SECTION 1. PARKING PRIVILEGES FOR CERTAIN INDIVIDUALS WITH DISABILITIES. (a) In General.--Chapter 1 of title 23, United State Code, is amended by adding at the end the following new section: ``Sec. 161. Parking privileges for certain individuals with disabilities ``(a) In General.-- ``(1) Privileges granted to qualified motor vehicles.-- Subject to subsection (b), each State, and each political subdivision of a State, shall extend the same parking privileges to qualified motor vehicles from other States as it grants to qualified motor vehicles designated under the laws of such State or political subdivision. ``(2) Qualified motor vehicle.--A qualified motor vehicle, referred to in paragraph (1), is a motor vehicle designated under the laws of any State, or any political subdivision of a State, for transporting an individual with a disability that limits or impairs the ability of the individual to walk. ``(b) Withholding of Funds for Noncompliance.-- ``(1) First year.--The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) on the 1st day of the 1st fiscal year succeeding fiscal year 1995 in which the State, or any political subdivision of the State, is not in compliance with subsection (a)(1). ``(2) Subsequent years.--If the Secretary withholds funds from any State under paragraph (1) for any fiscal year and the State, or any political subdivision of the State, is not in compliance with subsection (a)(1) in any subsequent fiscal year, then the Secretary shall withhold 10 percent of the amount required to be apportioned to the State under each of sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) on the 1st day of such subsequent fiscal year. ``(c) Period of Availability; Effect of Compliance and Noncompliance.-- ``(1) Period of availability of withheld funds.-- ``(A) Funds withheld on or before september 30, 1997.--Any funds withheld under this section from apportionment to any State on or before September 30, 1997, shall remain available for apportionment to the State as follows: ``(i) Funds apportioned under section 104(b)(5)(a).--If the funds would have been apportioned under section 104(b)(5)(A) but for this section, the funds shall remain available until the end of the fiscal year for which the funds are authorized to be appropriated. ``(ii) Funds apportioned under section 104(b)(5)(b).--If the funds would have been apportioned under section 104(b)(5)(B) but for this section, the funds shall remain available until the end of the 2d fiscal year following the fiscal year for which the funds are authorized to be appropriated. ``(iii) Funds apportioned under section 104(b)(1), 104(b)(2), or 104(b)(6).--If the funds would have been apportioned under section 104(b)(1), 104(b)(2), or 104(b)(6) but for this section, the funds shall remain available until the end of the 3d fiscal year following the fiscal year for which the funds are authorized to be appropriated. ``(B) Funds withheld after september 30, 1997.--No funds withheld under this section from apportionment to any State after September 30, 1997, shall be available for apportionment to the State. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld from apportionment under this section are to remain available for apportionment to a State under paragraph (1)(A), the State and all political subdivisions of the State are in compliance with subsection (a)(1), then the Secretary shall, on the day following the last day of the period, apportion to the State the withheld funds remaining available for apportionment to the State. ``(3) Period of availability of subsequently apportioned funds.-- ``(A) Availability of funds.--Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure as follows: ``(i) Funds apportioned under section 104(b)(5)(a).--Funds apportioned under section 104(b)(5)(A) shall remain available until the end of the fiscal year succeeding the fiscal year in which the funds are apportioned. ``(ii) Funds apportioned under section 104(b)(1), 104(b)(2), 104(b)(5)(b), or 104(b)(6).--Funds apportioned under section 104(b)(1), 104(b)(2), 104(b)(5)(B), or 104(b)(6) shall remain available until the end of the 3d fiscal year succeeding the fiscal year in which the funds are apportioned. ``(B) Lapse of funds.--Funds not obligated at the end of the period shall lapse or, in the case of funds apportioned under section 104(b)(5), shall lapse and be made available by the Secretary for projects in accordance with section 118(b). ``(4) Effect of noncompliance.--If, at the end of the period for which funds withheld from apportionment under this section are available for apportionment to a State under paragraph (1), the State or any political subdivision of the State is not in compliance with subsection (a)(1), then the funds shall lapse or, in the case of funds withheld from apportionment under section 104(b)(5), the funds shall lapse and be made available by the Secretary for projects in accordance with section 118(b). ``(d) Definitions.--For the purposes of this section: ``(1) Motor vehicle.--The term `motor vehicle' has the meaning given such term in section 154. ``(2) State.--The term `State' means any entity that receives apportionments under section 104.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following new item: ``161. Parking privileges for certain individuals with disabilities.''.

Summary: Requires each State to extend the parking privileges it grants to motor vehicles designated for transporting an individual with a disability that limits or impairs such individual's ability to walk to such vehicles from other States. Directs the Secretary of Transportation to withhold specified funds for noncompliance. Makes withheld funds available for other projects, subject to specified requirements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Sound Science for Endangered Species Act Planning Act of 2002''. SEC. 2. SOUND SCIENCE. (a) Best Scientific and Commercial Data Available as Basis of Determinations.--Section 4(b)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(1)(A)) is amended in the first sentence, by inserting ``, including any finding under paragraph (3)(B) on a petition referred to in paragraph (3)(A),'' after ``determinations required by subsection (a)(1)''. (b) Preference for Empirical, Field-Tested, and Peer-Reviewed Data.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9) In making any determination under this section, the Secretary shall give greater weight to any scientific or commercial study or other information that is empirical or has been field-tested or peer- reviewed.''. (c) Contents of Listing Petitions.-- (1) In general.--Section 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended by adding at the end the following: ``(E) A petition referred to in subparagraph (A) regarding a species-- ``(i) shall, to the maximum extent practicable, contain clear and convincing evidence-- ``(I) of the current known and historic ranges of the species concerned; ``(II) of the most recent population estimates and trends for the species, if available; ``(III) that any change in the population that is alleged in the petition is beyond the natural range of fluctuations for the species; and ``(IV) of the reason that the petitioned action is warranted, including known or perceived threats to the species; ``(ii) shall include a bibliography of scientific literature on the species in support of the petition; and ``(iii) may contain any other information the petitioner considers appropriate. ``(F) For purposes of subparagraph (E), evidence is clear and convincing evidence if-- ``(i) a preponderance of the evidence is based on reliable scientific and commercial information; and ``(ii) the evidence is sufficient to support a firm belief by the Secretary that the petitioned action may be warranted.''. (2) Requirement for consideration of petition.--Section 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is further amended-- (A) in subparagraph (A) in the first sentence, by inserting ``and contains the information required under clauses (i) and (ii) of subparagraph (E)'' after ``may be warranted''; and (B) in subparagraph (B) in the matter preceding clause (i), by inserting ``and contains the information required under clauses (i) and (ii) of subparagraph (E)'' after ``may be warranted''. (d) Use of Sound Science in Listing.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is further amended by adding at the end the following: ``(10) Not later than 1 year after the date of enactment of this paragraph, the Secretary shall promulgate regulations that establish criteria that must be met for scientific and commercial data, studies, and other information to be used as the basis of a determination under this section. ``(11)(A) The Secretary may not determine that a species is an endangered species or a threatened species unless data collected in the field on the species concerned supports the determination. ``(B) The Secretary shall-- ``(i) accept and acknowledge receipt of data regarding the status of a species that is collected by an owner of land, including data obtained by observation of the species on the land; and ``(ii) include the data in the rulemaking record compiled for any determination that the species is an endangered species or a threatened species.''. (e) Use of Sound Science in Recovery Planning.--Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding at the end the following: ``(6)(A) The Secretary shall identify and publish in the Federal Register with the notice of a proposed regulation pursuant to paragraph (5)(A)(i) a description of additional scientific and commercial data that, if collected, would assist in the preparation of a recovery plan and-- ``(i) invite any person to submit the data to the Secretary; and ``(ii) describe the steps that the Secretary plans to take for acquiring additional data. ``(B) Data identified and obtained under subparagraph (A)(i) shall be considered by the recovery team and the Secretary in the preparation of the recovery plan.''. SEC. 3. INDEPENDENT SCIENTIFIC REVIEW. (a) In General.--Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended by adding at the end the following: ``(j) Independent Scientific Review Requirements.--(1) In this subsection: ``(A) The term `covered action' means-- ``(i) the determination that a species is an endangered species or a threatened species under subsection (a); ``(ii) the determination under subsection (a) that an endangered species or a threatened species be removed from any list published under subsection (c)(1); ``(iii) the development of a recovery plan for a threatened species or endangered species under subsection (f); ``(iv) the determination that a proposed action is likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat and the proposal of any reasonable and prudent alternatives by the Secretary under section 7(b)(3), if the Secretary finds that-- ``(I) there is significant disagreement regarding that determination or proposal; or ``(II) that determination or proposal may have significant economic impact; and ``(v) the determination that a proposed action is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat, if the Secretary finds that there is significant disagreement regarding that determination or proposal. ``(B) The term `qualified individual' means an individual who meets the standards of the National Academy of Sciences for independent scientific review conducted by the Academy, except that such term does not include any individual with a conflict of interest as determined by the Secretary or by a Governor who nominates the individual under paragraph (3)(B). ``(2) The Secretary shall-- ``(A) maintain a list of qualified individuals who are available to participate on independent review boards under this subsection; ``(B) seek nominations of individuals to participate on such boards (upon appointment by the Secretary), through the Federal Register, scientific and commercial journals, and the National Academy of Sciences and other such institutions; and ``(C) update such list every two years. ``(3)(A) Before any covered action becomes final, the Secretary shall appoint an independent review board in accordance with this section that shall review and report to the Secretary in writing on the scientific information and analyses on which the covered action is based. ``(B) Each independent review board under this paragraph shall be composed of 5 members, of which-- ``(i) 3 shall be appointed by the Secretary from the list under paragraph (2); and ``(ii) 2 shall be appointed by the Secretary from among qualified individuals nominated by the Governor of a State in which the species concerned is located. ``(C) If any individual declines appointment to an independent review board under this paragraph, the Secretary shall appoint another individual in the same manner. ``(D) The selection of the members, and the activities, of independent review boards under this paragraph are not subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(E) If funds are available, the Secretary shall provide compensation to an individual for service as a member of an independent review board under this paragraph, at a rate not to exceed the daily equivalent of the maximum annual rate of basic pay for grade GS-14 of the General Schedule for each day (including travel time) during which the individual is engaged in the actual performance of duties as a member of such board. ``(F) The Secretary may not delegate the authority to make appointments under this paragraph to any official who is below the level of the Director of the United States Fish and Wildlife Service or the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration. ``(4)(A) Each independent review board under this subsection shall provide to the Secretary, within 90 days after the completion of appointment of the board, the opinion of the board regarding all relevant scientific information and assumptions relating to the taxonomy, population models, and supportive biological and ecological information for the species in question. ``(B) The Secretary shall-- ``(i) develop a protocol for the conduct of scientific independent review under this subsection, that-- ``(I) includes review of the adequacy of any scientific methodology used to support an action and the validity of any conclusions drawn from data used to support an action; and ``(II) is modeled after applicable National Academy of Sciences policies and guidelines for report reviews; and ``(ii) provide to each independent review board established under this subsection clear guidelines as to the conduct of its review consistent with that protocol. ``(5) If an independent review board under this subsection makes a recommendation regarding a covered action, the Secretary shall, within 90 days after receiving the recommendation, evaluate and consider the information that results from the review by the board, and shall include in the rulemaking record for the covered action-- ``(A) a summary of the results of the review by the board; and ``(B) in a case in which the recommendation of a majority of the members of the board is not followed, an explanation of why the recommendation was not followed. ``(6) The report of each independent review board under this subsection shall be included in the rulemaking record of any regulation with respect to which the board is convened, and shall be available for public review for at least 30 days before the close of the period for comment on the regulation.''. (b) Biological Assessments.--Section 7(c) of the Endangered Species Act of 1973 (16 U.S.C. 1536(c)) is amended by adding at the end the following: ``(3) In preparing a biological assessment under this subsection, the head of an agency shall solicit and review any scientific and commercial data that a prospective permit or license applicant believes is relevant to the assessment, and shall make that data available to the Secretary.''. (c) Extension of Periods.--Section 4(b)(6) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(6)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i) by striking ``one-year'' and inserting ``18-month''; and (B) in clause (i)(III) by striking ``one-year'' and inserting ``18-month''; and (C) in clause (ii)(II) by striking ``one-year'' and inserting ``18-month''; (2) in subparagraph (B)-- (A) in clause (i) by striking ``one-year'' and inserting ``18-month''; (B) in clause (ii) by striking ``one-year'' and inserting ``18-month''; and (C) in clause (iii) by striking ``one-year'' and inserting ``18-month''; and (3) in subparagraph (C)(ii) by striking ``one-year'' and inserting ``18-month''. SEC. 4. IMPROVED INTERAGENCY COOPERATION. (a) Use of Information Provided by States.--Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by adding at the end the following: ``(C) In conducting a consultation under subsection (a)(2), the Secretary shall actively solicit and consider information from the State agency in each affected State.''. (b) Opportunity To Participate in Consultations.--Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as amended by subsection (a)) is further amended by adding at the end the following: ``(D)(i) In conducting a consultation with a Federal agency under subsection (a)(2), the Secretary and the head of the agency shall provide any person who has sought authorization or funding from a Federal agency for an action that is the subject of the consultation, the opportunity to-- ``(I) before the development of a draft biological opinion, submit and discuss with the Secretary and the Federal agency information relevant to the effect of the proposed action on the species and reasonable and prudent alternatives that the Federal agency and the person can take to avoid violation of subsection (a)(2), including any such alternatives proposed by the person; ``(II) receive information, on request, subject to the exemptions specified in section 552(b) of title 5, United States Code, on the status of the species, threats to the species, and conservation measures, used by the Secretary to develop the draft biological opinion and the final biological opinion, including any associated incidental taking statements; and ``(III) receive a copy of the draft biological opinion from the Federal agency and, before issuance of the final biological opinion, submit comments on the draft biological opinion and discuss with the Secretary and the Federal agency the basis for any finding in the draft biological opinion. ``(ii) If alternatives are proposed by a person under clause (i) and the Secretary does not include the alternatives in the final biological opinion, the Secretary shall provide to the person reasonable justification, based on the best scientific and commercial data available, why those alternatives were not included in the opinion. ``(iii) Comments and other information submitted to, or received from, any person (pursuant to clause (i)) who seeks authorization or funding for an action shall be maintained in a file for that action by the Secretary and shall be made available to the public (subject to the exemptions specified in section 552(b) of title 5, United States Code).''.

Summary: Sound Science for Endangered Species Act Planning Act of 2002 - Amends the Endangered Species Act of 1973 to require the use of the best scientific and commercial data available as a basis of determinations on a petition to add or remove a species from the endangered species list. Directs the Secretary of the Interior to give greater weight to any scientific or commercial study or other information that is empirical or has been field-tested or peer-reviewed.Requires that a petition regarding a species contain clear and convincing evidence of the current and historic ranges of the species concerned, of the most recent population estimates and trends for the species, that any alleged change in the population is beyond the natural range of fluctuations, and of the reason that the petitioned action is warranted.Directs the Secretary to: (1) promulgate regulations that establish criteria that must be met for scientific and commercial information to be used as the basis of a determination to support listing a species; and (2) identify and publish in the Federal Register with notice of a proposed regulation a description of additional scientific and commercial data that would assist in the preparation of a recovery plan. Prohibits the Secretary from determining that a species is endangered or threatened unless field data collected supports the determination.Defines "covered action" to include: (1) additions to or removals from the lists of endangered or threatened species; (2) a recovery plan; and (3) a determination that a proposed action is or is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat.Requires the Secretary to: (1) appoint an independent review board to review and report on the scientific information and analyses on which a covered action is based before such covered action becomes final; and (2) provide specified participation opportunities to any person who has sought authorization or funding from a Federal agency for an action that is subject to consultation regarding its effects on endangered or threatened species or habitats.Extends the Secretary's review period for covered actions from one year to 18 months.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Humanitarian Assistance to Combat HIV/AIDS in sub-Saharan Africa and the Caribbean and National Security Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The National Security Strategy of the United States, dated September 17, 2002, states: ``[I]n Africa, promise and opportunity sit side-by-side with disease, war and desperate poverty. This threatens both a core value of the United States preserving human dignity and our strategic priority combating global terror. American interests and American principles, therefore, lead in the same direction: we will work with others for an African continent that lives in liberty, peace, and growing prosperity.''. (2) On March 19, 2002, the Director of Central Intelligence testified before Congress that ``[T]he chronic problems of sub- Saharan Africa make it, too, fertile ground for direct and indirect threats to United States interests. Governments without accountability and natural disasters have left Africa with the highest concentration of human misery in the world.''. (3) Sub-Saharan Africa has been far more severely affected by HIV/AIDS than any other part of the world. In fact, AIDS has surpassed malaria as the leading cause of death in sub-Saharan Africa, and it kills many times more people than Africa's armed conflicts. (4) Africa, where an estimated 3,500,000 people were newly infected with HIV in 2002, has approximately 10 percent of the world's population but more than 70 percent of the worldwide total of people infected with HIV. (5) In November 2002, the Joint United Nations Programme on HIV/AIDS (UNAIDS) reported that in 2002, 29,400,000 people were living with HIV/AIDS in sub-Saharan Africa, an increase from 28,500,000 people in 2001. (6) At the end of 2001, an estimated 21,500,000 Africans had lost their lives to AIDS, including an estimated 2,200,000 individuals who died in that year. UNAIDS estimates that by 2020, an additional 55,000,000 Africans will lose their lives to the epidemic. (7) The HIV/AIDS epidemic in Africa is having a much greater impact on children than is the case in other parts of the world. (8) According to UNAIDS, more than 600,000 African infants become infected with HIV each year through mother-to-child transmission, either at birth or through breast-feeding. These children have short life expectancies, and the number currently alive may be about 1,000,000 children. (9) In 2001, an estimated 11,000,000 children who became orphans by AIDS were living in Africa. (10) Because of the stigma attached to AIDS, children who become orphans by AIDS are at high risk for being malnourished, abused, and denied an education. (11) According to UNAIDS, women make up an estimated 58 percent of the HIV-positive adult population in sub-Saharan Africa, as compared to 50 percent of the HIV-positive adult population worldwide. (12) Young women are particularly at risk. In 2001, an estimated 6 to 11 percent of African women aged 15 to 24 were HIV-positive, compared to 3 to 6 percent of young men. (13)(A) The HIV-infection rate among adults is approximately 8.8 percent in Africa, compared with 1.2 percent worldwide. The HIV/AIDS epidemic in sub-Saharan Africa is a major component of this African crisis. (B) In 7 sub-Saharan African countries, 20 percent or more of the adult population is infected with HIV, and the rate has reached 38.8 percent in Botswana. (C) Moreover, in Cameroon, a West African country, the adult HIV-infection rate has increased from 4.7 percent in 1996 to 11.8 percent in 2001. (D) In Nigeria, with a population that exceeds 125,000,000, an estimated 5.8 percent of adults were HIV-positive in 2001, and infection rates in some areas of Nigeria have reached levels seen in neighboring Cameroon. (14) Nongovernmental organizations working in Africa, donor governments, and African governments have responded to the HIV/ AIDS epidemic primarily by attempting to reduce the number of new HIV infections, and to some degree, by trying to ameliorate the damage done by AIDS to families, societies, and economies. (15)(A) A 1999 United Nations study found that community- based organizations, sometimes with the support of nongovernmental organizations, have emerged to supply additional labor, home care for the sick, house repair, and other services to AIDS-afflicted families. (B) Programs and projects aimed at combating the epidemic typically provide information on how HIV is spread, and on how it can be avoided, through the media, posters, lectures, and skits. AIDS awareness programs can be found in many African schools and increasingly in the workplace, where employers are recognizing their interest in reducing the HIV-infection rate among their employees. (16) Public-private partnerships have also become an important vehicle for responding to the HIV/AIDS pandemic in Africa. (17)(A) The United States Agency for International Development estimates that in fiscal year 2000, all donors and lending agencies, together with African governments, spent approximately $500,000,000 in combating HIV/AIDS, but donors have committed to increasing this amount. (B) On July 23, 2000, leaders at the G-8 world economic summit in Okinawa, Japan, pledged to reduce the number of young people infected with the HIV virus by 25 percent. (18) The World Health Organization estimates that a pledge by the G-8 countries to combat malaria and tuberculosis, and reduce the HIV virus in Africa by 25 percent, would cost at least $5,000,000,000 per year for 5 years. The World Bank launched its Multi-Country HIV/AIDS Program (MAP) for Africa in September 2000, and a World Bank official said in October 2002 that to date, $1,000,000,000 had been committed. (19) On December 9, 2001, Peter Piot, Executive Director of UNAIDS, told an international AIDS conference in Burkina Faso that assistance to fight HIV/AIDS in sub-Saharan Africa should be increased ``many-fold'', and that the region requires $5,000,000,000 per year to confront the HIV/AIDS pandemic. (20) While the AIDS epidemic in Caribbean countries does not compare to the severity of the epidemic in Africa, there are an estimated 420,000 people living with AIDS in Caribbean countries. Moreover, the HIV/AIDS adult prevalence rate in several countries in the Caribbean is among the highest outside of sub-Saharan Africa. (21) Caribbean countries with the highest prevalence of HIV infection rates are Haiti and the Bahamas, with adult HIV infection rates at more than 4 percent. Overall, an estimated 1 out of 50 people in Caribbean countries is infected with HIV. Haiti and the Dominican Republic, with a combined 340,000 adults and children living with HIV/AIDS, account for approximately 87 percent of the infected population of Caribbean countries. As noted by the United States Agency for International Development, Haiti's poverty, civil conflict, and unstable governance have contributed to the rapid spread of AIDS. In some urban areas of Haiti, HIV infection rates are at more than 10 percent of the population. (22) In Caribbean countries, access to treatment and care is non-existent for many infected with HIV. Nevertheless, many projects demonstrate that even in severely impoverished countries with little health infrastructure, there can be sustained treatment for people with HIV/AIDS. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) effectively addressing the HIV/AIDS problem in countries in sub-Saharan Africa and the Caribbean is a moral issue of the greatest magnitude and is in the national security interest of the United States; and (2) the President should enter into direct talks with the governments of other member countries of the G-8 and member countries of the European Union to increase the amount of financial support to combat the HIV/AIDS pandemic in sub- Saharan Africa and the Caribbean. SEC. 4. GRANTS TO COMBAT HIV/AIDS IN SUB-SAHARAN AFRICA AND CARIBBEAN COUNTRIES. The Administrator of the United States Agency for International Development is authorized to award grants to nongovernmental organizations for the prevention, treatment, and control of HIV/AIDS in countries in sub-Saharan Africa and Caribbean countries, including by expanding activities to prevent the mother-to-child transmission of HIV by providing treatment, medical care, and support services to HIV- infected parents and their children. In carrying out the preceding sentence, it is the sense of Congress that the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, should provide appropriate medical and technical expertise to the Administrator and recipient governments. SEC. 5. APPOINTMENT OF HEALTH OFFICERS TO UNITED STATES EMBASSIES IN SUB-SAHARAN AFRICA AND THE CARIBBEAN. The Secretary of State, in conjunction with the Secretary of Health and Human Services, is authorized to appoint to the country team in each United States embassy in sub-Saharan Africa and the Caribbean a health officer to advise the United States Ambassador and assist in coordination of the effort to combat HIV/AIDS with local governments. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $500,000,000 for each of the fiscal years 2004 through 2008. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended. SEC. 7. DEFINITIONS. In this Act: (1) AIDS.--The term ``AIDS'' means acquired immune deficiency syndrome. (2) Caribbean countries.--The term ``Caribbean countries'' means the countries described in section 212(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b)). (3) HIV.--The term ``HIV'' means the human immunodeficiency virus, the pathogen that causes AIDS. (4) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to an individual, an individual who is infected with HIV or living with AIDS. (5) Countries in sub-saharan africa.--The term ``countries in sub-Saharan Africa'' has the meaning given such term in section 107 of the African Growth and Opportunity Act (19 U.S.C. 3706).

Summary: Humanitarian Assistance to Combat HIV/AIDS in sub-Saharan Africa and the Caribbean and National Security Act of 2003 - Declares the sense of Congress that: (1) effectively addressing the HIV/AIDS problem in countries in sub-Saharan Africa and the Caribbean is a moral issue of the greatest magnitude and is in the national security interest of the United States; and (2) the President should enter into direct talks with the governments of other member countries of the G-8 and member countries of the European Union to increase the amount of financial support to combat the HIV/AIDS pandemic in sub-Saharan Africa and the Caribbean. Authorizes the Administrator of the United States Agency for International Development (USAID) to award grants to nongovernmental organizations (NGOs) for the prevention, treatment, and control of HIV/AIDS in countries in sub-Saharan Africa and Caribbean countries, including treatment, medical care, and support services to HIV-infected parents and their children. Expresses the sense of Congress that the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention, should provide appropriate medical and technical expertise to the Administrator and recipient governments. Authorizes the Secretary of State, in conjunction with the Secretary of HHS, to appoint to the country team in each U.S. embassy in sub-Saharan Africa and the Caribbean a health officer to advise the U.S. Ambassador and assist in coordination of the effort to combat HIV/AIDS with local governments.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Prescription Drug Cost Containment Act of 2004''. SEC. 2. INCLUSION IN ANNUAL REPORT OF MEDICARE TRUSTEES OF INFORMATION ON STATUS OF MEDICARE PRESCRIPTION DRUG ACCOUNT. (a) Determinations of Excess General Revenue Medicare Prescription Drug Funding.-- (1) In general.--On the same date on which the President submits a budget to Congress, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), shall submit to Congress a determination as to whether there is projected to be excess general revenue medicare prescription drug funding (as defined in subsection (b)) for the fiscal year for which the budget is submitted. (2) Medicare part d funding warning.--For purposes of section 1105(i) of title 31, United States Code, and this Act, an affirmative determination under paragraph (1) by the Secretary shall be treated as a medicare part D funding warning in the fiscal year beginning on October 1 of the year in which the determination is submitted to Congress. (b) Definitions.--For purposes of this section: (1) Excess general revenue medicare prescription drug funding.--The term ``excess general revenue medicare prescription drug funding'' means, with respect to a fiscal year during the period beginning on the date of enactment of this Act and ending on September 30, 2013, that-- (A) the amounts deposited in the Medicare Prescription Drug Account under section 1860D-16(c)(2) (42 U.S.C. 1395w-116(c)(2)), as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173); exceed (B) the part D target amount (as defined in paragraph (2)). (2) Part d target amount.--The term ``part D target amount'' means for a year-- (A) for fiscal year 2005, $800,000,000; (B) for fiscal year 2006, $25,700,000,000; (C) for fiscal year 2007, $39,000,000,000; (D) for fiscal year 2008, $44,600,000,000; (E) for fiscal year 2009, $48,700,000,000; (F) for fiscal year 2010, $53,700,000,000; (G) for fiscal year 2011, $58,600,000,000; (H) for fiscal year 2012, $65,300,000,000; and (I) for fiscal year 2013, $73,100,000,000. (c) Technical Amendment.--Section 1860D-16(c)(3) of the Social Security Act (42 U.S.C. 1395w-116(c)(3)), as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended by striking ``under paragraph (1) or subsection (a)(2)'' and inserting ``under paragraph (1), (2), or (4), gifts and bequests as may be made as provided in section 201(i)(1), or accrued interest on balances in the Account''. SEC. 3. PRESIDENTIAL SUBMISSION OF LEGISLATION. (a) In General.--Section 1105 of title 31, United States Code, as amended by section 802(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended by adding at the end the following new subsection: ``(i)(1) If there is a medicare part D funding warning under section 2(a)(2) of the Medicare Prescription Drug Cost Containment Act of 2004 made in a year, the President shall submit to Congress, within the 15-day period beginning on the date of the budget submission to Congress under subsection (a) for the succeeding year, proposed legislation to respond to such warning. ``(2) Paragraph (1) does not apply if, during the year in which the warning is made, legislation is enacted which eliminates excess general revenue medicare funding (as defined in section 2(b) of the Medicare Prescription Drug Cost Containment Act of 2004) for the period beginning with the fiscal year for which the determination is made and ending on September 30, 2013, as certified by the Board of Trustees of the Federal Supplementary Medicare Insurance Trust Fund not later than 30 days after the date of the enactment of such legislation.''. (b) Sense of Congress.--It is the sense of Congress that legislation submitted pursuant to section 1105(i) of title 31, United States Code, in a year should be designed to eliminate excess general revenue medicare funding (as defined in section 2(b)) for the period that begins with the fiscal year for which the determination is made and ends on September 30, 2013. SEC. 4. PROCEDURES IN THE HOUSE OF REPRESENTATIVES. (a) Introduction and Referral of President's Legislative Proposal.-- (1) Introduction.--In the case of a legislative proposal submitted by the President pursuant to section 1105(i) of title 31, United States Code, as added by section 3(a), within the 15-day period specified in paragraph (1) of such section, the majority leader of the House of Representatives (or his designee) and the minority leader of the House of Representatives (or his designee) shall introduce such proposal (by request), the title of which is as follows: ``A bill to respond to a medicare part D funding warning.'' Such bill shall be introduced within 3 legislative days after Congress receives such proposal. (2) Referral.--Any legislation introduced pursuant to paragraph (1) shall be referred to the appropriate committees of the House of Representatives. (b) Direction to the Appropriate House Committees.-- (1) In general.--In the House, in any year during which the President is required to submit proposed legislation to Congress under section 1105(i) of title 31, United States Code, the appropriate committees shall report medicare funding legislation by not later than June 30 of such year. (2) Medicare funding legislation.--For purposes of this section, the term ``medicare funding legislation'' means-- (A) legislation introduced pursuant to subsection (a)(1), but only if the legislative proposal upon which the legislation is based was submitted within the 15- day period referred to in such subsection; or (B) any bill the title of which is as follows: ``A bill to respond to a medicare part D funding warning.''. (3) Certification.--With respect to any medicare funding legislation or any amendment to such legislation to respond to a medicare part D funding warning, the chairman of the Committee on the Budget of the House shall certify-- (A) whether or not such legislation eliminates excess general revenue medicare funding (as defined in section 2(c)) for each fiscal year during the period beginning with the fiscal year for which the determination is made and ending on September 30, 2013; and (B) with respect to such an amendment, whether the legislation, as amended, would eliminate excess general revenue medicare funding (as defined in section 2(c)) for each fiscal year in such period. (c) Fallback Procedure for Floor Consideration If the House Fails To Vote on Final Passage by July 30.-- (1) After July 30 of any year during which the President is required to submit proposed legislation to Congress under section 1105(i) of title 31, United States Code, unless the House of Representatives has voted on final passage of any medicare funding legislation for which there is an affirmative certification under subsection (b)(3)(A), then, after the expiration of not less than 30 calendar days (and concurrently 5 legislative days), it is in order to move to discharge any committee to which medicare funding legislation which has such a certification and which has been referred to such committee for 30 calendar days from further consideration of the legislation. (2) A motion to discharge may be made only by an individual favoring the legislation, may be made only if supported by \1/ 5\ of the total membership of the House of Representatives (a quorum being present), and is highly privileged in the House of Representatives. Debate thereon shall be limited to not more than 1 hour, the time to be divided in the House of Representatives equally between those favoring and those opposing the motion. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (3) Only 1 motion to discharge a particular committee may be adopted under this subsection in any session of Congress. (4) Notwithstanding paragraph (1), it shall not be in order to move to discharge a committee from further consideration of medicare funding legislation pursuant to this subsection during a session of Congress if, during the previous session of the Congress, the House of Representatives passed medicare funding legislation for which there is an affirmative certification under subsection (b)(3)(A). (d) Floor Consideration in the House of Discharged Legislation.-- (1) In the House, not later than 3 legislative days after any committee has been discharged from further consideration of legislation under subsection (c), the Speaker shall resolve the House into the Committee of the Whole for consideration of the legislation. (2) The first reading of the legislation shall be dispensed with. All points of order against consideration of the legislation are waived. General debate shall be confined to the legislation and shall not exceed 5 hours, which shall be divided equally between those favoring and those opposing the legislation. After general debate the legislation shall be considered for amendment under the 5-minute rule. During consideration of the legislation, no amendments shall be in order in the House of Representatives or in the Committee of the Whole except those for which there has been an affirmative certification under subsection (b)(3)(B). All points of order against consideration of any such amendment in the Committee of the Whole are waived. The legislation, together with any amendments which shall be in order, shall be considered as read. During the consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of Rule XVIII of the Rules of the House of Representatives. Debate on any amendment shall not exceed 1 hour, which shall be divided equally between those favoring and those opposing the amendment, and no pro forma amendments shall be offered during the debate. The total time for debate on all amendments shall not exceed 10 hours. At the conclusion of consideration of the legislation for amendment, the Committee shall rise and report the legislation to the House of Representatives with such amendments as may have been adopted. The previous question shall be considered as ordered on the legislation and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. If the Committee of the Whole rises and reports that it has come to no resolution on the bill, then on the next legislative day the House of Representatives shall, immediately after the third daily order of business under clause 1 of Rule XIV of the Rules of the House of Representatives, resolve into the Committee of the Whole for further consideration of the bill. (3) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any such legislation shall be decided without debate. (4) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any such legislation and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions, amendments, and conference reports in similar circumstances. (e) Legislative Day Defined.--As used in this section, the term ``legislative day'' means a day on which the House of Representatives is in session. (f) Restriction on Waiver.--In the House of Representatives, the provisions of this section may be waived only by a rule or order proposing only to waive such provisions. (g) Rulemaking Power.--The provisions of this section are enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and, as such, shall be considered as part of the rules of that House of Representatives and shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of that House to change the rules (so far as they relate to the procedures of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 5. PROCEDURES IN THE SENATE. (a) Introduction and Referral of President's Legislative Proposal.-- (1) Introduction.--In the case of a legislative proposal submitted by the President pursuant to section 1105(i) of title 31, United States Code, within the 15-day period specified in paragraph (1) of such section, the majority leader and minority leader of the Senate (or their designees) shall introduce such proposal (by request), the title of which is as follows: ``A bill to respond to a medicare part D funding warning.'' Such bill shall be introduced within 3 days of session after Congress receives such proposal. (2) Referral.--Any legislation introduced pursuant to paragraph (1) shall be referred to the Committee on Finance. (b) Medicare Funding Legislation.--For purposes of this section, the term ``medicare funding legislation'' means-- (1) legislation introduced pursuant to subsection (a)(1), but only if the legislative proposal upon which the legislation is based was submitted within the 15-day period referred to in such subsection; or (2) any bill the title of which is as follows: ``A bill to respond to a medicare part D funding warning.''. (c) Qualification for Special Procedures.-- (1) In general.--The special procedures set forth in subsections (d) and (e) shall apply to medicare funding legislation, as described in subsection (b), only if the legislation-- (A) is medicare funding legislation that is passed by the House of Representatives; or (B) contains matter within the jurisdiction of the Committee on Finance in the Senate. (2) Failure to qualify for special procedures.--If the medicare funding legislation does not satisfy paragraph (1), then the legislation shall be considered under the ordinary procedures of the Standing Rules of the Senate. (d) Discharge.-- (1) In general.--If the Committee on Finance of the Senate has not reported medicare funding legislation described in subsection (c)(1) by June 30 of a year in which the President is required to submit medicare funding legislation to Congress under section 1105(i) of title 31, United States Code, then any Senator may move to discharge the Committee of any single medicare funding legislation measure. Only 1 such motion shall be in order in any session of Congress. (2) Debate limits.--Debate in the Senate on any such motion to discharge, and all appeals in connection therewith, shall be limited to not more than 2 hours. The time shall be equally divided between, and controlled by, the maker of the motion and the majority leader, or their designees, except that in the event the majority leader is in favor of such motion, the time in opposition thereto shall be controlled by the minority leader or the minority leader's designee. A point of order under this subsection may be made at any time. It is not in order to move to proceed to another measure or matter while such motion (or the motion to reconsider such motion) is pending. (3) Amendments.--No amendment to the motion to discharge shall be in order. (4) Exception if certified legislation enacted.-- Notwithstanding paragraph (1), it shall not be in order to discharge the Committee from further consideration of medicare funding legislation pursuant to this subsection during a session of a Congress if the chairman of the Committee on the Budget of the Senate certifies that medicare funding legislation has been enacted that eliminates excess general revenue medicare funding (as defined in section 2(c)) for each fiscal year in the period beginning with the fiscal year for which the determination is made and ending on September 30, 2013. (e) Consideration.--After the date on which the Committee on Finance of the Senate has reported medicare funding legislation described in subsection (c)(1), or has been discharged (under subsection (d)) from further consideration of, such legislation, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of such legislation. (f) Rules of the Senate.--This section is enacted by the Senate-- (1) as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a bill described in this paragraph, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.

Summary: Medicare Prescription Drug Cost Containment Act of 2004 - Directs the Secretary of Health and Human Services, on the same date on which the President submits a budget to Congress, to determine to Congress whether excess general revenue Medicare prescription drug funding is projected for the fiscal year for which the budget is submitted. Treats an affirmative determination as a Medicare part D (Voluntary Prescription Drug Benefit Program) funding warning in the fiscal year beginning on October 1 of the year in which the determination is made. Amends Federal money and finance law, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to direct the President to submit to Congress proposed legislation to respond to such a warning within 15 days after the budget submission to Congress for the succeeding year. States that such requirement shall not apply if, during the year in which the warning is made, legislation is enacted which eliminates excess general revenue Medicare funding for the period beginning with the fiscal year for which the determination is made through September 30, 2013, as certified by the Board of Trustees of the Federal Supplementary Medical Insurance Trust Fund. Expresses the sense of Congress that legislation submitted by the President in response to a warning should be designed to eliminate excess general revenue Medicare funding for the period that begins with the fiscal year for which the determination is made through September 30, 2013. Sets out the special procedures for House and Senate consideration of the President's legislative proposal in response to such warning.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Permanent Families for All Children Act''. SEC. 2. 3-YEAR LIMIT ON FEDERAL REIMBURSEMENT OF FOSTER CARE MAINTENANCE PAYMENTS FOR CHILD NOT IN A LEGAL GUARDIANSHIP OR KINSHIP GUARDIANSHIP ARRANGEMENT. Section 474 of the Social Security Act (42 U.S.C. 674) is amended by adding at the end the following: ``(h) Limitation on Number of Months for Which Foster Care Maintenance Payments Made on Behalf of a Child Not in a Legal Guardianship or Kinship Guardianship Arrangement May Be Reimbursed.-- Notwithstanding any other provision of this part, a foster care maintenance payment made on behalf of a child shall not be taken into account for purposes of this section after such a payment has been made on behalf of the child for 36 months (whether or not consecutive) ending after the effective date of this subsection, unless the child is in a legal guardianship or kinship guardianship arrangement.''. SEC. 3. 1-YEAR LIMIT ON FEDERAL REIMBURSEMENT OF FOSTER CARE MAINTENANCE PAYMENTS FOR CHILD IN CHILD-CARE INSTITUTION. Section 474 of the Social Security Act (42 U.S.C. 674), as amended by section 2 of this Act, is amended by adding at the end the following: ``(i) Limitation on Number of Months for Which Foster Care Maintenance Payments Made to Child-Care Institutions on Behalf of a Child May Be Reimbursed.--Notwithstanding any other provision of this part, a foster care maintenance payment made to a child-care institution on behalf of a child residing in the institution shall not be taken into account for purposes of this section after such a payment has been made to 1 or more such institutions on behalf of the child for 12 months (whether or not consecutive) ending after the effective date of this subsection.''. SEC. 4. ELIMINATION OF AFDC ELIGIBILITY REQUIREMENT FOR FOSTER CARE MAINTENANCE PAYMENTS. (a) Elimination of Income Eligibility Requirement.-- (1) In general.--Section 472(a) of the Social Security Act (42 U.S.C. 672(a)) is amended-- (A) in paragraph (1), by striking ``if'' and all that follows and inserting ``if the removal and foster care placement met, and the placement continues to meet, the requirements of paragraph (2).''; and (B) by striking paragraphs (3) and (4). (2) Conforming amendments.-- (A) Section 470 of such Act (42 U.S.C. 670) is amended by striking ``who otherwise would have been eligible for assistance under the States plan approved under part A (as such plan was in effect on June 1, 1995)''. (B) Section 479B(c)(1)(C)(ii) of such Act (42 U.S.C. 679c(c)(1)(C)(ii)) is amended-- (i) by striking ``the following shall apply:'' and all that follows through ``Only'' and inserting ``only''; and (ii) by striking subclause (II). (b) Replacement of Federal Matching Rate Applicable to Foster Care Maintenance Payments and Related Costs.-- (1) In general.--Section 474(a)(1) of such Act (42 U.S.C. 674(a)(1)) is amended to read as follows: ``(1) an amount equal to the foster care partnership rate applicable to the State for the quarter, as determined under subsection (k), of the total amount expended during the quarter as foster care maintenance payments under section 472 for children in foster family homes or child-care institutions (or, with respect to such payments made during the quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage (as defined in section 1905(b)) that would apply under section 479B(d) (in this paragraph referred to as the `tribal FMAP') if the Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); plus''. (2) Foster care partnership rate.--Section 474 of such Act (42 U.S.C. 674), as amended by sections 2 and 3 of this Act, is amended by adding at the end the following: ``(k) The Secretary, in consultation with a State, shall determine the foster care partnership rate applicable to the State for a quarter so that the total of the amounts payable to the State under subsection (a)(1) for the fiscal year in which the quarter occurs equals the total of the amounts required to be paid to the State under subsection (a)(1) (as in effect just before the 1st quarter for which this subsection is in effect with respect to the State) for the 4 quarters preceding such 1st quarter.''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins after the date of the enactment of this Act. (2) State option to delay effective date.--A State may elect to delay the effectiveness of the amendments made by this section with respect to the State for not more than 3 years. SEC. 5. ELIGIBILITY OF CHILD IN RESIDENTIAL TREATMENT PROGRAM FOR HALF OF REGULAR FOSTER CARE MAINTENANCE PAYMENTS. Section 472(b) of the Social Security Act (42 U.S.C. 672(b)) is amended by inserting ``, except that, while the child is in a residential treatment program, the payments may continue to be made on behalf of the child at 50 percent of the level at which the payments that would otherwise be made'' before the period. SEC. 6. EFFECTIVE DATE. (a) In General.--Except as otherwise provided in this Act, the amendments made by this Act shall take effect on the 1st day of the 12th month beginning on or after the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for calendar quarters ending on or after such date. (b) Delay Permitted if State Legislation Required.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter ending after the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. SEC. 7. INCREASED FUNDING FOR CASEWORKER TRAINING ON CHILD-FOCUSED RECRUITMENT AND RETENTION. The Secretary of Health and Human Services shall increase the proportion of the amounts expended by a State for caseworker training on child-focused recruitment and retention with respect to which the State is entitled to a payment under section 474(a)(3)(B) of the Social Security Act for each of fiscal years 2015 through 2019, so that the aggregate of the additional amounts required to be paid by reason of this section for the fiscal year involved equals the amount that the Director of the Office of Management and Budget determines is the net amount of reduced mandatory spending for the fiscal year as a result of the enactment of the preceding provisions of this Act. SEC. 8. UNUSED SAVINGS TO BE SPENT ON CHILD WELFARE PROGRAMS. The amount specified in section 425 of the Social Security Act for each of fiscal years 2015 through 2019 shall be increased by the savings from the preceding provisions of this Act for the then preceding fiscal year, as computed using the most recent baseline of the Congressional Budget Office. SEC. 9. PUBLIC SERVICE LOAN FORGIVENESS FOR SOCIAL WORKERS. Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended by adding at the end the following: ``(5) Loan cancellation for certain social workers.--In the case of a borrower who works in social work in a public child or family service agency, paragraph (1) shall be applied-- ``(A) by substituting `60' for `120' both places it appears; and ``(B) by striking `after October 1, 2007' and inserting `after the date of enactment of the Permanent Families for All Children Act'.''.

Summary: Permanent Families for All Children Act - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to: limit to 36 the number of months for which foster care maintenance payments made on behalf of a child not in a legal guardianship or kinship guardian arrangement may be reimbursed; limit to 12 the number of months for which foster care maintenance payments made to child-care institutions on behalf of a child residing in the institution may be reimbursed; eliminate the Aid to Families with Dependent Children (AFDC) income eligibility requirement for foster care maintenance payments; replace the federal medical assistance percentage (FMAP, or federal matching rate) for foster care maintenance payments and related costs in a state with a foster care partnership rate for the quarter determined by the Secretary of Health and Human Services (HHS); and make children in residential treatment programs eligible for 50% of regular foster care maintenance payments. Directs the Secretary to increase the proportion of the amounts expended by a state for caseworker training on child-focused recruitment and retention. Increases the amount of spending for child welfare programs by the unused savings resulting from this Act. Amends the Higher Education Act of 1965 to authorize the cancellation of Federal Direct Student Loans for a social worker employed in a public child or family service agency after the social worker has made 60 monthly payments on the eligible loan after the enactment of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Consortium on the Impact of Technology in Aging Health Services Act of 2006''. SEC. 2. ESTABLISHMENT OF CONSORTIUM. (a) Establishment.--There is established a Consortium to be known as the ``Consortium on the Impact of Technology in Aging Health Services'' (referred to in this Act as the ``Consortium''). (b) Purpose.--The purpose of the Consortium is to evaluate the potential of new technologies to help the United States prepare for the unprecedented demographic changes that will occur during the next 10 years in the Nation's healthcare system. (c) Membership.-- (1) Composition.--The Consortium shall be composed of 17 members, of whom-- (A) 1 member shall be appointed by the President and designated by the President as Chairperson of the Consortium; (B) 4 members shall be appointed by the Majority Leader of the Senate; (C) 4 members shall be appointed by the Minority Leader of the Senate; (D) 4 members shall be appointed by the Speaker of the House of Representatives; and (E) 4 members shall be appointed by the Minority Leader of the House of Representatives. (2) Qualifications.-- (A) In general.--Appointments to the Consortium shall be made from individuals who are senior-level executives from the Federal Government or the private- sector who have demonstrated experience as-- (i) providers of senior, geriatric, and other assistive services, including housing, nursing care, home-and-community based services, and assisted living and caregiver organizations; (ii) technology developers or producers of products for aged individuals; (iii) Federal, State, or academic researchers that focus on aging issues; (iv) physicians and other health care providers; (v) insurers and other payer organizations; and (vi) representatives of the pharmaceutical industry. (B) Inclusion of seniors and individuals with disabilities.--At least 2 appointees shall be-- (i) age 65 or older; or (ii) an individual with a disability. (3) Date of appointments.--The appointment of a member of the Consortium shall be made not later than 30 days after the date of enactment of this Act. (d) Term; Vacancies.-- (1) Term.--A member shall be appointed for the life of the Consortium. (2) Vacancies.--A vacancy on the Consortium-- (A) shall not affect the powers of the Consortium; and (B) shall be filled, not later than 30 days after the Consortium is given notice of the vacancy, in the same manner as the original appointment was made. (e) Initial Meeting.--Not later than 30 days after the date on which all members of the Consortium have been appointed, the Consortium shall hold the initial meeting of the Consortium. (f) Meetings.--The Consortium shall meet at the call of the Chairperson. (g) Quorum.--A majority of the members of the Consortium shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 3. DUTIES. (a) Study.-- (1) In general.--The Consortium shall conduct a study of all matters relating to the potential use of new technology to assist older adults and their caregivers throughout the aging process. (2) Matters to be studied.--The matters to be studied by the Consortium shall include-- (A) methods for identifying technology that can be adapted to meet the needs of seniors, individuals with disabilities, and the caregivers of such seniors and individuals across all aging services settings; (B) methods for fostering scientific innovation with respect to aging services technology within the business and academic communities; (C) identifying barriers to innovation in aging services technology and devising strategies for removing such barriers; (D) developments in aging services technology in other countries that may be applied in the United States; (E) methods for ensuring that businesses in the United States have a leadership role in the rapidly expanding global market of aging services technology; and (F) identifying barriers to the adoption of aging services technology by health care providers and consumers and devising strategies to removing such barriers. (b) Recommendations.--The Consortium shall develop recommendations with respect to the following: (1) Identification of developments in current aging services technologies that may result in increased efficiency and cost savings to the healthcare system. (2) Opportunities for ongoing research and development by the public and private sectors to accelerate the development and adoption of aging services technology in order to-- (A) promote the independence of seniors and individuals with disabilities; (B) facilitate early disease detection; (C) delay the physical, cognitive, social, and emotional decline resulting from disease and the aging process; (D) support wellness activities and preventive behaviors; (E) promote greater support to community- and facility-based caregivers; (F) develop systems that improve the quality and efficiency of facility-based care, such as pharmacy distribution programs and secure electronic clinical records; (G) enhance the utilization of technology by caregivers to reduce the burden of paperwork ; (H) minimize caregiver burnout; and (I) reduce medication errors and improve overall compliance. (3) Identification of methods to ensure that necessary technology infrastructure is in place to deliver aging services to rural and urban areas. (4) Whether to establish-- (A) a permanent Federal interagency task force that will facilitate the development and distribution of aging services technology; and (B) a National Resource Center that would stimulate research, oversee demonstration projects, and provide training and technical assistance to Federal, State, and private sector organizations and entities that provide aging services. (5) Assignment of responsibilities for aging services with respect to jurisdiction, funding, and reporting relationships. (c) Report.--Not later than 24 months after the date of enactment of this Act, the Consortium shall submit to the President and the appropriate committees of Congress a report that contains the recommendations of the Consortium with respect to the following: (1) Development of national policy.--The development of a national policy to address issues with respect to technology and assistive health services for seniors, including the appropriate roles and responsibilities for the Federal Government, State and local governments, and the private sector. (2) Legislative and program changes.--The specific legislative and regulatory changes with respect to Federal laws and programs that would support and encourage the private sector to develop and make widely available consumer-empowered technology solutions. (3) Establishment of national resource center.--The establishment of a National Resource Center on Aging Services Technologies to offer training and assistance to the Federal Government, State and local governments, and the private sector in the application of technology in pilots and trials with respect to assistive health services for seniors. SEC. 4. POWERS. (a) Hearings.--The Consortium may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Consortium considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Consortium may secure directly from a Federal agency such information as the Consortium considers necessary to carry out this Act. (2) Provision of information.--Except as otherwise provided by law, on request of the Chairperson of the Consortium, the head of the agency shall provide the information to the Consortium. (c) Postal Services.--The Consortium may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (d) Contract Authority.--The Consortium may contract with and compensate government and private agencies or persons for services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (e) Powers of Members and Agents.--Any member or agent of the Consortium may, if authorized by the Consortium, take any action which the Consortium is authorized to take by this section. (f) Gifts.--The Consortium may accept, use, and dispose of gifts or donations of services or property. (g) Printing.--For purposes of costs relating to printing and binding, including the costs of personnel detailed from the Government Printing Office, the Consortium shall be deemed to be a committee of Congress. SEC. 5. CONSORTIUM PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Consortium shall receive no additional pay, allowances, or benefits by reason of their service on the Consortium. (b) Travel Expenses.--A member of the Consortium shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Consortium. (c) Staff.-- (1) In general.--The Chairperson of the Consortium may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Consortium to perform the duties of the Consortium. (2) Compensation.-- (A) Executive director.--The executive director shall be paid the rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. (B) Other staff.--The staff shall be appointed subject to the provisions of title 5, United States Code, government appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Detail of Federal Government Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Consortium without reimbursement. (2) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Consortium may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the maximum annual rate of basic pay payable for the General Schedule. (f) Physical Facilities.--The Administrator of the General Services Administration shall locate suitable office space for the operation of the Consortium. The facilities shall serve as the headquarters of the Consortium and shall include all necessary equipment and incidentals required for the proper functioning of the Consortium. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $1,500,000, for the period of fiscal years 2007 through 2010, to remain available until expended. SEC. 7. TERMINATION OF CONSORTIUM. The Consortium shall terminate 180 days after the date on which the Consortium submits the report required under section 3(c).

Summary: Consortium on the Impact of Technology in Aging Health Services Act of 2006 - Establishes the Consortium on the Impact of Technology in Aging Health Services. Requires the Consortium to conduct a study of all matters relating to the potential use of new technology to assist older adults and their caregivers, including: (1) methods for identifying technology that may be adapted to meet their needs; (2) methods for fostering scientific innovation in aging services technology within the business and academic communities; (3) barriers to innovation in and the adoption of technology and strategies for removing such barriers; (4) developments in such technology in other countries; and (5) methods for ensuring that U.S. businesses have a leadership role in the global market of such technology. Requires the Consortium to develop recommendations concerning: (1) developments in current technologies that may result in increased efficiency and cost savings to the healthcare system; (2) opportunities for research and development to accelerate the development and adoption of aging services technology; (3) methods to ensure that technology infrastructure is in place to deliver services; and (4) establishment of a federal interagency task force to facilitate the development and distribution of such technology and a National Resource Center to stimulate research, oversee demonstration projects, and provide training and assistance to entities that provide such services. Requires the Consortium to report recommendations regarding development of a national policy to address issues concerning technology and assistive health services for seniors, changes to federal laws and programs that would support and encourage the private sector to develop and make widely available consumer-empowered technology solutions, and establishment of a National Resource Center on Aging Services Technologies.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Our Students Act''. SEC. 2. NATIONAL GUARD SUPPORT FOR STATE AND LOCAL EFFORTS TO KEEP SCHOOLS SAFE FROM VIOLENCE. (a) In General.--Chapter 1 of title 32, United States Code, is amended by inserting after section 112 the following new section: ``Sec. 112a. Support for State and local efforts to keep schools safe from violence ``(a) Funding Assistance.--The Secretary of Defense may provide funds to the Governor of a State who submits to the Secretary a plan for the National Guard to supplement State and local efforts to keep schools safe from violence that satisfies the requirements of subsection (c). Such funds shall be used for the following: ``(1) The pay, allowances, clothing, subsistence, gratuities, travel, and related expenses, as authorized by State law, of personnel of the National Guard of that State used, while not in Federal service, for the purpose of supplementing State and local efforts to keep schools safe from violence. ``(2) The operation and maintenance of the equipment and facilities of the National Guard of that State used for the purpose of supplementing State and local efforts to keep schools safe from violence. ``(3) The procurement of services and equipment, and the leasing of equipment, for the National Guard of that State used for the purpose of supplementing State and local efforts to keep schools safe from violence. However, the use of such funds for the procurement of equipment may not exceed $5,000 per item, unless approval for procurement of equipment in excess of that amount is granted in advance by the Secretary of Defense. ``(b) Use of Personnel Performing Full-Time National Guard Duty.-- (1) Under regulations prescribed by the Secretary of Defense, personnel of the National Guard of a State may, in accordance with the plan referred to in subsection (c) with respect to the State concerned, be ordered to perform full-time National Guard duty under section 502(f) of this title for the purpose of supplementing State and local efforts to keep schools safe from violence. ``(2)(A) A member of the National Guard serving on full-time National Guard duty under orders authorized under paragraph (1) shall participate in the training required under section 502(a) of this title in addition to the duty performed for the purpose authorized under that paragraph. The pay, allowances, and other benefits of the member while participating in the training shall be the same as those to which the member is entitled while performing duty for the purpose of supplementing State and local efforts to keep schools safe from violence. The member is not entitled to additional pay, allowances, or other benefits for participation in training required under section 502(a)(1) of this title. ``(B) To ensure that the use of units and personnel of the National Guard of a State pursuant to a plan referred to in subsection (c) does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the activities supplementing State and local efforts to keep schools safe from violence that units and personnel of the National Guard of a State may perform: ``(i) The performance of the activities may not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit. ``(ii) National Guard personnel will not degrade their military skills as a result of performing the activities. ``(iii) The performance of the activities will not result in a significant increase in the cost of training. ``(iv) In the case of activities supplementing State and local efforts to keep schools safe from violence that are performed by a unit organized to serve as a unit, the activities will support valid unit training requirements. ``(3) A unit or member of the National Guard of a State may be used, pursuant to a plan referred to in subsection (c) that is approved by the Secretary of Defense under this section, to provide services or other assistance (other than air transportation) to an organization eligible to receive services under section 508 of this title if-- ``(A) the plan specifically recognizes the organization as being eligible to receive the services or assistance; ``(B) in the case of services, the performance of the services meets the requirements of paragraphs (1) and (2) of subsection (a) of section 508 of this title; and ``(C) the services or assistance is authorized under subsection (b) or (c) of such section or in the plan. ``(c) Plan Requirements.--A plan to supplement State and local efforts to keep schools safe from violence under this subsection shall-- ``(1) specify how personnel of the National Guard of that State are to be used in supplementing State and local efforts to keep schools safe from violence; ``(2) certify that those operations are to be conducted at a time when the personnel involved are not in Federal service; ``(3) certify that participation by National Guard personnel in those operations is service in addition to training required under section 502 of this title; ``(4) certify that any engineer-type activities (as defined by the Secretary of Defense) under the plan will be performed only by units and members of the National Guard; ``(5) include a certification by the Attorney General of the State (or, in the case of a State with no position of Attorney General, a civilian official of the State equivalent to a State attorney general) that the use of the National Guard of the State for the activities proposed under the plan is authorized by, and is consistent with, State law; and ``(6) certify that the Governor of the State or a civilian law enforcement official of the State designated by the Governor has determined that any activities included in the plan that are carried out in conjunction with Federal law enforcement agencies serve a State law enforcement purpose. ``(d) Examination of Plan.--(1) Before funds are provided to the Governor of a State under this section and before members of the National Guard of that State are ordered to full-time National Guard duty as authorized in subsection (b), the Secretary of Defense shall examine the adequacy of the plan submitted by the Governor under subsection (c). ``(2) Except as provided in paragraph (3), the Secretary of Defense shall carry out paragraph (1) in consultation with the Secretary of Education. ``(3) Paragraph (2) shall not apply if-- ``(A) the Governor of a State submits a plan under subsection (c) that is substantially the same as a plan submitted for that State for a previous fiscal year; and ``(B) pursuant to the plan submitted for a previous fiscal year, funds were provided to the State in accordance with subsection (a) or personnel of the National Guard of the State were ordered to perform full-time National Guard duty in accordance with subsection (b). ``(e) End Strength Limitation.--(1) Except as provided in paragraph (2), at the end of a fiscal year there may not be more than 4,000 members of the National Guard-- ``(A) on full-time National Guard duty under section 502(f) of this title to perform activities supplementing State and local efforts to keep schools safe from violence pursuant to an order to duty; or ``(B) on duty under State authority to activities supplementing State and local efforts to keep schools safe from violence pursuant to an order to duty with State pay and allowances being reimbursed with funds provided under subsection (a)(1). ``(2) The Secretary of Defense may increase the end strength authorized under paragraph (1) by not more than 20 percent for any fiscal year if the Secretary determines that such an increase is necessary in the national security interests of the United States. ``(f) Annual Report.--The Secretary of Defense shall submit to Congress on an annual basis a report regarding the assistance provided and activities carried out under this section during the preceding fiscal year. Each report shall include the following: ``(1) The number of members of the National Guard excluded under subsection (e)(1) from the computation of end strengths. ``(2) A description of the activities to supplement State and local efforts to keep schools safe from violence that were conducted under plans referred to in subsection (c) with funds provided under this section. ``(3) An accounting of the amount of funds provided to each State. ``(4) A description of the effect on military training and readiness of using units and personnel of the National Guard to perform activities under the plans to supplement State and local efforts to keep schools safe from violence. ``(g) Statutory Construction.--Nothing in this section shall be construed as a limitation on the authority of any unit of the National Guard of a State, when such unit is not in Federal service, to perform law enforcement functions authorized to be performed by the National Guard by the laws of the State concerned. ``(h) Definitions.--In this section: ``(1) The term `Governor of a State' means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia. ``(2) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 112 the following new item: ``112a. Support for State and local efforts to keep schools safe from violence.''.

Summary: Save Our Students Act - Authorizes the Secretary of Defense (DOD) to provide funds to states submitting specified plans for the National Guard to supplement state and local efforts to keep schools safe from violence.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Crime Victims' Restitution Act of 2006''. SEC. 2. EFFECT OF DEATH OF A DEFENDANT IN FEDERAL CRIMINAL PROCEEDINGS. (a) In General.--Subchapter A of chapter 227 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3560. Effect of death of a defendant in Federal criminal proceedings ``(a) General Rule.--Notwithstanding any other provision of law, the death of a defendant who has been convicted of a Federal criminal offense shall not be the basis for abating or otherwise invalidating a plea of guilty or nolo contendere accepted, a verdict returned, a sentence announced, or a judgment entered prior to the death of that defendant, or for dismissing or otherwise invalidating the indictment, information, or complaint on which such a plea, verdict, sentence, or judgment is based, except as provided in this section. ``(b) Death After Plea or Verdict.-- ``(1) Entry of judgment.--If a defendant dies after a plea of guilty or nolo contendere has been accepted or a verdict has been returned, but before judgment is entered, the court shall enter a judgment incorporating the plea of guilty or nolo contendere or the verdict, with the notation that the defendant died before the judgment was entered. ``(2) Punitive sanctions.-- ``(A) Death before sentence announced.--If a defendant dies after a plea of guilty or nolo contendere has been accepted or a verdict has been returned and before a sentence has been announced, no sentence of probation, supervision, or imprisonment may be imposed, no criminal forfeiture may be ordered, and no liability for a fine or special assessment may be imposed on the defendant or the defendant's estate. ``(B) Death after sentencing or judgment.--The death of a defendant after a sentence has been announced or a judgment has been entered, and before that defendant has exhausted or waived the right to a direct appeal-- ``(i) shall terminate any term of probation, supervision, or imprisonment, and shall terminate the liability of that defendant to pay any amount remaining due of a criminal forfeiture, of a fine under section 3613(b), or of a special assessment under section 3013; and ``(ii) shall not require return of any portion of any criminal forfeiture, fine, or special assessment already paid. ``(3) Restitution.-- ``(A) Death before sentence announced.--If a defendant dies after a plea of guilty or nolo contendere has been accepted or a verdict has been returned and before a sentence has been announced, the court shall, upon a motion under subsection (c)(2) by the Government or any victim of that defendant's crime, commence a special restitution proceeding at which the court shall adjudicate and enter a final order of restitution against the estate of that defendant in an amount equal to the amount that would have been imposed if that defendant were alive. ``(B) Death after sentencing or judgment.--The death of a defendant after a sentence has been announced shall not be a basis for abating or otherwise invalidating restitution announced at sentencing or ordered after sentencing under section 3664(d)(5) of this title or any other provision of law. ``(4) Civil proceedings.--The death of a defendant after a plea of guilty or nolo contendere has been accepted, a verdict returned, a sentence announced, or a judgment entered, shall not prevent the use of that plea, verdict, sentence, or judgment in civil proceedings, to the extent otherwise permitted by law. ``(c) Appeals, Motions, and Petitions.-- ``(1) In general.--Except as provided in paragraph (2), after the death of a defendant convicted in a criminal case-- ``(A) no appeal, motion, or petition by or on behalf of that defendant or the personal representative or estate of that defendant, the Government, or a victim of that defendant's crime seeking to challenge or reinstate a plea of guilty or nolo contendere accepted, a verdict returned, a sentence announced, or a judgment entered prior to the death of that defendant shall be filed in that case after the death of that defendant; and ``(B) any pending motion, petition, or appeal in that case shall be dismissed with the notation that the dismissal is due to the death of the defendant. ``(2) Exceptions.-- ``(A) Restitution.--After the death of a defendant convicted in a criminal case, the personal representative of that defendant, the Government, or any victim of that defendant's crime may file or pursue an otherwise permissible direct appeal, petition for mandamus or a writ of certiorari, or an otherwise permissible motion described in section 3663, 3663A, 3664, or 3771, to the extent that the appeal, petition, or motion raises an otherwise permissible claim to-- ``(i) obtain, in a special restitution proceeding, a final order of restitution under subsection (b)(3); ``(ii) enforce, correct, amend, adjust, reinstate, or challenge any order of restitution; or ``(iii) challenge or reinstate a verdict, plea of guilty or nolo contendere, sentence, or judgment on which-- ``(I) a restitution order is based; or ``(II) restitution is being or will be sought by an appeal, petition, or motion under this paragraph. ``(B) Other civil actions affected.--After the death of a defendant convicted in a criminal case, the personal representative of that defendant, the Government, or any victim of that defendant's crime may file or pursue an otherwise permissible direct appeal, petition for mandamus or a writ of certiorari, or an otherwise permissible motion under the Federal Rules of Criminal Procedure, to the extent that the appeal, petition, or motion raises an otherwise permissible claim to challenge or reinstate a verdict, plea of guilty or nolo contendere, sentence, or judgment that the appellant, petitioner, or movant shows by a preponderance of the evidence is, or will be, material in a pending or reasonably anticipated civil proceeding, including civil forfeiture proceedings. ``(C) Collateral consequences.-- ``(i) In general.--Except as provided in subparagraphs (A) and (B), the Government may not restrict any Federal benefits or impose collateral consequences on the estate or a family member of a deceased defendant based solely on the conviction of a defendant who died before that defendant exhausted or waived the right to direct appeal unless, not later than 90 days after the death of that defendant, the Government gives notice to that estate or family member of the intent of the Government to take such action. ``(ii) Personal representative.--If the Government gives notice under clause (i), the court shall appoint a personal representative for the deceased defendant that is the subject of that notice, if not otherwise appointed, under section (d)(2)(A). ``(iii) Tolling.--If the Government gives notice under clause (i), any filing deadline that might otherwise apply against the defendant, the estate of the defendant, or a family member of the defendant shall be tolled until the date of the appointment of that defendant's personal representative under clause (ii). ``(3) Basis.--In any appeal, petition, or motion under paragraph (2), the death of the defendant shall not be a basis for relief. ``(d) Procedures Regarding Continuing Litigation.-- ``(1) In general.--The standards and procedures for a permitted appeal, petition, motion, or other proceeding under subsection (c)(2) shall be the standards and procedures otherwise provided by law, except that the personal representative of the defendant shall be substituted for the defendant. ``(2) Special procedures.--If continuing litigation is initiated or could be initiated under subsection (c)(2), the following procedures shall apply: ``(A) Notice and appointment of personal representative.--The district court before which the criminal case was filed (or the appellate court if the matter is pending on direct appeal) shall-- ``(i) give notice to any victim of the convicted defendant under section 3771(a)(2), and to the personal representative of that defendant or, if there is none, the next of kin of that defendant; and ``(ii) appoint a personal representative for that defendant, if not otherwise appointed. ``(B) Counsel.--Counsel shall be appointed for the personal representative of a defendant convicted in a criminal case who dies if counsel would have been available to that defendant, or if the personal representative of that defendant requests counsel and otherwise qualifies for the appointment of counsel, under section 3006A. ``(C) Tolling.--The court shall toll any applicable deadline for the filing of any motion, petition, or appeal during the period beginning on the date of the death of a defendant convicted in a criminal case and ending on the later of-- ``(i) the date of the appointment of that defendant's personal representative; or ``(ii) where applicable, the date of the appointment of counsel for that personal representative. ``(D) Restitution.--If restitution has not been fully collected on the date on which a defendant convicted in a criminal case dies-- ``(i) any amount owed under a restitution order (whether issued before or after the death of that defendant) shall be collectible from any property from which the restitution could have been collected if that defendant had survived, regardless of whether that property is included in the estate of that defendant; ``(ii) any restitution protective order in effect on the date of the death of that defendant shall continue in effect unless modified by the court after hearing or pursuant to a motion by the personal representative of that defendant, the Government, or any victim of that defendant's crime; and ``(iii) upon motion by the Government or any victim of that defendant's crime, the court shall take any action necessary to preserve the availability of property for restitution under this section. ``(e) Forfeiture.-- ``(1) In general.--Except as provided in paragraph (2), the death of an individual does not affect the Government's ability to seek, or to continue to pursue, civil forfeiture of property as authorized by law. ``(2) Tolling of limitations for civil forfeiture.-- Notwithstanding the expiration of any civil forfeiture statute of limitations or any time limitation set forth in section 983(a) of this title, not later than the later of the time period otherwise authorized by law and 2 years after the date of the death of an individual against whom a criminal indictment alleging forfeiture is pending, the Government may commence civil forfeiture proceedings against any interest in any property alleged to be forfeitable in the indictment of that individual. ``(f) Definitions.--In this section-- ``(1) the term `accepted', relating to a plea of guilty or nolo contendere, means that a court has determined, under rule 11(b) of the Federal Rules of Criminal Procedure, that the plea is voluntary and supported by a factual basis, regardless of whether final acceptance of that plea may have been deferred pending review of a presentence report or otherwise; ``(2) the term `announced', relating to a sentence, means that the sentence has been orally stated in open court; ``(3) the term `convicted' refers to a defendant-- ``(A) whose plea of guilty or nolo contendere has been accepted; or ``(B) against whom a verdict of guilty has been returned; ``(4) the term `direct appeal' means an appeal filed, within the period provided by rule 4(b) of the Federal Rules of Appellate Procedure, from the entry of the judgment or order of restitution, including review by the Supreme Court of the United States; and ``(5) the term `returned', relating to a verdict, means that the verdict has been orally stated in open court.''. (b) Conforming Amendment.--The table of sections for chapter 227 of title 18, United States Code, is amended by adding at the end the following: ``3560. Effect of death of a defendant in Federal criminal proceedings.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to any criminal case or appeal pending on or after July 1, 2006. SEC. 4. SEVERABILITY. If any provision of this Act, any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of the provisions of this Act, the amendments made by this Act, and the application of such provisions or amendments to any person or circumstance shall not be affected.

Summary: Preserving Crime Victims' Restitution Act of 2006 - Amends the federal criminal code to establish guidelines for cases in which a defendant in a criminal prosecution dies prior to the final adjudication of guilt. Sets forth rules for restitution to victims, appeals, motions, petitions, and civil forfeiture in such cases. Provides, as a general rule, that the death of a defendant who has been convicted of a federal criminal offense shall not be the basis for abating or otherwise invalidating a plea of guilty or nolo contendere accepted, a verdict returned, a sentence announced, or a judgment entered prior to the death of such defendant, or for dismissing or otherwise invalidating the indictment, information, or complaint, except as provided by this Act.