SECTION 1. AUTOMATIC ELIGIBILITY OF HEAD START PARTICIPANTS.

    Section 9(b)(6) of the National School Lunch Act (42 U.S.C.
1758(b)(6)) is amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking
                ``a member of'';
                    (B) in clause (i)--
                            (i) by inserting ``a member of'' after
                        ``(i)''; and
                            (ii) by striking ``or'' at the end of the
                        clause;
                    (C) in clause (ii)--
                            (i) by inserting ``a member of'' after
                        ``(ii)''; and
                            (ii) by striking the period at the end of
                        the clause and inserting ``; or''; and
                    (D) by adding at the end the following new clause:
            ``(iii) enrolled as a participant in a Head Start program
        authorized under the Head Start Act (42 U.S.C. 9831 et
        seq.).''; and
            (2) in subparagraph (B), by striking ``food stamps or aid
        to families with dependent children'' and inserting ``food
        stamps, aid to families with dependent children, or enrollment
        or participation in a Head Start program''.

SEC. 2. CHILD AND ADULT CARE FOOD PROGRAM.

    (a) Definition of Institution.--The second sentence of section
17(a) of the National School Lunch Act (42 U.S.C. 1766(a)) is amended
by striking ``for which it receives'' and all that follows through
``whichever is less)'' and inserting ``if at least 25 percent of the
children served by the organization meet the income eligibility
criteria established under section 9(b) for free or reduced price
meals''.
    (b) Additional Reimbursement for Family or Group Day Care Home
Sponsoring Organizations.--Section 17(f)(2)(B) of such Act (42 U.S.C.
1766(f)(2)(B)) is amended by striking ``in the case of an institution
(but not in the case of a family or group day care home sponsoring
organization),''.
    (c) Enhanced Administrative Reimbursement Rate for Family or Group
Day Care Home Sponsoring Organizations Serving Rural or Low-Income Area
Providers.--Section 17(f)(3)(B) of such Act (42 U.S.C. 1766(f)(3)(B))
is amended by inserting after the second sentence the following new
sentences: ``The Secretary shall set enhanced reimbursement levels for
the administrative expenses of sponsors serving providers in rural
areas or areas in which poor economic conditions exist. Such levels
shall be $10 higher than the standard reimbursement for administrative
expenses described in the first sentence of this subparagraph. Such
enhanced reimbursement levels shall be adjusted July 1 of each year to
reflect changes in the Consumer Price Index for all items for the most
recent 12-month period for which such data are available.''.
    (d) Expansion Funds.--Section 17(f)(3)(C) of such Act (42 U.S.C.
1766(f)(3)(C)) is amended--
            (1) in the last sentence, by striking ``two months'' and
        inserting ``6 months''; and
            (2) by adding at the end the following new sentences:
        ``Expansion funds may be used to conduct outreach to unlicensed
        day care homes to enable the day care homes to become licensed
        and to participate in the program established under this
        section. A sponsoring organization may receive expansion funds
        for no more than 50 day care homes.''.
    (e) Extension.--Section 17(p)(5) of such Act (42 U.S.C. 1766(p)(5))
is amended by striking ``1994'' and inserting ``1998''.
    (f) Medicaid and WIC Information.--Section 17 of such Act (42
U.S.C. 1766) is amended by adding at the end the following new
subsection:
    ``(q)(1)(A) The Secretary shall provide materials concerning the
medical assistance program established under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) (referred to in this subsection
as the `medicaid program') to State agencies for use in carrying out
the program established under this section.
    ``(B) The materials shall inform State agencies about the
availability and importance of--
            ``(i) the medicaid program to children from low-income
        families, including a basic explanation of program benefits and
        national income standards; and
            ``(ii) the medicaid program components established for low-
        income elderly and disabled persons under subparagraphs
        (A)(ii)(X) and (E) of section 1902(a)(10) of the Social
        Security Act (42 U.S.C. 1396a(a)(10)), including a basic
        explanation of program benefits and national income standards.
    ``(C) The Secretary--
            ``(i) may request that the Secretary of Health and Human
        Services assist in the preparation of the materials; and
            ``(ii) shall submit the materials to the Secretary of
        Health and Human Services for comment prior to submitting the
        materials to State agencies.
    ``(2) The Secretary shall also provide State agencies with basic
information concerning the importance and benefits of the special
nutrition program for women, infants, and children authorized under
section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
    ``(3) The State agency shall--
            ``(A) provide each child care institution participating in
        the program established under this section, other than
        institutions providing day care outside school hours for
        schoolchildren, with materials that include--
                    ``(i) a basic explanation of the benefits and
                importance of--
                            ``(I) health care coverage provided to
                        young low-income children under the medicaid
                        program; and
                            ``(II) the special nutrition program for
                        women, infants, and children;
                    ``(ii) the maximum income limits, according to
                family size, applicable to children up to age 5 in the
                State under the medicaid program and under the special
                nutrition program for women, infants, and children; and
                    ``(iii) a listing of the addresses and phone
                numbers of offices at which parents may apply;
            ``(B) provide each adult day care center participating in
        the program established under this section with materials that
        include--
                    ``(i) a basic explanation of benefits provided
                under subparagraphs (A)(ii)(X) and (E) of section
                1902(a)(10) of the Social Security Act;
                    ``(ii) information on the income limits for the
                benefits by household size; and
                    ``(iii) a listing of addresses and phone numbers of
                offices at which low-income elderly and disabled
                persons may apply for the benefits;
            ``(C) annually provide the institutions with an update of
        the information on income limits described in subparagraphs
        (A)(ii) and (B)(ii);
            ``(D) ensure that, at least once a year, the institutions
        to which subparagraph (A) applies provide written information
        to parents that includes--
                    ``(i) basic information on the benefits provided
                under the medicaid program and the special nutrition
                program for women, infants, and children;
                    ``(ii) information on the maximum income limits,
                according to family size, applicable to each program;
                and
                    ``(iii) information on where parents may apply to
                participate in each program; and
            ``(E) ensure that, at least once a year, adult day care
        centers provide written information to program participants
        that provides--
                    ``(i) basic information on the benefits provided
                under subparagraphs (A)(ii)(X) and (E) of section
                1902(a)(10) of the Social Security Act;
                    ``(ii) information on the income limits, by
                household size, applicable to the benefits; and
                    ``(iii) information on where low-income and
                disabled persons may apply for the benefits.''.

SEC. 3. EXPANDED ELIGIBILITY FOR MEAL SUPPLEMENTS FOR AFTERSCHOOL CARE
              PROGRAM.

    (a) In General.--Section 17A of the National School Lunch Act (42
U.S.C. 1766a) is amended--
            (1) in subsection (a)(1), by inserting ``and youths'' after
        ``children''; and
            (2) in subsection (b), by striking ``served to children''
        and all that follows and inserting ``served to children and
        youths who have not attained the age of 18, including children
        of migrant workers or children with handicaps.''.
    (b) Conforming Amendment.--The section heading of section 17A of
such Act (42 U.S.C. 1766a) is amended by inserting ``and youths'' after
``children''.

SEC. 4. DEMONSTRATION PROJECTS TO IMPROVE FOOD SERVICE FOR HOMELESS
              CHILDREN.

    Section 18(c) of the National School Lunch Act (42 U.S.C. 1769(c))
is amended--
            (1) in paragraph (6)--
                    (A) by inserting ``(A)'' after ``(6)''; and
                    (B) by adding at the end the following new
                subparagraph:
    ``(B) The Secretary shall submit a report to the appropriate
committees of Congress that includes--
            ``(i) an explanation of the actions the Secretary has taken
        to carry out paragraph (7);
            ``(ii) an estimate, if practicable, of the number of
        children living in homeless shelters who are not served by the
        program established under this subsection; and
            ``(iii) a detailed plan for expanding the program so that
        more eligible children may participate in the program.''; and
            (2) by adding at the end the following new paragraph:
    ``(8)(A) Out of the funds provided to carry out this subsection,
the Secretary shall use funds, for each of fiscal years 1995 through
1998, to carry out programs operated by shelters, halfway houses, and
hospitals described in subparagraph (B) that the Secretary has approved
for participation, for the purpose of providing nutrition counseling,
nutrition assessments, and referrals to individuals participating in--
            ``(i) the program established under this subsection;
            ``(ii) the special nutrition program for women, infants,
        and children established under section 17 of the Child
        Nutrition Act of 1966 (42 U.S.C. 1786);
            ``(iii) the medical assistance program established under
        title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
        (also known as the `medicaid program'); and
            ``(iv) similar programs for homeless pregnant women,
        pregnant women at risk of becoming homeless, homeless mothers
        with newborn infants, or the guardians of boarder babies or
        other abandoned infants.
    ``(B) Programs administered by halfway houses, homeless shelters,
hospitals, or transitional housing organizations under subparagraph
(A), if approved by the Secretary, may receive funding under this
paragraph for purposes specified in regulations of the Secretary.
    ``(C) The Secretary shall impose such auditing and recordkeeping
requirements as are necessary to monitor the use of Federal funds to
carry out this paragraph.
    ``(D) The Secretary shall periodically report to the appropriate
committees of Congress on the referral and nutrition counseling and
assessment programs carried out under this paragraph.''.

SEC. 5. NUTRITION EDUCATION AND TRAINING ASSISTANCE FOR FAMILY DAY CARE
              HOME SPONSORS AND DAY CARE CENTER STAFF.

    Section 19(f) of the Child Nutrition Act of 1966 (42 U.S.C.
1788(f)) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following new
        paragraph:
    ``(3)(A) Subject to subparagraph (B), any State that receives a
grant authorized by this section in an amount that exceeds the amount
under a grant received by such State for the preceding fiscal year
under this section shall use 20 percent of the excess amount to provide
nutrition education and training in accordance with this section to
institutions (including family or group day care home sponsoring
organizations) under section 17 of the National School Lunch Act (42
U.S.C. 1766) for the purpose of improving the delivery of services
under the child and adult care food program under such section.
    ``(B) The requirements contained in subparagraph (A) shall apply to
States only with respect to fiscal years for which more than
$10,000,000 is appropriated pursuant to subsection (i) to carry out
this section.''.

SEC. 6. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act take effect on the date of enactment of
this Act.
    (b) Special Effective Dates.--The amendments made by--
            (1) sections 1, 2(a), and 2(d), take effect on July 1,
        1995; and
            (2) section 2(e) take effect on October 1, 1995.

Summary: Amends the National School Lunch Act (NSLA) to make Head Start participants automatically eligible for free meals under the NSLA school lunch program and the school breakfast program of the Child Nutrition Act of 1966 (CNA). Revises the child and adult care food program under NSLA. Broadens the definition of eligible institution. Provides for additional reimbursement for family or group day care home sponsoring organizations and an enhanced administrative reimbursement rate for such organizations serving rural or low-income area providers. Increases the allowable amount of startup and expansion funds. Allows expansion funds to be used for outreach to unlicensed day care homes. Extends the authorization of appropriations for such program. Adds provisions relating to information about Medicaid and the special nutrition program for women, infants, and children (WIC). Expands eligibility for meal supplements for the afterschool care program to youths up to age 18. Requires the Secretary of Agriculture to report on demonstration projects to improve food service for homeless children. Directs the Secretary to use certain funds for nutrition counseling, assessments, and referrals for participants in such homeless demonstration program, WIC, Medicaid, and similar programs for homeless pregnant women or those at risk of becoming so, homeless mothers with newborn infants, or the guardians of boarder babies or other abandoned infants. Requires periodic reports. Amends the Child Nutrition Act of 1966 (CNA) to require States to use a portion of certain increased grant funds for nutrition education and training assistance for family day care home sponsors and day care center staff.

To amend the National School Lunch Act and the Child Nutrition Act of 1966 to improve and expand the school lunch and related programs under those Acts.


SECTION 1. ACCESS TO MENTAL HEALTH CARE OF FAMILIES OF MEMBERS OF THE
              NATIONAL GUARD AND RESERVE DURING THEIR MOBILIZATION,
              DEPLOYMENT, AND DEMOBILIZATION.

    (a) Findings.--Congress makes the following findings:
            (1) The members of the National Guard and Reserve have made
        extraordinary contributions to Operation Iraqi Freedom and
        Operation Enduring Freedom.
            (2) The scope and scale of recent mobilizations and
        deployments of members of the National Guard and Reserve is
        unprecedented in the modern history of the Armed Forces.
            (3) The frequency and length of such mobilizations and
        deployments has placed significant strain on the family members
        of deployed members.
            (4) The Department of Defense Task Force on Mental Health
        determined that family members of deployed members of the
        National Guard and Reserve are more likely to experience mental
        health challenges as a result of these mobilizations and
        deployments.
            (5) The Department of Defense Task Force on Mental Health
        also determined that family members of deployed members of the
        National Guard and Reserve are less likely to have ready access
        to mental health care during periods of deployment.
            (6) Family members of members of the National Guard and
        Reserve often live far from military installations that are the
        primary locations for mental health care provided by the
        Department of Defense.
            (7) Adequate support for family members of deployed members
        of the Armed Forces is critical to maintaining morale, both on
        the battlefield and on the home front.
    (b) Sense of Congress.--It is the sense of Congress that the
Department of Defense should undertake appropriate actions to ensure
that family members of members of the National Guard and Reserve who
are deployed have full access to mental health care during the periods
of mobilization, deployment, and demobilization of such members of the
National Guard and Reserve.
    (c) Initiative To Increase Access to Mental Health Care.--
            (1) In general.--The Secretary of Defense shall undertake a
        nationwide initiative intended to increase access to mental
        health care for family members of members of the National Guard
        and Reserve who are mobilized.
            (2) Elements.--The initiative shall include the following:
                    (A) Programs and activities to educate the family
                members of members of the National Guard and Reserve
                who are mobilized on potential mental health challenges
                connected with such mobilization.
                    (B) Programs and activities to provide such family
                members with complete information on all mental health
                care resources available to such family members through
                the Department of Defense and otherwise.
                    (C) Requirements for mental health counselors at
                military installations in communities with large
                numbers of mobilized members of the National Guard and
                Reserve to expand the reach of their counseling
                activities to include families of such members in such
                communities.
    (d) Mental Health Care Under TRICARE.--
            (1) In general.--Under such regulations as the Secretary of
        Defense shall prescribe, reimbursement shall be provided under
        the TRICARE program under chapter 55 of title 10, United States
        Code, for any mental health care specified in paragraph (3)
        that is provided to a family member of a covered member of the
        National Guard or Reserve during the period of deployment of
        such covered member of the National Guard or Reserve as
        described in paragraph (2).
            (2) Covered members of the national guard or reserve.--For
        purposes of this subsection, a covered member of the National
        Guard or Reserve is any member of the National Guard or Reserve
        on active duty for more than 30 days for a deployment in
        connection with Operation Iraqi Freedom or Operation Enduring
        Freedom who, while so on active duty, is covered by the TRICARE
        program on a for self and family basis.
            (3) Mental health care.--The mental health care specified
        in this paragraph is mental health care as follows:
                    (A) Mental health care otherwise provided to
                covered dependents of members of the uniformed services
                under the TRICARE program.
                    (B) Any mental health care and treatment that is
                provided at a facility accredited by the Joint
                Commission on Accreditation of Healthcare
                Organizations.
                    (C) Any mental health care and treatment that is
                provided at a facility accredited by a State-
                accrediting institution, including a facility not
                otherwise recognized as an authorized provider under
                the TRICARE program.
                    (D) Chemical dependency treatment at any partial
                hospital program, substance-abuse disorder
                rehabilitation facility, or residential treatment
                center accredited by the Joint Commission on
                Accreditation of Healthcare Organizations or by a
                State-accrediting institution.
            (4) Effective date.--This subsection shall take effect on
        January 1, 2008.
    (e) Reports.--
            (1) In general.--Not later than 180 days after the date of
        the enactment of this Act, and every 180 days thereafter, the
        Secretary of Defense shall submit to the Committees on Armed
        Services of the Senate and the House of Representatives a
        report on this section.
            (2) Elements.--Each report shall include the following:
                    (A) A current assessment of the extent to which
                family members of members of the National Guard and
                Reserve who are deployed have access to, and are
                utilizing, mental health care available under this
                section.
                    (B) A current assessment of the quality of mental
                health care being provided d to family members of the
                National Guard and Reserve who are deployed at State-
                accredited treatment centers.
                    (C) Such recommendations for legislative or
                administrative action as the Secretary considers
                appropriate in order to further assure full access by
                family members of members of the National Guard and
                Reserve who are deployed to mental health care during
                the mobilization, deployment, and demobilization of
                such members of the National Guard and Reserve.

Summary: Expresses the sense of Congress that the Department of Defense (DOD) should undertake actions to ensure that family members of National Guard and Reserve personnel who are deployed have full access to mental health care during the periods of mobilization, deployment, and demobilization. Requires the Secretary of Defense to undertake an initiative to increase access to mental health care, including education concerning mental health challenges and information on available resources, for family members of such personnel who are mobilized. Requires reimbursement under the TRICARE program for certain mental health care services, including chemical dependency treatment, provided to a family member of a covered Guard or Reserve member during a period of deployment on active duty for more than 30 days in connection with Operation Iraqi Freedom or Operation Enduring Freedom who, while on such duty, is covered by the TRICARE program on a for self and family basis. Requires regular reports from the Secretary assessing the access and quality of such family mental health care services and recommendations for legislative and administrative action.

A bill to ensure that families of members of the National Guard and Reserve have full access to mental health care during the mobilization, deployment, and demobilization of such members, and for other purposes.


TITLE I--EXCLUSION OF NONNATIVE SPECIES FROM MIGRATORY BIRD TREATY ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Migratory Bird Treaty Reform Act
of 2004''.

SEC. 102. EXCLUSION OF NON-NATIVE SPECIES FROM APPLICATION OF CERTAIN
              PROHIBITIONS UNDER MIGRATORY BIRD TREATY ACT.

    Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is
amended--
            (1) in the first sentence by striking ``That unless and
        except as permitted'' and inserting the following: ``(a) In
        General.--Unless and except as permitted''; and
            (2) by adding at the end the following:
    ``(b) Limitation on Application to Introduced Species.--
            ``(1) In general.--This section applies only to migratory
        bird species that are native to the United States and whose
        occurrence in the United States is entirely the result of
        natural biological or ecological conditions.
            ``(2) Treatment of introduced species.--For purposes of
        paragraph (1)--
                    ``(A) a bird species shall not be treated as native
                to the United States if it occurs in the United States
                solely as a result of intentional or unintentional
                human-assisted introduction; and
                    ``(B) a migratory bird species shall be treated as
                native to the United States if--
                            ``(i) it was native to the United States
                        and extant in 1918;
                            ``(ii) it was extirpated after 1918
                        throughout its range in the United States; and
                            ``(iii) after such extirpation, it was
                        reintroduced in the United States as a part of
                        a program carried out by a Federal agency.''.

SEC. 103. PUBLICATION OF LIST.

    The Secretary of the Interior shall publish in the Federal Register
within 3 months after the date of enactment of this Act a list of all
non-native, human introduced bird species to which the Migratory Bird
Treaty Act does not apply that belong to biological families of
migratory birds covered under any of the migratory bird conventions
with Great Britain (for Canada), Mexico, Russia, or Japan. The
Secretary shall provide adequate time for public comment. Nothing in
this section concerning the publication of the list shall delay
implementation of other provisions of this Act that exclude non-native,
human introduced bird species from the application of the Migratory
Bird Treaty Act.

         TITLE II--CONSERVATION OF NEOTROPICAL MIGRATORY BIRDS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Neotropical Migratory Bird
Conservation Improvement Act of 2004''.

SEC. 202. AMENDMENTS TO NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.

    (a) Findings.--Section 2(1) of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101(1)) is amended by inserting ``but
breed in Canada and the United States'' after ``the Caribbean''.
    (b) Purposes.--Section 3(2) of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6102(2)) is amended by inserting
``Canada,'' after ``United States,''.
    (c) Definition of Caribbean.--Section 4 of the Neotropical
Migratory Bird Conservation Act is amended by redesignating paragraphs
(2) and (3) in order or paragraphs (3) and (4), and by inserting
paragraph (1) the following:
            ``(2) Caribbean.--The term `Caribbean' includes Puerto Rico
        and the United States Virgin Islands.''.
    (d) Cost Sharing.--Section 5(e) of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6104(e)) is amended--
            (1) in paragraph (1) by striking ``25 percent'' and
        inserting ``50 percent''; and
            (2) in paragraph (2) by amending subparagraph (B) to read
        as follows:
                    ``(B) Form of payment.--
                            ``(i) Projects in the united states and
                        canada.--The non-Federal share required to be
                        paid for a project carried out in the United
                        States or Canada shall be paid in cash.
                            ``(ii) Projects in latin america and the
                        caribbean.--The non-Federal share required to
                        be paid for a project carried out in Latin
                        America or the Caribbean may be paid in cash or
                        in kind.''.
    (e) Report.--Section 8 of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6107) is amended--
            (1) by striking ``October 1, 2002,'' and inserting ``12
        months after the date of the enactment of the Neotropical
        Migratory Bird Conservation Improvement Act of 2004,''; and
            (2) by inserting before the period the following: ``, and a
        description of the activities of the advisory committee
        convened under section 7(b)''.
    (f) Neotropical Migratory Bird Conservation Fund.--
            (1) In general.-- Section 9 of the Neotropical Migratory
        Bird Conservation Act (16 U.S.C. 6108) is amended by striking
        so much as precedes subsection (c) and inserting the following:

``SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND.

    ``(a) Establishment.--There is established in the Treasury a
separate account, which shall be known as the `Neotropical Migratory
Bird Conservation Fund'. The Fund shall consist of amounts deposited
into the Fund by the Secretary of the Treasury under subsection (b).
    ``(b)  Deposits Into the Fund.--The Secretary of the Treasury shall
deposit into the Fund--
            ``(1) all amounts received by the Secretary in the form of
        donations under subsection (d); and
            ``(2) other amounts appropriated to the Fund.''.
            (2) Administrative expenses.--Section 9(c)(2) of the
        Neotropical Migratory Bird Conservation Act (16 U.S.C.
        6108(c)(2)) is amended by striking ``$80,000'' and inserting
        ``$150,000''.
            (3) Conforming amendments.--The Neotropical Migratory Bird
        Conservation Act is amended as follows:
                    (A) In section 4 (16 U.S.C. 6103), by striking
                paragraph (1) and inserting the following:
            ``(1) Fund.--The term `Fund' means the Neotropical
        Migratory Bird Conservation Fund established by section
        9(a).''.
                    (B) In section 9(d) (16 U.S.C. 6108(d)), by
                striking ``Account'' and inserting ``Fund''.
            (4) Transfer.--The Secretary of the Treasury may transfer
        to the Neotropical Migratory Bird Conservation Fund amounts
        that were in the Neotropical Migratory Bird Conservation
        Account immediately before the enactment of this Act.
    (g) Authorization of Appropriations.--Section 10 of the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6109) is amended to read as
follows:

``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to the
Fund to carry out this Act the following amounts:
            ``(1) $5,000,000 for fiscal year 2005.
            ``(2) $5,000,000 for fiscal year 2006.
            ``(3) $10,000,000 for fiscal year 2007.
            ``(4) $15,000,000 for fiscal year 2008.
    ``(b) Availability.--Amounts appropriated under this section may
remain available until expended.
    ``(c) Allocation.--Of amounts appropriated under this section for
each fiscal year, not less than 75 percent shall be expended for
projects carried out outside the United States.
    ``(d) Limitation on Expenditures for Projects in Canada.--Amounts
appropriated under this section for a fiscal year may not be used for
any project in Canada unless the amount available to carry out this Act
for that fiscal year is greater than $10,000,000.''.

Summary: Title I: Exclusion of Nonnative Species from Migratory Bird Treaty Act - Migratory Bird Treaty Reform Act of 2004 - Amends the Migratory Bird Treaty Act (MBTA) to clarify that the MBTA's prohibition on taking, killing, or possessing migratory birds applies only to native migratory bird species whose occurrence in the United States results from natural biological or ecological conditions. Excludes from coverage under the MBTA bird species occurring as the result of human assisted introduction unless the species: (1) was native to the United States and extant in 1918, (2) became extinct throughout its range thereafter. And (3) was reintroduced as part of a Federal program. Requires the Secretary of the Interior to publish a list of all non-native, human introduced bird species to which the MBTA does not apply that belong to biological families of migratory birds covered under any migratory bird conventions with Great Britain , Mexico, Russia, or Japan. Title II: Conservation of Neotropical Migratory Birds - Neotropical Migratory Bird Conservation Improvement Act of 2004 - Amends the Neotropical Migratory Bird Conservation Act (NMBCA) to increase the Federal share of costs for projects funded under that Act. Prescribes the form of payment for such projects undertaken in the United States and Canada versus Latin America and the Caribbean. Establishes the Neotropical Migratory Bird Conservation Fund. Increases the amount of funds that the Secretary may expend to administer the NMBCA. Authorizes the Secretary of the Treasury to transfer to the Fund amounts that were in the Neotropical Migratory Bird Conservation Account immediately before the enactment of this Act. Authorizes appropriations. Requires not less than 75 percent of such appropriations to be used for projects outside the United States. Prohibits expenditures for projects in Canada during a fiscal year unless the amount available to carry out NMBCA exceeds $10 million for that year.

To amend the Migratory Bird Treaty Act to exclude non-native migratory bird species from the application of that Act, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Over-the-Counter Hearing Aid Act of
2017''.

SEC. 2. REGULATION OF OVER-THE-COUNTER HEARING AIDS.

    (a) In General.--Section 520 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360j) is amended by adding at the end the
following:
    ``(p) Regulation of Over-the-Counter Hearing Aids.--
            ``(1) Definition.--In this subsection, the term `over-the-
        counter hearing aid' means a device--
                    ``(A) that uses the same fundamental scientific
                technology as air conduction hearing aids (as defined
                in section 874.3300 of title 21, Code of Federal
                Regulations) (or any successor regulation) or wireless
                air conduction hearing aids (as defined in section
                874.3305 of title 21, Code of Federal Regulations) (or
                any successor regulation);
                    ``(B) that is intended to be used by adults over
                the age of 18 to compensate for perceived mild to
                moderate hearing impairment;
                    ``(C) that, through tools, tests, or software,
                allows the user to control the over-the-counter hearing
                aid and customize it to the user's hearing needs;
                    ``(D) that may--
                            ``(i) use wireless technology; or
                            ``(ii) include tests for self-assessment of
                        hearing loss; and
                    ``(E) that is available over-the-counter, without
                the supervision, prescription, or other order,
                involvement, or intervention of a licensed person, to
                consumers through in-person transactions, by mail, or
                online.
            ``(2) Regulation.--An over-the-counter hearing aid shall be
        subject to the regulations promulgated in accordance with
        section 2(b) of the Over-the-Counter Hearing Aid Act of 2017
        and shall be exempt from sections 801.420 and 801.421 of title
        21, Code of Federal Regulations (or any successor
        regulations).''.
    (b) Regulations To Establish Category.--
            (1) In general.--The Secretary of Health and Human Services
        (referred to in this section as the ``Secretary''), not later
        than 3 years after the date of enactment of this Act, shall
        promulgate proposed regulations to establish a category of
        over-the-counter hearing aids, as defined in subsection (p) of
        section 520 of the Federal Food, Drug, and Cosmetic Act (21
        U.S.C. 360j) as amended by subsection (a), and, not later than
        180 days after the date on which the public comment period on
        the proposed regulations closes, shall issue such final
        regulations.
            (2) Requirements.--In promulgating the regulations under
        paragraph (1), the Secretary shall--
                    (A) include requirements that provide reasonable
                assurances of the safety and efficacy of over-the-
                counter hearing aids;
                    (B) include requirements that establish or adopt
                output limits appropriate for over-the-counter hearing
                aids;
                    (C) include requirements for appropriate labeling
                of the over-the-counter hearing aid, including how
                consumers may report adverse events, any conditions or
                contraindications, and any advisements to consult
                promptly with a licensed physician; and
                    (D) describe the requirements under which the sale
                of over-the-counter hearing aids is permitted, without
                the supervision, prescription, or other order,
                involvement, or intervention of a licensed person, to
                consumers through in-person transactions, by mail, or
                online.
            (3) Premarket notification.--The Secretary shall make
        findings under section 510(m) of the Federal Food, Drug, and
        Cosmetic Act (21 U.S.C. 360(m)) to determine whether over-the-
        counter hearing aids (as defined in section 520(p) of the
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j), as
        amended by subsection (a)) require a report under section
        510(k) to provide reasonable assurance of safety and
        effectiveness.
            (4) Effect on state law.--No State or local government
        shall establish or continue in effect any law, regulation,
        order, or other requirement specifically applicable to hearing
        products that would restrict or interfere with the servicing,
        marketing, sale, dispensing, use, customer support, or
        distribution of over-the-counter hearing aids (as defined in
        section 520(p) of the Federal Food, Drug, and Cosmetic Act (21
        U.S.C. 360j), as amended by subsection (a)) through in-person
        transactions, by mail, or online, that is different from, in
        addition to, or otherwise not identical to, the regulations
        promulgated under this subsection, including any State or local
        requirement for the supervision, prescription, or other order,
        involvement, or intervention of a licensed person for consumers
        to access over-the-counter hearing aids.
    (c) New Guidance Issued.--Not later than the date on which final
regulations are issued under subsection (b), the Secretary shall update
and finalize the draft guidance of the Department of Health and Human
Services entitled, ``Regulatory Requirements for Hearing Aid Devices
and Personal Sound Amplification Products'', issued on November 7,
2013. Such updated and finalized guidance shall clarify which products,
on the basis of claims or other marketing, advertising, or labeling
material, meet the definition of a device in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321) and which products meet
the definition of a personal sound amplification product, as set forth
in such guidance.

Summary: Over-the-Counter Hearing Aid Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to categorize certain hearing aids as over-the-counter hearing aids and issue regulations regarding those hearing aids. The regulations for over-the-counter hearing aids must: (1) provide reasonable assurances of safety and efficacy, (2) establish output limits and labeling requirements. And (3) describe requirements for the sale of hearing aids in-person, by mail, or online, without a prescription. State and local governments may not establish or continue in effect requirements specifically applicable to hearing products that are not identical to FDA requirements and that restrict or interfere with the servicing or sale of over-the-counter hearing aids. The FDA must update and finalize its draft guidance on hearing products. The guidance must clarify which products are medical devices.


SECTION 1. ENTRIES OF CERTAIN HIGH-DENSITY, FIBERBOARD-CORE LAMINATE
              PANELS ENTERED IN JUNE 2004 THROUGH OCTOBER 2004.

    (a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of
Customs and Border Protection shall, not later than 90 days after the
receipt of the request described in subsection (b), liquidate or
reliquidate the entries described in subsection (d) at a rate of duty
of 1.9 cents per kilogram plus 1.5 percent ad valorem.
    (b) Request.--Liquidation or reliquidation may be made under
subsection (a) with respect to an entry described in subsection (d)
only if a request is filed with the Bureau of Customs and Border
Protection not later than 90 days after the date of the enactment of
this Act.
    (c) Refund of Amounts Owed.--Any amounts owed by the United States
pursuant to the liquidation or reliquidation of an entry described in
subsection (d) (including interest from the date of entry) shall be
refunded not later than 90 days after the date of such liquidation or
reliquidation.
    (d) Affected Entries.--The entries referred to in subsection (a)
are as follows:

    Entry number                         Date of entry
  EF4-0054953-3........................    06/11/04
  EF4-0054958-2........................    06/18/04
  EF4-0054987-1........................    06/24/04
  EF4-0054989-7........................    06/19/04
  EF4-0054990-5........................    06/24/04
  EF4-0054991-3........................    06/24/04
  EF4-0054992-1........................    06/24/04
  EF4-0054993-9........................    06/24/04
  EF4-0054994-7........................    06/26/04
  EF4-0054995-4........................    06/26/04
  EF4-0055060-6........................    06/25/04
  EF4-0055070-5........................    06/24/04
  EF4-0055073-9........................    06/21/04
  EF4-0055090-3........................    06/19/04
  EF4-0055120-8........................    07/01/04
  EF4-0055125-7........................    06/27/04
  EF4-0055127-3........................    07/03/04
  EF4-0055128-1........................    07/03/04
  EF4-0055129-9........................    06/29/04
  EF4-0055130-7........................    07/03/04
  EF4-0055131-5........................    07/03/04
  EF4-0055132-3........................    07/03/04
  EF4-0055166-1........................    07/09/04
  EF4-0055177-8........................    07/09/04
  EF4-0055182-8........................    07/10/04
  EF4-0055200-8........................    07/04/04
  EF4-0055224-8........................    07/05/04
  EF4-0055227-1........................    07/09/04
  EF4-0055232-1........................    07/09/04
  EF4-0055234-7........................    07/08/04
  EF4-0055242-0........................    07/17/04
  EF4-0055263-6........................    07/17/04
  EF4-0055283-4........................    07/12/04
  EF4-0055299-0........................    07/17/04
  EF4-0055304-8........................    07/09/04
  EF4-0055313-9........................    07/19/04
  EF4-0055314-7........................    07/23/04
  EF4-0055315-4........................    07/23/04
  EF4-0055316-2........................    07/23/04
  EF4-0055318-8........................    07/23/04
  EF4-0055319-6........................    07/23/04
  EF4-0055336-0........................    07/16/04
  EF4-0055340-2........................    07/22/04
  EF4-0055385-7........................    07/19/04
  EF4-0055398-0........................    07/30/04
  EF4-0055401-2........................    07/30/04
  EF4-0055402-0........................    07/30/04
  EF4-0055403-8........................    07/30/04
  EF4-0055420-2........................    07/22/04
  EF4-0055421-0........................    07/22/04
  EF4-0055426-9........................    07/22/04
  EF4-0055430-1........................    07/24/04
  EF4-0055444-2........................    07/25/04
  EF4-0055486-3........................    07/31/04
  EF4-0055505-0........................    07/29/04
  EF4-0055506-8........................    07/29/04
  EF4-0055517-5........................    08/08/04
  EF4-0055522-5........................    08/07/04
  EF4-0055583-7........................    08/13/04
  EF4-0055584-5........................    08/13/04
  EF4-0055585-2........................    08/24/04
  EF4-0055598-5........................    08/05/04
  EF4-0055609-0........................    08/14/04
  EF4-0055635-5........................    08/06/04
  EF4-0055642-1........................    08/12/04
  EF4-0055647-0........................    08/07/04
  EF4-0055663-7........................    08/15/04
  EF4-0055676-9........................    09/05/04
  EF4-0055770-0........................    08/11/04
  EF4-0055771-8........................    08/11/04
  EF4-0055812-0........................    08/19/04
  EF4-0055818-7........................    08/29/04
  EF4-0055819-5........................    08/27/04
  EF4-0055831-0........................    09/03/04
  EF4-0055832-8........................    09/03/04
  EF4-0055834-4........................    08/28/04
  EF4-0055835-1........................    08/14/04
  EF4-0055836-9........................    08/14/04
  EF4-0055899-7........................    09/06/04
  EF4-0055900-3........................    09/06/04
  EF4-0055917-7........................    09/02/04
  EF4-0055960-7........................    09/13/04
  EF4-0055961-5........................    09/10/04
  EF4-0055962-3........................    09/10/04
  EF4-0055963-1........................    09/11/04
  EF4-0055965-6........................    09/11/04
  EF4-0055967-2........................    09/11/04
  EF4-0056074-6........................    09/24/04
  EF4-0056078-7........................    09/16/04
  EF4-0056079-5........................    09/16/04
  EF4-0056080-3........................    09/16/04
  EF4-0056108-2........................    09/15/04
  EF4-0056109-0........................    08/26/04
  EF4-0056123-1........................    09/25/04
  EF4-0056171-0........................    09/10/04
  EF4-0056197-5........................    10/02/04
  EF4-0056291-6........................    09/29/04
  EF4-0056303-9........................    10/08/04
  EF4-0056304-7........................    10/04/04
  EF4-0056354-2........................    10/07/04
  EF4-0056355-9........................    10/09/04
  EF4-0056356-7........................    10/09/04
  EF4-0056357-5........................    10/09/04
  EF4-0056359-1........................    10/07/04
  EF4-0056426-8........................    10/16/04

Summary: Directs the Bureau of Customs and Border Protection to liquidate or reliquidate certain entries relating to high-density, fiberboard-core laminate panels and refund any amounts owed.

A bill to provide for the liquidation or reliquidation of certain entries relating to high-density, fiberboard-core laminate panels entered in June 2004 through October 2004.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Legacy IRA Act''.

SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR
              CHARITABLE PURPOSES.

    (a) In General.--Paragraph (8) of section 408(d) of the Internal
Revenue Code of 1986 (relating to tax treatment of distributions) is
amended to read as follows:
            ``(8) Distributions for charitable purposes.--
                    ``(A) In general.--No amount shall be includible in
                gross income by reason of a qualified charitable
                distribution.
                    ``(B) Limitations.--
                            ``(i) In general.--The aggregate amount
                        excluded from gross income by subparagraph (A)
                        for a taxable year shall not exceed $400,000.
                            ``(ii) Organization and entity specific
                        limitations.--The amount excluded from gross
                        income by subparagraph (A) for a taxable year
                        shall not exceed--
                                    ``(I) $100,000, in the case of any
                                distribution described in subparagraph
                                (C)(i)(I), and
                                    ``(II) $400,000, in the case of any
                                distribution described in subparagraph
                                (C)(i)(II).
                    ``(C) Qualified charitable distribution.--For
                purposes of this paragraph, the term `qualified
                charitable distribution' means any distribution from an
                individual retirement account--
                            ``(i) which is made directly by the
                        trustee--
                                    ``(I) to a specified charitable
                                organization, or
                                    ``(II) to a split-interest entity,
                                and
                            ``(ii) which is made on or after the date
                        that the individual for whose benefit the
                        account is maintained has attained--
                                    ``(I) in the case of any
                                distribution described in clause
                                (i)(I), age 70\1/2\, and
                                    ``(II) in the case of any
                                distribution described in clause
                                (i)(II), age 65.
                    ``(D) Special rules relating to distributions.--For
                purposes of this paragraph--
                            ``(i) Distribution must be otherwise
                        includible.--A distribution from an individual
                        retirement account shall be treated as a
                        qualified charitable distribution only to the
                        extent that the distribution would be
                        includible in gross income without regard to
                        subparagraph (A).
                            ``(ii) Limitation on income interests.--A
                        distribution from an individual retirement
                        account to a split-interest entity may only be
                        treated as a qualified charitable distribution
                        if--
                                    ``(I) no person holds an income
                                interest in the split-interest entity
                                other than the individual for whose
                                benefit such account is maintained, the
                                spouse of such individual, or both, and
                                    ``(II) the income interest in the
                                split-interest entity is nonassignable.
                            ``(iii) Contributions must be otherwise
                        deductible.--A distribution from an individual
                        retirement account to a specified charitable
                        organization may be treated as a qualified
                        charitable distribution only if--
                                    ``(I) in the case of a distribution
                                to a charitable remainder annuity trust
                                or a charitable remainder unitrust, a
                                deduction for the entire value of the
                                remainder interest in the distribution
                                for the benefit of a specified
                                charitable organization would be
                                allowable under section 170 (determined
                                without regard to subsection (b)
                                thereof and this paragraph), and
                                    ``(II) in the case of a charitable
                                gift annuity, a deduction in an amount
                                equal to the amount of the distribution
                                reduced by the value of the annuity
                                described in section 501(m)(5)(B) would
                                be allowable under section 170
                                (determined without regard to
                                subsection (b) thereof and this
                                paragraph).
                    ``(E) Specified charitable organization defined.--
                For purposes of this paragraph, the term `specified
                charitable organization' means an organization
                described in section 170(b)(1)(A) (other than any
                organization described in section 509(a)(3) or any fund
                or account described in section 4966(d)(2)).
                    ``(F) Split-interest entity defined.--For purposes
                of this paragraph, the term `split-interest entity'
                means--
                            ``(i) a charitable remainder annuity trust
                        (as defined in section 664(d)(1)), but only if
                        such trust is funded exclusively by a qualified
                        charitable distribution,
                            ``(ii) a charitable remainder unitrust (as
                        defined in section 664(d)(2)), but only if such
                        unitrust is funded exclusively by one or more
                        qualified charitable distributions, or
                            ``(iii) a charitable gift annuity (as
                        defined in section 501(m)(5)), but only if such
                        annuity is funded exclusively by a qualified
                        charitable distribution and commences fixed
                        payments of 5 percent or greater not later than
                        one year from date of funding.
                    ``(G) Special rules.--
                            ``(i) Charitable remainder trusts.--
                        Notwithstanding section 664(b), distributions
                        made from a trust described in clause (i) or
                        (ii) of subparagraph (F) shall be treated as
                        ordinary income in the hands of the beneficiary
                        to whom is paid the annuity described in
                        section 664(d)(1)(A) or the payment described
                        in section 664(d)(2)(A).
                            ``(ii) Charitable gift annuities.--
                        Qualified charitable distributions made for a
                        charitable gift annuity shall not be treated as
                        an investment in the contract for purposes of
                        section 72(c).
                            ``(iii) Application of section 72.--
                        Notwithstanding section 72, in determining the
                        extent to which a distribution is a qualified
                        charitable distribution, the entire amount of
                        the distribution shall be treated as includible
                        in gross income without regard to subparagraph
                        (A) to the extent that such amount does not
                        exceed the aggregate amount which would have
                        been so includible if all amounts in all
                        individual retirement plans of the individual
                        were distributed during the taxable year and
                        all such plans were treated as 1 contract for
                        purposes of determining under section 72 the
                        aggregate amount which would have been so
                        includible. Proper adjustments shall be made in
                        applying section 72 to other distributions in
                        such taxable year and subsequent taxable years.
                            ``(iv) Determining deduction under section
                        170.--Qualified charitable distributions shall
                        not be taken into account in determining the
                        deduction under section 170.
                            ``(v) Required minimum distributions.--The
                        entire amount of a qualified charitable
                        distribution shall be taken into account for
                        purposes of section 401(a)(9).
                    ``(H) Termination with respect to split-entities.--
                Subparagraph (A) shall not apply to a distribution to a
                split-interest entity after December 31, 2020.''.
    (b) Effective Date.--The amendment made by this section shall apply
to distributions made in taxable years ending after the date of the
enactment of this Act.

Summary: Legacy IRA Act This bill amends the Internal Revenue Code to expand the tax exclusion for distributions from individual retirement accounts (IRAs) for charitable purposes. The bill increases from $100,000 to $400,000 the annual limit on the aggregate amount of distributions for charitable purposes that may be excluded from the gross income of a taxpayer. The bill permits tax-free distributions from IRAs to a split-interest entity until December 31, 2020. A split-interest entity is exclusively funded by charitable distributions and includes: a charitable remainder annuity trust, a charitable remainder unitrust, or a charitable gift annuity. A charitable gift annuity must commence fixed payments of at least 5 no later than one year from the date of funding. A distribution to a split-interest entity may only be treated as a qualified charitable distribution if: (1) no person holds an income interest in the entity other than the individual for whose benefit the account is maintained, the spouse of such individual, or both. And (2) the income interest in the entity is nonassignable. The bill limits the exclusion annually to: $100,000 for distributions to charitable organizations, and $400,000 for distributions to split-interest entities. Tax-free distributions to a split-interest entity may be made when the account beneficiary attains age 65.

Legacy IRA Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Smoking Prevention,
Health, and Learning Trust Fund Act of 1999''.

SEC. 2. AUTHORITY TO WAIVE RECOUPMENT UNDER THE MEDICAID PROGRAM OF
              TOBACCO-RELATED FUNDS.

    (a) In General.--Section 1903(d)(3) of the Social Security Act (42
U.S.C. 1396b(d)(3)) is amended--
            (1) by inserting ``(A)'' before ``The''; and
            (2) by adding at the end the following:
    ``(B) Subparagraph (A) and paragraph (2)(B) shall not apply to any
amount recovered or paid to a State as part of the comprehensive
settlement of November 1998 between manufacturers of tobacco products
(as defined in section 5702(d) of the Internal Revenue Code of 1986)
and States, or as part of any individual State settlement or judgment
reached in litigation initiated or pursued by a State against one or
more such manufacturers, if the Secretary finds that the following
conditions are met:
            ``(i) Subject to subparagraph (C), with respect to any
        fiscal year, the State demonstrates, through a plan submitted
        to, and approved by, the Secretary, that 50 percent of amounts
        so recovered or paid (in this subparagraph referred to as the
        `Federal share') during the fiscal year shall be expended
        consistent with the following:
                    ``(I) At least 35 percent of the Federal share
                shall be expended on one or more of the tobacco use
                prevention programs described in subparagraph (D).
                    ``(II) Subject to subparagraph (F), the remainder
                of the Federal share (determined after the application
                of subclause (I)) shall be expended on one or more of
                the health care and early learning programs described
                in subparagraph (E).
            ``(ii) With respect to any fiscal year--
                    ``(I) the level of funds expended by the State
                (determined without regard to any portion of the
                Federal share expended by the State) for any program on
                which a portion of the Federal share is to be expended
                is not less than the level of funds expended by the
                State during the most recent State fiscal year ending
                before the date on which the State first recovered or
                received any funds pursuant to a settlement or judgment
                described in this subparagraph; and
                    ``(II) an amount equal to the Federal share is used
                to supplement and not supplant the level of funds
                expended by the State for any such program during such
                State fiscal year.
            ``(iii) The State files with the Secretary an annual report
        that, with respect to a fiscal year--
                    ``(I) details how the Federal share of the amounts
                so recovered or paid has been spent consistent with
                clause (i); and
                    ``(II) identifies, with respect to each program
                funded in accordance with clause (i) (and, if
                applicable, subparagraph (F))--
                            ``(aa) the amount of additional
                        expenditures made for each such program;
                            ``(bb) the number of additional individuals
                        participating in the program and the nature of
                        the services provided; and
                            ``(cc) such other information as the
                        Secretary determines is necessary.
    ``(C) If any State can demonstrate to the Secretary that the
Federal share of the total amount expended by the State under this
title to treat tobacco-induced illnesses is less than 50 percent of the
total amount recovered or paid to the State as a result of a settlement
or judgment described in subparagraph (B), clause (i) of that
subparagraph shall be applied by substituting for `50 percent' the
percentage so demonstrated by the State.
    ``(D) For purposes of subparagraph (B)(i)(I), tobacco use
prevention programs described in this subparagraph are the following:
            ``(i) Counter-advertising programs to discourage tobacco
        use.
            ``(ii) Smoking cessation programs.
            ``(iii) School-based tobacco use prevention programs.
            ``(iv) Community-based tobacco use prevention programs.
            ``(v) Programs to enforce prohibitions on the sale of
        tobacco products to youth.
            ``(vi) Other State-initiated programs to deter tobacco use
        and assist individuals suffering from nicotine addiction or
        smoking-induced disease.
    ``(E) For purposes of subparagraph (B)(i)(II), health care and
early learning programs described in this subparagraph are the
following:
            ``(i) Community health centers that receive funds under
        section 330 of the Public Health Service Act (42 U.S.C. 254b).
            ``(ii) Prescription drug assistance programs to help senior
        citizens pay for pharmaceuticals.
            ``(iii) The State Children's Health Insurance Program
        established under title XXI.
            ``(iv) Maternal and child health services provided under
        title V.
            ``(v) The Child Care and Development Block Grant Act of
        1990 (42 U.S.C. (42 U.S.C. 9858 et seq.).
            ``(vi) The Safe and Drug-Free Schools and Communities
        Program under title IV of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 7101 et seq.).
            ``(vii) State-initiated programs approved by the Secretary
        to--
                    ``(I) make health insurance available to the
                uninsured;
                    ``(II) provide health services to the underserved
                or uninsured;
                    ``(III) reduce public health risks; or
                    ``(IV) support medical research and expand access
                to clinical trials for individuals with serious
                illnesses.
            ``(viii) State-initiated programs approved by the Secretary
        to--
                    ``(I) award grants to communities for the creation,
                improvement, and expansion of early childhood education
                opportunities; or
                    ``(II) serve the educational and developmental
                needs of children 5 years of age or younger.
    ``(F) In the case of any State that is a tobacco-growing State, the
State may use up to 25 percent of the remainder of the Federal share
(determined after the application of subparagraph (B)(i)(I)) for
programs to assist tobacco farmers and tobacco workers who have
sustained an adverse financial impact as a direct result of a
settlement or judgment described in subparagraph (B).
    ``(G) Amounts provided to a State under any provision of law
referred to in subparagraph (D) or (E) shall not be reduced solely as a
result of the availability of funds recovered or received pursuant to a
settlement or judgment described in subparagraph (B).
    ``(H) If the Secretary determines that amounts described in
subparagraph (B)(i) are not being spent in accordance with
subparagraphs (D), (E), and, as applicable, (C) and (F), or that a
State has failed to comply with the requirements of clauses (ii) and
(iii) of subparagraph (B), subparagraph (A) and paragraph (2)(B) shall
apply to such amounts and the Secretary shall take appropriate action
to offset such amounts from the amounts otherwise paid to the State
under this title.''.
    (b) Prohibition on Payment for Administrative Expenses Incurred in
Pursuing Tobacco Litigation.--Section 1903(i) of the Social Security
Act (42 U.S.C. 1396b(i)) is amended--
            (1) in paragraph (18), by striking the period and inserting
        ``; or''; and
            (2) by inserting after paragraph (18) the following:
            ``(19) with respect to any amount expended on
        administrative costs to initiate or pursue litigation against
        one or more manufacturers of tobacco products (as defined in
        section 5702(d) of the Internal Revenue Code of 1986).''.
    (c) Effective Date.--The amendments made by this section apply to
amounts recovered or paid to a State before, on, or after the date of
enactment of this Act.

Summary: Provides that: (1) if the Secretary determines that recovered amounts are not being spent accordingly the Secretary shall take appropriate action to offset such amounts from the amounts otherwise paid to the State under Medicaid. And (2) payment for administrative expenses incurred in pursuing tobacco litigation is prohibited. Makes this Act effective with regard to amounts recovered or paid to a State before, on, or after the enactment of this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SCHIP Enhancement Act of 2001''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The State children's health insurance program (SCHIP)
        established under title XXI of the Social Security Act (42
        U.S.C. 1397aa et seq.) currently limits coverage of children
        under that program to children whose family income does not
        exceed 200 percent of the Federal poverty line or 50 percentage
        points above the State's medicaid applicable income level.
            (2) Three million uninsured children (over 1 of every 4
        such children) have family incomes that exceed 200 percent of
        the Federal poverty line, and 1,400,000 of those uninsured
        children would be provided health insurance coverage if the
        income eligibility level for SCHIP were increased to 300
        percent of the Federal poverty line.

SEC. 3. STATE OPTION TO EXPAND INCOME ELIGIBILITY UNDER SCHIP.

    (a) Definition of Low-Income Child.--Section 2110(c)(4) of the
Social Security Act (42 U.S.C. 42 U.S.C. 1397jj(c)(4)) is amended--
            (1) by striking ``The term'' and inserting the following:
                    ``(A) In general.--The term''; and
            (2) by adding at the end the following new subparagraph:
                    ``(B) State option to expand eligibility.--
                            ``(i) In general.--A State may elect
                        through a plan amendment to apply subparagraph
                        (A) as if `300 percent' were substituted for
                        `200 percent'.
                            ``(ii) No effect on determination of
                        section 2104 allotments.--An election under
                        clause (i) shall have no effect on the
                        determination of a State's allotment under
                        subsection (b) or (c) of section 2104.''.
    (b) Effective Date.--The amendments made by subsection (a) apply to
child health assistance provided on or after October 1, 2001.

SEC. 4. ADDITIONAL ALLOTMENTS FOR STATES THAT EXPAND INCOME ELIGIBILITY
              UNDER SCHIP.

    (a) In General.--Title XXI of the Social Security Act (42 U.S.C.
1397aa et seq.) is amended by adding at the end the following new
section:

``SEC. 2111. ADDITIONAL ALLOTMENTS FOR STATES THAT OPT TO EXPAND INCOME
              ELIGIBILITY.

    ``(a) Eligibility for Additional Allotments.--A State that, not
later than December 31 of any fiscal year, meets the following
requirements shall be eligible for the additional allotments determined
for the State under subsection (b) for that fiscal year:
            ``(1) Increase in income eligibility.--The State submits to
        the Secretary a certification by the chief executive officer of
        the State that, during the fiscal year, the State child health
        plan (whether implemented under title XIX or under this title)
        will have an income standard for children that is at least--
                    ``(A) with respect to the additional allotment
                determined under subsection (b)(1), 250 percent of the
                poverty line; and
                    ``(B) with respect to the additional allotment
                determined under subsection (b)(2), 300 percent of the
                poverty line.
            ``(2) Submission of information required for certain uses
        of the additional allotment.--In the case of a State that
        intends to use the additional allotment provided under
        subsection (b)(2) for the purpose described in subsection
        (c)(3), the State submits to the Secretary a description of the
        reasonable planning and implementation costs the State expects
        to incur in providing premium assistance for family coverage
        under an employer-sponsored group health plan in accordance
        with subsection (d).
    ``(b) Determination of Additional Allotments.--
            ``(1) States that increase income standard to 250
        percent.--With respect to $617,000,000 of the amount available
        for the additional allotments under subsection (e) for a fiscal
        year, the Secretary shall allot an amount to each State with a
        State child health plan approved under this title that
        satisfies the requirements of paragraph (1)(A) and, if
        applicable, paragraph (2) of subsection (a)--
                    ``(A) in the case of such a State other than a
                commonwealth or territory described in subparagraph
                (B), an amount determined to bear the same ratio to
                $617,000,000 as the State's allotment under section
                2104(b) (determined without regard to section 2104(f))
                bears to 98.95 percent of the total amount of the
                allotments determined under section 2104(b) for such
                States for such fiscal year; and
                    ``(B) in the case of a commonwealth or territory
                described in section 2104(c)(3), determined to bear the
                same ratio to $617,000,000 as the commonwealth's or
                territory's allotment under section 2104(c) (determined
                without regard to section 2104(f)) bears to 1.05
                percent of the total amount of the allotments
                determined under section 2104(c) for commonwealths and
                territories for such fiscal year.
            ``(2) States that increase income standard to 300
        percent.--
                    ``(A) In general.--With respect to $383,000,000 of
                the amount available for the additional allotments
                under subsection (e) for a fiscal year, the Secretary
                shall allot an amount to each State with a State child
                health plan approved under this title that satisfies
                the requirements of paragraph (1)(B) and, if
                applicable, paragraph (2) of subsection (a) determined
                in the same manner as the additional allotments under
                paragraph (1).
                    ``(B) Allotments in addition to 250 percent
                allotments.--The allotments provided under this
                paragraph to a State shall be in addition to the
                allotments provided to the State under paragraph (1).
            ``(3) Availability.--
                    ``(A) 3-year availability.--Except as provided in
                subparagraph (B), amounts allotted to a State under
                paragraph (1) and, if applicable, paragraph (2) for a
                fiscal year shall remain available for expenditure by
                the State through the end of the second succeeding
                fiscal year.
                    ``(B) Return of unused allotments.--The allotments
                set-aside under paragraphs (1) and (2) for a fiscal
                year for any State that has not met the requirements of
                subsection (a) on January 1 of that fiscal year shall
                be returned to the Treasury.
    ``(c) Use of Additional Allotments.--The additional allotments
provided under subsection (b) to a State for a fiscal year may be--
            ``(1) combined with the State's allotment for the fiscal
        year determined under section 2104 and used to provide child
        health assistance to all targeted low-income children under the
        State child health plan; or
            ``(2) used for--
                    ``(A) a premium assistance program under which the
                State pays part of the premiums for coverage of a child
                who is eligible for child health assistance under group
                health insurance or a group health plan in accordance
                with subsection (d); and
                    ``(B) reasonable planning and implementation costs
                specified by the State under subsection (a)(2) without
                regard to the limitation on such costs under section
                2105(c)(2)(A).
    ``(d) Premium Assistance for Family Coverage Under an Employer-
Sponsored Group Health Plan.--The additional allotments provided under
subsection (b) to a State for a fiscal year may be used for a premium
assistance program that meets the following requirements:
            ``(1) The premium assistance program is cost-effective.
            ``(2) The State provides assurances that a child provided
        such assistance will receive the minimum benefits and cost-
        sharing protections established under this title either through
        the employer-sponsored group health plan or as a supplement to
        such coverage.
            ``(3) Employees eligible for employer-sponsored health
        coverage apply for the full premium contribution available from
        the employer.
            ``(4) The State evaluates the amount of substitution that
        occurs as a result of the premium assistance program and the
        effect of the program on access to health coverage.
    ``(e) Appropriation.--For the purpose of providing additional
allotments under this section to States that meet the requirements of
subsection (a), there is appropriated, out of any money in the Treasury
not otherwise appropriated, for each of fiscal years 2002 through 2011,
$1,000,000,000.''.

SEC. 5. EVALUATION AND REPORT ON PREMIUM ASSISTANCE FOR FAMILY
              COVERAGE.

    (a) In General.--The Secretary of Health and Human Services shall
conduct an evaluation of any premium assistance programs conducted with
the allotments provided to States under section 2111(b) of the Social
Security Act (as added by section 4). Such evaluation shall identify
any implementation problems with the provision of such assistance and
whether the assistance has supplanted health insurance coverage that
otherwise would be provided to such children.
    (b) Report.--Not later than January 1, 2006, the Secretary of
Health and Human Services shall submit to Congress a report on the
evaluation conducted under subsection (a), together with any
recommendations for legislation that the Secretary determines to be
appropriate as a result of such evaluation.

Summary: SCHIP Enhancement Act of 2001 - Amends title XXI (SCHIP) of the Social Security Act (SSA) to give States the option to expand income eligibility under SCHIP to children whose family income totals up to 300 percent of the Federal poverty line. Provides for additional allotments for States that expand income eligibility under SCHIP, allowing such allotments to be used for premium assistance for family coverage under an employee-sponsored group health plan.

A bill to amend title XXI of the Social Security Act to expand the provision of child health assistance to children with family income up to 300 percent of poverty.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Criminal Terrorism Improvements Act
of 2006''.

SEC. 2. TERRORIST OFFENSE RESULTING IN DEATH.

    (a) New Offense.--Chapter 113B of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2339E. Terrorist offenses resulting in death
    ``(a) Whoever, in the course of committing a terrorist offense,
engages in conduct that results in the death of a person, shall be
punished by death or imprisoned for any term of years or for life.
    ``(b) As used in this section, the term `terrorist offense' means--
            ``(1) a felony offense that is--
                    ``(A) a Federal crime of terrorism as defined in
                section 2332b(g), other than an offense under section
                1363; or
                    ``(B) an offense under this chapter, section 175,
                175b, 229, or 831, or section 236 of the Atomic Energy
                Act of 1954; or
            ``(2) a Federal offense that is an attempt or conspiracy to
        commit an offense described in paragraph (1).''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 113B of title 18, United States Code, is amended by adding at
the end the following new item:

``2339E. Terrorist offenses resulting in death.''.

SEC. 3. DEATH PENALTY FOR CERTAIN TERROR RELATED CRIMES.

    (a) Participation in Nuclear and Weapons of Mass Destruction
Threats to the United States.--Section 832(c) of title 18, United
States Code, is amended by inserting ``punished by death if death
results to any person from the offense, or'' after ``shall be''.
    (b) Missile Systems to Destroy Aircraft.--Section 2332g(c)(3) of
title 18, United States Code, is amended by inserting ``punished by
death or'' after ``shall be''.
    (c) Atomic Weapons.--The last sentence of section 222 b. of the
Atomic Energy Act of 1954 (42 U.S.C. 2272) is amended by inserting
``death or'' before ``imprisonment for life'' the last place it
appears.
    (d) Radiological Dispersal Devices.--Section 2332h(c)(3) of title
18, United States Code, is amended by inserting ``death or'' before
``imprisonment for life''.
    (e) Variola Virus.--Section 175c(c)(3) of title 18, United States
Code, is amended by inserting ``death or'' before ``imprisonment for
life''.

SEC. 4. INCREASE IN CERTAIN PENALTIES.

    (a) Section 2332(b)(1).--Section 2332(b)(1) of title 18, United
States Code, is amended by striking ``20 years'' and inserting ``30
years''.
    (b) Section 2332(c).--Section 2332(c) of title 18, United States
Code, is amended by striking ``ten years'' and inserting ``20 years''.
    (c) Section 2339C(d).--Section 2339C(d) of title 18, United States
Code, is amended--
            (1) in paragraph (1), by striking ``20 years'' and
        inserting ``30 years''; and
            (2) in paragraph (2), by striking ``10 years'' and
        inserting ``20 years''.

SEC. 5. MODERNIZATION OF STATE OF MIND REQUIREMENT FOR SECTION 2339C
              OFFENSES.

    Section 2339C of title 18, United States Code, is amended by
striking ``unlawfully and wilfully'' and inserting ``knowingly''.

SEC. 6. PROVIDING MATERIAL SUPPORT TO TERRORIST GROUPS.

    (a) Providing Material Support to Terrorists.--Section 2339A(a) of
title 18, United States Code, is amended by striking ``, imprisoned not
more than 15 years,'' and all that follows through ``life.'' and
inserting ``and imprisoned for not less than 10 years or for life, and,
if the death of any person results, shall be imprisoned for not less
than 30 years or for life.''.
    (b) Receiving Military-Type Training From a Foreign Terrorist
Organization.--Section 2339D of title 18, United States Code, is
amended by striking ``or imprisoned for ten years, or both.'' and
inserting ``and imprisoned for not less than 3 years and not more than
15 years.''.

SEC. 7. DENIAL OF FEDERAL BENEFITS TO CONVICTED TERRORISTS.

    (a) In General.--Chapter 113B of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2339F. Denial of Federal benefits to terrorists
    ``(a) In General.--Any individual who is convicted of a Federal
crime of terrorism (as defined in section 2332b(g)) shall, as provided
by the court on motion of the Government, be ineligible for any or all
Federal benefits for any term of years or for life.
    ``(b) Federal Benefit Defined.--As used in this section, `Federal
benefit' has the meaning given that term in section 421(d) of the
Controlled Substances Act (21 U.S.C. 862(d)).''.
    (b) Table of Sections Amendment.--The table of sections of chapter
113B of title 18, United States Code, is amended by inserting at the
end the following:

``2339F. Denial of Federal benefits to terrorists.''.

SEC. 8. WIRETAP PREDICATE.

    Section 2516(q) of title 18, United States Code, is amended by
striking ``section 2332'' and all that follows through ``2339C'' and
inserting ``chapter 113B''.

SEC. 9. ADDITION OF ATTEMPTS AND CONSPIRACIES TO AN OFFENSE RELATING TO
              MILITARY TRAINING.

    Section 2339D of title 18, United States Code, is amended by
inserting ``, or attempts or conspires to receive,'' after
``receives''.

Summary: Criminal Terrorism Improvements Act of 2006 - Amends the federal criminal code to impose the death penalty or life imprisonment on individuals who cause the death of a person while committing a terrorist act. Authorizes the death penalty for: (1) developing, possessing, or threatening to use radiological weapons against a person or against US property. (2) causing the death of an individual by using missile systems designed to destroy aircraft, by using radiological dispersal devices, or by using the variola virus. And (3) use of atomic weapons with intent to injure the United States. Increases criminal penalties for: (1) attempting or conspiring to kill a US national. (2) engaging in physical violence with the intent to injure a US national. (3) financing terrorism or concealing assets to be used for terrorist activities. And (4) providing material support to terrorists or receiving military-type training from a foreign terrorist organization. Amends the crime of receiving military-type training from a foreign terrorist organization to include attempts or conspiracies to receive such training. Denies certain federal benefits to individuals convicted of a federal crime of terrorism. Expands the authorization for interception of communications (wiretapping) to include all federal crimes of terrorism.

To amend title 18, United States Code, to improve the criminal law relating to terrorism, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Block Access to North Korea Act of
2016'' or ``BANK Act of 2016''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) North Korea continues to develop a ballistic missile
        and nuclear weapons program, despite numerous United States and
        international sanctions, including United Nations Security
        Council Resolutions 1695, 1718, 1874, 2087, 2094, and 2270,
        among others.
            (2) North Korea tested its fifth and largest nuclear device
        on September 9, 2016.
            (3) North Korea has increased the pace of its missile
        testing, including the test of a submarine-launched ballistic
        missile, potentially furthering the development of a second-
        strike capability.
            (4) North Korea has persistently demonstrated an
        unwillingness to meaningfully negotiate with the United States
        regarding denuclearization.
            (5) By its actions and continued investments in its nuclear
        program, it is clear that the Government of North Korea has no
        intention to reduce or eliminate its nuclear weapons program.
            (6) Specialized financial messaging services allow for
        messaging and contact, including the transfer of funds, between
        financial institutions.
            (7) The Central Bank of the Democratic People's Republic of
        Korea and certain other financial institutions are currently
        able to avail themselves to financial messaging systems which
        could be used in funding the North Korean nuclear program.
            (8) Experts link North Korea to the hacking of specialized
        financial messaging institutions, resulting in the theft of
        $81,000,000 from the central bank of Bangledesh.
            (9) North Korean provocations continue to endanger its
        citizens, those of United States allies, and those of
        Americans.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) providers of specialized financial messaging services
        are a critical link to the international financial system;
            (2) directly providing specialized financial messaging
        services to, or enabling or facilitating direct or indirect
        access to such messaging services for, any financial
        institution is inconsistent with paragraph 11 of the United
        Nations Security Council Resolution 2094; and
            (3) the United States reaffirms its commitment to its
        allies in the region, including the Republic of Korea and
        Japan, which are directly threatened by North Korea.

SEC. 4. AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH RESPECT TO THE
              PROVISION OF SPECIALIZED FINANCIAL MESSAGING SERVICES TO
              THE CENTRAL BANK OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF
              KOREA AND CERTAIN OTHER FINANCIAL INSTITUTIONS AND
              SANCTIONED PERSONS.

    (a) In General.--The President shall impose sanctions pursuant to
the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) with respect to a person if, on or after the date that is 90 days
after the date of the enactment of this Act, the person continues to
knowingly and directly provide specialized financial messaging services
to, or knowingly enable or facilitate direct or indirect access to such
messaging services for--
            (1) the Central Bank of the Democratic People's Republic of
        Korea;
            (2) a financial institution that facilitates any
        transaction or transactions or provides significant financial
        services for nuclear development or proliferation for or on
        behalf of North Korea; or
            (3) a person identified on the list of specially designated
        nationals and blocked persons maintained by the Office of
        Foreign Assets Control of the Department of the Treasury by
        reason of assisting the nuclear development or proliferation
        efforts of North Korea.
    (b) Waiver.--The President may waive the requirement to impose
sanctions with respect to a person under subsection (a) if--
            (1) the person is subject to a sanctions regime under its
        governing foreign law that requires it to eliminate the knowing
        provision of such messaging services to, and the knowing
        enabling and facilitation of direct or indirect access to such
        messaging services for, the Central Bank of the Democratic
        People's Republic of Korea, any financial institution described
        in subsection (a)(2), and any person described in subsection
        (a)(3);
            (2) the person has, pursuant to that sanctions regime,
        terminated the knowing provision of such messaging services to,
        and the knowing enabling and facilitation of direct or indirect
        access to such messaging services for, the Central Bank of the
        Democratic People's Republic of Korea, any financial
        institution described in subsection (a)(2), and any person
        described in subsection (a)(3); and
            (3) the President determines that such a waiver is in the
        national interest of the United States.
    (c) Clarification.--For purposes of this section, enabling or
facilitating direct or indirect access to specialized financial
messaging services for the Central Bank of the Democratic People's
Republic of Korea, a financial institution described in subsection
(a)(2), or a person described in subsection (a)(3) includes doing so by
serving as an intermediary financial institution with access to such
messaging services.

Summary: Block Access to North Korea Act of 2016 or BANK Act of 2016 This bill requires the President to impose sanctions pursuant to the International Emergency Economic Powers Act, with specified waiver authority, against a person that continues to knowingly and directly provide specialized financial messaging services to, or to knowingly enable or facilitate access to such messaging services for: the Central Bank of the Democratic People's Republic of Korea , a financial institution that facilitates any transaction or provides significant financial services for nuclear development or proliferation on North Korea's behalf, or a person identified on the list of specially designated nationals and blocked persons maintained by the Department of the Treasury's Office of Foreign Assets Control for assisting North Korea's nuclear development or proliferation efforts.

BANK Act of 2016