. ``(4) Repayment of the interest and principal on any funds borrowed by the Commission under paragraph (1) shall be made from amounts in the memorial fund. The Commission may not use for such purpose any funds appropriated for any other activities of the Commission. ``(f) Treatment of Borrowing Authority.--In determining whether the Commission has sufficient funds to complete construction of the World War II memorial, as required by section 8 of the Commemorative Works Act (40 U.S.C. 1008), the Secretary of the Interior shall consider the funds that the Commission may borrow from the Treasury under subsection (e) as funds available to complete construction of the memorial, whether or not the Commission has actually exercised the authority to borrow such funds. ``(g) Voluntary Services.--(1) Notwithstanding section 1342 of title 31, the Commission may accept from any person voluntary services to be provided in furtherance of the fund-raising activities of the Commission relating to the World War II memorial. ``(2) A person providing voluntary services under this subsection shall be considered to be a Federal employee for purposes of chapter 81 of title 5, relating to compensation for work-related injuries, and chapter 171 of title 28, relating to tort claims. A volunteer who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee for any other purpose by reason of the provision of such voluntary service, except that any volunteers given responsibility for the handling of funds or the carrying out of a Federal function are subject to the conflict of interest laws contained in chapter 11 of title 18, and the administrative standards of conduct contained in part 2635 of title 5, Code of Federal Regulations. ``(3) The Commission may provide for reimbursement of incidental expenses which are incurred by a person providing voluntary services under this subsection. The Commission shall determine which expenses are eligible for reimbursement under this paragraph. ``(4) Nothing in this subsection shall be construed to require Federal employees to work without compensation or to allow the use of volunteer services to displace or replace Federal employees. ``(h) Treatment of Certain Contracts.--A contract entered into by the Commission for the design or construction of the World War II memorial is not funding agreement as that term is defined in section 201 of title 35. ``(i) Extension of Authority to Establish Memorial.-- Notwithstanding section 10 of the Commemorative Works Act (40 U.S.C. 1010), the legislative authorization for the construction of the World War II memorial contained in Public Law 103-32 (107 Stat. 90) shall not expire until December 31, 2005.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2113. World War II memorial in the District of Columbia.''. (b) Conforming Amendments.--Public Law 103-32 (107 Stat. 90) is amended by striking sections 3, 4, and 5. (c) Effect of Repeal of Current Memorial Fund.--Upon the enactment of this Act, the Secretary of the Treasury shall transfer amounts in the fund created by section 4(a) of Public Law 103-32 (107 Stat. 91) to the fund created by section 2113 of title 36, United States Code, as added by subsection (a). SEC. 3. GENERAL AUTHORITY OF AMERICAN BATTLE MONUMENTS COMMISSION TO SOLICIT AND RECEIVE CONTRIBUTIONS. Subsection (e) of section 2103 of title 36, United States Code, is amended to read as follows: ``(e) Solicitation and Receipt of Contributions.--(1) The Commission may solicit and receive funds and in-kind donations and gifts from any State, municipal, or private source to carry out the purposes of this chapter. The Commission shall deposit such funds in a separate account in the Treasury. Funds from this account shall be disbursed upon vouchers approved by the Chairman of the Commission as well as by a Federal official authorized to sign payment vouchers. ``(2) The Commission shall establish written guidelines setting forth the criteria to be used in determining whether the acceptance of funds and in-kind donations and gifts under paragraph (1) would-- ``(A) reflect unfavorably on the ability of the Commission, or any employee of the Commission, to carry out the responsibilities or official duties of the Commission in a fair and objective manner; or ``(B) compromise the integrity or the appearance of the integrity of the programs of the Commission or any official involved in those programs.''. SEC. 4. INTELLECTUAL PROPERTY AND RELATED ITEMS. Section 2103 of title 36, United States Code, is amended by adding at the end the following new subsection: ``(l) Intellectual Property and Related Items.--(1) The Commission may-- ``(A) adopt, use, register, and license trademarks, service marks, and other marks; ``(B) obtain, use, register, and license the use of copyrights consistent with section 105 of title 17; ``(C) obtain, use, and license patents; and ``(D) accept gifts of marks, copyrights, patents and licenses for use by the Commission. ``(2) The Commission may grant exclusive and nonexclusive licenses in connection with any mark, copyright, patent, or license for the use of such mark, copyright or patent, except to extent the grant of such license by the Commission would be contrary to any contract or license by which the use of such mark, copyright or patent was obtained. ``(3) The Commission may enforce any mark, copyright, or patent by an action in the district courts under any law providing for the protection of such marks, copyrights, or patents. ``(4) The Attorney General shall furnish the Commission with such legal representation as the Commission may require under paragraph (3). The Secretary of Defense shall provide representation for the Commission in administrative proceedings before the Patent and Trademark Office and Copyright Office. ``(5) Section 203 of title 17 shall not apply to any copyright transferred in any manner to the Commission.''.

Summary: World War II Memorial Completion Act - Directs the American Battle Monuments Commission to solicit and accept contributions for establishing the World War II memorial in the District of Columbia or its environs (authorized under prior law). Establishes in the Treasury a fund to hold and expend such contributions. Authorizes the Commission to: (1) borrow up to $65 million from the Treasury to ensure that memorial groundbreaking, construction, and dedication are completed on a timely basis; and (2) accept voluntary services in furtherance of fund-raising activities (authorizing reimbursement of volunteer incidental expenses). Extends until December 31, 2005 (currently, May 25, 2000), the authority to construct the memorial. Revises current Commission authority to receive State, local, and private amounts for establishing the memorial to: (1) authorize the Commission to solicit (instead of just receive) such contributions; and (2) require the deposit of such amounts in the fund created under this Act. Requires the Commission to establish written guidelines for the acceptance of funds and in-kind contributions. Authorizes the Commission to adopt, obtain, use, register, and license trademarks, copyrights, and patents in connection with intellectual property and related items.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Sexual Violence Elimination Act'' or the ``Campus SaVE Act''. SEC. 2. CAMPUS SEXUAL VIOLENCE, INTIMATE PARTNER VIOLENCE, AND STALKING EDUCATION AND PREVENTION. Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) by amending paragraph (8) to read as follows: ``(8)(A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding-- ``(i) such institution's sexual assault and other intimate partner violence programs, which shall be aimed at prevention of sex offenses and other intimate partner violence, including stalking, dating violence, sexual violence, and domestic violence offenses; ``(ii) the procedures followed once a sex offense or other intimate partner violence, including stalking, dating violence, sexual violence, or domestic violence offenses has occurred, which shall include-- ``(I) providing, in writing, to each student or employee who reports to the institution that he or she has been a victim of a sex offense or other intimate partner violence-- ``(aa) an explanation of the right of victims of such offenses to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student or employee so chooses; ``(bb) an explanation of the right of victims of such offenses, when relevant, to obtain an order of protection, no contact order, restraining order, or similar lawful order issued by a criminal or civil court or enforce an order already in existence; and ``(cc) contact information for advocacy, counseling, health, mental health, legal assistance and other services available to victims both on-campus and in the local community; and ``(II) the institution honoring any order of protection, no contact order, restraining order, or similar lawful order issued by any criminal or civil court. ``(B) The policy described in subparagraph (A) shall address the following areas: ``(i) Education programs to promote the awareness of sex offenses and other intimate partner violence, including stalking, dating violence, sexual violence, and domestic violence offenses, which shall include-- ``(I) primary prevention and awareness programming for all incoming students and new employees, including information about-- ``(aa) the definition of consent in sexual relationships; ``(bb) reporting such sex offenses, including those offenses occurring on and off campus; ``(cc) bystander intervention; and ``(dd) risk reduction; and ``(II) ongoing prevention and awareness campaigns to students and faculty, including information described in items (aa) through (dd) of subclause (I). ``(ii) Possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding sex offenses or other intimate partner violence. ``(iii) Procedures victims should follow if a sex offense described in clause (ii) occurs, including who should be contacted, the importance of preserving evidence as may be necessary to the proof of criminal sexual assault, and to whom the alleged offense should be reported. ``(iv) Procedures for on-campus disciplinary action in cases of an alleged sexual offense or other intimate partner violence, including stalking, dating violence, sexual violence, or domestic violence offenses, which shall include a clear statement that-- ``(I) any accuser shall have the opportunity to request that prompt disciplinary proceedings be initiated against the accused; ``(II) such proceedings shall-- ``(aa) be conducted by officials trained to understand the issues of sex offenses and other intimate partner violence; and ``(bb) use the preponderance of the evidence standard; ``(III) the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and ``(IV) both the accuser and the accused shall be informed, in writing, of the final results of any institutional disciplinary proceeding brought alleging a sex offense or other intimate partner violence within one business day of such outcome being reached. ``(v) A student or employee who reports to the institution that he or she have been the victim of a sex offense or intimate partner violence shall receive notification of options for, and available assistance in, changing academic, living, transportation, and working situations, if such assistance is requested by the student or employee and if such accommodations are reasonably available. ``(C) Nothing in this paragraph shall be construed to confer a private right of action upon any person to enforce the provisions of this paragraph.''; (2) in paragraph (6), by adding at the end of subparagraph (A) the following new clauses: ``(iv) The term `intimate partner violence'-- ``(I) means any physical, sexual, or psychological harm against an individual by a current or former partner or spouse of the individual; ``(II) includes stalking, dating violence, sexual violence, or domestic violence offense; ``(III) includes such harm against individuals in heterosexual and same- sex relationships; and ``(IV) does not require sexual intimacy between the individual and such partner or spouse. ``(v) The term `stalking' means an individual willfully and repeatedly engaging in a knowing course of harassing conduct directed at another individual that reasonably and seriously alarms, torments, or terrorizes such individual. ``(vi) The term `primary prevention' means programming and strategies intended to stop sexual and intimate partner violence before it occurs through the changing of social norms and other approaches. ``(vii) The term `awareness programming' means any program designed to alert students to the prevalence of intimate partner violence, sexual violence, and stalking, including-- ``(I) discussions of the nature and number of cases of intimate partner violence, sexual violence, forcible sex offenses, and stalking reported at an institution of higher education in the 3 preceding calendar years; ``(II) statistics on the outcomes of disciplinary proceedings for such cases at such institution; and ``(III) risk factors associated with such cases, including physically, sexually, and psychologically controlling behavior. ``(viii) The term `bystander intervention' means safe and positive options that may be carried out by an individual to prevent or intervene when there is a risk of sexual violence against a person other than such individual. ``(ix) The term `risk reduction' means options for recognizing warning signs of abusive personalities and how to fight back against potential attackers. ``(x) The term `final results' means a decision or determination, made by an honor court or council, committee, commission, or other entity authorized to resolve disciplinary matters within the institution. The disclosure of final results shall include only the name of the accused, the violation alleged (including any institutional rules or code sections that were allegedly violated), essential findings supporting such final result, and any sanction imposed by the institution against the accused (including a description of any disciplinary action taken by the institution, the date of the imposition of such action, and the duration of such action).''; and (3) by adding at the end of paragraph (16) the following new sentence: ``The Secretary shall seek the advice and counsel of the Attorney General concerning the development, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of sex offenses, forcible and nonforcible, and other intimate partner violence including stalking, dating violence, sexual violence, and domestic violence offenses.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect with respect to any annual security report under section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by an institution of higher education in calendar year 2012 and any subsequent calendar year.

Summary: Campus Sexual Violence Elimination Act or Campus SaVE Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in a title IV program (except foreign schools) to include in its annual security report a statement of policy regarding its sexual assault and other intimate partner violence programs and the procedures it follows when such an offense occurs. Requires such procedures to include the provision, in writing, to students or employees that report to the IHE that they have been the victim of such an offense: (1) an explanation of their right to notify proper law enforcement authorities and their option to be assisted by campus authorities in doing so; (2) an explanation of their right to obtain protective orders or enforce protective orders that are already in existence, which the IHE must honor; and (3) contact information for victim services on-campus and in the locality. Requires an IHE's policy regarding sexual assault and other intimate partner violence to include: (1) education that promotes awareness of the offenses; (2) possible sanctions imposed following disciplinary action; (3) procedures victims should follow after such an offense occurs; (4) on-campus disciplinary procedures; and (5) the notification of victims regarding their options for, and assistance in, changing academic, living, transportation, and working situations. Directs the Secretary of Education to seek the Attorney General's counsel regarding the development, and dissemination to IHEs, of best practices for preventing and responding to sex offenses and other intimate partner violence.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Education Reimbursement Act of 2005''. SEC. 2. FAMILY EDUCATION REIMBURSEMENT ACCOUNTS. (a) Establishment.--The Secretary of Education, in consultation with the Secretary of Health and Human Services, shall-- (1) establish a Family Education Reimbursement Account Program under which, at the direction of the parent of each displaced student who signs up under subsection (d), the Secretary provides reimbursement to enable the student or preschool-age child to attend the school or preschool program of his or her parent's choice during the 2005-2006 school year; (2) of the amount available to carry out this section for fiscal year 2006, use not more than one third of one percent of such amount for administrative expenses, including outreach, support services, and dissemination of information; and (3) contract with a nongovernmental entity to administer and operate the program. (b) Reimbursement.-- (1) In general.--In carrying out this section, the Secretary-- (A) shall allow the parent of the participating displaced student to select the school or preschool program to be attended by the student during the 2005- 2006 school year; (B) at the direction of the parent, shall provide reimbursement to that school or preschool program on a quarterly basis; and (C) in the case of a public school, may provide such reimbursement to the appropriate local fiscal agent for the school. (2) Amount.--In providing reimbursement under paragraph (1), the Secretary shall-- (A) determine the amount of reimbursement to a school or preschool program based on the number of weeks during which the participating displaced student attended the school or preschool program during the preceding quarter; (B) subject to subparagraph (C), provide the same amount of reimbursement to each school and preschool program for each week of attendance by one participating displaced student; (C) not provide reimbursement that exceeds the actual cost of the school for educating students, or the actual cost of the preschool program, for the same period for students who are not displaced students; (D) not provide reimbursement of more than $6,700 on behalf of any student for the 2005-2006 school year; and (E) discontinue reimbursement once a displaced student returns to the school he or she attended prior to August 29, 2005. (3) Use of funds.--The Secretary may provide reimbursement under paragraph (1) on behalf of a displaced student only if the school or preschool program involved agrees-- (A) to use the reimbursement for providing educational and other services to the displaced student; and (B) not to use the reimbursement for the construction or renovation of facilities. (c) Accounting of Funds.--The Secretary shall provide an appropriate accounting of funds for each school or program that receives a payment on behalf of one or more participating displaced students under this section. (d) Registration.-- (1) In general.--To seek to participate in the program under this section, the parent of a displaced student shall sign up by means of the Internet site, toll-free telephone number, or paper form developed under subsection (e). (2) Account numbers.--Upon completion of registration for the program under this section-- (A) the displaced student shall be assigned an account number; and (B) the account number shall be made available to the parent of the student. (3) Families.--If a parent has more than one child who is a displaced student-- (A) the parent shall be allowed to register each child under this subsection at the same time; and (B) the same account number under paragraph (2) shall be provided to each child. (e) FERA System Development and Establishment.-- (1) In general.--The Secretary shall develop and implement a web-based system-- (A) to support the registration in the program under this section of displaced students by means of an Internet site, toll-free telephone number, or paper form; and (B) to facilitate the timely payment of funds from the accounts of families participating in the program under this section to the school or preschool program authorized to be reimbursed for educational and other services rendered. (2) System requirements.-- (A) Internet site; toll-free telephone number; paper form.--The Internet site and toll-free telephone number developed pursuant to paragraph (1)-- (i) shall be integrated with each other; (ii) shall, with respect to the toll-free telephone number, not be fully automated; (iii) shall be operational not later than 2 weeks after the date of the enactment of this section; (iv) shall include privacy controls, consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g); (v) shall be accessible to participating displaced students and their parents for the purpose of determining-- (I) the amount expended under this section on the student's behalf to date; and (II) the amount remaining for expenditure under this section on the student's behalf; (vi) shall be accessible to schools and preschool programs for the purpose of facilitating reimbursement under subsection (b); (vii) shall support non-English speaking parents by providing information and registration in an understandable and uniform format and, to the extent practicable, in a language the parents can understand; (viii) may use existing Federal grant management and electronic payment systems; (ix) shall include information technology and other controls necessary to prevent fraud and overpayment, including mechanisms to validate family and school information; and (x) shall provide technical support services (including support for registration and processing of accounts) to the families of participating displaced students and the schools and preschool programs in which the students are enrolled. (B) Payment system.--The Secretary shall ensure that-- (i) the payment system required to carry out this section is operational not later than 4 weeks after the date of the enactment of this section; and (ii) the first disbursements under this section are made not later than 5 weeks after the date of the enactment of this section. (3) Contractor requirements.--The Secretary shall award the contract required by subsection (a)(3) to a nongovernmental entity that-- (A) has experience meeting the requirements described in paragraph (2)(A); (B) demonstrates expertise in the development and operation of information technology infrastructures, including the manufacture and supply of hardware and software, information management, electronic fund transfer payment systems, and customer relations management and outreach; (C) demonstrates significant experience in the development, implementation, and technical support for payment management systems operated by agencies of the Federal Government, including the Department of Education and the Department of Health and Human Services; and (D) is based, and operates help desk services, in the United States. (f) Transferring Students.-- (1) In general.--Subject to paragraph (2), the Secretary shall continue to provide reimbursement under this section on behalf of a participating displaced student who transfers to one or more schools or preschool programs during the 2005-2006 school year. (2) Exception.--The Secretary shall not provide reimbursement under this section on behalf of a participating displaced student with respect to any school or preschool program which the student attends for less than 2 consecutive weeks during the 2005-2006 school year. (g) Additional Amount for Administrative Expenses.--In providing reimbursement to an entity under this section-- (1) the Secretary shall include an additional amount equal to 1 percent of the total amount of such reimbursement to the entity for the purpose of defraying administrative expenses; (2) such additional amount shall not be counted for purposes of the maximum reimbursement amount specified in subsections (b)(2)(C) and (b)(2)(D); and (3) of the amount specified in subsections (b)(2)(C) and (b)(2)(D), 100 percent of such amount shall be made available to the school or preschool program. (h) Procurement.--For purposes of the contract required by subsection (a)(3), the following provisions of Federal acquisition law shall not apply: (1) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). (2) The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.). (3) The Federal Acquisition Streamlining Act of 1994 (Public Law 103-355). (4) The Competition in Contracting Act. (5) Subchapter V of chapter 35 of title 31, relating to the procurement protest system. (6) The Federal Acquisition Regulation and any laws not listed in paragraphs (1) through (5) providing authority to promulgate regulations in the Federal Acquisition Regulation. (i) Audit.--The Secretary may provide reimbursement under this section to a school or program on behalf of a displaced student only if the school or program agrees to allow the Secretary to conduct an audit to review and verify that the school or program is using the reimbursement in accordance with subsection (b)(3). (j) Nondiscrimination.-- (1) In general.--The Secretary may provide reimbursement under this section to a school or preschool program only if the school or program agrees not to discriminate against participating displaced students (including applicants) on the basis of race, color, national origin, religion, or sex. (2) Applicability and single sex schools, classes, or activities.-- (A) In general.--Notwithstanding any other provision of law, the prohibition of sex discrimination in paragraph (1) shall not apply to a school or preschool program that is operated by, supervised by, controlled by, or connected to a religious organization to the extent that the application of paragraph (1) is inconsistent with the religious tenets or beliefs of the school or program. (B) Single sex schools, classes, or activities.-- Notwithstanding paragraph (1) or any other provision of law, a parent may choose and a school may offer a single sex school, class, or activity. (3) Children with disabilities.--Nothing in this section may be construed to alter or modify the provisions of the Individuals with Disabilities Education Act. (4) Religiously affiliated schools.-- (A) In general.--Notwithstanding any other provision of law, a school or preschool program receiving reimbursement under this section that is operated by, supervised by, controlled by, or connected to, a religious organization may exercise its right in matters of employment consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1 et seq.), including the exemptions in such title. (B) Maintenance of purpose.--Notwithstanding any other provision of law, funds made available under this section on behalf of participating displaced students that are received by a school or preschool program, as a result of their parents' choice, shall not, consistent with the first amendment of the United States Constitution, necessitate any change in the school or program's teaching mission, require any school or program to remove religious art, icons, scriptures, or other symbols, or preclude any school or program from retaining religious terms in its name, selecting its board members on a religious basis, or including religious references in its mission statements and other chartering or governing documents. (5) Rule of construction.--Reimbursement (or any other form of support provided on behalf of participating displaced students) under this section shall be considered assistance to the student and shall not be considered assistance to the school or preschool program that enrolls the student. (k) Reports.--At the end of each quarter described in subsection (b)(2)(A), the Secretary shall submit a report to the appropriate committees of the Congress describing the implementation and results of the program under this section. Such report shall-- (1) specify the number of children served, the percentage of funds used on instructional activities, and the percentage of funds used for supplemental educational services; and (2) include information on the mobility of displaced students. (l) Definitions.--In this section: (1) The term ``displaced student'' means a student who is at least 4 years old, has not completed 12th grade, and would have attended another school or preschool program during the 2005-2006 school year, but for the fact that-- (A) the school, the program, or the surrounding area was damaged by a Gulf hurricane disaster; and (B) the school or program could not reopen shortly after the disaster. (2) The term ``Gulf hurricane disaster'' means a major disaster that was declared to exist by the President, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), and was caused by Hurricane Katrina or Hurricane Rita. (3) The term ``parent'' has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) The term ``participating displaced student'' means a displaced student participating in the program under this section. (5) The term ``preschool program'' means a public or private program serving 4 or 5 year old children, including any such Head Start program, that is in compliance with applicable State health and safety requirements. (6) The term ``school'' means a public or private elementary school or secondary school (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), including a religious elementary school or secondary school, that was legally operating in the State involved before September 1, 2005. (7) The term ``Secretary'' means the Secretary of Education, in consultation with the Secretary of Health and Human Services. (m) Funding.-- (1) In general.--Out of funds not otherwise appropriated, there is hereby appropriated to the Secretary of Education, to carry out this section, $2,500,000,000, to remain available through the period ending on July 31, 2006. Any such funds that are not obligated by the end of such period shall revert to the Treasury. (2) Contributions.--Under such terms and conditions as the Secretary may impose, the Secretary may, for the purpose of carrying out this section, accept and use such amounts as may be contributed by individuals, business concerns, or other entities for such purpose.

Summary: Family Education Reimbursement Act of 2005 - Directs the Secretary of Education to establish a Family Education Reimbursement Account Program for families of students displaced by Hurricane Katrina or Hurricane Rita. Provides for reimbursing parents for costs of such students or preschool-age children attending schools or preschool programs, chosen by the parents, during the 20052006 school year. Requires the Secretary to make a contract with a nongovernmental entity to administer and operate the program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Lamprey Wild and Scenic River Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Lamprey River Study Act of 1991 (Public Law 102- 214; 105 Stat. 1663) authorized the study of a segment of the Lamprey River in New Hampshire for potential inclusion in the National Wild and Scenic Rivers System; (2) the study determined that the segment of river from the Bunker Pond Dam in Epping, New Hampshire, to the confluence with the Piscassic River near the Durham-Newmarket town line is eligible for inclusion in the National Wild and Scenic Rivers System based on the free-flowing condition and outstanding ecological, anadromous fish, and historical values of the segment; (3) during the study, the Lamprey River Advisory Committee, with assistance from the National Park Service and the New Hampshire Department of Environmental Services, prepared a comprehensive management plan for the studied river segment, dated January 10, 1995 (referred to in this Act as the ``Lamprey River Management Plan''), which establishes objectives, standards, and action programs that will ensure long-term protection of the outstanding values of the river and compatible management of the land and water resources of the river, without Federal management of affected lands not owned by the United States; (4) the Lamprey River Advisory Committee has unanimously voted in favor of wild and scenic river designation for the river, and has included this recommendation as an integral part of the Lamprey River Management Plan; and (5)(A) the governing bodies of the towns of Newmarket, Durham, and Lee have voted to endorse the Lamprey River Management Plan and to seek designation of the river as a component of the National Wild and Scenic Rivers System; and (B) the upstream town of Epping, which participated in the study on an informal basis, has chosen not to vote on the Lamprey River Management Plan or designation at this time. SEC. 3. DESIGNATION. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``( ) Lamprey river, new hampshire.--The 11.5-mile segment extending from the southern Lee town line to the confluence with the Piscassic River in the vicinity of the Durham- Newmarket town line (referred to in this paragraph as the `segment') as a recreational river. The segment shall be administered by the Secretary of the Interior through cooperative agreements between the Secretary and the State of New Hampshire and the towns of Durham, Lee, and Newmarket, New Hampshire, under section 10(e). The segment shall be managed in accordance with the Lamprey River Management Plan dated January 10, 1995, and such amendments to the plan as the Secretary of the Interior determines are consistent with this Act. The plan shall be deemed to satisfy the requirements for a comprehensive management plan pursuant to section 3(d).''. SEC. 4. MANAGEMENT. (a) Committee.--The Secretary of the Interior shall coordinate the management responsibilities of the Secretary under this Act and the amendment made by this Act with respect to the river segment designated by the amendment made by section 3 (referred to in this section as the ``segment'') with the Lamprey River Advisory Committee established under section 483 of the New Hampshire Revised Statutes Annotated. (b) Land Management.-- (1) Zoning ordinances.--For the purposes of the segment, the zoning ordinances adopted by the towns of Durham, Lee, and Newmarket, New Hampshire, including provisions for conservation of shorelands, floodplains, and wetlands associated with the segment, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) Acquisition of lands.--The provisions of section 6(c) that prohibit Federal acquisition of lands by condemnation shall apply to the segment. The authority of the Secretary to acquire lands for the purposes of the segment shall be limited to acquisition by donation or acquisition with the consent of the owner of the lands, and shall be subject to the additional criteria set forth in the Lamprey River Management Plan. SEC. 5. UPSTREAM SEGMENT. Upon request by the town of Epping, New Hampshire, which abuts an additional 12 miles of river found eligible for designation as a recreational river under the study described in section 2(1), the Secretary of the Interior shall offer assistance concerning continued involvement of the town of Epping in the implementation of the Lamprey River Management Plan and in consideration of potential future addition of the portion of the river within Epping as a component of the National Wild and Scenic Rivers System. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act and the amendment made by this Act.

Summary: Lamprey Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act (the Act) to designate a specified segment of the Lamprey River in New Hampshire as a component of the National Wild and Scenic Rivers System. Requires the segment to be: (1) administered as a recreational river by the Secretary of the Interior through cooperative agreements between the Secretary and the State of New Hampshire and the towns of Durham, Lee, and Newmarket, New Hampshire; and (2) managed in accordance with the Lamprey River Management Plan. Deems the Plan to satisfy the requirement for a comprehensive management plan pursuant to the Act. Requires the Secretary to coordinate the Secretary's management responsibilities under this Act with the Lamprey River Advisory Committee. Deems the zoning ordinances adopted by such towns, including provisions for conservation of shorelands, floodplains, and wetlands associated with the segment, to satisfy the standards and requirements of the Act. Applies to the segment provisions of the Act which prohibit Federal acquisition of lands by condemnation. Provides that the acquisition of lands for purposes of this Act shall be limited to donation or acquisition with the owner's consent and shall be subject to the additional criteria set forth in the Plan. Requires the Secretary to offer assistance regarding continued involvement of the town of Epping, New Hampshire, in the implementation of the Plan and in consideration of potential future addition of that portion of the River within Epping as a component of the System. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Emergency Treatment Act'' or the ``VET Act''. SEC. 2. CLARIFICATION OF EMERGENCY HOSPITAL CARE FURNISHED BY THE SECRETARY OF VETERANS AFFAIRS TO CERTAIN VETERANS. (a) In General.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1730A the following new section: ``Sec. 1730B. Examination and treatment for emergency medical conditions and women in labor ``(a) Medical Screening Examinations.--In carrying out this chapter, if any enrolled veteran requests, or a request is made on behalf of the veteran, for examination or treatment for a medical condition, regardless of whether such condition is service-connected, at a hospital emergency department of a medical facility of the Department, the Secretary shall ensure that the veteran is provided an appropriate medical screening examination within the capability of the emergency department, including ancillary services routinely available to the emergency department, to determine whether an emergency medical condition exists. ``(b) Necessary Stabilizing Treatment for Emergency Medical Conditions and Labor.--(1) If an enrolled veteran comes to a medical facility of the Department and the Secretary determines that the veteran has an emergency medical condition, the Secretary shall provide either-- ``(A) such further medical examination and such treatment as may be required to stabilize the medical condition; or ``(B) for the transfer of the veteran to another medical facility of the Department or a non-Department facility in accordance with subsection (c). ``(2) The Secretary is deemed to meet the requirement of paragraph (1)(A) with respect to an enrolled veteran if the Secretary offers the veteran the further medical examination and treatment described in such paragraph and informs the veteran (or an individual acting on behalf of the veteran) of the risks and benefits to the veteran of such examination and treatment, but the veteran (or individual) refuses to consent to the examination and treatment. The Secretary shall take all reasonable steps to secure the written informed consent of such veteran (or individual) to refuse such examination and treatment. ``(3) The Secretary is deemed to meet the requirement of paragraph (1) with respect to an enrolled veteran if the Secretary offers to transfer the individual to another medical facility in accordance with subsection (c) of this section and informs the veteran (or an individual acting on behalf of the veteran) of the risks and benefits to the veteran of such transfer, but the veteran (or individual) refuses to consent to the transfer. The hospital shall take all reasonable steps to secure the written informed consent of such veteran (or individual) to refuse such transfer. ``(c) Restriction of Transfers Until Veteran Stabilized.--(1) If an enrolled veteran at a medical facility of the Department has an emergency medical condition that has not been stabilized, the Secretary may not transfer the veteran to another medical facility of the Department or a non-Department facility unless-- ``(A)(i) the veteran (or a legally responsible individual acting on behalf of the veteran), after being informed of the obligation of the Secretary under this section and of the risk of transfer, requests in writing a transfer to another medical facility; ``(ii) a physician has signed a certification (including a summary of the risks and benefits) that, based upon the information available at the time of transfer, the medical benefits reasonably expected from the provision of appropriate medical treatment at another medical facility outweigh the increased risks to the veteran and, in the case of labor, to the unborn child from effecting the transfer; or ``(iii) if a physician is not physically present in the emergency department at the time a veteran is transferred, a qualified medical person (as defined by the Secretary in regulations) has signed a certification described in clause (ii) after a physician, in consultation with the person, has made the determination described in such clause, and subsequently countersigns the certification; and ``(B) the transfer is an appropriate transfer as described in paragraph (2). ``(2) An appropriate transfer to a medical facility is a transfer-- ``(A) in which the transferring medical facility provides the medical treatment within the capacity of the facility that minimizes the risks to the health of the enrolled veteran and, in the case of a woman in labor, the health of the unborn child; ``(B) in which the receiving facility-- ``(i) has available space and qualified personnel for the treatment of the veteran; and ``(ii) has agreed to accept transfer of the veteran and to provide appropriate medical treatment; ``(C) in which the transferring facility sends to the receiving facility all medical records (or copies thereof), related to the emergency condition for which the veteran has presented, available at the time of the transfer, including records related to the emergency medical condition of the veteran, observations of signs or symptoms, preliminary diagnosis, treatment provided, results of any tests and the informed written consent or certification (or copy thereof) provided under paragraph (1)(A), and the name and address of any on-call physician (described in subsection (d)(1)(C) of this section) who has refused or failed to appear within a reasonable time to provide necessary stabilizing treatment; ``(D) in which the transfer is effected through qualified personnel and transportation equipment, as required including the use of necessary and medically appropriate life support measures during the transfer; and ``(E) that meets such other requirements as the Secretary may find necessary in the interest of the health and safety of veterans transferred. ``(d) Charges.--(1) Nothing in this section may be construed to affect any charges that the Secretary may collect from a veteran or third party. ``(2) The Secretary shall treat any care provided by a non- Department facility pursuant to this section as care otherwise provided by a non-Department facility pursuant to this chapter for purposes of paying such non-Department facility for such care. ``(e) Nondiscrimination.--A medical facility of the Department or a non-Department facility, as the case may be, that has specialized capabilities or facilities (such as burn units, shock-trauma units, neonatal intensive care units, or (with respect to rural areas) regional referral centers as identified by the Secretary in regulation) shall not refuse to accept an appropriate transfer of an enrolled veteran who requires such specialized capabilities or facilities if the facility has the capacity to treat the veteran. ``(f) No Delay in Examination or Treatment.--A medical facility of the Department or a non-Department facility, as the case may be, may not delay provision of an appropriate medical screening examination required under subsection (a) or further medical examination and treatment required under subsection (b) of this section in order to inquire about the method of payment or insurance status of an enrolled veteran. ``(g) Whistleblower Protections.--The Secretary may not take adverse action against an employee of the Department because the employee refuses to authorize the transfer of an enrolled veteran with an emergency medical condition that has not been stabilized or because the employee reports a violation of a requirement of this section. ``(h) Definitions.--In this section: ``(1) The term `emergency medical condition' means-- ``(A) a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in-- ``(i) placing the health of the enrolled veteran (or, with respect to an enrolled veteran who is a pregnant woman, the health of the woman or her unborn child) in serious jeopardy; ``(ii) serious impairment to bodily functions; or ``(iii) serious dysfunction of any bodily organ or part; or ``(B) with respect to an enrolled veteran who is a pregnant woman having contractions-- ``(i) that there is inadequate time to effect a safe transfer to another hospital before delivery; or ``(ii) that transfer may pose a threat to the health or safety of the woman or the unborn child. ``(2) The term `enrolled veteran' means a veteran who is enrolled in the health care system established under section 1705(a) of this title. ``(3) The term `to stabilize' means, with respect to an emergency medical condition described in paragraph (1)(A), to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result from or occur during the transfer of the enrolled veteran from a facility, or, with respect to an emergency medical condition described in paragraph (1)(B), to deliver (including the placenta). ``(4) The term `stabilized' means, with respect to an emergency medical condition described in paragraph (1)(A), that no material deterioration of the condition is likely, within reasonable medical probability, to result from or occur during the transfer of the individual from a facility, or, with respect to an emergency medical condition described in paragraph (1)(B), that the woman has delivered (including the placenta). ``(5) The term `transfer' means the movement (including the discharge) of an enrolled veteran outside the facilities of a medical facility of the Department at the direction of any individual employed by (or affiliated or associated, directly or indirectly, with) the Department, but does not include such a movement of an individual who-- ``(A) has been declared dead; or ``(B) leaves the facility without the permission of any such person.''. (b) Clerical Amendment.--The table of sections of such chapter is amended by inserting after the item relating to section 1730A the following new item: ``1730B. Examination and treatment for emergency medical conditions and women in labor.''.

Summary: Veterans Emergency Treatment Act or the VET Act This bill requires that a veteran enrolled in the Department of Veterans Affairs (VA) health care program who requests a medical examination or treatment at an emergency department of a VA medical facility be provided with a medical screening examination to determine whether an emergency medical condition exists and, if so, stabilizing medical treatment or a transfer to another VA or non-VA medical facility. If a non-stabilized emergency medical condition exists, the VA hospital may not transfer the veteran unless: (1) the veteran, after being made aware of the risks, makes a written transfer request; or (2) a physician (or a qualified medical person if a physician is not present) certifies that the medical benefits of a transfer outweigh the risks. The VA may not take adverse action against a VA employee because the employee refuses to authorize the transfer of an enrolled veteran with a non-stabilized emergency medical condition or because the employee reports a violation of a requirement of this bill. A VA or non-VA medical facility may not delay provision of an appropriate medical screening examination or further medical examination and treatment required in order to inquire about the payment method or insurance status of an enrolled veteran.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat and Poultry Products Inspection Amendments of 1994''. SEC. 2. FEDERAL AND STATE COOPERATION UNDER THE FEDERAL MEAT INSPECTION ACT. (a) Removal of Intrastate Distribution Limitation.--Section 301(a)(1) of the Federal Meat Inspection Act (21 U.S.C. 661(a)(1)) is amended by striking ``solely for distribution within such State''. (b) Use of State Inspectors.--Section 301(a) of such Act (21 U.S.C. 661(a)) is amended by adding at the end the following new paragraph: ``(5) In addition to appointing inspectors under section 21, the Secretary may enter into an agreement with a State or the District of Columbia to utilize an officer or employee of the State or the District of Columbia to conduct any examination, investigation, or inspection authorized under this Act, if the Secretary determines that it is practicable for the examination, investigation, or inspection to be so conducted.''. (c) Termination of Designation of State as Subject to Federal Inspection for Intrastate Distribution.--Section 301(c)(3) of such Act (21 U.S.C. 661(c)(3)) is amended by striking ``, with respect to the operations and transactions within such State which are regulated under subparagraph (1), he'' and inserting ``with respect to each establishment within the jurisdiction of the State that does not operate under Federal inspection under title I and at which any cattle, sheep, swine, goat, or equine is slaughtered, or the carcass of the animal, or a part or product of the carcass of the animal, is prepared, for use as human food, and with respect to the distribution of each carcass, part of a carcass, meat, or meat food product of the animal within the State, the Secretary''. (d) Expansion of State Inspection Authority.--Section 301 of such Act (21 U.S.C. 661) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d)(1) Except as provided in paragraph (2), a carcass, part of a carcass, meat, or meat food product of a cattle, sheep, swine, goat, or equine prepared under State inspection in a State (other than a State designated under subsection (c)) in compliance with the meat inspection law of the State shall be eligible for sale or transportation in interstate commerce, and for entry into and use in the preparation of a product in an establishment at which Federal inspection is maintained under title I, in the same manner and to the same extent as a product prepared at the establishment. ``(2) A State-inspected article described in paragraph (1), and a federally inspected article prepared (in whole or in part) from the State-inspected article-- ``(A) shall not be eligible for sale or transportation in foreign commerce; and ``(B) shall be separated at all times from all other federally inspected articles in a federally inspected establishment that engages in the preparation, sale, or transportation of carcasses, parts of carcasses, meat, or meat food products, for foreign commerce. ``(3) Each carcass, part of a carcass, meat, or meat food product that is inspected in a program of inspection in a State (other than a State designated under subsection (c)) pursuant to State law shall be identified as so inspected only by an official mark that identifies the State and is of such design as the State shall prescribe. A federally inspected article prepared (in whole or in part) from the State- inspected article shall be identified as so inspected only by the same official mark as is prescribed by the Secretary for an article slaughtered or prepared under title I. ``(4) Except as provided in paragraph (5), the operator of an establishment operated under Federal or State inspection who wishes to transfer to State or Federal inspection, as the case may be, may do so only as of October 1 of any year. The transfer shall occur only if-- ``(A) the operator provides written notice of the intention to transfer to both inspection agencies at least 180 days in advance of the date referred to in the preceding sentence; and ``(B) the Secretary determines that the transfer will effectuate the purposes set forth in section 2 and will not adversely affect the stability of the total State and Federal inspection systems. ``(5) The Secretary may permit the operator of an establishment to transfer from State to Federal inspection at any time if the operator presents clear and convincing evidence to the Secretary that the establishment intends to, and will be able to, engage in foreign commerce to a substantial extent in a manner that would require Federal inspection. ``(6) As used in this subsection, the term `interstate commerce' means commerce between States or between a State and the District of Columbia.''. (e) Prohibition on Additional or Different State Requirements.-- Section 408 of such Act (21 U.S.C. 678) is amended to read as follows: ``SEC. 408. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS. ``(a) Requirements Relating to Establishments.-- ``(1) In general.--Except as provided in paragraph (2), a State or Territory or the District of Columbia may not impose a requirement within the scope of this Act with respect to the premises, facility, or operation of an establishment at which inspection is provided under title I that is in addition to, or different than, a requirement under this Act. ``(2) Recordkeeping requirements.--A State or Territory or the District of Columbia may impose a recordkeeping or other requirement within the scope of section 202, if the requirement is consistent with such section, with respect to an establishment. ``(b) Requirements Relating to Marking, Labeling, Packaging, and Ingredients.-- ``(1) In general.--Except as provided in paragraph (2), a State or Territory or the District of Columbia may not impose a marking, labeling, packaging, or ingredient requirement that is in addition to, or different than, a requirement under this Act with respect to an article prepared at an establishment under Federal inspection in accordance with title I or with respect to an article prepared for commerce at a State-inspected establishment in accordance with section 301(d). ``(2) Concurrent jurisdiction.--A State or territory or the District of Columbia may, consistent with this Act, exercise concurrent jurisdiction with the Secretary over an article distributed in commerce or otherwise subject to this Act, for the purpose of preventing the distribution for use as human food of an article that is not in compliance with this Act and is outside of a federally or State-inspected establishment, or in the case of an imported article, that is not at such an establishment, after the entry of the article into the United States. ``(c) Effect on Other Laws.--This Act shall not preclude a State or Territory or the District of Columbia from imposing a requirement or taking any other action, consistent with this Act, with respect to an area regulated under this Act that is not referred to in this section.''. SEC. 3. FEDERAL AND STATE COOPERATION UNDER THE POULTRY PRODUCTS INSPECTION ACT. (a) Removal of Intrastate Distribution Limitation.--Section 5(a)(1) of the Poultry Products Inspection Act (21 U.S.C. 454(a)(1)) is amended by striking ``solely for distribution within such State''. (b) Use of State Inspectors.--Section 5(a) of such Act (21 U.S.C. 454(a)) is amended by adding at the end the following new paragraph: ``(5) The Secretary may enter into an agreement with a State or the District of Columbia to utilize an officer or employee of the State or the District of Columbia to conduct any examination, investigation, or inspection authorized under this Act, if the Secretary determines that it is practicable for the examination, investigation, or inspection to be so conducted.''. (c) Termination of Designation of State as Subject to Federal Inspection for Intrastate Distribution.--Section 5(c)(3) of such Act (21 U.S.C. 454(c)(3)) is amended by striking ``, with respect to the operations and transactions within such State which are regulated under subparagraph (1) of this paragraph (c), he'' and inserting ``with respect to each establishment within the jurisdiction of the State that does not operate under Federal inspection under this Act and at which any poultry is slaughtered, or any poultry product is processed, for use as human food, and with respect to the distribution of each poultry product within the State, the Secretary''. (d) Expansion of State Inspection Authority.--Section 5 of such Act (21 U.S.C. 454) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d)(1) Except as provided in paragraph (2), a poultry product processed under State inspection in a State (other than a State designated under subsection (c)) in compliance with the poultry products inspection law of the State shall be eligible for sale or transportation in interstate commerce, and for entry into and use in the preparation of a product in an establishment at which Federal inspection is maintained under this Act, in the same manner and to the same extent as a poultry product processed at the establishment. A poultry product that complies with the poultry product inspection laws of the State (other than a State designated under subsection (c)) in which the product was processed shall be considered to comply with this Act. ``(2) A State-inspected poultry product described in paragraph (1), and a federally inspected poultry product processed (in whole or in part) from the State-inspected poultry product-- ``(A) shall not be eligible for sale or transportation in foreign commerce; and ``(B) shall be separated at all times from all other federally inspected poultry products in a federally inspected establishment that engages in the processing, sale, or transportation of poultry products for foreign commerce. ``(3) A poultry product that is inspected in a program of inspection in a State (other than a State designated under subsection (c)) pursuant to State law shall be identified as so inspected only by an official mark that identifies the State and is of such design as the State shall prescribe. A federally inspected poultry product processed (in whole or in part) from a State-inspected poultry product shall be identified as so inspected only by the same official mark as is prescribed by the Secretary for a poultry product processed under this Act (other than this section or section 11). ``(4) Except as provided in paragraph (5), the operator of an establishment operated under Federal or State inspection who wishes to transfer to State or Federal inspection, as the case may be, may do so only as of October 1 of any year. The transfer shall occur only if-- ``(A) the operator provides written notice of the intention to transfer to both inspection agencies at least 180 days in advance of the date referred to in the preceding sentence; and ``(B) the Secretary determines that the transfer will effectuate the legislative policy set forth in section 3 and will not adversely affect the stability of the total Federal and State inspection systems. ``(5) The Secretary may permit the operator of an establishment to transfer from State to Federal inspection at any time if the operator presents clear and convincing evidence to the Secretary that the establishment intends to, and will be able to, engage in foreign commerce to a substantial extent in a manner that would require Federal inspection. ``(6) As used in this subsection, the term `interstate commerce' means commerce between States or between a State and the District of Columbia.''. (e) Prohibition on Additional or Different State Requirements.-- Section 23 of such Act (21 U.S.C. 467e) is amended to read as follows: ``SEC. 23. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS. ``(a) Requirements Relating to Establishments.-- ``(1) In general.--Except as provided in paragraph (2), a State or territory or the District of Columbia may not impose a requirement within the scope of this Act with respect to the premises, facility, or operation of an official establishment, that is in addition to, or different than, a requirement under this Act. ``(2) Recordkeeping requirements.--A State or territory or the District of Columbia may impose a recordkeeping or other requirement within the scope of section 11(b), if the requirement is consistent with such section, with respect to an establishment. ``(b) Requirements Relating to Marking, Labeling, Packaging, and Ingredients.-- ``(1) In general.--A State or territory or the District of Columbia may not impose-- ``(A) except as provided in paragraph (2), a marking, labeling, packaging, or ingredient requirement that is in addition to, or different than, a requirement under this Act with respect to an article prepared at an establishment under Federal inspection in accordance with this Act or with respect to an article prepared for commerce at a State-inspected establishment in accordance with section 5(d); or ``(B) any other storage or handling requirement found by the Secretary to unduly interfere with the free flow of any poultry product in commerce. ``(2) Concurrent jurisdiction.--A State or territory or the District of Columbia may, consistent with this Act, exercise concurrent jurisdiction with the Secretary over an article distributed in commerce or otherwise subject to this Act, for the purpose of preventing the distribution for use as human food of any article that is not in compliance with this Act and is outside of a federally or State-inspected establishment, or in the case of an imported article, that is not at such an establishment, after the entry of the article into the United States. ``(c) Effect on Other Laws.--This Act shall not preclude a State or territory or the District of Columbia from imposing a requirement or taking any other action, consistent with this Act, with respect to an area regulated under this Act that is not referred to in this section.''.

Summary: Meat and Poultry Products Inspection Amendments of 1994 - Amends the Federal Meat Inspection Act to: (1) permit State inspected meat and meat products to be sold or transported in interstate commerce; (2) permit the Secretary of Agriculture to use State inspectors; (3) permit State inspected meat products to be used in the preparation of products processed in federally inspected facilities; and (4) prohibit the imposition of additional or different State facilities or marketing and labeling requirements than apply under such Act. Amends the Poultry Products Inspection Act to make similar amendments for poultry and poultry products.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Help Emergency Responders Operate Act''. SEC. 2. VOLUNTEER FIRE ASSISTANCE PROGRAM. There are authorized to be appropriated to the Secretary of Agriculture for carrying out section 10(b) (1) through (3) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106(b) (1) through (3)), $10,000,000 for each of the fiscal years 2001 and 2002. SEC. 3. LOAN GUARANTEES FOR LOW-INTEREST LOANS FOR VOLUNTEER FIRE AND RESCUE SERVICES. Subtitle A of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended by adding at the end the following new section: ``SEC. 616. LOAN GUARANTEES FOR LOW-INTEREST LOANS FOR VOLUNTEER FIRE AND RESCUE SERVICES. ``(a) In General.--The Director may, using amounts in the account established under subsection (i)(1), guarantee loans to volunteer fire and rescue agencies for the purposes described in subsection (b) for the entire principal and interest on the loan. ``(b) Use of Amounts.--The proceeds of a loan guaranteed under this section to a volunteer fire and rescue agency may be used only-- ``(1) to purchase equipment necessary for proper performance of the duties of the agency, including fire fighting apparatus and equipment, ambulances and rescue vehicles, protective equipment and clothing, and training equipment; ``(2) to repair, rehabilitate, or otherwise improve existing facilities of the agency; ``(3) to carry out public education programs regarding fire prevention, life safety, and arson; ``(4) for enforcement of fire codes; ``(5) for carrying out and improving training programs regarding arson investigation, hazardous materials, and anti- terrorism; or ``(6) to develop or enhance safety programs for firefighters and rescue personnel. ``(c) Loan Terms.--A loan guaranteed under this section shall-- ``(1) be made for a term not to exceed 20 years; ``(2) involve a rate of interest established by the Director that does not exceed the rate that is 2 percentage points below the then prevailing interest rate for loans of a similar nature, as determined by the Director; ``(3) involve a principal obligation not exceeding $200,000; ``(4) be subject to such requirements regarding security for repayment as the Director considers appropriate; ``(5) contain terms providing for the complete amortization of the loan principal that require periodic payments by the borrower not in excess of the capacity of the borrower to make such payments, as the Director considers appropriate; and ``(6) contain such other terms with respect to insurance, repairs, default reserves, delinquency charges, anticipation of maturity, additional and secondary liens, and other matters as the Director considers appropriate. ``(d) Guarantee Fee.--At the time of issuance of a loan guaranteed under this section, the Director may collect from the lender of the loan a fee of 1 percent of the principal obligation of the loan. ``(e) Prohibition Against Assumption.--Notwithstanding the transfer of any property acquired with the proceeds of a loan under this section, the borrower under the loan may not be relieved of liability with respect to the loan. ``(f) Selection of Borrowers.--The Director shall establish and use criteria for selection of applicants to receive loan guarantees under this section, which shall-- ``(1) provide for the Director to make loan guarantees for as many qualified applicants as is practicable, taking into consideration the aggregate limitations on the amount of guarantees under this section and the appropriate size of a loan necessary to allow an applicant to effectively carry out the activities for which the loan guaranteed under this section was made; and ``(2) in the case of a loan to be used for the purposes under paragraph (1) or (2) of subsection (b), take into consideration the extent to which-- ``(A) the equipment, apparatus, or facilities to be replaced, repaired, or modified are outdated or unsafe; or ``(B) the demand for the services of the volunteer fire and rescue agency that is the borrower has increased during the 2-year period preceding the date of the application for the guarantee. ``(g) Payment of Guarantees.--The Director may take such actions as may be necessary to provide for payment of guarantees under this section and protection of the interests of the United States under such guarantees. ``(h) Definitions.--For purposes of this section: ``(1) Facility.--The term `facility' means a building that houses equipment or personnel used directly to provide fire and rescue services, not including administrative support services. ``(2) Volunteer fire and rescue agency.--The term `volunteer fire and rescue agency' includes volunteer fire companies, ambulance services, hazardous materials units, and rescue squads. ``(i) Funding and Account.-- ``(1) Volunteer fire and rescue services loan account.-- There is established in the Treasury of the United States an account for the purpose of providing loan guarantees under this section. The account shall be credited with any amounts appropriated to the account, any guarantee fees collected under subsection (d), and any other collections of the Director pursuant to this section. Amounts in the account shall be available, to the extent provided in appropriation Acts, for fulfilling obligations under loan guarantees made under this section and for carrying out all operations relating to making and payment of such guarantees, which shall include any administrative expenses relating to making such guarantees. ``(2) Authorization of appropriations.--There is authorized to be appropriated to the account under paragraph (1) $35,000,000 for each of the fiscal years 2001 and 2002 to cover the costs (as such term is defined in section 502 of the Congressional Budget Act of 1974) of loan guarantees provided under this section.''. SEC. 4. COUNTERTERRORISM TRAINING. Subtitle A of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196 et seq.), as amended by section 3 of this Act, is further amended by adding at the end the following new section: ``SEC. 617. COUNTERTERRORISM TRAINING. ``There are authorized to be appropriated to the Director $20,000,000 for each of the fiscal years 2001 and 2002 to make grants directly to local fire and rescue services, including volunteer fire companies, ambulance services, hazardous materials units, and rescue squads, for equipment, including interoperability radio equipment.''. SEC. 5. BURN GRANT PROGRAMS. (a) Establishment of Office.--The Director of the Federal Emergency Management Agency shall establish an office in the Agency to establish specific criteria of grant recipients and to administer grants under this section. (b) Burn Prevention.--The Director may make grants, on a competitive basis, to safety organizations that have experience in conducting burn safety programs for the purpose of assisting those organizations in conducting burn prevention programs or augmenting existing burn prevention programs. (c) Acute Burn Care.--The Director may make grants, on a competitive basis, to hospitals that serve as regional burn centers to conduct acute burn care research. (d) After-Burn Treatment and Counseling.--The Director may make grants, on a competitive basis, to governmental and nongovernmental entities to provide after-burn treatment and counseling to individuals that are burn victims. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Director for carrying out this section $10,000,000 for each of the fiscal years 2001 and 2002. SEC. 6. FIRE AND EMERGENCY MEDICAL GRANTS PROGRAM. (a) Establishment.--The Director of the Federal Emergency Management Agency shall establish a program to award grants to volunteer, paid, and combined departments that provide fire and emergency medical services. (b) Authorized Uses.--Grants awarded under this section may be used-- (1) to acquire personal protective equipment required for firefighting personnel by the Occupational Safety and Health Administration, and other personal protective equipment for firefighting personnel; (2) to acquire additional firefighting equipment, including equipment for communication and monitoring; (3) to establish wellness and fitness programs for firefighting personnel to reduce the number of injuries and deaths related to health and conditioning problems; (4) to promote professional development of fire code enforcement personnel; (5) to integrate computer technology to improve records management and training capabilities; (6) to train firefighting personnel in firefighting, emergency response, and arson prevention and detection; (7) to enforce fire codes; (8) to fund fire prevention programs and public education programs about arson prevention and detection, and juvenile fire setter intervention; and (9) to modify fire stations, fire training facilities, and other facilities to protect the health and safety of firefighting personnel. (c) Contents of Applications.--Applications for grants under this section shall include-- (1) a demonstration of financial need; (2) evidence of a commitment for at least an equal amount as the amount of the grant sought, to be provided by non- Federal sources; (3) a cost benefit analysis linking the funds to improvements in public safety; and (4) a commitment to provide information to the National Fire Incident Reporting System for the period for which the grant is received. (d) Audits.--Grant recipients under this section shall be subject to audits to ensure that the funds are spent for their intended purposes. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Director for carrying out this section $80,000,000 for each of the fiscal years 2001 and 2002. SEC. 7. ALLOCATION OF ELECTROMAGNETIC SPECTRUM. Section 337 of the Communications Act of 1934 (47 U.S.C. 337) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by adding after subsection (e) the following new subsection: ``(f) Allocation for Interoperability Use by Public Safety Entities.--In addition to the allocations and assignments otherwise made pursuant to this section, within 30 days after the date of the enactment of the Help Emergency Responders Operate Act, the Commission shall allocate the electromagnetic spectrum between 139 megahertz and 140.5 megahertz, inclusive, and between 141.5 megahertz and 143 megahertz, inclusive, to interoperability use by public safety services.''. SEC. 8. SATELLITE SYSTEM. (a) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior for fiscal year 2001 for the United States Geological Survey for the Hazard Support System, $15,000,000 for system improvements, and $4,000,000 for operation and maintenance. (b) Study.--Not later than 9 months after the date of the enactment of this Act, the Secretary of the Interior shall transmit to the Congress a report on the results of a study, carried out in consultation with the National Interagency Fire Center and State fire services, of the best methods of disseminating data from the Hazard Support System to State and local fire mitigation entities for real- time fire detection. SEC. 9. ELIGIBILITY OF FIRE FIGHTING FACILITIES AND EQUIPMENT UNDER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. (a) Eligible Activities.--Section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended-- (1) in paragraph (23), by striking the period at the end and inserting a semicolon; and (2) by inserting after paragraph (23) the following new paragraph: ``(24) provision of assistance to local fire fighting, emergency medical, or rescue units serving low-income communities for-- ``(A) acquisition, repair, or rehabilitation of equipment (including any accessory, communications, or protective equipment) or vehicles for fire fighting, emergency medical, or rescue services, ``(B) construction, acquisition, rehabilitation, or improvement of facilities for local fire fighting, emergency medical, or rescue services, or ``(C) training or planning involved in providing fire fighting, emergency medical, or rescue services; and''. (b) Use for Low- and Moderate-Income Areas.--Section 105(c) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(c)) is amended by adding at the end the following new paragraph: ``(5) An assisted activity described in subsection (a)(24) shall be considered to benefit persons of low and moderate income if the service provides such services to low- and moderate-income persons.''.

Summary: Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to allow the Director of the Federal Emergency Management Agency (FEMA), using amounts in an account for the purpose of providing loan guarantees (established under this Act), to guarantee loans to volunteer fire and rescue agencies for the entire principal and interest on the loan for specified volunteer fire and rescue services, including to purchase equipment necessary for proper performance of the agency's duties, to repair, rehabilitate, or otherwise improve the agency's existing facilities, and for carrying out public education programs regarding fire prevention, life safety, and arson. Sets forth loan terms and conditions. Authorizes appropriations. Authorizes appropriations to the Director for FY 2001 and 2002 for making grants directly to local fire and rescue services for equipment, including interoperability radio equipment. Authorizes the Director to make grants on a competitive basis to: (1) safety organizations that have experience in conducting burn safety programs for assisting those organizations in conducting such programs or augmenting existing burn prevention programs; (2) hospitals that serve as regional burn centers to conduct acute burn research; and (3) governmental and nongovernmental entities to provide after-burn treatment and counseling to individuals that are burn victims. Creates an office in FEMA to establish specific criteria of grant recipients and to administer such grants. Authorizes appropriations. Requires the Director to establish a program to award grants to volunteer, paid, and combined departments that provide fire and emergency medical services. Permits such grants to be used, among other things, to: (1) acquire personal protective equipment required for firefighting personnel by the Occupational Safety and Health Administration, and other personal protective equipment for firefighting personnel; (2) acquire additional firefighting equipment, including equipment for communication and monitoring; (3) establish wellness and fitness programs for firefighting personnel to reduce the number of injuries and deaths related to health and conditioning problems; (4) promote professional development of fire code enforcement personnel; (5) integrate computer technology to improve records management and training capabilities; (6) fund fire prevention programs and public education programs about arson prevention and detection, and juvenile fire setter intervention; and (7) modify fire stations, fire training facilities, and other facilities to protect the health and safety of firefighting personnel. Provides for grant recipients to be subject to audits to ensure that the funds are spent for their intended purposes. Authorizes appropriations. Amends the Communications Act of 1934 to direct the Federal Communications Commission, in addition to the allocations and assignments otherwise made with respect to new public safety services licenses and commercial licenses, within 30 days after the date of the enactment of this Act, to allocate the electromagnetic spectrum between 139 megahertz and 140.5 megahertz, inclusive, and between 141.5 megahertz and 143 megahertz, inclusive, to interoperability use by public safety services. Authorizes appropriations to the Secretary of the Interior for FY 2001 for the U.S. Geological Survey for the Hazard Support System for system improvements and for operation and maintenance. Directs such Secretary to transmit to Congress a report on the results of a study, carried out in consultation with the National Interagency Fire Center and State fire services, of the best methods of disseminating data from such System to State and local fire mitigation entities for realtime fire detection. Amends the Housing and Community Development Act of 1974 to include as activities eligible for assistance under the community development block grant program the provision of assistance to local firefighting, emergency medical, or rescue units serving low-income communities for: (1) acquisition, repair, or rehabilitation of equipment or vehicles for firefighting, emergency medical, or rescue services; (2) construction, acquisition, rehabilitation, or improvement of facilities for local firefighting, emergency medical, or rescue services; or (3) training or planning involved in providing fire fighting, emergency medical, or rescue services. States that such an assisted activity shall be considered to benefit persons of low and moderate income if the service provides such services to low- and moderate-income persons.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Restitution and Responsibility Act''. SEC. 2. GRANT PROGRAM. (a) In General.--The Attorney General is authorized to provide grants to States to enable the States to-- (1) collect data on victim restitution over a specified period of time as determined by the Attorney General; (2) create or expand automated data systems to track restitution payments; (3) make improvements in the manner in which restitution is ordered and collected; and (4) enhance and expand methods of enforcement of restitution orders. (b) Eligibility.--To be eligible to receive a grant under this Act, a State shall-- (1) submit an application to the Attorney General, in such form as the Attorney General shall require, that meets the requirements of subsection (c); and (2) certify that the State has a victim advocacy program that-- (A) provides assistance to victims of crime throughout the judicial process; and (B) provides courts with a victim impact statement prior to sentencing. (c) Application.--An application meets the requirements of this subsection if it includes-- (1) a description of the State's victim advocacy program; (2) a description of the method by which the State compiles or will compile data on restitution, including information on-- (A) restitution amounts ordered and collected; (B) collection rates for incarcerated offenders and offenders who are on probation; (C) collection rates for offenders committing felonies and for those committing misdemeanors; and (D) rates of partial and full payment rates of collection; (3) documentation of a State's current problems in ordering, collecting, and enforcing restitution; (4) a description of State laws and practices related to restitution; (5) a description of administrative and legislative options to improve ordering, collecting, and enforcing restitution; (6) a description of the State's proposal to create or expand an automated data processing system to track restitution payments; (7) a description of the State's plan to improve the ordering of restitution, including-- (A) provisions to ensure that courts order restitution whenever a victim suffers economic loss as a result of unlawful conduct by a defendant; (B) provisions to ensure that restitution is ordered in the full amount of the victim's loss, as determined by the court; (C) the prioritization of restitution in the ordering and disbursing of fees; and (D) such other provisions consistent with the purposes of this Act; (8) a description of how the State will improve collection of restitution payments, including-- (A) the establishment of a central accounting, billing, and collection system that tracks the offender's obligations and status in meeting those obligations; (B) a process by which information about an offender's restitution payments is made available to probation officials; (C) adopting methods to ensure payments such as automatic docketing, billing, wage withholding, privatization of collection, withholding State grant privileges, or seizure of state income tax refunds; and (D) other provisions consistent with the purposes of this Act; (9) a description of how the State will enforce restitution payments, including-- (A) assigning an agency responsible for the enforcement of a restitution order; (B) adopting policies to increase the intensity of sanctions if an offender defaults on payments, including-- (i) revoking a term of probation or parole; (ii) modifying the terms or conditions of probation or parole; (iii) holding a defendant in contempt of court; (iv) entering a restraining order or injunction; or (v) ordering the sale of property of the defendant; (C) adopting procedures to ensure restitution orders are entered as civil judgments upon entry to allow a victim to execute judgment if restitution payments are delinquent; (D) such other provisions consistent with the purposes of this Act; and (10) the establishment of a community restitution fund administered by a State agency into which restitution payments are made by an offender (in addition to victim restitution payments) and can be used to pay indigent offenders for performing public service work. (d) Waiver.--The Attorney General may waive the requirements under subsection (c) for a State that demonstrates sufficient cause for lack of compliance. (e) Grant Period.--A grant under this Act shall be awarded for a period of not more than 5 years. SEC. 3. REPORT. Each State receiving a grant under this Act shall submit an annual report to the Attorney General that includes an evaluation of the progress of the projects funded through the grant, an accounting of expenditures, and such other provisions as may be required by the Attorney General. The Attorney General shall issue an annual report to Congress that includes the information submitted by States under this section. SEC. 4. EVALUATION. (a) Final Evaluation.--Within a month after the award of the first grant made under this Act, the Attorney General shall contract with an independent organization to do a final evaluation of the projects funded by this Act at the end of 5 years. (b) Interim Evaluation.--The Attorney General shall conduct an interim evaluation of the projects funded by this Act 3 years after the first grant made under this Act. (c) Content of Reports.--The reports required by subsections (a) and (b) shall include the following information: (1) An evaluation of data collection efforts. (2) An assessment of whether ordering of restitution increased and whether prioritizing restitution in fees collected improved restitution payments. (3) An analysis of whether the project was successful in improving significantly restitution collection rates. (4) An evaluation of most effective methods in improving restitution collection and in enforcing restitution payments. (5) An analysis of how effective automated data systems were in increasing restitution collection. (6) An analysis of States' use of the community restitution fund and its effectiveness in ensuring indigent offenders pay restitution. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 in each of fiscal years 1997, 1998, 1999, 2000, and 2001 to carry out this Act.

Summary: Restitution and Responsibility Act - Authorizes the Attorney General to provide grants to enable the States to: (1) collect data on victim restitution over a specified period as determined by the Attorney General; (2) create or expand automated data systems to track restitution payments; (3) make improvements in the manner in which restitution is ordered and collected; and (4) enhance and expand methods of enforcement of restitution orders. Requires a State, to be eligible, to certify that it has a victim advocacy program that provides assistance to crime victims throughout the judicial process and provides courts with a victim impact statement prior to sentencing. Sets forth provisions regarding: (1) application requirements (including descriptions of the State's victim advocacy program, the method by which the State compiles data on restitution, the State's plan to improve the ordering of restitution and collection of restitution payments, how the State will enforce such payments, and the establishment of a community restitution fund); (2) waivers; (3) grant period; (4) reporting requirements; and (5) grant evaluation. Authorizes appropriations.