SECTION 1. SHORT TITLE. This Act may be cited as the ``Software Trade Secrets Protection Act''. SEC. 2. SOFTWARE TRADE SECRETS PROTECTION. (a) In General.--Subchapter A of chapter 78 of the Internal Revenue Code of 1986 (relating to examination and inspection) is amended by redesignating section 7612 as section 7613 and by inserting after 7611 the following: ``SEC. 7612. SPECIAL PROCEDURES FOR SUMMONSES FOR COMPUTER SOFTWARE. ``(a) Limitation on Authority to Require Production of Computer Software Source Code.-- ``(1) In general.--No summons may be issued under this title, and the Secretary may not begin any action under section 7604 to enforce any summons, to produce or examine any computer software source code or related customer communications, and training materials. ``(2) Exception where information not otherwise available to verify correctness of item on return.--Paragraph (1) shall not apply to any portion, item, or component of computer software source code if-- ``(A) the Secretary, without examining the computer software source code, is unable to otherwise ascertain with reasonable accuracy the correctness of any item on a return after employing auditing procedures and practices otherwise used pursuant to this title, ``(B) the Secretary identifies with reasonable specificity the portion, item, or component of such code needed to verify the correctness of such item on the return, and ``(C) the Secretary demonstrates that with respect to the issue under examination the need for the portion, item, or component of the computer software source code requested outweighs the burdens of production imposed on the summoned person and the risks of disclosure of trade secrets. ``(3) Other exceptions.--Paragraph (1) shall not apply to-- ``(A) any inquiry into any offense connected with the administration or enforcement of the internal revenue laws, and ``(B) any computer software developed by the taxpayer or a related person (within the meaning of section 267 or 707(b)) for internal use by the taxpayer or such person and not for commercial purposes. ``(4) Enforcement proceeding.--In any proceeding brought under section 7604 to enforce a summons issued under this section, the court shall hold a hearing to determine whether the Secretary has met the requirements of paragraph (2). ``(5) Compliance with summons for computer software source code.--Any person to whom a summons for a portion, item, or component of computer software source code is issued shall be deemed to have complied with such summons by producing a hard- copy printout of such code. ``(b) Protection of Trade Secrets and Other Confidential Information.-- ``(1) Entry of protective order.--In any court proceeding to enforce a summons for any portion of software, the court may receive evidence and issue any order necessary to prevent undue burdens or the disclosure of trade secrets or other confidential information with respect to such software, including providing that any information be placed under seal to be opened only as directed by the court. ``(2) Protection of software.--Notwithstanding any other provision of this section, and in addition to any protections ordered pursuant to paragraph (1), in the case of software that comes into the possession or control of the Secretary in the course of any examination with respect to any taxpayer-- ``(A) the software may be examined only in connection with the examination of such taxpayer's return, ``(B) the software may be disclosed only to persons conducting such examination whose duties or responsibilities require access to the software, ``(C) the software shall be maintained in a secure area or place, and, in the case of computer software source code and related documents, shall not be removed from the owner's place of business, ``(D) the software may not be copied except as necessary to perform such examination, ``(E) at the end of the examination (and any judicial review of the summons issued under this section), the software and all copies thereof shall be returned to the person from whom they were obtained and any copies thereof made under subparagraph (D) on the hard drive of a machine or other mass storage device shall be permanently deleted and any notes or other memoranda made with regard to such software shall be destroyed, ``(F) the software may not be decompiled, disassembled, or reverse engineered, and ``(G) the Secretary shall provide to the taxpayer and the owner of any interest in such software, as the case may be, a written agreement between the Secretary and any person who will examine or otherwise have access to such software, in which such person agrees-- ``(i) not to disclose such software to any person other than authorized employees or agents of the Secretary during and after employment by the Secretary, and ``(ii) not to compete with the owner of the software for a period of 2 years after disclosure to such person of such software. ``The owner of any interest in the software shall be considered a party to any agreement described in subparagraph (G). ``(c) Compliance With Summons for Certain Computer Software Executable Code.--Any taxpayer to whom is issued a summons for commercially available computer software executable code used to prepare such taxpayer's return or to account for the taxpayer's transactions with others shall be deemed to have complied with such summons by producing a read-only version of such code. ``(d) Definitions.--For purposes of this section-- ``(1) Software.--The term `software' includes computer software source code and computer software executable code. ``(2) Computer software source code.--The term `computer software source code' means-- ``(A) the code written by a programmer using a programming language which is comprehensible to appropriately trained persons, is not machine readable, and is not capable of directly being used to give instructions to a computer, and ``(B) related programmers' notes, design documents, memoranda, and similar documentation, excluding customer communications and training materials. ``(3) Computer software executable code.--The term `computer software executable code' means-- ``(A) any object code, machine code, or other code readable by a computer when loaded into its memory and used directly by such computer to execute instructions, and ``(B) any related user manuals.''. (b) Unauthorized Disclosure of Software.--Section 7213 of the Internal Revenue Code of 1986 (relating to unauthorized disclosure of information) is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following: ``(d) Disclosure of Software.--Any person who divulges or makes known in any manner whatever not provided under section 7612 to any other person software (as defined in section 7612(d)(1)) shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned not more than 5 years, or both, together with the costs of prosecution.''. (c) Conforming Amendment.--The table of sections for subchapter A of chapter 78 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 7612 and by inserting the following: ``Sec. 7612. Special procedures for summonses for computer software. ``Sec. 7613. Cross references.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act.

Summary: Software Trade Secrets Protection Act - Amends the Internal Revenue Code to prohibit the issuance or enforcement of any summons to produce or examine any computer software source code or related customer communications and training materials, subject to stated exceptions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern New Mexico and El Paso, Texas, Veterans Traumatic Brain Injury Care Improvement Act of 2011''. SEC. 2. REPORT ON ESTABLISHMENT OF POLYTRAUMA REHABILITATION CENTER OR POLYTRAUMA NETWORK SITE OF DEPARTMENT OF VETERANS AFFAIRS IN SOUTHERN NEW MEXICO AND EL PASO, TEXAS, REGION. (a) Findings.--Congress makes the following findings: (1) The military population of the southern New Mexico and El Paso, Texas, region has grown greatly since the United States has been involved in military operations in Iraq and Afghanistan and members of the Armed Forces returning from such operations to such region will require care at polytrauma centers as a result of their involvement with such operations. (2) The population at Fort Bliss in Texas and New Mexico is expected to grow from 9,300 members of the Armed Forces in 2005 to an estimated 33,400 members of the Armed Forces by 2012 because of the ongoing expansion of Fort Bliss. (3) Traumatic brain injury has become known as one of the signature wounds of service in the Armed Forces in Iraq and Afghanistan because of its high occurrence among veterans of such service. Many members of the Armed Forces returning to the El Paso, Texas, and southern New Mexico region from overseas service in the Armed Forces are expected to suffer from traumatic brain injury or other forms of injury requiring treatment at a polytrauma rehabilitation center or polytrauma network site. (4) A recent RAND Corporation study estimates that as many as 20 percent of the veterans who served in the Armed Forces in Iraq and Afghanistan have a traumatic brain injury as a result of such service, and many of these veterans require ongoing care for mild, moderate, or severe traumatic brain injury. (5) The Department of Veterans Affairs recommends that all veterans experiencing a polytraumatic injury be referred to a polytrauma rehabilitation center or polytrauma network site of the Department. (6) The polytrauma system of care of the Department includes 4 polytrauma rehabilitation centers and 21 polytrauma network sites, none of which are located within 300 miles driving distance of Fort Bliss, White Sands Missile Range, or Holloman Air Force Base. (7) The large military population in the southern New Mexico and El Paso, Texas, region necessitates a new polytrauma rehabilitation center or polytrauma network site of the Department to deal with the significant hardships veterans residing in such region require. (b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the feasibility and advisability of establishing a polytrauma rehabilitation center or polytrauma network site of the Department of Veterans Affairs in the southern New Mexico and El Paso, Texas, region that is within a reasonable driving distance of Fort Bliss, White Sands Missile Range, and Holloman Air Force Base. (2) Requirements.--The report required by paragraph (1) shall include the following: (A) An assessment of the adequacy of existing Department facilities in the southern New Mexico and El Paso, Texas, region to address matters that are otherwise addressed by polytrauma rehabilitation centers and polytrauma network sites of the Department. (B) A comparative assessment of the effectiveness of rehabilitation programs for individuals with traumatic brain injuries in urban areas with the effectiveness of such programs for individuals with traumatic brain injuries in rural and frontier communities. (C) An assessment of whether therapies that can prevent or remediate the development of secondary neurologic conditions related to traumatic brain injury can be interrupted by stress caused by living in an urban area. (D) The relation of high cost of living to the recovery of veterans and the impact on their families in comparison to recovery in an area where there is a lower cost of living. (3) Locations.--In preparing the report required by paragraph (1), the Secretary shall consider and evaluate various locations for the potential location of a new polytrauma rehabilitation center or polytrauma network site. One location receiving such consideration and evaluation shall be the Fort Bayard Medical Center in Grant County, New Mexico. (4) Consultation.--In preparing the report required by paragraph (1), the Secretary shall consult with appropriate State and local government agencies in the southern New Mexico and El Paso, Texas, region.

Summary: Southern New Mexico and El Paso, Texas, Veterans Traumatic Brain Injury Care Improvement Act of 2011 - Directs the Secretary of Veterans Affairs to report to Congress on the feasibility and advisability of establishing a Polytrauma Rehabilitation Center or Polytrauma Network Site of the Department of Veterans Affairs (VA) in the southern New Mexico and El Paso, Texas, region that is within a reasonable driving distance of Fort Bliss, White Sands Missile Range, and Holloman Air Force Base. Requires the Fort Bayard Medical Center in Grant County, New Mexico, to be evaluated as a potential location for such a Center or Site.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture established by section 3(a). (2) Museum.--The term ``Museum'' means the National Museum of Asian Pacific American History and Culture. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) In General.--There is established the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture. (b) Membership.--The Commission shall be composed of 8 members, of whom-- (1) 2 members shall be appointed by the majority leader of the Senate; (2) 2 members shall be appointed by the Speaker of the House of Representatives; (3) 2 members shall be appointed by the minority leader of the Senate; and (4) 2 members shall be appointed by the minority leader of the House of Representatives. (c) Qualifications.--Members of the Commission shall be appointed to the Commission from among individuals, or representatives of institutions or entities, who possess-- (1)(A) a demonstrated commitment to the research, study, or promotion of Asian Pacific American history, art, political or economic status, or culture; and (B)(i) expertise in museum administration; (ii) expertise in fundraising for nonprofit or cultural institutions; (iii) experience in the study and teaching of Asian Pacific American history; (iv) experience in studying the issue of the representation of Asian Pacific Americans in art, life, history, and culture at the Smithsonian Institution; or (v) extensive experience in public or elected service; (2) experience in the administration of, or the planning for, the establishment of, museums; or (3) experience in the planning, design, or construction of museum facilities. (d) Prohibition.--No employee of the Federal Government may serve as a member of the Commission. (e) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. (f) Vacancies.--A vacancy in the Commission-- (1) shall not affect the powers of the Commission; and (2) shall be filled in the same manner as the original appointment was made. (g) Chairperson.--The Commission shall, by majority vote of all of the members, select 1 member of the Commission to serve as the Chairperson of the Commission. SEC. 4. DUTIES OF THE COMMISSION. (a) Reports.-- (1) Plan of action.--The Commission shall submit to the President and Congress a report containing the recommendations of the Commission with respect to a plan of action for the establishment and maintenance of a National Museum of Asian Pacific American History and Culture in Washington, DC. (2) Report on issues.--The Commission shall submit to the President and Congress a report that addresses the following issues: (A) The availability and cost of collections to be acquired and housed in the Museum. (B) The impact of the Museum on regional Asian Pacific American history-related museums. (C) Potential locations for the Museum in Washington, DC, and its environs. (D) Whether the Museum should be part of the Smithsonian Institution. (E) The governance and organizational structure from which the Museum should operate. (F) Best practices for engaging Asian Pacific Americans in the development and design of the Museum. (G) The cost of constructing, operating, and maintaining the Museum. (3) Deadline.--The reports required under paragraphs (1) and (2) shall be submitted not later than the date that is 18 months after the date of the first meeting of the Commission. (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan to support the establishment, operation, and maintenance of the Museum through contributions from the public. (2) Considerations.--In developing the fundraising plan under paragraph (1), the Commission shall consider issues relating to funding the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. (3) Independent review.--The Commission shall obtain an independent review of the viability of the plan developed under paragraph (1) and such review shall include an analysis as to whether the plan is likely to achieve the level of resources necessary to fund the construction of the Museum and the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. (4) Submission.--The Commission shall submit the plan developed under paragraph (1) and the review conducted under paragraph (3) to the Committees on Transportation and Infrastructure, House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate. (c) Legislation To Carry Out Plan of Action.--Based on the recommendations contained in the report submitted under paragraphs (1) and (2) of subsection (a), the Commission shall submit for consideration to the Committees on Transportation and Infrastructure, House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate recommendations for a legislative plan of action to establish and construct the Museum. (d) National Conference.--Not later than 18 months after the date on which the initial members of the Commission are appointed under section 3, the Commission may, in carrying out the duties of the Commission under this section, convene a national conference relating to the Museum, to be comprised of individuals committed to the advancement of the life, art, history, and culture of Asian Pacific Americans. SEC. 5. DIRECTOR AND STAFF OF COMMISSION. (a) Director and Staff.-- (1) In general.--The Commission may employ and compensate an executive director and any other additional personnel that are necessary to enable the Commission to perform the duties of the Commission. (2) Rates of pay.--Rates of pay for persons employed under paragraph (1) shall be consistent with the rates of pay allowed for employees of a temporary organization under section 3161 of title 5, United States Code. (b) Not Federal Employment.--Any individual employed under this Act shall not be considered a Federal employee for the purpose of any law governing Federal employment. (c) Technical Assistance.-- (1) In general.--Subject to paragraph (2), on request of the Commission, the head of a Federal agency may provide technical assistance to the Commission. (2) Prohibition.--No Federal employees may be detailed to the Commission. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Compensation.-- (1) In general.--A member of the Commission-- (A) shall not be considered to be a Federal employee for any purpose by reason of service on the Commission; and (B) shall serve without pay. (2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (b) Gifts, Bequests, Devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or real or personal property for the purpose of aiding or facilitating the work of the Commission. (c) Federal Advisory Committee Act.--The Commission shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 7. TERMINATION. The Commission shall terminate on the date that is 30 days after the date on which the final versions of the reports required under section 4 are submitted. SEC. 8. FUNDING. (a) In General.--The Commission shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the Commission. (b) Prohibition.--No Federal funds may be obligated to carry out this Act.

Summary: Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act This bill establishes a Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture. The Commission must: (1) report recommendations for a plan of action for the establishment and maintenance of a National Museum of Asian Pacific American History and Culture in Washington, D.C.; (2) develop a fundraising plan to support the establishment, operation, and maintenance of the Museum through public contributions; (3) obtain an independent review of this fundraising plan, including an analysis of the resources necessary to fund the construction of the Museum and its operations and maintenance in perpetuity without reliance on federal funds; and (4) submit a legislative plan of action to establish and construct the Museum. Directs the Commission's recommendations to address issues including the impact of the Museum on regional Asian Pacific American history-related museums, whether it should be part of the Smithsonian Institution, and the cost of constructing, operating, and maintaining the Museum and acquiring its collections. The Commission may convene a national conference relating to the Museum. Prohibits federal funds from being obligated to carry out this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Safety in Medicine Utilizing Leading Advanced Simulation Technologies to Improve Outcomes Now Act of 2007''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Simulation-based education and training in medicine, nursing, allied health, podiatry, osteopathy, dentistry, and emergency response teams can enhance procedural skills and reinforce best practices by allowing students, experienced clinicians, and health care professionals to practice procedures in a realistic setting. (2) The enhanced clinical skill development provided by simulation-based training benefits patients and health care consumers in the form of improved health outcomes, patient safety, and quality; reduced medical errors and deaths; and reduced costs associated with providing patient care. (3) Many educational institutions and health care providers, particularly those in urban and rural settings, have difficulty acquiring medical simulation technology. Financial assistance in the form of Federal grants would significantly enhance the ability of these entities to deploy medical simulation technology and incorporate such technology into training protocols. (4) The creation of medical simulation centers of excellence to provide guidance and leadership to educational institutions and health care entities will facilitate the deployment of medical simulation technologies and the commercialization of cutting-edge medical simulation research. (5) A Federal medical simulation coordinating council would promote better communication and collaboration between the Federal entities with experience or interest in simulation- based education and medical simulation technology deployment. SEC. 3. MEDICAL SIMULATION ENHANCEMENT. Part B of title IX of the Public Health Service Act (42 U.S.C. 299b et seq.) is amended by adding at the end the following: ``SEC. 918. MEDICAL SIMULATION ENHANCEMENT. ``(a) In General.--The Director shall conduct and support research, evaluations, initiatives, and demonstration projects, and provide grants or enter into contracts or cooperative agreements, to enhance the deployment of medical simulation technologies and the incorporation of such technologies and equipment into medical, nursing, allied health, podiatric, osteopathic, and dental education and training protocols. ``(b) Programs.--In carrying out subsection (a), the Director shall establish the following programs: ``(1) Medical simulation centers of excellence.-- ``(A) Establishment.--The Director shall establish medical simulation centers of excellence-- ``(i) to provide leadership and conduct research with respect to enhancing and expanding the utilization of medical simulation technologies and simulation-based skills training for physicians, nurses, allied health professionals, and qualified students; and ``(ii) to improve the efficiency and effectiveness of medical simulation research and programs. ``(B) Purpose.--Each medical simulation center of excellence established under subsection (a) shall-- ``(i) provide leadership in a specific area of medical simulation technology or knowledge; ``(ii) enhance and expand the knowledge base within the specific area of medical simulation technology or knowledge in line with the program requirements and the long-term interests of the medical simulation community; and ``(iii) serve as a resource center to interested health professional schools and individuals who want to learn about medical simulation. ``(2) Medical simulation innovation.--The Director shall promote innovation in medical simulation technologies and encourage development and deployment of challenging and complex medical simulation technologies and applications by-- ``(A) conducting and supporting research on the development and deployment of complex or challenging medical simulation and interdisciplinary simulation technologies; ``(B) identifying, in consultation with the Telemedicine and Advanced Technology Research Center, particularly challenging or complex medical simulation technologies and applications; and ``(C) developing, in consultation with the National Library of Medicine, an electronic clearinghouse of medical simulation technologies currently available and those being developed. ``(3) Medical simulation technology acquisition.-- ``(A) Grants.--The Director shall award grants to eligible entities for the purchase of medical simulation technologies for use in the training of physicians, nurses, allied health professionals, and qualified students. ``(B) Definition.--In this paragraph, the term `eligible entity' means a hospital, an academic medical center, or a school of allied health, dentistry, medicine, nursing, osteopathic medicine, or podiatric medicine. ``(4) Medical and interdisciplinary simulation curricula.-- ``(A) Grants.--The Director shall award grants to eligible entities to incorporate medical simulation and interdisciplinary simulation technologies into curricula and training of physicians, nurses, and allied health professionals. ``(B) Definition.--In this subsection, the term `eligible entity' means an academic medical center or a school of medicine, osteopathy, podiatry, dentistry, nursing, or allied health. ``(5) Grants to professional organizations.-- ``(A) Grants.--The Director shall award grants to eligible entities to deploy medical simulation technologies for the purpose of providing training to health care providers. ``(B) Definition.--In this paragraph, the term `eligible entity' means an academic medical center, a professional organization that provides accreditation or quality assurance to health care professionals, a health profession licensing board, or an agency studying utilization of simulation-based methods in credentialing and accreditation in health care. ``(6) Federal medical simulation coordinating council.-- ``(A) Establishment.--There is established within the Department of Health and Human Services the Federal Medical Simulation Coordinating Council (in this paragraph referred to as the `Coordinating Council'). ``(B) Purpose.--The Coordinating Council shall coordinate the Federal Government's activities regarding the research on and development, deployment, and utilization of medical simulation technologies. ``(C) Voting members.--The voting members of the Coordinating Council shall consist of representatives of Federal agencies with responsibility for improving health care delivery to patients, as follows: ``(i) A majority of the voting members of the Coordinating Council shall be representatives of the Department of Health and Human Services. Such majority shall consist of the Director and such individuals as may be appointed by the Secretary of Health and Human Services. At a minimum, the Secretary shall appoint representatives of-- ``(I) the Agency for Healthcare Research and Quality; ``(II) the National Institutes of Health; ``(III) the Health Resources and Services Administration; ``(IV) the Centers for Medicare & Medicaid Services; and ``(V) the Food and Drug Administration. ``(ii) The remainder of the voting members of the Coordinating Council shall consist of-- ``(I) representatives of the Department of Defense, appointed by the Secretary of Defense; and ``(II) representatives of the Department of Veterans Affairs, appointed by the Secretary of Veterans Affairs. ``(D) Liaisons.--In addition to the voting members appointed pursuant to subparagraph (C), the membership of the Coordinating Council shall include 2 representatives of the advisory panel established under subsection (c) who-- ``(i) shall be selected by the Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs acting jointly; ``(ii) shall be nonvoting members; and ``(iii) shall serve as liaisons between the advisory panel and the Coordinating Council. ``(E) Leadership.--The Director shall serve as the Chair of the Coordinating Council and shall be responsible for the leadership and oversight of the activities of the Coordinating Council. ``(F) Consultation.--In carrying out the purpose described in subparagraph (B), the Coordinating Council shall consult with outside organizations on ways to improve medical simulation policy and access. ``(G) Meetings.-- ``(i) In general.--The Coordinating Council shall meet regularly and no less than 2 times each year. ``(ii) Notice.--Notice of any upcoming meeting of the Coordinating Council shall be published in the Federal Register. ``(iii) Public access.--Any meeting of the Coordinating Council shall be open to the public. ``(c) Advisory Panel.--The Director shall establish an advisory panel to make recommendations on how to structure the programs under subsection (b). The members of such advisory panel shall consist of a total of at least 10 representatives of the medical simulation community, including representatives of-- ``(1) academic medical centers or schools of medicine, osteopathy, podiatry, dentistry, nursing, or allied health; ``(2) health care professionals who are actively involved in medical simulation centers; and ``(3) at least 2 multidisciplinary associations which are recognized as having a primary focus on medical simulation. ``(d) Definitions.-- ``(1) Medical simulation.--The term `medical simulation' means the use of a device, such as a mannequin, a task trainer, virtual reality, or a standardized patient, to emulate a real device, patient, or patient care situation or environment to teach therapeutic and diagnostic procedures, processes, medical concepts, and decisionmaking to a health care professional. ``(2) Qualified student.--The term `qualified student' means a student enrolled full-time or part-time in-- ``(A) a school of allied health, a school of dentistry, a school of medicine, a school of osteopathic medicine, or a school of podiatric medicine (as such terms are defined in section 799B); or ``(B) a school of nursing (as such term is defined in section 801). ``(e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated-- ``(1) $50,000,000 for fiscal year 2008; and ``(2) such sums as may be necessary for fiscal years 2009 through 2012.''.

Summary: Enhancing Safety in Medicine Utilizing Leading Advanced Simulation Technologies to Improve Outcomes Now Act of 2007 - Amends the Public Health Service Act to require the Director of the Agency for Healthcare Research and Quality to conduct and support research, evaluations, initiatives, and demonstration projects, and provide grants or enter into contracts or cooperative agreements, to enhance the deployment of medical simulation technologies and the incorporation of such technologies and equipment into medical, nursing, allied health, podiatric, osteopathic, and dental education and training protocols. Requires the Director to: (1) establish medical simulation centers of excellence; (2) promote innovation by conducting and supporting research on complex or challenging medical simulation and interdisciplinary simulation technologies and developing an electronic clearinghouse of such technologies; and (3) award grants for purchasing, incorporating, and deploying such technologies for training of physicians, nurses, allied health professionals, and qualified students. Establishes within the Department of Health and Human Services (HHS) the Federal Medical Simulation Coordinating Council. Requires the Director to establish an advisory panel to make recommendations on how to structure programs established by this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Transportation Safety Fund Act''. TITLE I--ESTABLISHMENT AND FUNDING SEC. 101. MODIFICATION AND PERMANENT EXTENSION OF THE INCENTIVES TO REINVEST FOREIGN EARNINGS IN THE UNITED STATES. (a) Repatriation Subject to 5 Percent Tax Rate.--Subsection (a)(1) of section 965 of the Internal Revenue Code of 1986 is amended by striking ``85 percent'' and inserting ``85.7 percent''. (b) Permanent Extension To Elect Repatriation.--Subsection (f) of section 965 of the Internal Revenue Code of 1986 is amended to read as follows: ``(f) Election.--The taxpayer may elect to apply this section to any taxable year only if made on or before the due date (including extensions) for filing the return of tax for such taxable year.''. (c) Repatriation Includes Current and Accumulated Foreign Earnings.-- (1) In general.--Paragraph (1) of section 965(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) In general.--The amount of dividends taken into account under subsection (a) shall not exceed the sum of the current and accumulated earnings and profits described in section 959(c)(3) for the year a deduction is claimed under subsection (a), without diminution by reason of any distributions made during the election year, for all controlled foreign corporations of the United States shareholder.''. (2) Conforming amendments.-- (A) Section 965(b) of such Code is amended by striking paragraphs (2) and (4) and by redesignating paragraph (3) as paragraph (2). (B) Section 965(c) of such Code is amended by striking paragraphs (1) and (2) and by redesignating paragraphs (3), (4), and (5) as paragraphs (1), (2), and (3), respectively. (C) Paragraph (3) of section 965(c) of such Code, as redesignated by subparagraph (B), is amended to read as follows: ``(3) Controlled groups.--All United States shareholders which are members of an affiliated group filing a consolidated return under section 1501 shall be treated as one United States shareholder.''. (d) Clerical Amendments.-- (1) The heading for section 965 of the Internal Revenue Code of 1986 is amended by striking ``temporary''. (2) The table of sections for subpart F of part III of subchapter N of chapter 1 of such Code is amended by striking ``Temporary dividends'' and inserting ``Dividends''. (e) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 102. ESTABLISHMENT OF EMERGENCY TRANSPORTATION SAFETY FUND. (a) In General.--There is established in the Treasury of the United States a trust fund to be known as the ``Emergency Transportation Safety Fund''. (b) Transfers to Emergency Transportation Safety Fund.-- (1) In general.--There are hereby appropriated to the Emergency Transportation Safety Fund amounts equivalent to 50 percent of the excess of-- (A) the taxes received in the United States Treasury which are attributable to eligible 965 dividends received by corporations which are United States shareholders, over (B) the amount of the foreign tax credit allowed under section 901 of the Internal Revenue Code of 1986 which is attributable to the non-deductible portion of such eligible 965 dividends. (2) Definitions.--For purposes of this subsection-- (A) Eligible 965 dividend.--The term ``eligible 965 dividend'' means any amount received from a controlled foreign corporation for which a deduction is allowed under section 965 of the Internal Revenue Code of 1986, as determined based on estimates made by the Secretary of the Treasury, or the Secretary's delegate. (B) Non-deductible portion.--The term ``non- deductible portion'' means the excess of the amount of any eligible 965 dividend over the deductible portion (as defined in section 965(d)(3) of the Internal Revenue Code of 1986) of such amount. (c) Emergency Relief Expenditures.--Section 125(c) of title 23, United States Code, is amended by adding at the end the following: ``(3) Emergency transportation safety fund.--Amounts deposited into the Emergency Transportation Safety Fund established under section 102(a) of the Emergency Transportation Safety Fund Act are authorized to be obligated to carry out, in priority order, the projects on the current list compiled by the Secretary under section 201(b)(1) of such Act that meet the eligibility requirements set forth in subsection (a).''. TITLE II--EMERGENCY TRANSPORTATION SAFETY PRIORITY LIST SEC. 201. EMERGENCY TRANSPORTATION PRIORITIES. (a) List.--The Secretary of Transportation, in consultation with a representative sample of State and local government transportation officials, shall compile a prioritized list of emergency transportation projects, which will guide the allocation of funding to the States from the Emergency Transportation Safety Fund. (b) Criteria.--In compiling the list under subsection (a), the Secretary of Transportation, in addition to other criteria established by the Secretary, shall rank priorities in descending order, beginning with-- (1) whether the project is part of the interstate highway system; (2) whether the project is a road or bridge that is closed for safety reasons; (3) the impact of the project on interstate commerce; (4) the volume of traffic affected by the project; and (5) the overall value of the project or entity. (c) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Transportation shall submit a report to Congress that includes-- (1) a prioritized list of emergency transportation projects to be funded through the Emergency Transportation Safety Fund; and (2) a description of the criteria used to establish the list referred to in paragraph (1). (d) Quarterly Updates.--Not less frequently than 4 times per year, the Secretary of Transportation shall-- (1) update the report submitted pursuant to subsection (c); (2) send a copy of the report to Congress; and (3) make a copy of the report available to the public through the Department of Transportation's website.

Summary: Emergency Transportation Safety Fund Act - Amends the Internal Revenue Code to reduce the tax rate on current and accumulated foreign earnings of U.S. corporations reinvested in the United States and make such lower rate permanent. Establishes the Emergency Transportation Safety Fund and makes appropriations to it. Directs the Secretary of Transportation (DOT) to compile a prioritized list of emergency transportation projects, which will guide the allocation of Fund amounts to the states.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Service Dogs for Veterans Act of 2009''. SEC. 2. PILOT PROGRAM ON USE OF SERVICE DOGS FOR THE TREATMENT OR REHABILITATION OF VETERANS WITH PHYSICAL OR MENTAL INJURIES OR DISABILITIES. (a) Findings.--Congress makes the following findings: (1) The United States owes a profound debt to those who have served the United States honorably in the Armed Forces. (2) Disabled veterans suffer from a range of physical and mental injuries and disabilities. (3) In 2008, the Army reported the highest level of suicides among its soldiers since it began tracking the rate 28 years before 2009. (4) A scientific study documented in the 2008 Rand Report entitled ``Invisible Wounds of War'' estimated that 300,000 veterans of Operation Enduring Freedom and Operation Iraqi Freedom currently suffer from post-traumatic stress disorder. (5) Veterans have benefitted in multiple ways from the provision of service dogs. (6) The Department of Veterans Affairs has been successfully placing guide dogs with the blind since 1961. (7) Thousands of dogs around the country await adoption. (b) Program Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a three-year pilot program to assess the benefits, feasibility, and advisability of using service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities, including post-traumatic stress disorder. (c) Partnerships.-- (1) In general.--The Secretary shall carry out the pilot program by partnering with nonprofit organizations that-- (A) have experience providing service dogs to individuals with injuries or disabilities; (B) do not charge fees for the dogs, services, or lodging that they provide; and (C) are accredited by a generally accepted industry-standard accrediting institution. (2) Reimbursement of costs.--The Secretary shall reimburse partners for costs relating to the pilot program as follows: (A) For the first 50 dogs provided under the pilot program, all costs relating to the provision of such dogs. (B) For dogs provided under the pilot program after the first 50 dogs provided, all costs relating to the provision of every other dog. (d) Participation.-- (1) In general.--As part of the pilot program, the Secretary shall provide a service dog to a number of veterans with physical or mental injuries or disabilities that is greater than or equal to the greater of-- (A) 200; and (B) the minimum number of such veterans required to produce scientifically valid results with respect to assessing the benefits and costs of the use of such dogs for the treatment or rehabilitation of such veterans. (2) Composition.--The Secretary shall ensure that-- (A) half of the participants in the pilot program are veterans who suffer primarily from a mental health injury or disability; and (B) half of the participants in the pilot program are veterans who suffer primarily from a physical injury or disability. (e) Study.--In carrying out the pilot program, the Secretary shall conduct a scientifically valid research study of the costs and benefits associated with the use of service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities. The matters studied shall include the following: (1) The therapeutic benefits to such veterans, including the quality of life benefits reported by the veterans partaking in the pilot program. (2) The economic benefits of using service dogs for the treatment or rehabilitation of such veterans, including-- (A) savings on health care costs, including savings relating to reductions in hospitalization and reductions in the use of prescription drugs; and (B) productivity and employment gains for the veterans. (3) The effectiveness of using service dogs to prevent suicide. (f) Reports.-- (1) Annual report of the secretary.--After each year of the pilot program, the Secretary shall submit to Congress a report on the findings of the Secretary with respect to the pilot program. (2) Final report by the national academy of sciences.--Not later than 180 days after the date of the completion of the pilot program, the National Academy of Sciences shall submit to Congress a report on the results of the pilot program.

Summary: Service Dogs for Veterans Act of 2009 - Directs the Secretary of Veterans Affairs (VA) to commence a three-year pilot program to assess the benefits, feasibility, and advisability of using service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities, including post-traumatic stress disorder. Requires related reports to Congress.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Upper Mississippi Conservation and River Protection Act of 2012'' or the ``Upper Mississippi CARP Act''. SEC. 2. DEFINITIONS. In this Act: (1) Alternative technology barrier.--The term ``alternative technology barrier'' means-- (A) an electric barrier; (B) an acoustic barrier; (C) a bubble barrier; and (D) any other barrier the Secretary determines to be appropriate. (2) Asian carp.--The term ``Asian carp'' means-- (A) grass carp (Ctenopharyngodon idella); (B) silver carp (Hypophthalmichthys molitrix); (C) bighead carp (Hypophthalmichthys nobilis); and (D) black carp (Mylopharyngodon piceus). (3) Lock and dam 2.--The term ``Lock and Dam 2'' means the lock and dam located on Mississippi River mile 815.2 upstream of Hastings, Minnesota. (4) Lock and dam 4.--The term ``Lock and Dam 4'' means the lock and dam located on Mississippi River mile 752.8 in Alma, Wisconsin. (5) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (6) Upper st. anthony falls lock and dam.--The term ``Upper St. Anthony Falls Lock and Dam'' means the lock and dam located on Mississippi River mile 853.9 in Minneapolis, Minnesota. SEC. 3. FEASIBILITY STUDY ON TEMPORARY CLOSURE OF UPPER ST. ANTHONY FALLS LOCK. (a) Study.--The Secretary shall conduct a study on the feasibility of temporarily closing the lock at the Upper St. Anthony Falls Lock and Dam to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Potential Impacts.--In conducting the study, the Secretary shall assess the potential impacts, including environmental and economic impacts of-- (1) temporary closure of the lock; and (2) continuing to operate the lock. (c) Consultation.--The Secretary shall carry out the study in consultation with the Secretary of the Interior and appropriate Federal, State, and local entities. (d) Public Comment.--In conducting the study, the Secretary shall provide an opportunity for, and take into consideration, public comments. (e) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study. SEC. 4. FEASIBILITY STUDY ON USE OF OTHER ASIAN CARP CONTROL MEASURES. (a) Study.--The Secretary shall conduct a study on the feasibility of implementing control measures at the Upper St. Anthony Falls Lock and Dam to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Types of Control Measures.--The study shall include an examination of-- (1) permanent closure of the lock; (2) modified lock operations; (3) the use of an alternative technology barrier; and (4) any other control measures the Secretary determines to be appropriate. (c) Potential Impacts.--In conducting the study, the Secretary shall assess the potential impacts, including environmental and economic impacts of-- (1) implementing each of the control measures described in subsection (b); and (2) not implementing any control measures. (d) Consultation.--The Secretary shall carry out the study in consultation with the Secretary of the Interior and appropriate Federal, State, and local entities. (e) Public Comment.--In conducting the study, the Secretary shall provide an opportunity for, and take into consideration, public comments. (f) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study. SEC. 5. CLOSURE OF LOCKS TO PREVENT SPREAD OF ASIAN CARP. (a) Discretionary Closure.--The Secretary may close the lock at the Upper St. Anthony Falls Lock and Dam if the Secretary determines in writing, based on the assessment of potential impacts under section 3(b), that closure of the lock is justified as a method to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Mandatory Closure.--The Secretary shall close the lock at the Upper St. Anthony Falls Lock and Dam if the Secretary determines that-- (1) 1 or more live adult Asian carp has been captured above Lock and Dam 2; or (2) 1 or more juvenile Asian carp has been captured above Lock and Dam 4. (c) Period of Closure.--If the Secretary closes the lock under this section, the Secretary may reopen the lock after the Secretary determines in writing that adequate measures are in place to manage the threat of Asian carp moving upstream of the Upper St. Anthony Falls Lock and Dam. (d) Emergency Operations.--Nothing in this section shall prevent the Secretary from carrying out emergency lock operations necessary to mitigate flood damage. SEC. 6. ASIAN CARP CONTROL STRATEGY FRAMEWORK. The Council on Environmental Quality shall incorporate the Upper Mississippi River and tributaries, the Minnesota River, and the St. Croix River into the Asian Carp Control Strategy Framework of the Council. SEC. 7. SENSE OF CONGRESS. It is the sense of Congress that, to the maximum extent practicable, Federal agencies researching Asian carp control technologies should partner with State and local shareholders, giving priority to those collaborative partnerships in which the State and local shareholders contribute to the cost of the research.

Summary: Upper Mississippi Conservation and River Protection Act of 2012 or the Upper Mississippi CARP Act - Directs the Chief of Engineers to: (1) study the feasibility of temporarily closing the lock at the Upper St. Anthony Falls Lock and Dam, or implementing control measures at the lock, including permanently closing the lock, modifying lock operations, or using an alternative technology barrier, to manage the threat of Asian carp traveling up the Mississippi River in Minnesota; and (2) assess the potential impacts, including environmental and economic impacts, of temporarily closing the lock or continuing to operate it and of implementing the control measures or not implementing such measures. Authorizes the Chief to close the lock upon determining that closure is justified based on the assessment of potential impacts. Requires the Chief to close the lock upon determining that a live adult Asian carp has been captured above Lock and Dam 2 or that a juvenile Asian carp has been captured above Lock and Dam 4. Allows the Chief to reopen the lock upon determining that adequate measures are in place to manage the threat. Directs the Council on Environmental Quality to incorporate the Upper Mississippi River and tributaries, the Minnesota River, and the St. Croix River into the Asian Carp Control Strategy Framework of the Council. Expresses the sense of Congress that federal agencies researching Asian carp control technologies should partner with state and local shareholders, giving priority to collaborative partnerships in which such shareholders contribute to the cost of the research.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Coordinating Assistance for TANF Recipients Act''. SEC. 2. COORDINATED CASE MANAGEMENT DEMONSTRATION PROJECTS. Section 403 of the Social Security Act (42 U.S.C. 603) is amended by adding at the end the following: ``(c) Coordinated Case Management Demonstration Projects.-- ``(1) In general.--The Secretary shall make grants to States to conduct demonstration projects designed to implement and evaluate strategies to provide coordinated case management to help individuals receiving assistance under a State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) increase their employment and self- sufficiency. ``(2) Application requirements.--The Secretary shall require each State that applies for a grant under this paragraph to do the following: ``(A) Describe how, using the funds provided under this paragraph, the State will develop an individual responsibility plan in accordance with section 408(b) for each recipient referred to in paragraph (1) of this subsection. ``(B) Describe how the State will coordinate the development of this plan with other programs and agencies providing benefits and services to the individual to help the recipient increase the employment and self-sufficiency of the recipient. ``(C) Describe how the State will coordinate the delivery of the benefits and services to the recipient (which may include the use of home visiting models). ``(D) Describe how the State will meet with the recipient at least monthly to review the employment status of the recipient and status of the participation of the recipient in other activities, the benefits and services the recipient is receiving, and the progress of the recipient toward meeting the goals specified in the individual responsibility plan of the recipient. ``(3) Use of funds.--A State to which a grant is made under this subsection may use the grant for the following purposes: ``(A) To support coordinated case managers in completing the activities specified in paragraph (2). ``(B) To provide short-term transitional benefits and services to individuals who, due to increased employment or earnings, may face disincentives to increasing work or earnings due to the phase-out or loss of certain benefits. ``(C) To ensure that recipients of services under the demonstration project have a choice between 2 or more coordinated case management service providers. ``(D) To improve coordination between programs serving recipients who are part of the demonstration project. ``(E) To improve coordination between information technology and other systems to deliver better benefits or services to the recipient, except that not more than 10 percent of the grant amount may be used for this purpose. ``(4) Evaluation.--The Secretary, in consultation with each State conducting a demonstration project under this subsection, shall conduct a high-quality evaluation of the demonstration project in accordance with the following: ``(A) Evaluator qualifications.--The Secretary may not enter into a contract with an evaluator unless the evaluator has demonstrated experience in conducting rigorous evaluations of program effectiveness including, where available and appropriate, well- implemented randomized controlled trials. ``(B) Methodologies to be used.--The evaluation of a demonstration project shall use experimental designs using random assignment or other reliable, evidence- based research methodologies that allow for the strongest possible causal inferences when random assignment is not feasible. ``(C) Public disclosure.--The Secretary shall publish the results of the evaluation on the website of the Department of Health and Human Services in a location easily accessible by the public. ``(D) Limitation on cost of evaluations.--For evaluations under this paragraph, the Secretary may not obligate more than 20 percent of the funds reserved under paragraph (6) for each fiscal year. ``(5) Recommendations to congress.--The Secretary shall submit recommendations to the Congress on ways to improve case management and better coordinate benefits and services across programs. ``(6) Funding.--Of the amounts made available to carry out subsection (b) for fiscal year 2016 and each succeeding fiscal year, the Secretary shall reserve $300,000,000 to carry out this subsection. ``(7) Availability of funds.--Funds provided to a State under this subsection for a fiscal year shall be expended by the State in the fiscal year or in the succeeding fiscal year.''. SEC. 3. EFFECTIVE DATE. The amendment made by this Act shall take effect on October 1, 2015.

Summary: Coordinating Assistance for TANF Recipients Act This bill amends part A (Temporary Assistance for Needy Families) (TANF) of the Social Security Act to direct the Department of Health and Human Services to make grants to states to conduct demonstration projects designed to implement and evaluate strategies to provide coordinated case management to help individuals receiving TANF assistance to increase their employment and self-sufficiency.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Comprehensive Hepatitis C Health Care Act''. SEC. 2. COMPREHENSIVE HEPATITIS C HEALTH CARE TESTING AND TREATMENT PROGRAM FOR VETERANS. (a) In General.--(1) Chapter 17 of title 38, United States Code, is amended by inserting after section 1720E the following new section: ``Sec. 1720F. Hepatitis C testing and treatment ``(a)(1) During the first year after the date of the enactment of this section, the Secretary shall provide a blood test for the Hepatitis C virus to-- ``(A) each veteran who served in the active military, naval, or air service during the Vietnam era and is enrolled to receive care under section 1710 of this title who requests the test or is otherwise receiving a physical examination or any care or treatment from the Secretary; and ``(B) to any other veteran who requests the test. ``(2) After the end of the one-year period referred to in paragraph (1), the Secretary shall provide a blood test for the Hepatitis C virus to any veteran who presents one or more risk factors for that virus and who requests the test. ``(b) In the case of any veteran who tests positive for the Hepatitis C virus, the Secretary shall provide an appropriate treatment protocol for that veteran. Treatment shall be provided under this subsection without regard to whether the Hepatitis C virus is determined to be service-connected and without regard to priority group categorization of the veteran. No copayment may be charged for treatment under this subsection. ``(c) In the case of any veteran who tests positive for the Hepatitis C virus, the Secretary shall, upon request, perform a liver biopsy on the veteran as a follow-up test. ``(d) In the case of any veteran who tests positive for the Hepatitis C virus, the Secretary shall, upon request, provide a Hepatitis C virus genotype test before beginning treatment of the veteran under subsection (b). ``(e)(1) The Secretary shall require that each Department medical center employ at least one full-time gastroenterologist or hepatologist to conduct tests for the Hepatitis C virus under this section. ``(2) The Secretary shall, to the extent practicable, ensure that each Department medical center has at least one staff member assigned to work, in coordination with Hepatitis C medical personnel, to coordinate treatment options for Hepatitis C patients and provide information for those patients. Such a staff member should preferably be trained in psychology or psychiatry or be a social worker. ``(3) In order to improve treatment provided to veterans with the Hepatitis C virus, the Secretary shall provide increased training options to Department health care personnel.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720E the following new item: ``1720F. Hepatitis C testing and treatment.''. SEC. 3. FUNDING FOR HEPATITIS C PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Program Account.--Beginning with fiscal year 2001, amounts appropriated for the Department of Veterans Affairs for Hepatitis C detection and treatment shall be provided, within the ``Medical Care'' account, through the ``Specific Purpose'' subaccount, rather than the ``VERA'' subaccount. (b) Allocation of Funds to VISNs.--In allocating funds appropriated for the Department of Veterans Affairs for the ``Medical Care'' account to the Veterans Integrated Service Networks, the Secretary of Veterans Affairs shall allocate funds for detection and treatment of the Hepatitis C virus based upon incidence rates of that virus among veterans (rather than based upon the overall population of veterans) in each such network. (c) Limitation on Use of Funds.--Amounts appropriated for the Department of Veterans Affairs for Hepatitis C detection and treatment through the ``Specific Purpose'' subaccount may not be used for any other purpose. SEC. 4. NATIONAL POLICY. (a) Standardized Nationwide Policy.--The Secretary of Veterans Affairs shall develop and implement a standardized policy to be applied throughout the Department of Veterans Affairs health care system with respect to the Hepatitis C virus. The policy shall include the testing protocol for the Hepatitis C virus, treatment options, education and notification efforts, and establishment of a specific Hepatitis C diagnosis code for measurement and treatment purposes. (b) Outreach.--The Secretary shall, on an annual basis, take appropriate actions to notify veterans who have not been tested for the Hepatitis C virus of the need for such testing and the availability of such testing from the Department of Veterans Affairs. SEC. 5. HEPATITIS C CENTERS OF EXCELLENCE. (a) Establishment.--The Secretary of Veterans Affairs shall establish at least one, and not more than three, Hepatitis C centers of excellence. Each such center shall be established at a Department of Veterans Affairs medical center in one of the five geographic service areas (known as a Veterans Integrated Service Network) with the highest case rate of Hepatitis C in fiscal year 1999. (b) Funding.--Funding for the centers established under subsection (a) shall be provided from amounts available to the Central Office of the Department of Veterans Affairs and shall be in addition to amounts allocated for Hepatitis C pursuant to section 3.

Summary: Provides funding for Department Hepatitis C detection and treatment programs, beginning with FY 2001. Directs the Secretary to: (1) develop and implement a standardized Department policy with respect to such virus; and (2) annually take appropriate outreach actions to notify untested veterans. Directs the Secretary to establish at least one and no more than three Hepatitis C centers of excellence within the Department health care network. Provides centers' funding.


TITLE I--WITHDRAWAL OF ACKNOWLEDGEMENT OR RECOGNITION SEC. 101. SHORT TITLE. This title may be cited as the ``Federally Recognized Indian Tribe List Act of 1994''. SEC. 102. DEFINITIONS. For the purposes of this title: (1) The term ``Secretary'' means the Secretary of the Interior. (2) The term ``Indian tribe'' means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian tribe. (3) The term ``list'' means the list of recognized tribes published by the Secretary pursuant to section 104 of this title. SEC. 103. FINDINGS. The Congress finds that-- (1) the Constitution, as interpreted by Federal case law, invests Congress with plenary authority over Indian Affairs; (2) ancillary to that authority, the United States has a trust responsibility to recognized Indian tribes, maintains a government- to-government relationship with those tribes, and recognizes the sovereignty of those tribes; (3) Indian tribes presently may be recognized by Act of Congress; by the administrative procedures set forth in part 83 of the Code of Federal Regulations denominated ``Procedures for Establishing that an American Indian Group Exists as an Indian Tribe;'' or by a decision of a United States court; (4) a tribe which has been recognized in one of these manners may not be terminated except by an Act of Congress; (5) Congress has expressly repudiated the policy of terminating recognized Indian tribes, and has actively sought to restore recognition to tribes that previously have been terminated; (6) the Secretary of the Interior is charged with the responsibility of keeping a list of all federally recognized tribes; (7) the list published by the Secretary should be accurate, regularly updated, and regularly published, since it is used by the various departments and agencies of the United States to determine the eligibility of certain groups to receive services from the United States; and (8) the list of federally recognized tribes which the Secretary publishes should reflect all of the federally recognized Indian tribes in the United States which are eligible for the special programs and services provided by the United States to Indians because of their status as Indians. SEC. 104. PUBLICATION OF LIST OF RECOGNIZED TRIBES. (a) Publication of the List.--The Secretary shall publish in the Federal Register a list of all Indian tribes which the Secretary recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (b) Frequency of Publication.--The list shall be published within 60 days of enactment of this Act, and annually on or before every January 30 thereafter. TITLE II--CENTRAL COUNCIL OF TLIN- GIT AND HAIDA INDIAN TRIBES OF ALASKA SEC. 201. SHORT TITLE. This title may be cited as the ``Tlingit and Haida Status Clarification Act''. SEC. 202. FINDINGS. The Congress finds and declares that-- (1) the United States has acknowledged the Central Council of Tlingit and Haida Indian Tribes of Alaska pursuant to the Act of June 19, 1935 (49 Stat. 388, as amended, commonly referred to as the ``Jurisdiction Act''), as a federally recognized Indian tribe; (2) on October 21, 1993, the Secretary of the Interior published a list of federally recognized Indian tribes pursuant to part 83 of title 25 of the Code of Federal Regulations which omitted the Central Council of Tlingit and Haida Indian Tribes of Alaska; (3) the Secretary does not have the authority to terminate the federally recognized status of an Indian tribe as determined by Congress; (4) the Secretary may not administratively diminish the privileges and immunities of federally recognized Indian tribes without the consent of Congress; and (5) the Central Council of Tlingit and Haida Indian Tribes of Alaska continues to be a federally recognized Indian tribe. SEC. 203. REAFFIRMATION OF TRIBAL STATUS. The Congress reaffirms and acknowledges that the Central Council of Tlingit and Haida Indian Tribes of Alaska is a federally recognized Indian tribe. SEC. 204. DISCLAIMER. (a) In General.--Nothing in this title shall be interpreted to diminish or interfere with the government-to-government relationship between the United States and other federally recognized Alaska Native tribes, nor to vest any power, authority, or jurisdiction in the Central Council of Tlingit and Haida Indian Tribes of Alaska over other federally recognized Alaska Native tribes. (b) Constitution of Central Council of the Tlingit and Haida Indian Tribes of Alaska.--Nothing in this title shall be construed as codifying the Constitution of the Central Council of the Tlingit and Haida Indian Tribes of Alaska into Federal law. SEC. 205. PROHIBITION AGAINST DUPLICATIVE SERVICES. Other federally recognized tribes in Southeast Alaska shall have precedence over the Central Council of Tlingit and Haida Indian Tribes of Alaska in the award of a Federal compact, contract or grant to the extent that their service population overlaps with that of the Central Council of Tlingit and Haida Indian tribes of Alaska. In no event shall dually enrolled members result in duplication of Federal service funding. TITLE III--PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA SEC. 301. SHORT TITLE. This title may be cited as the ``Paskenta Band Restoration Act''. SEC. 302. DEFINITIONS. For purposes of this title: (1) The term ``Tribe'' means the Paskenta Band of Nomlaki Indians of the Paskenta Rancheria of California. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Interim Council'' means the governing body of the Tribe specified in section 307. (4) The term ``member'' means an individual who meets the membership criteria under section 306(b). (5) The term ``State'' means the State of California. (6) The term ``reservation'' means those lands acquired and held in trust by the Secretary for the benefit of the Tribe pursuant to section 305. (7) The term ``service area'' means the counties of Tehama and Glenn, in the State of California. SEC. 303. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES. (a) Federal Recognition.--Federal recognition is hereby extended to the Tribe. Except as otherwise provided in this title, all laws and regulations of general application to Indians and nations, tribes, or bands of Indians that are not inconsistent with any specific provision of this title shall be applicable to the Tribe and its members. (b) Restoration of Rights and Privileges.--Except as provided in subsection (d), all rights and privileges of the Tribe and its members under any Federal treaty, Executive order, agreement, or statute, or under any other authority which were diminished or lost under the Act of August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby restored and the provisions of such Act shall be inapplicable to the Tribe and its members after the date of enactment of this Act. (c) Federal Services and Benefits.--Without regard to the existence of a reservation, the Tribe and its members shall be eligible, on and after the date of enactment of this Act, for all Federal services and benefits furnished to federally recognized Indian tribes or their members. In the case of Federal services available to members of federally recognized Indian tribes residing on a reservation, members of the Tribe residing in the Tribe's service area shall be deemed to be residing on a reservation. (d) Hunting, Fishing, Trapping, and Water Rights.--Nothing in this title shall expand, reduce, or affect in any manner any hunting, fishing, trapping, gathering, or water right of the Tribe and its members. (e) Indian Reorganization Act Applicability.--The Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall be applicable to the Tribe and its members. (f) Certain Rights Not Altered.--Except as specifically provided in this title, nothing in this title shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes levied. SEC. 304. ECONOMIC DEVELOPMENT. (a) Plan for Economic Development.--The Secretary shall-- (1) enter into negotiations with the governing body of the Tribe with respect to establishing a plan for economic development for the Tribe; (2) in accordance with this section and not later than two years after the adoption of a tribal constitution as provided in section 308, develop such a plan; and (3) upon the approval of such plan by the governing body of the Tribe, submit such plan to the Congress. (b) Restrictions.--Any proposed transfer of real property contained in the plan developed by the Secretary under subsection (a) shall be consistent with the requirements of section 305. SEC. 305. TRANSFER OF LAND TO BE HELD IN TRUST. (a) Lands To Be Taken in Trust.--The Secretary shall accept any real property located in Tehama County, California, for the benefit of the Tribe if conveyed or otherwise transferred to the Secretary if, at the time of such conveyance or transfer, there are no adverse legal claims to such property, including outstanding liens, mortgages, or taxes owned. The Secretary may accept any additional acreage in the Tribe's service area pursuant to the authority of the Secretary under the Act of June 18, 1934 (25 U.S.C. 461 et seq.). (b) Lands To Be Part of the Reservation.--Subject to the conditions imposed by this section, any real property conveyed or transferred under this section shall be taken in the name of the United States in trust for the Tribe and shall be part of the Tribe's reservation. SEC. 306. MEMBERSHIP ROLLS. (a) Compilation of Tribal Membership Roll.--Within one year after the date of the enactment of this Act, the Secretary shall, after consultation with the Tribe, compile a membership roll of the Tribe. (b) Criteria for Membership.--(1) Until a tribal constitution is adopted pursuant to section 308, an individual shall be placed on the membership roll if such individual is living, is not an enrolled member of another federally recognized Indian tribe, is of Nomlaki Indian ancestry, and if-- (A) such individual's name was listed on the Paskenta Indian Rancheria distribution roll compiled on February 26, 1959, by the Bureau of Indian Affairs and approved by the Secretary of the Interior on July 7, 1959, pursuant to Public Law 85-671; (B) such individual was not listed on the Paskenta Indian Rancheria distribution list, but met the requirements that had to be met to be listed on the Paskenta Indian Rancheria list; (C) such individual is identified as an Indian from Paskenta in any of the official or unofficial rolls of Indians prepared by the Bureau of Indian Affairs; or (D) such individual is a lineal descendant of an individual, living or dead, identified in subparagraph (A), (B), or (C). (2) After adoption of a tribal constitution pursuant to section 308, such tribal constitution shall govern membership in the Tribe. (c) Conclusive Proof of Paskenta Indian Ancestry.--For the purpose of subsection (b), the Secretary shall accept any available evidence establishing Paskenta Indian ancestry. The Secretary shall accept as conclusive evidence of Paskenta Indian ancestry, information contained in the census of the Indians in and near Paskenta, prepared by Special Indian Agent John J. Terrell, in any other roll or census of Paskenta Indians prepared by the Bureau of Indian Affairs, and in the Paskenta Indian Rancheria distribution list, compiled by the Bureau of Indian Affairs on February 26, 1959. SEC. 307. INTERIM GOVERNMENT. Until a new tribal constitution and bylaws are adopted and become effective under section 308, the Tribe's governing body shall be an Interim Council. The initial membership of the Interim Council shall consist of the members of the Tribal Council of the Tribe on the date of the enactment of this Act, and the Interim Council shall continue to operate in the manner prescribed for the Tribal Council under the tribal constitution adopted December 18, 1993. Any new members filling vacancies on the Interim Council shall meet the membership criteria set forth in section 306(b) and be elected in the same manner as are Tribal Council members under the tribal constitution adopted December 18, 1993. SEC. 308. TRIBAL CONSTITUTION. (a) Election; Time and Procedure.--Upon the completion of the tribal membership roll under section 306(a) and upon the written request of the Interim Council, the Secretary shall conduct, by secret ballot, an election for the purpose of adopting a constitution and bylaws for the Tribe. The election shall be held according to section 16 of the Act of June 18, 1934 (25 U.S.C. 476), except that absentee balloting shall be permitted regardless of voter residence. (b) Election of Tribal Officials; Procedures.--Not later than 120 days after the Tribe adopts a constitution and bylaws under subsection (a), the Secretary shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in such tribal constitution. Such election shall be conducted according to the procedures specified in subsection (a) except to the extent that such procedures conflict with the tribal constitution. SEC. 309. GENERAL PROVISION. The Secretary may promulgate such regulations as may be necessary to carry out the provisions of this title. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: TABLE OF CONTENTS: Title I: Withdrawal of Acknowledgement of Recognition Title II: Central Council of Tlingit and Haida Indian Tribes of Alaska Title III: Paskenta Band of Nomlaki Indians of California Title I: Withdrawal of Acknowledgement of Recognition - Federally Recognized Indian Tribe List Act of 1994 - Requires the Secretary of the Interior to publish an annual list of federally recognized Indian tribes. Title II: Central Council of Tlingit and Haida Indian Tribes of Alaska - Tlingit and Haida Status Clarification Act - States that the Congress reaffirms and acknowledges that the Central Council of Tlingit and Haida Indian Tribes of Alaska is a federally recognized Indian tribe. Title III: Paskenta Band of Nomlaki Indians of California - Paskenta Band Restoration Act - Extends Federal recognition and restores rights and privileges of the Paskenta Band of Nomlaki Indians of the Paskenta Rancheria of California.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Protection Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Social Security is the most successful and reliable social program in our Nation's history. (2) For 75 years, through good times and bad, Social Security has reliably kept millions of senior citizens, individuals with disabilities, and children out of poverty. (3) Before President Franklin Roosevelt signed the Social Security Act into law on August 14, 1935, approximately half of the senior citizens in the United States lived in poverty; less than 10 percent of seniors live in poverty today. (4) Social Security has succeeded in protecting working Americans and their families from devastating drops in household income due to lost wages resulting from retirement, disability, or the death of a spouse or parent. (5) More than 53,000,000 Americans receive Social Security benefits, including 36,500,000 retirees and their spouses, 9,200,000 veterans, 8,200,000 disabled individuals and their spouses, 4,500,000 surviving spouses of deceased workers, and 4,300,000 dependent children. (6) Social Security has never contributed to the Federal budget deficit or the national debt, and benefit cuts should not be proposed as a solution to reducing the Federal budget deficit. (7) Social Security is not in a crisis or going bankrupt, as the Social Security Trust Funds have been running surpluses for the last quarter of a century. (8) According to the Social Security Administration, the Social Security Trust Funds currently maintain a $2,600,000,000,000 surplus that is project to grow to $4,200,000,000,000 by 2023. (9) According to the Social Security Administration, even if no changes are made to the Social Security program, full benefits will be available to every recipient until 2037, with enough funding remaining after that date to pay about 78 percent of promised benefits. (10) According to the Social Security Administration, ``money flowing into the [Social Security] trust funds is invested in U.S. Government securities . . . the investments held by the trust funds are backed by the full faith and credit of the U.S. Government. The Government has always repaid Social Security, with interest.''. (11) All workers who contribute into Social Security through the 12.4 percent payroll tax, which is divided equally between employees and employers on income up to $106,800, deserve to have a dignified and secure retirement. (12) Social Security provides the majority of income for two-thirds of the elderly population in the United States, with approximately one-third of elderly individuals receiving nearly all of their income from Social Security. (13) Overall, Social Security benefits for retirees currently average a modest $14,000 a year, with the average for women receiving benefits being less than $12,000 per year. (14) Nearly 1 out of every 4 adult Social Security beneficiaries has served in the United States military. (15) Social Security is not solely a retirement program, as it also serves as a disability insurance program for American workers who become permanently disabled and unable to work. (16) The Social Security Disability Insurance program is a critical lifeline for millions of American workers, as a 20- year-old worker faces a 30 percent chance of becoming disabled before reaching retirement age. (17) Proposals to privatize the Social Security program would jeopardize the security of millions of Americans by subjecting them to the ups-and-downs of the volatile stock market as the source of their retirement benefits. (18) Raising the retirement age would jeopardize the retirement future of millions of American workers, particularly those in physically demanding jobs as well as lower-income women, African-Americans, and Latinos, all of whom have a much lower life expectancy than wealthier Americans. (19) Social Security benefits have already been cut by 13 percent, as the Normal Retirement Age was raised in 1983 from 65 years of age to 67 years of age by 2022. (20) According to the Social Security Administration, raising the retirement age for future retirees would reduce benefits by 6 to 7 percent for each year that the Normal Retirement Age is raised. (21) Reducing cost-of-living adjustments for current or future Social Security beneficiaries would force millions of such individuals to choose between heating their homes, putting food on the table, or paying for their prescription drugs. (22) Social Security is a promise that this Nation cannot afford to break. SEC. 3. LIMITATION ON CHANGES TO THE SOCIAL SECURITY PROGRAM FOR CURRENT AND FUTURE BENEFICIARIES. (a) In General.--Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider, for purposes of the old-age, survivors, and disability insurance benefits program established under title II of the Social Security Act (42 U.S.C. 401 et seq.), any legislation that-- (1) increases the retirement age (as defined in section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1))) or the early retirement age (as defined in section 216(l)(2) of the Social Security Act (42 U.S.C. 416(l)(2))) for individuals receiving benefits under title II of the Social Security Act on or after the date of enactment of this Act; (2) reduces cost-of-living increases for individuals receiving benefits under title II of the Social Security Act on or after the date of enactment of this Act, as determined under section 215(i) of the Social Security Act (42 U.S.C. 415(i)); (3) reduces benefit payment amounts for individuals receiving benefits under title II of the Social Security Act on or after the date of enactment of this Act; or (4) creates private retirement accounts for any of the benefits individuals receive under title II of the Social Security Act on or after the date of enactment of this Act. (b) Waiver or Suspension.-- (1) In the senate.--The provisions of this section may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, present and voting. (2) In the house.--The provisions of this section may be waived or suspended in the House of Representatives only by a rule or order proposing only to waive such provisions by an affirmative vote of two-thirds of the Members, present and voting. (c) Point of Order Protection.--In the House of Representatives, it shall not be in order to consider a rule or order that waives the application of paragraph (2) of subsection (b). (d) Motion To Suspend.--It shall not be in order for the Speaker to entertain a motion to suspend the application of this section under clause 1 of rule XV of the Rules of the House of Representatives.

Summary: Social Security Protection Act of 2011 - Makes it out of order in the Senate or the House of Representatives to consider any legislation that: (1) increases the retirement age or the early retirement age for individuals receiving benefits under title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act on or after the enactment of this Act; (2) reduces cost-of-living increases for them; (3) reduces benefit payment amounts for them; or (4) creates private retirement accounts for any of the OSADI benefits they receive.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Americans Giving care to Elders (AGE) Act of 2007''. SEC. 2. CREDIT FOR ELDERCARE EXPENSES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. EXPENSES FOR ELDERCARE. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are 1 or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the eldercare expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(2) Applicable percentage defined.--For purposes of paragraph (1), the term `applicable percentage' means 20 percent reduced (but not below zero) by 1 percentage point for each $4,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $120,000. ``(b) Definitions of Qualifying Individual and Eldercare Expenses.--For purposes of this section-- ``(1) Qualifying individual.--The term `qualifying individual' means the father or mother of the taxpayer or an ancestor of such father or mother, who requires assistance with activities of daily living. ``(2) Eldercare expenses.-- ``(A) In general.--The term `eldercare expenses' means amounts paid for expenses for the care of a qualifying individual. ``(B) Care centers.--Eldercare expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a care center (as defined in subparagraph (C)) shall be taken into account only if such center complies with all applicable laws and regulations of a State or unit of local government. ``(C) Care center defined.--For purposes of this paragraph, the term `care center' means any facility which-- ``(i) provides care for more than six individuals, and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(c) Dollar Limit on Amount Creditable.-- ``(1) In general.--The amount of the eldercare expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed $6,000. ``(2) Coordination with dependent care assistance exclusion.--The dollar amount in paragraph (1) shall be reduced by the aggregate amount excluded from gross income under section 129 for the taxable year. ``(d) Special Rules.--For purposes of this section-- ``(1) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(2) Identifying information required with respect to service provider.--No credit shall be allowed under subsection (a) for any amount paid to any person unless-- ``(A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or ``(B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(3) Identifying information required with respect to qualifying individuals.--No credit shall be allowed under subsection (a) with respect to any qualifying individual unless the taxpayer identification number of such individual is included on the return claiming the credit. ``(4) Married couples must file joint return.--Rules similar to the rules of paragraphs (2) and (3) of section 21(e) shall apply. ``(e) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any amount with respect to which a credit is allowed under section 21. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Expenses for eldercare.''. (c) Conforming Amendments.-- (1) Section 213(e) of the Internal Revenue Code of 1986 (relating to exclusion of amounts allowed for care of certain dependents) is amended-- (A) by inserting ``or section 25E'' after ``section 21'', and (B) by inserting ``and Elders'' after ``Certain Dependents'' in the heading. (2) Section 6213(g)(2) of such Code (relating to mathematical or clerical error) is amended-- (A) by inserting ``, section 25E (relating to expenses for care of elders),'' after ``(relating to expenses for household and dependent care services necessary for gainful employment)'' in subparagraph (H), and (B) by inserting ``25E,'' after ``24,'' in subparagraph (L). (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. EXTENSION AND INCREASE IN FUNDING FOR THE NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM. Section 303(e)(2) of the Older Americans Act of 1965 (42 U.S.C. 3023(e)(2)), as amended by the Older Americans Act Amendments of 2006, is further amended by striking ``$166,500,000 for fiscal year 2008'' and all that follows through ``for fiscal year 2011'' and inserting ``$250,000,000 for each of fiscal years 2008, 2009, 2010, and 2011.''. SEC. 4. NATIONAL RESOURCE CENTER ON FAMILY CAREGIVING. (a) In General.--Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3032 et seq.) is amended by adding at the end the following: ``SEC. 423. NATIONAL RESOURCE CENTER ON FAMILY CAREGIVING. ``(a) Definitions.--In this section: ``(1) Public or private nonprofit entity.--The term `public or private nonprofit entity' means-- ``(A) a State, a political subdivision of a State, or an agency or instrumentality of such a State or political subdivision; or ``(B) a nonprofit entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. ``(2) State.--The term `State' means 1 of the 50 States. ``(b) Establishment.--The Secretary of Health and Human Services shall award a grant to or enter into a cooperative agreement with a public or private nonprofit entity to establish a National Resource Center on Family Caregiving (referred to in this section as the `Center'). ``(c) Purposes of National Resource Center.--The Center shall-- ``(1) identify, develop, and disseminate information on best practices for and evidence-based models of family caregiver support programs; ``(2) provide timely information on policy and program updates relating to family caregivers; ``(3) partner with related organizations to disseminate practical strategies and tools to support families in their caregiving roles; ``(4) convene educational programs and web-based seminars on family caregiver issues and program development; and ``(5) provide a comprehensive Internet website with a national searchable database on family caregiver programs and resources in the States. ``(d) Authorization.--There is authorized to be appropriated to carry out this section $12,000,000 for the period of fiscal years 2008 through 2011.''. (b) Technical Amendments.-- (1) Section 431(a) of such Act (42 U.S.C. 3033(a)) is amended by striking ``or contract'' the first place it appears and inserting ``or contract (including a cooperative agreement)''. (2) Section 432(a) of such Act (42 U.S.C. 3033a(a)) is amended by striking ``and contracts'' and inserting ``and contracts (including cooperative agreements)''.

Summary: Americans Giving care to Elders (AGE) Act of 2007 - Amends the Internal Revenue Code to allow caregivers a tax credit for up to $6,000 of the eldercare expenses incurred for their parents (or ancestors of such parents). Amends the Older Americans Act of 1965 to: (1) increase funding for the National Family Caregiver Support Program through FY2011; and (2) establish a National Resource Center on Family Caregiving to provide information on and support for family caregiver support programs.


SECTION 1. DEPARTMENT OF AGRICULTURE PROGRAM TO ENCOURAGE AND ASSIST THE DONATION OF AGRICULTURAL COMMODITIES UNMARKETABLE UNDER MARKETING ORDERS. (a) Donation Program.--The Secretary of Agriculture shall establish a program to encourage and assist producers, processors, and other handlers of agricultural commodities described in subsection (b) to donate such commodities to selected food banks, soup kitchens, and homeless shelters in the United States to assist the homeless and needy. (b) Agricultural Commodities for Donation.--The agricultural commodities eligible for donation under the program established under subsection (a) are agricultural commodities that, while still fit for human consumption, are unmarketable because of grade, size, or quality restrictions imposed by a marketing order issued under section 8c of the Agricultural Adjustment Act (reenacted with amendments by the Agricultural Marketing Agreement Act of 1937) (7 U.S.C. 608c) or by a marketing order or plan issued under another law relating to the research and promotion of a specific agricultural commodity. (c) Selection of Participants.--The Secretary of Agriculture may enter into agreements with producers, processors, and other handlers of agricultural commodities described in subsection (b) who offer to make such commodities available for donation under the program established under subsection (a). As part of such an agreement, the Secretary may agree to pay all or part of the costs incurred to harvest, handle, package, or process the agricultural commodity to be donated if the Secretary determines that-- (1) the commodity would likely not be harvested, handled, packaged, or processed in the absence of the payment; and (2) volunteer harvesters or voluntary handling, packaging, or processing services are unavailable or unfeasible. (d) Eligible Food Banks, Soup Kitchens, and Homeless Shelters.-- (1) Nomination by local governments.--Local governments in a State may nominate food banks, soup kitchens, and homeless shelters for selection to receive agricultural commodities under the program established under subsection (a). The nominations shall be submitted to the State official appointed by the chief executive of the State to receive such nominations. (2) State plan.--The State official referred to in paragraph (1) shall prepare a donation plan for the State based upon the nominations submitted under such paragraph. The official shall submit the plan to the Secretary of Agriculture at such times as the Secretary may require. (3) Selection by secretary.--Based upon the agricultural commodities and funds available for the program for a year, the Secretary of Agriculture shall review the submitted plans and select food banks, soup kitchens, and homeless shelters in each State to receive agricultural commodities under the program. If the State official referred to in paragraph (1) is not appointed for a State, the Secretary may establish an alternative method for the selection of food banks, soup kitchens, and homeless shelters in that State to receive agricultural commodities under the program. (4) Consultation.--The nomination and selection of food banks, soup kitchens, and homeless shelters under this subsection should be made after consultation with nonprofit organizations serving the homeless and needy and with other interested persons. (e) Distribution of Donated Agricultural Commodities.--The Secretary of Agriculture, in consultation with the Secretary of Transportation, shall enter into contracts with persons to collect, store, and distribute agricultural commodities made available for donation under the program established under subsection (a). Contracts under this subsection shall be awarded on a competitive basis and may be for such term as the Secretary of Agriculture considers to be appropriate. (f) Funds for Program.--The Secretary of Agriculture shall use funds available for the purposes of section 32 of the Act entitled ``An Act to amend the Agricultural Adjustment Act, and for other purposes.'', approved August 24, 1935 (7 U.S.C. 612c), to carry out the program established under subsection (a), including the cost of contracts entered into under subsection (e). Notwithstanding any other provision of such section, the amount devoted to this program for a fiscal year shall be equal to at least 25 percent of the unobligated balance remaining under such section at the end of the preceding fiscal year. (g) Definitions.--For purposes of this section: (1) The term ``food bank'' means a public or charitable institution that maintains an established operation involving the provision of food or edible commodities, or the products of food or edible commodities, to food pantries, soup kitchens, hunger relief centers, or other food or feeding centers that provide meals or food to homeless or needy individuals on a regular basis. (2) The term ``soup kitchen'' means a public or charitable institution that maintains an established feeding operation to provide meals for individuals and families who do not have access to food and who are nutritionally at risk, such as the homeless, the elderly, and the impoverished. (3) The term ``homeless shelter'' means a public or charitable institution that maintains an established feeding operation to provide meals to homeless or needy individuals as part of a regular program to provide shelter, bedding, health care services, drug and alcohol abuse counseling, or occupational training to such individuals.

Summary: Directs the Secretary of Agriculture to establish a program to encourage and assist producers, processors, and other handlers of agricultural commodities to donate edible but unmarketable commodities to selected U.S. food banks, soup kitchens, and homeless shelters.