SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Higher Education Fairness Act of 1997''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. FAMILY CONTRIBUTION FOR DEPENDENT STUDENTS. (a) Parents' Available Income.--Section 475(c)(1) is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) the amount of any tax credit taken by the parents under section 25A of the Internal Revenue Code of 1986.''. (b) Student Contribution From Available Income.--Section 475(g)(2) is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by striking ``$1,750'' in subparagraph (D) and inserting ``$2,250 (or a successor amount prescribed by the Secretary under section 478)''; (3) by striking the period at the end of subparagraph (D); and (4) by inserting after subparagraph (D) the following new subparagraph: ``(E) the amount of any tax credit taken by the student under section 25A of the Internal Revenue Code of 1986.''. SEC. 3. FAMILY CONTRIBUTION FOR INDEPENDENT STUDENTS WITHOUT DEPENDENTS OTHER THAN A SPOUSE. (a) Family's Contribution From Available Income.--Section 476(b)(1)(A) (20 U.S.C. 1087pp(b)(1)(A)) is amended-- (1) by striking ``and'' at the end of clause (iv); and (2) by inserting after clause (v) the following new clause: ``(vi) the amount of any tax credit taken under section 25A of the Internal Revenue Code of 1986; and''. (b) Income Protection Allowances.--Section 476(b)(1)(A)(iv) is amended-- (1) by striking ``allowance of--'' and inserting ``allowance of the following amount (or a successor amount prescribed by the Secretary under section 478):''; (2) by striking ``$3,000'' each place it appears in subclauses (I) and (II) and inserting ``$5,500''; and (3) by striking ``$6,000'' in subclause (III) and inserting ``$8,500''. SEC. 4. FAMILY CONTRIBUTION FOR INDEPENDENT STUDENTS WITH DEPENDENTS OTHER THAN A SPOUSE. Section 477(b)(1) (20 U.S.C. 1087qq(b)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) the amount of any tax credit taken under section 25A of the Internal Revenue Code of 1986.''. SEC. 5. REGULATIONS; UPDATED TABLES AND AMOUNTS. Section 478(b) (20 U.S.C. 1087rr(b)) is amended-- (1) by striking ``For each academic year'' and inserting the following: ``(1) Revised tables.--For each academic year''; and (2) by adding at the end the following new paragraph: ``(2) Revised amounts.--For each academic year after academic year 1997-1998, the Secretary shall publish in the Federal Register revised income protection allowances for the purpose of sections 475(g)(2)(D) and 476(b)(1)(A)(iv). Such revised allowances shall be developed by increasing each of the dollar amounts contained in such section by a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary) between December 1996 and the December next preceding the beginning of such academic year, and rounding the result to the nearest $10.''. SEC. 6. DEFINITIONS. (a) Total Income.--Section 480(a)(2) (20 U.S.C. 1087vv(a)(2)) is amended-- (1) by striking ``individual, and'' and inserting ``individual,''; and (2) by inserting ``, and no portion of any tax credit taken under section 25A of the Internal Revenue Code of 1986'' before ``shall be included''. (b) Excludable Income.--Section 480(e) is amended (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding after paragraph (4) the following new paragraph: ``(5) any tax credit taken under section 25A of the Internal Revenue Code of 1986.''. (c) Other Financial Assistance.--Section 480(j) is amended by adding at the end the following new paragraph: ``(4) Notwithstanding paragraph (1), a tax credit taken under section 25A of the Internal Revenue Code of 1986 shall not be treated as estimated financial assistance for purposes of section 471(3).''.

Summary: Higher Education Fairness Act of 1997 - Amends the Higher Education Act of 1965 to revise certain need analysis formulas for student assistance. Requires deduction of the amount of the new Hope Scholarship and Lifetime Learning education expense tax credits taken under the Internal Revenue Code, as amended by the Taxpayer Relief Act of 1997 (Public Law 105-34), in calculating family available income for determination of expected family contribution (for all dependent and all independent students). (Defines such tax credits as excludable income, not to be treated as estimated financial assistance, for student assistance calculation purposes.) Increases the amounts of income protection allowances for dependent students and for independent students without dependents other than a spouse.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Civilian Volunteer Service Reserve Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The changing threats and issues that face the Nation require a new and innovative approach to mobilizing the citizenry in times of need. (2) The Civilian Volunteer Service Reserve program offers a flexible approach to the needs of specific crises, such as natural disasters, incidents of terrorism, or other emergencies at home or abroad. (3) Citizenship entails responsibilities as well as rights. The Civilian Volunteer Service Reserve program will challenge all Americans to sacrifice for their country. (4) The Civilian Volunteer Service Reserve program will make it possible to draw on the vast array of skills and the ingenuity of ordinary Americans in times of need. SEC. 3. ESTABLISHMENT. The Secretary of Homeland Security shall establish the Civilian Volunteer Service Reserve (referred to in this Act as the ``Civilian Reserve''), a national volunteer service corps ready for service in response to domestic or international emergencies, or other circumstances determined by the President pursuant to section 6. SEC. 4. GENERAL AUTHORITY. The Secretary of Homeland Security shall appoint a Director and such other officers as the Secretary considers appropriate to organize and administer the Civilian Reserve program consistent with the provisions of this Act. The Secretary is authorized to promulgate regulations necessary to carry out this Act. SEC. 5. ELIGIBILITY, COMMITMENT, AND REGISTRATION. (a) Eligibility.--All citizens and legal residents of the United States over the age of 18 shall be eligible to serve in the Civilian Reserve. (b) Commitment.--Individuals who volunteer with the Civilian Reserve shall be enrolled for a 5-year period, and shall be expected during such period to serve in full-time active duty status for a total period of 6 months, when called to such service under section 6. There shall be no limit to the number of 5-year periods of service that an individual may register to serve. (c) Registration.--Registration for the Civilian Reserve shall be administered in a manner determined by the Secretary of Homeland Security. At minimum, such registration shall include-- (1) the applicant's name, address, telephone number, Social Security number, and E-mail address; (2) the applicant's occupation, areas of study, and skills; and (3) the applicant's preference for local, national, or international service. SEC. 6. MOBILIZATION. (a) Mobilization.-- (1) In general.--The President shall have the authority to issue a voluntary call to action by issuing an executive order to mobilize certain members of the Civilian Reserve to full- time active duty status for a period not exceeding 6 months, in order to meet the pressing needs of the Nation in times of emergency, as determined by the President in consultation with the Secretary of Homeland Security. (2) Considerations.--In selecting members of the Civilian Reserve to call to action pursuant to paragraph (1), the President shall consider the relevant skills required by the emergency, the geographic location of the volunteers, and the logistics of such a mobilization. (3) Methodology of call to action.--To the extent practicable, for a voluntary call to action issued under paragraph (1), members of the Civilian Reserve shall be contacted via telephone, E-mail, and mail service. (b) Voluntary Acceptance of Call to Action.--Members of the Civilian Reserve may choose to accept a call to action issued pursuant to subsection (a)(1) and enter full-time active duty status for the period specified in such call to action, not exceeding 6 months. Members of the Civilian Reserve may also decline such a call to action, so long as such members remain committed to serving in full-time active duty status for some period or periods, not to exceed a total of 6 months, during their 5-year enrollment. (c) Mandatory Service.--The President may, under extreme circumstances, issue a mandatory mobilization of members of the Civilian Reserve, requiring such members to begin full-time active duty service for a period not exceeding 6 months. Such mobilization may apply to any members of the Civilian Reserve notwithstanding whether such members have fulfilled their expected 6-month period of service described in section 5(b) prior to such mandatory mobilization. Exemptions from such mandatory service shall be made for hardship due to family or other circumstances, upon appeal by an individual member of the Civilian Reserve. SEC. 7. FULL-TIME ACTIVE DUTY SERVICE AND BENEFITS. (a) In General.--Members of the Civilian Reserve serving in full- time active duty status shall work side-by-side with officers and agencies of the Federal, State, and local governments, non-profit and non-governmental organizations, supplementing but not supplanting existing systems for responding to emergencies and other pressing needs. (b) Transportation and Accommodations.--The Civilian Reserve program shall provide members serving in full-time active duty status with any necessary transportation and accommodations in order to facilitate such service. (c) Stipend.--Members of the Civilian Reserve serving in full-time active duty status shall receive a stipend in order to pay for necessary cost of living expenses, for such period of full-time active duty status. The amount of the stipend shall be determined by the Secretary of Homeland Security. (d) Health Insurance.--Members of the Civilian Reserve serving in full-time active duty status shall be eligible for health insurance under a program to be established, by regulation, by the Secretary of Homeland Security. (e) Reemployment Protection.--The Secretary of Homeland Security shall promulgate regulations to provide reemployment protection and other benefits for members of the Civilian Reserve who complete a period of full-time active duty service. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary for fiscal years 2005 through 2009 to carry out this Act.

Summary: Civilian Volunteer Service Reserve Act - Requires the Secretary of Homeland Security to establish the Civilian Volunteer Service Reserve to respond to domestic or international emergencies or other circumstances determined by the President. Permits a U.S. citizen or legal resident over the age of 18 to enroll for a five-year commitment in the Reserve during which he or she shall be expected to serve in a full-time active duty status for 6 months. Authorizes the President to issue a voluntary call of action as an executive order to mobilize members of the Civilian Reserve to active duty status in times of emergency. Allows members of the Civilian Reserve to accept or decline a call to action except under extreme circumstances that require mandatory mobilization. Prescribes benefits and reemployment protection for members serving in full-time active duty status.


SECTION 1. GRANT OF FEDERAL CHARTER TO AMERICAN MILITARY RETIREES ASSOCIATION. (a) Grant of Charter.--Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1403 the following new chapter: ``CHAPTER 1404--AMERICAN MILITARY RETIREES ASSOCIATION ``Sec. ``140401. Organization. ``140402. Purposes. ``140403. Membership. ``140404. Governing body. ``140405. Powers. ``140406. Restrictions. ``140407. Tax-exempt status required as condition of charter. ``140408. Records and inspection. ``140409. Service of process. ``140410. Liability for acts of officers and agents. ``140411. Annual report. ``140412. Definition. ``Sec. 140401. Organization ``(a) Federal Charter.--American Military Retirees Association (in this chapter, the `corporation'), a nonprofit organization that meets the requirements for a veterans service organization under section 501(c)(19) of the Internal Revenue Code of 1986 and is organized under the laws of the State of New York, is a federally chartered corporation. ``(b) Expiration of Charter.--If the corporation does not comply with the provisions of this chapter, the charter granted by subsection (a) shall expire. ``Sec. 140402. Purposes ``(a) General.--The purposes of the corporation are as provided in its bylaws and articles of incorporation and include-- ``(1) encouraging military retirees to band together to protect earned benefits by educating on benefits available; and ``(2) advocating for the protection of earned benefits through active monitoring of legislation in Congress and the policies and proposals of the Department of Defense and the Department of Veterans Affairs. ``Sec. 140403. Membership ``Eligibility for membership in the corporation, and the rights and privileges of members of the corporation, are as provided in the bylaws of the corporation. ``Sec. 140404. Governing body ``(a) Board of Directors.--The composition of the board of directors of the corporation, and the responsibilities of the board, are as provided in the articles of incorporation and bylaws of the corporation. ``(b) Officers.--The positions of officers of the corporation, and the election of the officers, are as provided in the articles of incorporation and bylaws. ``Sec. 140405. Powers ``The corporation has only those powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 140406. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Distribution of Income or Assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member of the corporation during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. ``(c) Loans.--The corporation may not make a loan to a director, officer, employee, or member of the corporation. ``(d) Claim of Governmental Approval or Authority.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. ``(e) Corporate Status.--The corporation shall maintain its status as a corporation incorporated under the laws of the Commonwealth of Virginia. ``Sec. 140407. Tax-exempt status required as condition of charter ``If the corporation fails to maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986, the charter granted under this chapter shall terminate. ``Sec. 140408. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of the members, board of directors, and committees of the corporation having any of the authority of the board of directors of the corporation; and ``(3) at the principal office of the corporation, a record of the names and addresses of the members of the corporation entitled to vote on matters relating to the corporation. ``(b) Inspection.--A member entitled to vote on any matter relating to the corporation, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose at any reasonable time. ``Sec. 140409. Service of process ``The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities. ``Sec. 140410. Liability for acts of officers and agents ``The corporation is liable for any act of any officer or agent of the corporation acting within the scope of the authority of the corporation. ``Sec. 140411. Annual report ``The corporation shall submit to Congress an annual report on the activities of the corporation during the preceding fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101(b) of this title. The report may not be printed as a public document. ``Sec. 140412. Definition ``In this chapter, the term `State' includes the District of Columbia and the territories and possessions of the United States.''. (b) Clerical Amendment.--The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1403 the following new item: ``1404. American Military Retirees Association..... 140401''.

Summary: Grants a federal charter to the American Military Retirees Association.


SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Independent Film and Television Production Incentive Act of 2003''. SEC. 2. TAX INCENTIVES FOR QUALIFIED UNITED STATES INDEPENDENT FILM AND TELEVISION PRODUCTION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45G. UNITED STATES INDEPENDENT FILM AND TELEVISION PRODUCTION WAGE CREDIT. ``(a) Amount of Credit.--For purposes of section 38, the United States independent film and television production wage credit determined under this section with respect to any eligible taxpayer for any taxable year is an amount equal to 25 percent of the qualified wages paid or incurred per qualified United States independent film and television production during such taxable year. ``(b) Only First $25,000 of Wages per Production Taken Into Account.--With respect to each qualified United States independent film and television production, the amount of qualified wages paid or incurred to each qualified employee or personal service corporation which may be taken into account per such production shall not exceed $25,000. ``(c) Eligible Taxpayer.--For purposes of this section, the term `eligible taxpayer' means any taxpayer substantially all of the total gross income of which for the taxable year is derived from the active conduct of qualified United States independent film and television productions. ``(d) Qualified Wages.--For purposes of this section-- ``(1) In general.--The term `qualified wages' means-- ``(A) any wages paid or incurred by an employer for services performed in the United States by an employee while such employee is a qualified employee, ``(B) the employee fringe benefit expenses of the employer allocable to such services performed by such employee, ``(C) any payments made to personal service corporations as defined in section 269A(b)(1) for services performed in the United States, and ``(D) remuneration, other than wages, for services personally rendered in the United States. ``(2) Qualified employee.-- ``(A) In general.--The term `qualified employee' means, with respect to any period, any individual who renders personal services if substantially all of such services are performed during such period in an activity related to any qualified United States independent film and television production. ``(B) Certain individuals not eligible.--Such term shall not include-- ``(i) any individual described in subparagraph (A), (B), or (C) of section 51(i)(1), and ``(ii) any 5-percent owner (as defined in section 416(i)(1)(B)). ``(3) Coordination with other wage credits.--No credit shall be allowed under any other provision of this chapter for wages paid to any employee during any taxable year if the employer is allowed a credit under this section for any of such wages. ``(4) Wages.--The term `wages' has the same meaning as when used in section 51. ``(5) Employee fringe benefit expenses.--The term `employee fringe benefit expenses' means the amount allowable as a deduction under this chapter to the employer for any taxable year with respect to-- ``(A) employer contributions under stock bonus, pension, profit-sharing, or annuity plan, ``(B) employer-provided coverage under any accident or health plan for employees, and ``(C) the cost of life or disability insurance provided to employees. Any amount treated as wages under paragraph (1)(A) shall not be taken into account under this subparagraph. ``(e) Qualified United States Independent Film and Television Production.--For purposes of this section-- ``(1) In general.--The term `qualified United States independent film and television production' means any production described in paragraph (2) if-- ``(A) 75 percent of the total wages of the production are qualified wages, ``(B) the production is created primarily for use as public entertainment or for educational purposes, and ``(C) the total cost of the production which is taken into account for purposes of depreciation under section 167(g) is more than $200,000 but less than $7,500,000. ``(2) Production.-- ``(A) In general.--A production is described in this paragraph if such production is-- ``(i) any motion picture (whether released theatrically, for television or cable programming, or directly to video cassette or disc or any other format), ``(ii) any television or cable-- ``(I) mini series, ``(II) season of an episodic television series, ``(III) movie of the week, or ``(IV) single program not described in any preceding subclause, or ``(iii) any pilot production for any of the productions described in clause (i) or (ii). ``(B) Exception.--A production is not described in this paragraph if records are required under section 2257 of title 18, United States Code, to be maintained with respect to any performer in such production (reporting of books, films, etc. with sexually explicit conduct). ``(3) Public entertainment.--The term `public entertainment' includes a motion picture film, video tape, or television program intended for initial broadcast via the public broadcast spectrum or delivered via cable distribution, or productions that are submitted to a national organization in existence on July 27, 2001, that rates films for violent or adult content. Such term does not include any film or tape the market for which is primarily topical, is otherwise essentially transitory in nature, or is produced for private noncommercial use. ``(f) Controlled Groups.--For purposes of this section-- ``(1) all employers treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single employer for purposes of this subpart, and ``(2) the credit (if any) determined under this section with respect to each such employer shall be its proportionate share of the wages giving rise to such credit. ``(g) Application of Certain Other Rules.--For purposes of this section, rules similar to the rules of section 51(k) and subsections (c) and (d) of section 52 shall apply. ``(h) Election To Have Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Manner of making election.--An election under paragraph (1) (or revocation thereof) shall be made in such manner as the Secretary may by regulations prescribe.''. (b) Credit Treated as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the United States independent film and television production wage credit determined under section 45G(a).''. (c) No Carrybacks.--Subsection (d) of section 39 of the Internal Revenue Code of 1986 (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(11) No carryback of section 45g credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the United States independent film and television production wage credit determined under section 45G may be carried back to a taxable year ending before January 1, 2004.''. (d) Denial of Double Benefit.--Subsection (a) of section 280C of the Internal Revenue Code of 1986 (relating to certain expenses for which credits are available) is amended by inserting ``45G(a),'' after ``45A(a),''. (e) Conforming Amendments.-- (1) Section 6501(m) of the Internal Revenue Code of 1986 is amended by inserting ``45G(h),'' after ``45C(d)(4),''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45G. United States independent film and television production wage credit.''. (f) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years ending after December 31, 2003.

Summary: United States Independent Film and Television Production Incentive Act of 2003 - Amends the Internal Revenue Code to establish an annual tax credit for 25 percent of up to the first $25,000 of qualified wages paid or incurred per qualified U.S. independent film and television production.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Border Security Assistance Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The United States and Mexico have recently experienced a significant increase in violence along the international border between the 2 countries. (2) The international border between the United States and Mexico is being used as a gateway for drug cartels and criminal enterprises that are illegally trafficking guns, people, and drugs. (3) The partnership between the United States and Mexican governments is critical-- (A) to address recent border violence; and (B) to ensure the continued flow of legitimate cross-border commerce, traffic and trade. (4) The national security of the United States is paramount. (5) While it is the job of the Federal Government to protect national security by securing our Nation's borders, State, local, and tribal law enforcement entities also provide the first line of defense on the border and are critical first responders to national security or public safety threats. (b) Sense of Congress.--It is the sense of Congress that-- (1) providing financial assistance for law enforcement initiatives with our Mexican partners is important; and (2) in addition to such assistance, Congress must provide immediate resources and equipment to State and local law enforcement entities that are currently responding to border violence and criminal activities on a daily basis. SEC. 3. DEFINITIONS. In this Act: (1) Law enforcement entity.--The term ``law enforcement entity'' means an entity that-- (A) is a State, county, or city agency, a State or local police or sheriff department or association, or a subdivision thereof; (B) operates within 100 miles of the international border between the United States and Mexico; and (C) employs personnel on a full- or part-time basis to engage in the prevention, detection, or investigation of violations of the criminal laws of the United States. (2) Southern border region.--The term ``Southern Border Region'' refers to counties that are located-- (A) within 100 miles of the international border between the United States and Mexico; and (B) in the States of Arizona, California, New Mexico, and Texas. SEC. 4. BORDER SECURITY ASSISTANCE GRANTS. (a) Authority.-- (1) In general.--The Secretary of Homeland Security, in consultation with State and local law enforcement entities, is authorized to award border security assistance grants to law enforcement entities located in the Southern Border Region for the purposes described in subsection (b). (2) Priority.--In awarding grants under this section, the Secretary shall give priority to law enforcement agencies located in a county that is located within 25 miles of the international border between United States and Mexico. (b) Purposes.--To address drug trafficking, smuggling, and border violence, a grant awarded under subsection (a) shall be used-- (1) to obtain law enforcement equipment and tools, including secure 2-way communication devices, portable laptops and office computers, license plate readers, unmanned aerial vehicles, unmanned aircraft systems (UAS), manned aircraft, cameras with night viewing capabilities, and any other appropriate law enforcement equipment; (2) to hire additional personnel, including administrative support personnel, dispatchers, and jailers, and to provide overtime funding for such personnel; (3) to purchase law enforcement vehicles; (4) to provide for high performance aircrafts and helicopters for border surveillance and other critical mission applications and operational and maintenance costs associated with such craft; (5) to provide for critical power generation systems, infrastructure, and technological upgrades to support State and local data management systems and fusion centers; or (6) to provide for specialized training and for direct operating expenses associated with detecting and prosecuting drug trafficking, human smuggling, and other illegal activity or violence that occurs at or near the international border between the United States and Mexico. (c) Application.-- (1) Requirement.--A law enforcement entity seeking a grant under subsection (a), or a nonprofit organization or coalition acting as an agent for 1 or more such law enforcement entities, shall submit an application to the Secretary that includes the information described in paragraph (2) at such time and in such manner as the Secretary may require. (2) Content.--An application submitted under paragraph (1) shall include-- (A) a description of the activities to be carried out with a grant awarded under subsection (a); (B) if equipment will be purchased with the grant, a detailed description of the type and quantity of such equipment and of the personnel who will receive such equipment; (C) a description of the need of the law enforcement entity for the grant, including a description of the inability of the entity to carry out the proposed activities without the grant; and (D) an assurance that the entity will, to the extent practicable, seek, recruit, and hire members of racial and ethnic minority groups and women in the entity's law enforcement positions. (d) Review and Award.-- (1) Review.--Not later than 90 days after the date an application submitted under subsection (c) is received by the Secretary, the Secretary shall review and approve or reject the application. (2) Award of funds.--Subject to the availability of appropriations, not later than 45 days after the date an application is approved under paragraph (1), the Secretary shall provide the grant funds to the applicant. (3) Priority.--In distributing grant funds under this subsection, priority shall be given to high-intensity areas for drug trafficking, smuggling, and border violence. SEC. 5. ADDITIONAL DISTRICT JUDGES FOR BORDER STATES. (a) In General.--The President shall appoint, by and with the advice and consent of the Senate-- (1) 4 additional district judges for the district of Arizona; (2) 4 additional district judges for the central district of California; (3) 4 additional district judges for the eastern district of California; (4) 2 additional district judges for the northern district of California; (5) 1 additional district judge for the district of New Mexico; (6) 1 additional district judge for the eastern district of Texas; (7) 2 additional district judges for the southern district of Texas; and (8) 1 additional district judge for the western district of Texas. (b) Temporary Judgeships.--The President shall appoint, by and with the advice and consent of the Senate-- (1) 1 additional district judge for the district of Arizona; (2) 1 additional district judge for the central district of California; (3) 1 additional district judge for the northern district of California; and (4) 1 additional district judge for the district of New Mexico. (c) Vacancies.--For each of the judicial districts named in subsection (b), the first vacancy arising on the district court at least 10 years after a judge is first confirmed to fill the temporary district judgeship created in that district pursuant to subsection (b) shall not be filled. (d) Existing Judgeships.--The existing judgeships for the district of Arizona and the district of New Mexico authorized under section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107-273, 116 Stat. 1758), as of the effective date of this Act, shall be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code. (e) Conforming Amendments.--The table contained in section 133(a) of title 28, United States Code, is amended-- (1) in the item relating to the district of Arizona, by striking ``12'' and inserting ``17''; (2) in the item relating to the central district of California, by striking ``27'' and inserting ``31''; (3) in the item relating to the eastern district of California, by striking ``6'' and inserting ``10''; (4) in the item relating to the northern district of California, by striking ``14'' and inserting ``16''; (5) in the item relating to the district of New Mexico, by striking ``6'' and inserting ``8''; (6) in the item relating to the eastern district of Texas, by striking ``7'' and inserting ``8''; (7) in the item relating to the southern district of Texas, by striking ``19'' and inserting ``21''; and (8) in the item relating to the western district of Texas, by striking ``13'' and inserting ``14''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Grant Funding.--There is authorized to be appropriated $300,000,000 for the 2-year period ending on September 30, 2012, for grants issued under section 4. (b) Judicial Funding.--There are authorized to be appropriated to the Attorney General for each of the fiscal years 2011 through 2013 such sums as may be necessary to carry out section 5, including the hiring of necessary attorney and administrative support staff.

Summary: Southern Border Security Assistance Act - Expresses the sense of Congress that: (1) providing financial assistance for law enforcement initiatives with our Mexican partners is important; and (2) Congress must provide, in addition to such assistance, immediate resources and equipment to state and local law enforcement entities that are currently responding to border violence and criminal activities on a daily basis. Authorizes the Secretary of Homeland Security (DHS) to award border security assistance grants to law enforcement entities located in the Southern Border Region to address drug trafficking, smuggling, and border violence. Directs the President to appoint additional district judges for Arizona, California, New Mexico, and Texas.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosthetic and Custom Orthotic Parity Act of 2009''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) There are more than 1,800,000 people in the United States living with limb loss. (2) Every year, there are more than 130,000 people in the United States who undergo amputation. (3) In addition, United States military personnel serving in Iraq and Afghanistan and around the world have sustained traumatic injuries resulting in amputation. (4) The number of amputations in the United States is projected to increase in the years ahead due to rising incidence of diabetes and other chronic illness. (5) Those suffering from limb loss can and want to regain their lives as productive members of society. (6) Prosthetic devices enable amputees to continue working and living productive lives. (7) Insurance companies have begun to limit reimbursement of prosthetic equipment costs at unrealistic levels or not at all and often restrict coverage over a person's lifetime, which shifts costs onto the Medicare and Medicaid programs. (8) Eleven States have addressed this problem and have enacted prosthetic parity legislation. (9) Prosthetic parity legislation has been introduced and is being actively considered in 30 States. (10) The States in which prosthetic parity laws have been enacted have found there to be minimal or no increases in insurance premiums and have reduced Medicare and Medicaid costs. (11) Prosthetic parity legislation will not add to the size of government or to the costs associated with the Medicare or Medicaid programs. (12) If coverage for prosthetic devices and components are offered by a group health insurance policy, then providing such coverage of prosthetic devices on par with other medical and surgical benefits will not increase the incidence of amputations or the number of individuals for which a prosthetic device would be medically necessary and appropriate. (13) In States where prosthetic parity legislation has been enacted, amputees are able to return to a productive life, State funds have been saved, and the health insurance industry has continued to prosper. (14) Prosthetic services allow people to return more quickly to their preexisting work. (15) Spina bifida occurs in 7 out of every 10,000 live births in the United States. (16) For children with spina bifida, access to a custom orthotic device impacts both their short and long term mobility, their muscle strength, and overall quality of life. As they mature, the orthotic device allows them to maintain their maximum level of functionality. This has a profound impact on their ability to become and remain independent and productive members of the community. (17) Cerebral palsy is one of the most common congenital (existing before birth or at birth) disorders of childhood. About 10,000 babies per year in the United States will develop cerebral palsy. (18) The purpose of a custom orthotic device for people with cerebral palsy is to protect, such as stabilizing a fracture during healing; to prevent deformity, such as stretching braces worn while the person sleeps, to help prevent muscle contractures; and to improve function. This can help kids with cerebral palsy achieve maximum potential in growth and development. (19) If coverage for prosthetic and custom orthotic devices and related services is offered to individuals by a group health insurance policy, then providing such coverage of prosthetic and orthotic devices on par with other medical and surgical benefits will not increase the incidence of amputations or the number of individuals for which a prosthetic or custom orthotic device would be medically necessary and appropriate. (b) Purpose.--The purpose of this Act is to require that each group health plan that provides both coverage for prosthetic devices and components and medical and surgical benefits, provide such coverage under terms and conditions that are no less favorable than the terms and conditions under which such benefits are provided under such plan. SEC. 3. PROSTHETICS AND CUSTOM ORTHOTIC DEVICE PARITY UNDER ERISA. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by inserting after section 713 (29 U.S.C. 1185b) the following new section: ``SEC. 715. PROSTHETICS AND CUSTOM ORTHOTIC DEVICE PARITY. ``(a) In General.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides both medical and surgical benefits and benefits for prosthetic devices and components and orthotic devices (as defined under subsection (d)(1))-- ``(1) such benefits for prosthetic devices and components and custom orthotic devices and related services under the plan (or coverage) shall be provided under terms and conditions that are no less favorable than the terms and conditions applicable to substantially all medical and surgical benefits provided under the plan (or coverage); ``(2) such benefits for prosthetic devices and components and custom orthotic devices and related services under the plan (or coverage) may not be subject to separate financial requirements (as defined in subsection (d)(2)) that are applicable only with respect to such benefits, and any financial requirements applicable to such benefits may be no more restrictive than the financial requirements applicable to substantially all medical and surgical benefits provided under the plan (or coverage); and ``(3) any treatment limitations (as defined in subsection (d)(3)) applicable to such benefits for prosthetic devices and components and custom orthotic devices and related services under the plan (or coverage) may not be more restrictive than the treatment limitations applicable to substantially all medical and surgical benefits provided under the plan (or coverage). ``(b) In-Network and Out-of-Network Standards.-- ``(1) In general.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides both medical and surgical benefits and benefits for prosthetic devices and components and custom orthotic devices and related services, and that provides both in-network benefits for prosthetic devices and components and out-of-network benefits for prosthetic devices and components, the requirements of this section shall apply separately with respect to benefits provided under the plan (or coverage) on an in-network basis and benefits provided under the plan (or coverage) on an out-of-network basis. ``(2) Clarification.--Nothing in paragraph (1) shall be construed as requiring that a group health plan (or health insurance coverage offered in connection with such a plan) eliminate an out-of-network provider option from such plan (or coverage) pursuant to the terms of the plan (or coverage). ``(c) Additional Requirements.-- ``(1) Prior authorization.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that requires, as a condition of coverage or payment for prosthetic devices and custom orthotic devices and related services under the plan (or coverage), prior authorization, such prior authorization must be required in the same manner as prior authorization is required by the plan (or coverage) as a condition of coverage or payment for all similar benefits provided under the plan (or coverage). ``(2) Limitation on mandated benefits.--Required benefits for prosthetic devices and custom orthotic devices and related services under this section are limited to the most appropriate model that adequately meets the medical requirements of the patient, as determined by the treating physician of the patient. ``(3) Coverage for repair or replacement.--Benefits for prosthetic devices and custom orthotic devices and related services required under this section shall include coverage for repair or replacement of prosthetic devices and components, if the repair or replacement is determined appropriate by the treating physician of the patient involved. ``(4) Annual or lifetime dollar limitations.--A group health plan (or health insurance coverage offered in connection with such a plan) may not impose any annual or lifetime dollar limitation on benefits for prosthetic devices and custom orthotic devices and related services unless such limitation applies in the aggregate to all medical and surgical benefits provided under the plan (or coverage) and benefits for prosthetic devices and components. ``(d) Definitions.--For the purposes of this section: ``(1) Prosthetic devices and components.--The term `prosthetic devices and components' means such devices and components which may be used to replace, in whole or in part, an arm or leg, as well as the services required to do so, and includes external breast prostheses incident to mastectomy resulting from breast cancer. ``(2) Custom orthotic devices and related services.--The term `custom orthotic devices and related services' means the following: ``(A) Custom-fabricated orthotics and related services, which include custom-fabricated devices that are individually made for a specific patient, as well as all services and supplies medically necessary for the effective use of the orthotic device, including formulating its design, fabrication, material and component selection, measurements, fittings, and static and dynamic alignments, and instructing the patient in the use of the device. No other patient would be able to use this item. A custom fabricated item is a device which is fabricated based on clinically derived and rectified castings, tracings, measurements, and/or other images (such as x-rays) of the body part. The fabrication may involve using calculations, templates and components. This process requires the use of basic materials including, but not limited to plastic, metal, leather or cloth in the form of uncut or unshaped sheets, bars, or other basic forms and involves substantial work such as vacuum forming, cutting, bending, molding, sewing, drilling and finishing prior to fitting on the patient. Custom-fabricated devices may be furnished only by an appropriately credentialed (certified or licensed) practitioner or accredited supplier in orthotics and/or prosthetics. These devices and services are represented by the existing set of L- codes describing this care currently listed in Centers for Medicare and Medicaid Services Transmittal 656. ``(B) Custom-fitted high orthotics and related services, which include prefabricated devices that are manufactured with no specific patient in mind, but that are appropriately sized, adapted, modified, and configured (with the required tools and equipment) to a specific patient in accordance with a prescription, and which no other patient would be able to use, as well as all services and supplies medically necessary for the effective use of the orthotic device, including formulating its design, fabrication, material and component selection, measurements, fittings, and static and dynamic alignments, and instructing the patient in the use of the device. Custom-fitted high devices may be furnished only by an appropriately credentialed (certified or licensed) practitioner or accredited supplier in orthotics and/or prosthetics. These devices and services are represented by the existing set of L- codes describing this care currently listed in Centers for Medicare and Medicaid Services Transmittal 656. ``(3) Financial requirements.--The term `financial requirements' includes deductibles, coinsurance, co-payments, other cost sharing, and limitations on the total amount that may be paid by a participant or beneficiary with respect to benefits under the plan or health insurance coverage and also includes the application of annual and lifetime limits. ``(4) Treatment limitations.--The term `treatment limitations' includes limits on the frequency of treatment, number of visits, days of coverage, or other similar limits on the scope or duration of treatment.''. (b) Clerical Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 715. Prosthetics and custom orthotic device parity.''. (c) Effective Date.--The amendments made by this section shall apply with respect to group health plans (and health insurance coverage offered in connection with group health plans) for plan years beginning on or after the date of the enactment of this Act. SEC. 4. FEDERAL ADMINISTRATIVE RESPONSIBILITIES. (a) Assistance to Plan Participants and Beneficiaries.--The Secretary of Labor shall provide for assistance to participants and beneficiaries under such plans with any questions or problems regarding compliance with the requirements of this section. (b) Audits.--The Secretary of Labor shall provide for the conduct of random audits of group health plans (and health insurance coverage offered in connection with such plans) to ensure that such plans are in compliance with section 715 of the Employee Retirement Income Security Act of 1974, as added by section 3. (c) GAO Study.-- (1) Study.--The Comptroller General of the United States shall conduct a study that evaluates the effect of the implementation of the amendments made by this Act on the cost of health insurance coverage, on access to health insurance coverage (including the availability of in-network providers), on the quality of health care, on benefits and coverage for prosthetic devices and components, on any additional cost or savings to group health plans, on State prosthetic devices and components benefit mandate laws, on the business community and the Federal Government, and on other issues as determined appropriate by the Comptroller General. (2) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall prepare and submit to the appropriate committees of Congress a report containing the results of the study conducted under paragraph (1). (d) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall promulgate final regulations to carry out this Act and the amendments made by this Act.

Summary: Prosthetic and Custom Orthotic Parity Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan that provides medical and surgical benefits as well as benefits for prosthetic devices and components and orthotic devices to offer such prosthetic and orthotic coverage in the same manner as applicable to medical and surgical benefits. Prohibits separate financial requirements or more restrictive treatment limitations. Limits required benefits for prosthetic devices and custom orthotic devices and related services to the most appropriate model that adequately meets the medical requirements of the patient. Requires benefits to include repairs and replacements as determined appropriate by the treating physician. Prohibits any annual or lifetime dollar limitation on benefits for prosthetic devices and custom orthotic devices and related services unless such limitation applies in the aggregate to all benefits.


SECTION 1. SHORT TITLE. This Act may be cited as the ``High Performance Schools Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) American K-12 schools spend over $6 billion annually on energy costs, which is more than is spent on books and computers combined. (2) Educators teach and students learn best in an environment that is comfortable, healthy, naturally lit where possible, and in good repair, and studies have indicated that student achievement is greater and attendance higher when those conditions are met. (3) Over half of our Nation's K-12 schools are more than 40 years old and in need of renovation to reach such standard of efficiency and comfort, and 6,000 new schools will be required over the next 10 years to accommodate the growing number of students. (4) Inadequate ventilation in school buildings, poor lighting and acoustical quality, and uncomfortable temperatures can diminish students' capacity to concentrate and excel. (5) Inefficient use of water, either in consumption or from poorly maintained systems, is prevalent in older schools. (6) Using a whole building approach in the design of new schools and the renovation of existing schools--considering how materials, systems, and products connect and overlap and also how a school is integrated on its site and within the surrounding community--will result in high performance school buildings. (7) Adoption of whole building concepts has been shown to result in dramatic improvements in student and teacher performance. (8) Adopting a whole building approach usually results in a lower life cycle cost for the school building than for a conventionally designed and built building. (9) Systematic use of energy conservation in school construction and renovation projects can save at least one quarter of current energy costs, leaving more money for teachers and educational materials. (10) The use of renewable energy sources such as daylighting, passive solar heating, photovoltaics, wind, geothermal, hydropower, and biomass power in a building already designed to be low-energy can help meet the building's energy needs without added emissions. (11) Using environmentally preferable products and providing for adequate supplies of fresh air will improve indoor air quality and provide healthful school buildings. (12) Most school districts do not have the knowledge of cutting-edge design and technologies to implement optimum efficiency into new school construction or into school renovations. (b) Purpose.--It is the purpose of this Act to assist school districts in the production, through construction or renovation, of high performance elementary and secondary school buildings that are healthful, productive, energy efficient, and environmentally sound. SEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION. (a) Establishment.--There is established in the Department of Energy the High Performance Schools Program (in this Act referred to as the ``Program''). (b) In General.--The Secretary of Energy may, through the Program, make grants-- (1) to be provided to school districts to implement the purpose of this Act for new and existing school buildings; (2) to State energy offices to administer the program of assistance to school districts pursuant to this Act; and (3) to State energy offices to promote participation by school districts in the program established by this Act. (c) Grants To Assist School Districts.--Grants under subsection (b)(1) for new school buildings shall be used to achieve energy efficiency performance that reduces energy use at least 30 percent below that of a school constructed in compliance with standards prescribed in Chapter 8 of the 2000 International Energy Conservation Code, or a similar State code intended to achieve substantially equivalent results. Grants under subsection (b)(1) for existing school buildings shall be used to achieve energy efficiency performance that reduces energy use below the school's baseline consumption, assuming a 3-year, weather-normalized average for calculating such baseline. Grants under subsection (b)(1) shall be made to school districts that have-- (1) demonstrated a need for such grants in order to respond appropriately to increasing elementary and secondary school enrollments or to make major investments in renovation of school facilities; and (2) made a commitment to use the grant funds to develop high performance school buildings in accordance with the plan developed and approved pursuant to subsection (e)(1). (d) Other Grants.-- (1) Grants for administration.--Grants under subsection (b)(2) shall be used to evaluate compliance by school districts with requirements of this Act and in addition may be used for-- (A) distributing information and materials to clearly define and promote the development of high performance school buildings for both new and existing facilities; (B) organizing and conducting programs for school board members, school district personnel, architects, engineers, and others to advance the concepts of high performance school buildings; (C) obtaining technical services and assistance in planning and designing high performance school buildings; and (D) collecting and monitoring data and information pertaining to the high performance school building projects. (2) Grants to promote participation.--Grants under subsection (b)(3) may be used for promotional and marketing activities, including facilitating private and public financing, promoting the use of energy service companies, working with school administrations, students, and communities, and coordinating public benefit programs. (e) Implementation.-- (1) Plans.--Grants under subsection (b)(1) shall be provided only to school districts that, in consultation with State offices of energy and education, have developed plans that the State energy office determines to be feasible and appropriate in order to achieve the purposes for which such grants are made. (2) Supplementing grant funds.--The State energy office shall encourage qualifying school districts to supplement their grant funds with funds from other sources in the implementation of their plans. SEC. 4. ALLOCATION OF FUNDS. (a) In General.--Except as provided in subsection (c), funds appropriated to carry out this Act shall be provided to State energy offices. (b) Purposes.--Except as provided in subsection (c), funds appropriated to carry out this Act shall be allocated as follows: (1) Seventy percent shall be used to make grants under section 3(b)(1). (2) Fifteen percent shall be used to make grants under section 3(b)(2). (3) Fifteen percent shall be used to make grants under section 3(b)(3). (c) Other Funds.--The Secretary of Energy may retain not to exceed $300,000 per year from amounts appropriated under section 5 to assist State energy offices in coordinating and implementing the Program. Such funds may be used to develop reference materials to further define the principles and criteria to achieve high performance school buildings. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Energy to carry out this Act $200,000,000 for each of fiscal years 2002 through 2005, and such sums as may be necessary for each of fiscal years 2006 through 2011. SEC. 6. REPORT TO CONGRESS. The Secretary of Energy shall conduct a biennial review of State actions implementing this Act, and the Secretary shall report to Congress on the results of such reviews. In conducting such reviews, the Secretary shall assess the effectiveness of the calculation procedures used by the States in establishing eligibility of schools for funding under this Act, and may assess other aspects of the program to determine whether they have been effectively implemented. SEC. 7. DEFINITIONS. For purposes of this Act: (1) Elementary and secondary school.--The terms ``elementary school'' and ``secondary school'' shall have the same meaning given such terms in paragraphs (14) and (26) of section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(14), (26)). (2) High performance school building.--The term ``high performance school building'' means a school building which, in its design, construction, operation, and maintenance, maximizes use of renewable energy and energy efficient practices, is cost-effective on a life cycle basis, uses affordable, environmentally preferable, durable materials, enhances indoor environmental quality, protects and conserves water, and optimizes site potential. (3) Renewable energy.--The term ``renewable energy'' means energy produced by solar, wind, geothermal, hydroelectric, or biomass power.

Summary: High Performance Schools Act of 2001 - Establishes the High Performance Schools Program, in the Department of Energy, to assist school districts in the production of high performance elementary and secondary school buildings that are healthful, productive, energy efficient, and environmentally sound. Authorizes the Secretary of Energy to make program grants to State energy offices for: (1) program participation promotion and administration; and (2) subgrants to qualified school districts to implement such school building construction and renovation.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Care Agreements Rule Enhancement Act'' or the ``Veteran CARE Act''. SEC. 2. PURPOSE. The purpose of this Act is-- (1) to maintain the access of veterans to high-quality hospital care, medical services, and extended care if that care is not available directly from the Department of Veterans Affairs; (2) to continue to allow the use by the Department of agreements covered by the Federal Acquisition Regulation and agreements that are not covered by such regulation, similar to those agreements used under the original Medicare fee-for- service program (Medicare Parts A and B), if it is not practicable to contract for the care needed by veterans through an agreement covered by such regulation; (3) to address the fact that individual health care providers, especially smaller providers in rural areas, may not be willing to accept veterans as patients when doing so would require the significant time and administrative requirements in connection with entering into agreements with the Department that are covered by such regulation; (4) to address the deficiencies in current law regarding agreements entered into by the Department that have raised legal issues; and (5) to ensure that agreements that are not covered by such regulation include robust terms and conditions that address the quality of health care for veterans, oversight of the provision of such health care, and protections for taxpayers. SEC. 3. AUTHORIZATION OF AGREEMENTS BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS AND NON-DEPARTMENT HEALTH CARE PROVIDERS. (a) In General.--Subchapter I of chapter 17 of title 38, United States Code, is amended by adding after section 1703 the following new section: ``Sec. 1703A. Veterans Care Agreements with certain health care providers ``(a) Agreements To Furnish Care.--(1) If the Secretary is not feasibly able to furnish hospital care, medical services, or extended care under this chapter at facilities of the Department or under contracts or sharing agreements entered into under authorities other than this section, the Secretary may furnish such care and services by entering into agreements under this section with eligible providers that are certified under subsection (c). An agreement entered into under this section may be referred to as a `Veterans Care Agreement'. ``(2) The Secretary is not feasibly able to furnish care or services as described in paragraph (1) if the Secretary determines that the medical condition of the veteran, the travel involved, the nature of the care or services required, or a combination of those factors make the use of facilities of the Department, contracts, or sharing agreements impracticable or inadvisable. ``(3) Eligibility of a veteran under this section for the care or services described in paragraph (1) shall be determined as if such care or services were furnished in a facility of the Department and provisions of this title applicable to veterans receiving such care or services in a facility of the Department shall apply to veterans receiving such care or services under this section. ``(b) Eligible Providers.--For purposes of this section, an eligible provider is one of the following: ``(1) A provider of services that has enrolled and entered into a provider agreement under section 1866(a) of the Social Security Act (42 U.S.C. 1395cc(a)). ``(2) A physician or supplier that has enrolled and entered into a participation agreement under section 1842(h) of such Act (42 U.S.C. 1395u(h)). ``(3) A provider of items and services receiving payment under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or a waiver of such a plan. ``(4) A provider that is-- ``(A) an Aging and Disability Resource Center, an area agency on aging, or a State agency (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)); or ``(B) a center for independent living (as defined in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a)). ``(5) Such other health care providers as the Secretary considers appropriate for purposes of this section. ``(c) Certification of Eligible Providers.--(1) The Secretary shall establish a process for the certification of eligible providers under this section that shall, at a minimum, set forth the following: ``(A) Procedures for the submittal of applications for certification and deadlines for actions taken by the Secretary with respect to such applications. ``(B) Standards and procedures for approval and denial of certification, duration of certification, revocation of certification, and recertification. ``(C) Procedures for assessing eligible providers based on the risk of fraud, waste, and abuse of such providers similar to the level of screening under section 1866(j)(2)(B) of the Social Security Act (42 U.S.C. 1395cc(j)(2)(B)) and the standards set forth under section 9.104 of title 48, Code of Federal Regulations, or any successor regulation. ``(2) The Secretary shall deny or revoke certification to an eligible provider under this subsection if the Secretary determines that the eligible provider is currently-- ``(A) excluded from participation in a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f))) under section 1128 or 1128A of the Social Security Act (42 U.S.C. 1320a-7 and 1320a-7a); or ``(B) identified as an excluded source on the list maintained in the System for Award Management, or any successor system. ``(d) Terms of Agreements.--Each agreement entered into with an eligible provider under this section shall include provisions requiring the eligible provider to do the following: ``(1) To accept payment for care and services furnished under this section at rates established by the Secretary for purposes of this section, which shall be, to the extent practicable, the rates paid by the United States for such care and services to providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). ``(2) To accept payment under paragraph (1) as payment in full for care and services furnished under this section and to not seek any payment for such care and services from the recipient of such care and services. ``(3) To furnish under this section only the care and services authorized by the Department under this section unless the eligible provider receives prior written consent from the Department to furnish care or services outside the scope of such authorization. ``(4) To bill the Department for care and services furnished under this section in accordance with a methodology established by the Secretary for purposes of this section. ``(5) Not to seek to recover or collect from a health-plan contract or third party, as those terms are defined in section 1729 of this title, for any care or services for which payment is made by the Department under this section. ``(6) To provide medical records for veterans furnished care or services under this section to the Department in a timeframe and format specified by the Secretary for purposes of this section. ``(7) To meet such other terms and conditions, including quality of care assurance standards, as the Secretary may specify for purposes of this section. ``(e) Termination of Agreements.--(1) An eligible provider may terminate an agreement with the Secretary under this section at such time and upon such notice to the Secretary as the Secretary may specify for purposes of this section. ``(2) The Secretary may terminate an agreement with an eligible provider under this section at such time and upon such notice to the eligible provider as the Secretary may specify for purposes of this section, if the Secretary-- ``(A) determines that the eligible provider failed to comply substantially with the provisions of the agreement or with the provisions of this section and the regulations prescribed thereunder; ``(B) determines that the eligible provider is-- ``(i) excluded from participation in a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f))) under section 1128 or 1128A of the Social Security Act (42 U.S.C. 1320a-7 and 1320a-7a); or ``(ii) identified as an excluded source on the list maintained in the System for Award Management, or any successor system; ``(C) ascertains that the eligible provider has been convicted of a felony or other serious offense under Federal or State law and determines that the continued participation of the eligible provider would be detrimental to the best interests of veterans or the Department; or ``(D) determines that it is reasonable to terminate the agreement based on the health care needs of a veteran or veterans. ``(f) Periodic Review of Certain Agreements.--(1) Not less frequently than once every two years, the Secretary shall review each Veterans Care Agreement of material size entered into during the two- year period preceding the review to determine whether it is feasible and advisable to furnish the hospital care, medical services, or extended care furnished under such agreement at facilities of the Department or through contracts or sharing agreements entered into under authorities other than this section. ``(2)(A) Subject to subparagraph (B), a Veterans Care Agreement is of material size as determined by the Secretary for purposes of this section. ``(B) A Veterans Care Agreement entered into after September 30, 2016, for the purchase of extended care services is of material size if the purchase of such services under the agreement exceeds $1,000,000 annually. The Secretary may adjust such amount to account for changes in the cost of health care based upon recognized health care market surveys and other available data and shall publish any such adjustments in the Federal Register. ``(g) Exclusion of Certain Federal Contracting Provisions.--(1) An agreement under this section may be entered into without regard to any law that would require the Secretary to use competitive procedures in selecting the party with which to enter into the agreement. ``(2)(A) Except as provided in subparagraph (B) and unless otherwise provided in this section or regulations prescribed pursuant to this section, an eligible provider that enters into an agreement under this section is not subject to, in the carrying out of the agreement, any law that providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) are not subject to. ``(B) An eligible provider that enters into an agreement under this section is subject to-- ``(i) all laws regarding integrity, ethics, fraud, or that subject a person to civil or criminal penalties; and ``(ii) all laws that protect against employment discrimination or that otherwise ensure equal employment opportunities. ``(h) Monitoring of Quality of Care.--The Secretary shall establish a system or systems, consistent with survey and certification procedures used by the Centers for Medicare & Medicaid Services and State survey agencies to the extent practicable-- ``(1) to monitor the quality of care and services furnished to veterans under this section; and ``(2) to assess the quality of care and services furnished by an eligible provider for purposes of determining whether to renew an agreement under this section with the eligible provider. ``(i) Dispute Resolution.--(1) The Secretary shall establish administrative procedures for eligible providers with which the Secretary has entered an agreement under this section to present any dispute arising under or related to the agreement. ``(2) Before using any dispute resolution mechanism under chapter 71 of title 41 with respect to a dispute arising under an agreement under this section, an eligible provider must first exhaust the administrative procedures established by the Secretary under paragraph (1).''. (b) Regulations.--The Secretary of Veterans Affairs shall prescribe an interim final rule to carry out section 1703A of such title, as added by subsection (a), not later than one year after the date of the enactment of this Act. (c) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item related to section 1703 the following new item: ``1703A. Veterans Care Agreements with certain health care providers.''. SEC. 4. MODIFICATION OF AUTHORITY TO ENTER INTO AGREEMENTS WITH STATE HOMES TO PROVIDE NURSING HOME CARE. (a) Use of Agreements.-- (1) In general.--Paragraph (1) of section 1745(a) of title 38, United States Code, is amended, in the matter preceding subparagraph (A), by striking ``a contract (or agreement under section 1720(c)(1) of this title)'' and inserting ``an agreement''. (2) Payment.--Paragraph (2) of such section is amended by striking ``contract (or agreement)'' each place it appears and inserting ``agreement''. (b) Exclusion of Certain Federal Contracting Provisions.--Such section is amended by adding at the end the following new paragraph: ``(4)(A) An agreement under this section may be entered into without regard to any law that would require the Secretary to use competitive procedures in selecting the party with which to enter into the agreement. ``(B)(i) Except as provided in clause (ii) and unless otherwise provided in this section or regulations prescribed pursuant to this section, a State home that enters into an agreement under this section is not subject to, in the carrying out of the agreement, any law that providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) are not subject to. ``(ii) An eligible provider that enters into an agreement under this section is subject to-- ``(I) all laws regarding integrity, ethics, fraud, or that subject a person to civil or criminal penalties; and ``(II) all laws that protect against employment discrimination or that otherwise ensure equal employment opportunities.''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to agreements entered into under section 1745 of such title on and after the date on which the regulations prescribed by the Secretary of Veterans Affairs to implement such amendments take effect. (2) Publication.--The Secretary shall publish the date described in paragraph (1) in the Federal Register not later than 30 days before such date.

Summary: Veteran Care Agreements Rule Enhancement Act or Veteran CARE Act This bill authorizes the Department of Veterans Affairs (VA), if unable to furnish hospital care, medical services, or extended care at VA facilities or under other authorized contracts or sharing agreements, to enter into a Veterans Care Agreement with an eligible provider to furnish such care and services. The VA shall review agreements exceeding $1 million annually at least once every two years. The VA shall establish a process for the certification of eligible providers. An eligible provider is: a physician or provider of services that has entered into a provider agreement under the Social Security Act; a provider of items and services receiving payments under a state Medicaid plan; an aging and disability resource center, an area agency on aging, or a center for independent living; or any other health care provider the VA considers appropriate. The VA shall establish a system or systems to monitor the quality of care and services furnished to veterans, which shall be used in assessing whether to renew an agreement. An agreement may be made with a health care provider to provide veterans with nursing home care.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Women's High-Growth Business Bipartisan Task Force Act of 2012''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``Task Force'' means the National Women's High-Growth Business Bipartisan Task Force established under section 3; and (3) the term ``small business concern owned and controlled by women'' has the meaning given that term in section 3(n) of the Small Business Act (15 U.S.C. 632(n)). SEC. 3. NATIONAL WOMEN'S HIGH-GROWTH BUSINESS BIPARTISAN TASK FORCE. (a) Establishment.--There is established the National Women's High- Growth Business Bipartisan Task Force, which shall serve as an independent source of advice, research, and policy recommendations to-- (1) the Administrator; (2) the Assistant Administrator of the Office of Women's Business Ownership of the Administration; (3) Congress; (4) the President; and (5) other Federal departments and agencies. (b) Membership.-- (1) Number of members.--The Task Force shall be composed of 15 members, of which-- (A) 8 shall be individuals who own small business concerns owned and controlled by women, including not fewer than 2 individuals who own small business concerns owned and controlled by women in industries in which women are traditionally underrepresented; (B) 2 shall be individuals having expertise conducting research on women's business, women's entrepreneurship, new business development by women, and high-growth business development; and (C) 5 shall be individuals who represent women's business organizations, including women's business centers and women's business advocacy groups. (2) Appointment of members.-- (A) Owners of small business concerns owned and controlled by women.--Of the members of the Task Force described in paragraph (1)(A)-- (i) 2 shall be appointed by the Chairperson of the Committee on Small Business and Entrepreneurship of the Senate; (ii) 2 shall be appointed by the Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate; (iii) 2 shall be appointed by the Chairperson of the Committee on Small Business of the House of Representatives; and (iv) 2 shall be appointed by the Ranking Member of the Committee on Small Business of the House of Representatives. (B) Other members.--The members of the Task Force described in subparagraphs (B) and (C) of paragraph (1) shall be appointed by the Administrator. (C) Initial appointments.--The individuals described in subparagraphs (A) and (B) shall appoint the initial members of the Task Force not later than 90 days after the date of enactment of this Act. (D) Geographic considerations.--In making an appointment under this paragraph, the individuals described in subparagraphs (A) and (B) shall give consideration to the geographic areas of the United States in which the members of the Task Force live and work, particularly to ensure that rural areas are represented on the Task Force. (E) Political affiliation.--Not more than 8 members of the Task Force may be members of the same political party. (3) Chairperson.-- (A) Election of chairperson.--The members of the Task Force shall elect 1 member of the Task Force as Chairperson of the Task Force. (B) Vacancies.--Any vacancy in the position of Chairperson of the Task Force shall be filled by the Task Force at the first meeting of the Task Force after the date on which the vacancy occurs. (4) Term of service.-- (A) In general.--Except as provided in subparagraph (B), the term of service of each member of the Task Force shall be 3 years. (B) Terms of initial appointees.--Of the members of the Task Force first appointed after the date of enactment of this Act-- (i) 6 shall be appointed for a term of 4 years, including-- (I) 1 member appointed by the individuals described in each of clauses (i), (ii), (iii), and (iv) of paragraph (2)(A); and (II) 2 members appointed by the Administrator; and (ii) 5 shall be appointed for a term of 5 years, including-- (I) 1 member appointed by the individuals described in each of clauses (i), (ii), (iii), and (iv) of paragraph (2)(A); and (II) 1 member appointed by the Administrator. (5) Vacancies.--A vacancy on the Task Force shall be filled not later than 30 days after the date on which the vacancy occurs, in the manner in which the original appointment was made, and shall be subject to any conditions that applied to the original appointment. An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (6) Prohibition on federal employment.-- (A) In general.--Except as provided in subparagraph (B), no member of the Task Force may serve as an officer or employee of the United States. (B) Exception.--A member of the Task Force who accepts a position as an officer or employee of the United States after appointment to the Task Force may continue to serve on the Task Force for not more than 30 days after the date of such acceptance. (7) Compensation and expenses.-- (A) No compensation.--Each member of the Task Force shall serve without compensation. (B) Expenses.--The Administrator shall reimburse the members of the Task Force for travel and subsistence expenses in accordance with section 5703 of title 5, United States Code. (c) Duties.--The Task Force shall-- (1) review and monitor plans and programs developed in the public and private sectors that affect the ability of small business concerns owned and controlled by women to obtain capital and credit and to access markets, and provide advice on improving coordination between such plans and programs; (2) monitor and promote the plans, programs, and operations of the Federal departments and agencies that contribute to the formation and development of small business concerns owned and controlled by women, and make recommendations to Federal departments and agencies concerning the coordination of such plans, programs, and operations; (3) develop and promote initiatives, policies, programs, and plans designed to encourage the formation of startups and high-growth small business concerns owned and controlled by women; (4) advise the Administrator on the development and implementation of an annual comprehensive plan for joint efforts by the public and private sectors to facilitate the formation and development of startups and high-growth small business concerns owned and controlled by women; and (5) examine the link between women who own small business concerns and intellectual property, including-- (A) the number of patents, trademarks, and copyrights granted to women; and (B) the challenges faced by high-growth small business concerns owned and controlled by women in obtaining and enforcing intellectual property rights. (d) Powers.-- (1) Hearings.--The Task Force may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Task Force considers advisable to carry out its duties. (2) Task groups.--The Task Force may, from time to time, establish temporary task groups, as necessary to carry out the duties of the Task Force. (3) Information from federal agencies.--Upon request of the Chairperson of the Task Force, the head of any Federal department or agency shall furnish such information to the Task Force as the Task Force considers necessary to carry out its duties. (4) Use of mails.--The Task Force may use the United States mails in the same manner and under the same conditions as Federal departments and agencies. (5) Gifts.--The Task Force may accept, use, and dispose of gifts or donations of services or property. (e) Meetings.-- (1) In general.--The Task Force shall meet-- (A) not less than 3 times each year; (B) at the call of the Chairperson; and (C) upon the request of-- (i) the Administrator; (ii) the Chairperson and Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate; or (iii) the Chairperson and Ranking Member of the Committee on Small Business of the House of Representatives. (2) Participation of federal agencies.-- (A) Participation encouraged.--The Task Force shall allow and encourage participation in meetings by representatives from Federal agencies. (B) Functions of representatives of federal agencies.--A representative from a Federal agency-- (i) may be used as a resource; and (ii) may not vote or otherwise act as a member of the Task Force. (3) Location.--Each meeting of the full Task Force shall be held at the headquarters of the Administration, unless, not later than 1 month before the meeting, a majority of the members of the Task Force agree to meet at another location. (4) Support by administrator.--The Administrator shall provide suitable meeting facilities and such administrative support as may be necessary for each full meeting of the Task Force. (f) Reports.-- (1) Reports by task force.-- (A) Reports required.--Not later than 30 days after the end of each fiscal year, the Task Force shall submit to the President and to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report containing-- (i) a detailed description of the activities of the Task Force, including a report on how the Task Force has carried out the duties described in subsection (c); (ii) the findings and recommendations of the Task Force; and (iii) the recommendations of the Task Force for-- (I) promoting intellectual property rights for high-growth small business concerns owned and controlled by women; and (II) such legislative and administrative actions as the Task Force considers appropriate to promote the formation and development of small business concerns owned and controlled by women. (B) Form of reports.--The report required under subparagraph (A) shall include-- (i) any concurring or dissenting views of the Administrator; and (ii) the minutes of each meeting of the Task Force. (2) Reports by chief counsel for advocacy.-- (A) Studies.-- (i) In general.--Not less frequently than twice each year, the Chief Counsel for Advocacy of the Small Business Administration, in consultation with the Task Force, shall conduct a study of an issue that is important to small business concerns owned and controlled by women. (ii) Topics.--The topic of a study under clause (i) shall-- (I) be an issue that the Task Force determines is critical to furthering the interests of small business concerns owned and controlled by women; and (II) relate to-- (aa) Federal prime contracts and subcontracts awarded to small business concerns owned and controlled by women; (bb) access to credit and investment capital by women entrepreneurs; (cc) acquiring and enforcing intellectual property rights; or (dd) any other issue relating to small business concerns owned and controlled by women that the Task Force determines is appropriate. (iii) Contracting.--In conducting a study under this subparagraph, the Chief Counsel may contract with a public or private entity. (B) Report.--The Chief Counsel for Advocacy shall-- (i) submit a report containing the results of each study under subparagraph (A) to the Task Force, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives; and (ii) make each report submitted under clause (i) available to the public online. (g) Federal Advisory Committee Act.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. SEC. 4. REPEAL. (a) Final Reports.--Not later than 90 days after the date of enactment of this Act-- (1) the Interagency Committee on Women's Business Enterprise shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing the information described in paragraphs (1), (2), and (3) of section 404 of the Women's Business Ownership Act of 1988 (15 U.S.C. 7104), as in effect on the day before the date of enactment of this Act; and (2) the National Women's Business Council shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing the information described in subparagraphs (A), (B), and (C) of section 406(d)(6) of the Women's Business Ownership Act of 1988 (15 U.S.C. 7106), as in effect on the day before the date of enactment of this Act. (b) Repeal.--The Women's Business Ownership Act of 1988 (15 U.S.C. 631 note) is amended by striking title IV (15 U.S.C. 7101 et seq.). (c) Technical and Conforming Amendments.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) in section 8(b)(1)(G) (15 U.S.C. 637(b)(1)(G)), by striking ``and to carry out the activities authorized by title IV of the Women's Business Ownership Act of 1988''; and (2) in section 29(g) (15 U.S.C. 656(g))-- (A) in paragraph (1), by striking ``women's business enterprises (as defined in section 408 of the Women's Business Ownership Act of 1988 (15 U.S.C. 631 note))'' and inserting ``small business concerns owned and controlled by women''; and (B) in paragraph (2)(B)(ii)-- (i) in subclause (VI), by adding ``and'' at the end; (ii) in subclause (VII), by striking the semicolon at the end and inserting a period; and (iii) by striking subclauses (VIII), (IX), and (X). (d) Effective Date.--The amendments made by subsections (b) and (c) shall take effect 90 days after the date of enactment of this Act.

Summary: National Women's High-Growth Business Bipartisan Task Force Act of 2012 - Establishes the National Women's High-Growth Business Bipartisan Task Force to provide women-owned, start-up and high-growth business advice, research, and policy recommendations to the Administrator of the Small Business Administration (SBA), the Assistant Administrator of the SBA's Office of Women's Business Ownership, Congress, the President, and other federal departments and agencies. Directs the Task Force, among other things, to review, monitor, and advise on plans and programs developed in the public and private sectors that affect the ability of small businesses owned and controlled by women to obtain capital and credit and to access markets. Requires the Task Force to report annually to the President and the congressional small business committees on the activities of the Task Force. Directs the SBA's Chief Counsel to: (1) semiannually conduct a study of an issue of importance to small businesses owned and controlled by women, and (2) submit each study's results to the Task Force and the small business committees. Amends the Women's Business Ownership Act of 1988 to repeal provisions establishing the Interagency Committee on Women's Business Enterprise.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Centennial Challenge Fund Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress here by finds that-- (1) Our national parks are icons of America; (2) The one hundredth anniversary of the National Park System will be in 2016; (3) It is appropriate for all Americans to help in the efforts to enhance our parks as the country gets ready for this centennial celebration; (4) The President has proposed a National Park Centennial Initiative that, over ten years, will provide up to $3 billion to prepare parks for another century of conservation, preservation, and enjoyment; and (5) A part of that Initiative is the establishment of a Centennial Challenge to encourage individuals, foundations, and the private sector to donate money each year by providing up to $100 million in dedicated Federal funding to match donations for signature projects and programs. (b) Purpose.--It is the purpose of this Act to establish a fund in the Treasury that will be used to finance signature projects and programs to enhance the National Park System as it approaches its centennial in 2016 and to prepare the parks for another century of conservation, preservation, and enjoyment. SEC. 3. DEFINITIONS. For purposes of this Act, the term--- (1) ``Challenge Fund'' means the National Park Centennial Challenge Fund. (2) ``Director'' means the Director of the National Park Service. (3) ``Secretary'' means Secretary of the Interior. (4) ``Signature project or program'' means, for the purposes of this Act, any project or program identified by the Director as one that will help prepare the national parks for another century of conservation, preservation and enjoyment. (5) ``Qualified donation'' means a cash non-Federal donation to the National Park Service that the Director certifies is for a listed signature project or program. SEC. 4. NATIONAL PARK CENTENNIAL CHALLENGE FUND. (a) Establishment.--There is established in the Treasury a fund to be known as the National Park Centennial Challenge Fund. The Challenge Fund shall consist of: (1) Qualified donations transferred from the Donations to the National Park Service account, in accordance with section 6(a) of this Act: and (2) Amounts appropriated from the general fund of the Treasury, in accordance with section 6(b) of this Act. (b) Availability.--All amounts deposited in the Challenge Fund shall be available, subject to restrictions in section 6(c) of this Act, to the Secretary for signature projects and programs under this Act without further appropriation and without fiscal year limitation. No monies shall be available for indirect administrative costs. The expenditure of amounts in the Challenge Fund shall follow Federal procurement and financial laws and standards. SEC. 5. SIGNATURE PROJECTS AND PROGRAMS. (a) List.--The Secretary, acting through the Director, shall develop a list of signature projects and programs eligible for funding from the Challenge Fund. The list shall be submitted to the President and to the Committees on Appropriations and Energy and Natural Resources in the United States Senate, and to the Committees on Appropriations and Natural Resources in the House of Representatives. (b) Signature Projects and Programs.--For purposes of this Act, a signature project or program shall be a project or program identified by the Director as one that will help prepare the national parks for another century of conservation, preservation and enjoyment. (c) Updates.--The Secretary, acting through the Director, may, from time to time as the Secretary or Director finds necessary, add any project or program to the list developed pursuant to subsection (a) that the Director believes is a signature project or program. If the Director adds any project or program to the list, the Secretary shall notify the Committees referred to in subsection (a) at the time the project or program is added. SEC. 6. DONATIONS AND MATCHING FEDERAL FUNDS. (a) Qualified Donations.--Beginning on October 1, 2007, and ending on September 30, 2017, the Secretary may transfer to the Challenge Fund qualified donations of cash, including cash to liquidate a letter of credit, received by the National Park Service. (b) Matching Amount.--There is hereby appropriated in each fiscal year beginning on October 1, 2007 and ending on September 30, 2017, an amount equal to the qualified donations received and the pledge of donations through letters of credit in the same fiscal year, not to exceed $100 million in any one year. In no case may the matching amount exceed the amount of donations received or pledged in any year. For the purpose of this subsection, the Secretary may consider a donation for any fiscal year to be received when a pledge of a donation for that fiscal year is guaranteed and a valid irrevocable letter of credit is issued for such purposes. (c) The Secretary may not obligate any amounts based on a letter of credit, or amounts to match a letter of credit pursuant to subsection (b), until amounts from that letter of credit are deposited in the Challenge Fund. (d) Solicitation.--Nothing in this Act shall be construed as expanding any authority that exists on the date of its enactment with respect to the ability of the National Park Service and its employees to receive or solicit for donations. SEC. 7. REPORT TO CONGRESS. The Secretary shall provide with the submission of the President's budget a list of the signature projects and programs and the status of their funding. SEC. 8. REGULATIONS. The Secretary may promulgate such regulations as may be necessary to carry out this Act.

Summary: National Park Centennial Challenge Fund Act - Establishes in the Treasury the National Park Centennial Challenge Fund (the Challenge Fund) which shall consist of qualified donations transferred from the Donations to the National Park Service account and amounts appropriated from the general fund of the Treasury, in accordance with this Act. Makes available all amounts deposited in the Challenge Fund to the Secretary of the Interior for signature projects and programs under this Act (projects and programs identified by the Director of the National Park Service (NPS) as those that will help prepare the national parks for another century of conservation, preservation, and enjoyment). Requires the Secretary, acting through the Director, to develop a list of signature projects and programs eligible for funding from the Challenge Fund. Requires that such list be submitted to the President and specified congressional committees.