SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Liquefied Natural Gas Safety and
Security Act of 2005''.

SEC. 2. SITING OF LIQUEFIED NATURAL GAS IMPORT FACILITIES.

    Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by
adding at the end the following:
    ``(d)(1) Before issuing an order authorizing an applicant to site,
construct, expand, or operate a liquefied natural gas import facility,
the Commission shall require the applicant, in cooperation with the
Commandant of the Coast Guard and State and local agencies that provide
for the safety and security of the liquefied natural gas import
facility and any vessels that serve the facility, to develop a cost-
sharing plan.
    ``(2) A cost-sharing plan developed under paragraph (1) shall
include a description of any direct cost reimbursements that the
applicant agrees to provide to any State and local agencies with
responsibility for security and safety--
            ``(A) at the liquefied natural gas import facility; and
            ``(B) in proximity to vessels that serve the facility.
    ``(e)(1) In this subsection, the term `region' means a census
region designated by the Bureau of the Census as of the date of
enactment of this subsection.
    ``(2) Not later than 90 days after the date of enactment of this
subsection and annually thereafter, the Commission shall--
            ``(A) review all applications for the siting, construction,
        expansion, or operation of a liquefied natural gas import
        facility in a region that are pending with the Commission;
            ``(B) consult with States in the region to identify remote
        sites for the development of potential liquefied natural gas
        import facilities in the region; and
            ``(C) in collaboration with the Commandant of the Coast
        Guard, review--
                    ``(i) any offshore liquefied natural gas projects
                proposed for a region; and
                    ``(ii) other potential offshore sites for the
                development of liquefied natural gas.
    ``(3) Based on the reviews and consultations under paragraph (1),
the Commission shall determine--
            ``(A) whether liquefied natural gas import facilities are
        needed in a region; and
            ``(B) if the Commission determines under subparagraph (A)
        that liquefied natural gas import facilities are needed for a
        region, the number of liquefied natural gas import facilities
        that are needed for the region.
    ``(4) The Commission shall cooperate with the Commandant of the
Coast Guard and States to ensure that--
            ``(A) the Commission approves only the number of liquefied
        natural gas import facilities that are needed for a region, as
        determined under paragraph (3)(B); and
            ``(B) any liquefied natural gas import facilities approved
        under subparagraph (A) are sited in locations that provide
        maximum safety and security to the public.
    ``(f)(1) Notwithstanding any other provision of law, the Commission
shall not issue a final environmental impact statement or similar
analysis required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) with respect to a proposed liquefied natural
gas facility before the date on which--
            ``(A) the applicant completes--
                    ``(i) a security assessment for the proposed
                facility; and
                    ``(ii) a security plan for the proposed facility;
                and
            ``(B) the Commandant of the Coast Guard completes an
        incident action plan that identifies the resources needed to
        support appropriate air, land, and sea security measures during
        the transit and offload of a liquefied natural gas vessel.
    ``(2) The Commission shall incorporate into the final environmental
impact statement or similar analysis the non-security sensitive
components of the incident action plan and all other safety and
security resource requirements identified by the Commandant of the
Coast Guard for a proposed liquefied natural gas import facility.
    ``(g)(1) For purposes of reviewing and approving or disapproving an
application to site, construct, or operate a liquefied natural gas
import facility, the Commission shall--
            ``(A) consult with the State in which the facility is
        proposed to be located; and
            ``(B) comply with all applicable Federal laws, including--
                    ``(i) the National Historic Preservation Act (16
                U.S.C. 470 et seq.);
                    ``(ii) the Coastal Zone Management Act of 1972 (16
                U.S.C. 1451 et seq.);
                    ``(iii) sections 401 and 402(b) of the Federal
                Water Pollution Control Act (33 U.S.C. 1341, 1342(b));
                and
                    ``(iv) sections 107, 111(c), and 116 of the Clean
                Air Act (42 U.S.C. 7401, 7411(c), 7416).
    ``(2) Nothing in this section precludes or denies the right of any
State to review an application to site, construct, or operate a
liquefied natural gas import facility under--
            ``(A) the National Historic Preservation Act (16 U.S.C. 470
        et seq.);
            ``(B) the Coastal Zone Management Act of 1972 (16 U.S.C.
        1451 et seq.);
            ``(C) sections 401 and 402(b) of the Federal Water
        Pollution Control Act (33 U.S.C. 1341, 1342(b)); and
            ``(D) sections 107, 111(c), and 116 of the Clean Air Act
        (42 U.S.C. 7401, 7411(c), 7416).
    ``(3) Notwithstanding any other provision of law, the Commission
shall have no authority to preempt a State permitting determination
with respect to a liquefied natural gas import facility that is made
under Federal or State law.''.

SEC. 3. STANDARDS FOR LIQUEFIED NATURAL GAS PIPELINE FACILITIES.

    Section 60103 of title 49, United States Code, is amended--
            (1) by redesignating subsections (e), (f), and (g) as
        subsections (f), (g), and (h), respectively; and
            (2) by inserting after subsection (d) the following:
    ``(e) Remote Siting Standards.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall promulgate
regulations establishing standards to promote the remote siting of
liquefied natural gas pipeline facilities.''.

SEC. 4. THERMAL AND VAPOR DISPERSION EXCLUSION ZONES.

    As soon as practicable after the date of enactment of this Act, the
Commandant of the Coast Guard shall issue regulations establishing
thermal and vapor dispersion exclusion zone requirements for vessels
transporting liquefied natural gas that are based on sections 193.2057
and 193.2059 of title 49, Code of Federal Regulations (or any successor
regulations).

Summary: Liquefied Natural Gas Safety and Security Act of 2005 - Amends the Natural Gas Act to prohibit the Federal Energy Regulating Commission (FERC) from authorizing an applicant to site, construct, expand, or operate a liquefied natural gas import facility, unless FERC has required the applicant to develop a cost-sharing plan in cooperation with the Commandant of the Coast Guard and State and local agencies that provide for the safety and security of the liquefied natural gas import facility and any vessels that serve it. Requires FERC to review annually all pending applications for the siting, construction, expansion, or operation of a liquefied natural gas import facility in a region and, after consultation with the pertinent States and the Commandant, determine: (1) whether liquefied natural gas import facilities are needed in a region. And (2) the number of liquefied natural gas import facilities so needed. Denies FERC authority to preempt a State permitting determination related to a liquefied natural gas import facility. Amends Federal law governing standards for liquefied natural gas pipeline facilities to direct the Secretary of Transportation to promulgate regulations establishing standards to promote the remote siting of liquefied natural gas pipeline facilities. Directs the Commandant to issue regulations establishing thermal and vapor dispersion exclusion zone requirements for vessels transporting liquefied natural gas.

A bill to amend the Natural Gas Act to provide additional requirements for the siting, construction, or operation of liquefied natural gas import facilities.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veteran Care Agreements Rule
Enhancement Act'' or the ``Veteran CARE Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is--
            (1) to maintain the access of veterans to high-quality
        hospital care, medical services, and extended care if that care
        is not available directly from the Department of Veterans
        Affairs;
            (2) to continue to allow the use by the Department of
        agreements covered by the Federal Acquisition Regulation and
        agreements that are not covered by such regulation, similar to
        those agreements used under the original Medicare fee-for-
        service program (Medicare Parts A and B), if it is not
        practicable to contract for the care needed by veterans through
        an agreement covered by such regulation;
            (3) to address the fact that individual health care
        providers, especially smaller providers in rural areas, may not
        be willing to accept veterans as patients when doing so would
        require the significant time and administrative requirements in
        connection with entering into agreements with the Department
        that are covered by such regulation;
            (4) to address the deficiencies in current law regarding
        agreements entered into by the Department that have raised
        legal issues; and
            (5) to ensure that agreements that are not covered by such
        regulation include robust terms and conditions that address the
        quality of health care for veterans, oversight of the provision
        of such health care, and protections for taxpayers.

SEC. 3. AUTHORIZATION OF AGREEMENTS BETWEEN THE DEPARTMENT OF VETERANS
              AFFAIRS AND NON-DEPARTMENT HEALTH CARE PROVIDERS.

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

``1703A. Veterans Care Agreements with certain health care
                            providers.''.

SEC. 4. MODIFICATION OF AUTHORITY TO ENTER INTO AGREEMENTS WITH STATE
              HOMES TO PROVIDE NURSING HOME CARE.

    (a) Use of Agreements.--
            (1) In general.--Paragraph (1) of section 1745(a) of title
        38, United States Code, is amended, in the matter preceding
        subparagraph (A), by striking ``a contract (or agreement under
        section 1720(c)(1) of this title)'' and inserting ``an
        agreement''.
            (2) Payment.--Paragraph (2) of such section is amended by
        striking ``contract (or agreement)'' each place it appears and
        inserting ``agreement''.
    (b) Exclusion of Certain Federal Contracting Provisions.--Such
section is amended by adding at the end the following new paragraph:
    ``(4)(A) An agreement under this section may be entered into
without regard to any law that would require the Secretary to use
competitive procedures in selecting the party with which to enter into
the agreement.
    ``(B)(i) Except as provided in clause (ii) and unless otherwise
provided in this section or regulations prescribed pursuant to this
section, a State home that enters into an agreement under this section
is not subject to, in the carrying out of the agreement, any law that
providers of services and suppliers under the Medicare program under
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) are not
subject to.
    ``(ii) An eligible provider that enters into an agreement under
this section is subject to--
            ``(I) all laws regarding integrity, ethics, fraud, or that
        subject a person to civil or criminal penalties; and
            ``(II) all laws that protect against employment
        discrimination or that otherwise ensure equal employment
        opportunities.''.
    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall
        apply to agreements entered into under section 1745 of such
        title on and after the date on which the regulations prescribed
        by the Secretary of Veterans Affairs to implement such
        amendments take effect.
            (2) Publication.--The Secretary shall publish the date
        described in paragraph (1) in the Federal Register not later
        than 30 days before such date.

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

Veteran CARE Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Desalination Energy Consumption
Reduction Act of 2006''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Qualified desalination facility.--The term ``qualified
        desalination facility'' means a facility that--
                    (A) produces for sale to domestic customers
                desalinated seawater, brackish groundwater, or surface
                water whose source water is greater than 1000
                milligrams per liter total dissolved solids;
                    (B) is owned or operated by--
                            (i) a State or any political subdivision,
                        agency, authority, or instrumentality of a
                        State;
                            (ii) an Indian tribe; or
                            (iii) a corporation responsible for
                        providing municipal water service pursuant to
                        State or tribal law;
                    (C) is first used to produce commercial desalinated
                water for sale during the 10-year period beginning on
                October 1 of the first fiscal year occurring after the
                date of enactment of this Act; and
                    (D) uses the best available technology as
                determined by the Secretary.
            (2) Indian tribe.--The term ``Indian tribe'' has the
        meaning given that term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.
            (4) State.--The term ``State'' means the several States,
        the District of Columbia, Puerto Rico, American Samoa, the
        Virgin Islands, Guam, and the Northern Mariana Islands.

SEC. 3. DESALINATED WATER ENERGY CONSUMPTION REDUCTION INCENTIVE
              PAYMENTS.

    (a) Incentive Payments.--The Secretary shall make incentive
payments in an amount determined under subsection (d) to the owners of
qualified desalination facilities to encourage the utilization of the
best available technology to reduce the consumption of electrical
energy in the desalination process.
    (b) Agreement; Deadline.--The Secretary may not make any payment to
the owner or operator of a quailfied desalination facility under this
section unless, not later than the end of fiscal year 2018, the
Secretary enters into a written agreement with the owner or operator to
make such payment.
    (c) Payment Period.--The Secretary may make payments to the owner
or operator of a qualified desalination facility under this section for
a period not to exceed 10 years--
            (1) beginning on the date on which the facility is first
        used to produce desalinated water; and
            (2) ending not later than September 30, 2028.
    (d) Amount of Payment.--
            (1) In general.--Payments made by the Secretary under this
        section to the owner or operator of any qualified desalination
        facility shall be based on the amount of electrical energy
        conserved by the facility below the benchmarks included in the
        formula established under paragraph (2) during the payment
        period described in subsection (c), adjusted as provided in
        paragraph (3).
            (2) Base payment.--The Secretary shall establish a formula
        for making incentive payments to owners of qualified
        desalination facilities producing potable water from source
        waters ranging from 1,000 to 35,000 milligrams per liter total
        dissolved solids or more. The payment shall range from 30 cents
        per 1,000 gallons of potable water produced for any facility
        that can demonstrate a savings of .25 kilowatt hours per gallon
        to 90 cents per 1,000 gallons of potable water produced for any
        facility that can demonstrate a savings of 4.75 kilowatt hours
        per gallon from a benchmark for energy consumption by such
        facilities that ranges along a linear scale from 1.8 kilowatt
        hours per gallon for facilities utilizing source water of 1,000
        milligrams per liter total dissolved solids to 14 kilowatt
        hours per gallon for facilities utilizing source water of
        35,000 milligrams per liter total dissolved solids or more.
            (3) Adjustments.--In the case of any payment made to any
        person under this subsection in a fiscal year beginning after
        calendar year 2008, the amount of such payment shall be
        adjusted by multiplying such amount by the inflation adjustment
        factor (determined under section 45K(d)(2) of the Internal
        Revenue Code of 1986 by substituting ``2008'' for ``1979'' in
        subparagraph (B) thereof) for the calendar year in which the
        payment is made.
    (e) Application.--The Secretary may not make a grant to the owner
or operator of a qualified desalination facility under this section
unless the facility submits an application to the Secretary in such
form, at such time, and containing such information and assurances as
the Secretary may require. Further, as a part of the application the
applicant shall provide a written assurance to the Secretary that the
financial benefit of any incentive payments received by the applicant
will be utilized for the benefit of the rate payers.
    (f) Limitation.--In any fiscal year not more than 60 percent of the
funds made available by the Secretary under this section shall be made
available to the owners or operators of qualified desalination
facilities that obtain source water directly from the sea, an estuary,
or from in-bank extraction wells that are of seawater origin.
    (g) Priority.--In awarding incentive payments under this section,
the Secretary shall give priority to any application for a project
that--
            (1) uses innovative technologies to reduce the energy
        demand of the project;
            (2) uses renewable energy supplies in the desalination
        process;
            (3) provides regional water supply benefits;
            (4) provides a secure source of new water supplies for
        national defense activities;
            (5) reduces the threat of a water supply disruption as a
        result of a natural disaster or acts of terrorism;
            (6) uses technologies that minimize the damage to marine
        life; or
            (7) provides significant water quality benefits.
    (h) Budget Act Compliance.--The authority provided by this section
may be exercised only in such amounts or to such extent as is provided
in advance in appropriations Acts.
    (i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $200,000,000 to carry out this section
for the period encompassing fiscal years 2008 through 2018.

Summary: Desalination Energy Consumption Reduction Act of 2006 - Requires the Secretary of Energy to make specified incentive payments to the owners of qualified desalination facilities for up to ten years to encourage the utilization of the best available technology to reduce the consumption of electrical energy in the desalination process. Limits to 60 the amount of available funds to be provided to facilities that obtain source water directly from the sea, an estuary, or from in-bank extraction wells that are of seawater origin. Directs the Secretary, in awarding incentive payments, to give priority to projects that: (1) use innovative technologies to reduce its energy demand, (2) use renewable energy supplies, (3) provide regional water supply benefits. (4) provide a secure source of new water supplies for national defense activities. (5) reduce the threat of a water supply disruption as a result of a natural disaster or acts of terrorism, (6) use technologies that minimize the damage to marine life, or (7) provide significant water quality benefits.

To authorize the Secretary of Energy to make energy consumption reduction incentive payments to encourage the utilization of the best available technology in the development of desalination facilities, and other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Readjustment Counseling Service
Amendments of 1993''.

SEC. 2. ORGANIZATION OF THE READJUSTMENT COUNSELING SERVICE IN THE
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 7305 of title 38, United States Code, is
amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following new
        paragraph (7):
            ``(7) A Readjustment Counseling Service.''.
    (b) Organization.--The Readjustment Counseling Service shall have
the organizational structure and administrative structure of that
service as such structures were in existence on January 1, 1993.
    (c) Revision of Organizational Structure.--(1) The Secretary of
Veterans Affairs may not alter or revise the organizational structure
or the administrative structure of the Readjustment Counseling Service
until--
            (A) the Secretary has submitted to the Committees on
        Veterans' Affairs of the Senate and House of Representatives a
        report containing a full and complete statement of the proposed
        alteration or revision; and
            (B) a period of 60 days has elapsed after the date on which
        the report is received by the committees.
    (2) In the computation of the 60-day period under paragraph (1)(B),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 calendar days
to a day certain.
    (d) Budget Information Relating to the Service.--Each budget
submitted to the Congress by the President under section 1105 of title
31, United States Code, shall set forth the amount requested in the
budget for the operation of the Readjustment Counseling Service in the
fiscal year covered by the budget and shall set forth separately the
amount requested for administrative oversight of the activities of the
service (including the amount requested for funding of the Advisory
Committee on Veteran Readjustment Counseling).

SEC. 3. DIRECTOR OF THE READJUSTMENT COUNSELING SERVICE.

    (a) Director.--Section 7306(b) of title 38, United States Code, is
amended--
            (1) by striking out ``and'' at the end of paragraph (2);
            (2) by striking out the period at the end of paragraph (3)
        and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following:
            ``(4) one shall be a person who (A)(i) is a qualified
        psychiatrist, (ii) is a qualified psychologist holding a
        diploma as a doctorate in clinical or counseling psychology
        from an authority approved by the American Psychological
        Association and has successfully undergone an internship
        approved by that association, (iii) is a qualified holder of a
        master in social work degree, or (iv) is a registered nurse
        holding a master of science in nursing degree in psychiatric
        nursing or any other mental-health related degree approved by
        the Secretary, and (B) has at least 3 years of clinical
        experience and 2 years of administrative experience in the
        Readjustment Counseling Service or other comparable mental
        health care counseling service (as determined by the
        Secretary), who shall be the director of the Readjustment
        Counseling Service.''.
    (b) Organizational Requirement.--The Director of the Readjustment
Counseling Service shall report to the Under Secretary for Health
through the Associate Deputy Under Secretary for Health for Clinical
Programs.

SEC. 4. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND
              CERTAIN RELATED COUNSELING SERVICES.

    (a) Readjustment Counseling.--(1) Subsection (a) of section 1712A
of title 38, United States Code, is amended to read as follows:
    ``(a) Upon the request of any veteran, the Secretary shall, within
the limits of Department facilities, furnish counseling to such veteran
to assist such veteran in readjusting to civilian life. Such counseling
shall include a general mental and psychological assessment to
ascertain whether such veteran has mental or psychological problems
associated with readjustment to civilian life.''.
    (2) Subsection (c) of such section is repealed.
    (b) Other Counseling.--Such section is further amended by inserting
after subsection (b) the following new subsection (c):
    ``(c) The Secretary may provide the counseling services described
in section 1701(6)(B)(ii) of this title to the surviving parents,
spouse, and children of any member of the Armed Forces who dies while
serving on active duty or from a condition (as determined by the
Secretary) incurred in or aggravated by such service.''.
    (c) Authority To Contract for Counseling Services.--Subsection (e)
of such section is amended by striking out ``subsections (a) and (b)''
each place it appears and inserting in lieu thereof ``subsections (a),
(b), and (c)''.

SEC. 5. CONFIDENTIALITY OF PATIENT RECORDS IN THE READJUSTMENT
              COUNSELING SERVICE.

    (a) In General.--Notwithstanding any other provision of law, the
records of the identity, diagnosis, prognosis, or treatment of any
patient or subject of the Readjustment Counseling Service of the
Department of Veterans Affairs, or of any patient or subject provided
readjustment counseling services under a contract with the Department,
may be disclosed only as follows:
            (1) By written consent of the patient or subject, only for
        the purpose for which such consent is granted.
            (2) To medical personnel to the extent necessary to meet a
        bona fide medical emergency.
            (3) To personnel of the Department other than personnel of
        the service, if such disclosure is determined by an appropriate
        member of the service to be necessary to avert an imminent
        danger to the patient or subject, or to another person.
            (4) If authorized by an appropriate order of a court of
        competent jurisdiction granted after application showing good
        cause therefor (with such cause to be determined according to
        the elements set forth in section 7332(b)(2)(D) of title 38,
        United States Code).
    (b) Fines.--Any person who violates a provision of subsection (a)
shall be fined in accordance with subsections (f) and (g) of section
7332 of title 38, United States Code.

SEC. 6. ADVISORY COMMITTEE ON THE READJUSTMENT OF VETERANS.

    (a) In General.--(1) Subchapter II of chapter 17 of title 38,
United States Code, is amended by inserting after section 1712B the
following:
``Sec. 1712C. Advisory Committee on Veteran Readjustment Counseling
    ``(a)(1) There is in the Department the Advisory Committee on
Veteran Readjustment Counseling (hereinafter in this section referred
to as the `Committee').
    ``(2) The Committee shall consist of 18 members--
            ``(A) the members of the Committee shall be appointed by
        the Secretary and shall include individuals who are recognized
        authorities in fields pertinent to the social, psychological,
        economic, or educational readjustment of veterans. An officer
        or employee of the United States may not be appointed as a
        member of the Committee under this paragraph;
            ``(B) at least 12 of whom are veterans of the Vietnam era
        or other period of war; and
            ``(C) who have experience with the provision of veterans
        benefits and services by the Department.
    ``(3) The Secretary shall seek to ensure that members appointed to
the Committee include persons from a wide variety of geographic areas
and ethnic backgrounds, persons from veterans service organizations,
minorities, and women.
    ``(4) The Secretary shall determine the terms of service and pay
and allowances of the members of the Committee, except that a term of
service may not exceed two years. The Secretary may reappoint any
member for additional terms of service.
    ``(b)(1) The Secretary shall, on a regular basis, consult with and
seek the advice of the Committee with respect to the provision by the
Department of benefits and services to veterans in order to assist
veterans in the readjustment to civilian life.
    ``(2)(A) In providing advice to the Secretary under this
subsection, the Committee shall--
            ``(i) assemble and review information relating to the needs
        of veterans in readjusting to civilian life;
            ``(ii) provide information relating to the nature and
        character of psychological problems arising from military
        service;
            ``(iii) provide an on-going assessment of the effectiveness
        of the policies, organizational structures, and services of the
        Department in assisting veterans in readjusting to civilian
        life; and
            ``(iv) provide on-going advice on the most appropriate
        means of responding to the readjustment needs of future
        veterans.
    ``(B) In carrying out its duties under subparagraph (A), the
Committee shall take into special account veterans of the Vietnam era,
and the readjustment needs of such veterans.
    ``(c)(1) Not later than March 31 of each year, the Committee shall
submit to the Secretary a report on the programs and activities of the
Department that relate to the readjustment of veterans to civilian
life. Each such report shall include--
            ``(A) an assessment of the needs of veterans with respect
        to readjustment to civilian life;
            ``(B) a review of the programs and activities of the
        Department designed to meet such needs; and
            ``(C) such recommendations (including recommendations for
        administrative and legislative action) as the Committee
        considers appropriate.
    ``(2) Not later than 90 days after the receipt of each report under
paragraph (1), the Secretary shall transmit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a copy of
the report, together with any comments and recommendations concerning
the report that the Secretary considers appropriate.
    ``(3) The Committee may also submit to the Secretary such other
reports and recommendations as the Committee considers appropriate.
    ``(4) The Secretary shall submit with each annual report submitted
to the Congress pursuant to section 529 of this title a summary of all
reports and recommendations of the Committee submitted to the Secretary
since the previous annual report of the Secretary submitted pursuant to
that section.
    ``(d)(1) Except as provided in paragraph (2), the provisions of the
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the
activities of the Committee under this section.
    ``(2) Section 14 of such Act shall not apply to the Committee.''.
    (2) The table of sections at the beginning of chapter 17 of such
title is amended by inserting after the item relating to section 1712B
the following:

``1712C. Advisory Committee on Veteran Readjustment Counseling.''.
    (b) Original Members.--(1) Notwithstanding subsection (a)(2) of
section 1712C(a)(2) of such title (as added by subsection (a)), the
members of the Advisory Committee on the Readjustment of Vietnam and
Other War Veterans on the date of the enactment of this Act shall be
the original members of the advisory committee recognized under such
section.
    (2) The original members shall so serve until the Secretary of
Veterans Affairs carries out appointments under such subsection (a)(2).
The Secretary shall carry out such appointments as soon after such date
as is practicable. The Secretary may make such appointments from among
such original members.

SEC. 7. PLAN FOR EXPANSION OF VIETNAM VETERAN RESOURCE CENTER PILOT
              PROGRAM.

    (a) Requirement.--(1) The Secretary of Veterans Affairs shall
submit to the Committees on Veterans' Affairs of the Senate and House
of Representatives a plan for the expansion of the Vietnam Veteran
Resource Center program established pursuant to the amendment made by
section 105 of the Veterans' Administration Health-Care Amendments of
1985 (Public Law 99-166; 99 Stat. 944). The plan shall include a
schedule for the implementation of the program at or through all
Department of Veterans Affairs readjustment counseling centers.
    (2) The Secretary shall submit the plan not later than 4 months
after the date of the enactment of this Act.
    (b) Definition.--In this section, the term ``Department of Veterans
Affairs readjustment counseling centers'' has the same meaning given
the term ``center'' in section 1712A(i)(1) of title 38, United States
Code.

SEC. 8. VETERAN CENTER HEALTH-CARE PILOT PROGRAM.

    (a) Program.--(1) Subchapter II of chapter 17 of title 38, United
States Code, is amended by adding at the end the following:
``Sec. 1720E. Veteran center health-care pilot program
    ``(a) The Secretary shall carry out a pilot program for the
provision of health-related services to eligible veterans at
readjustment counseling centers. The Secretary shall carry out the
pilot program in accordance with this section.
    ``(b)(1) In carrying out the pilot program, the Secretary shall--
            ``(A) identify not less than 12 or more than 15
        readjustment counseling centers at which to provide health-
        related services under the pilot program; and
            ``(B) provide such services to eligible veterans at such
        centers in accordance with paragraph (2).
    ``(2)(A) The Secretary shall provide health-related services under
the pilot program as follows:
            ``(i) At five or more readjustment counseling centers
        identified under paragraph (1)(A), by providing not less than
        20 hours per week of basic ambulatory services and health-care
        screening through qualified personnel.
            ``(ii) At five or more such centers, by providing not less
        than 40 hours per week of full-range ambulatory services
        through qualified personnel.
            ``(iii) At two or more such centers, by providing not less
        than 120 hours per week of physician services through qualified
        personnel.
    ``(B) In determining the location of the readjustment counseling
centers at which to provide health-related services under the pilot
program, the Secretary shall select centers that are located in a
variety of geographic areas and that serve veterans of a variety of
economic, social, and ethnic backgrounds.
    ``(c)(1) The Secretary shall commence the provision of health-
related services at readjustment counseling centers under this section
not later than six months after the date of the enactment of the
Readjustment Counseling Service Amendments of 1993.
    ``(2) The pilot program shall terminate two years after the date on
which the Secretary commences the provision of services under paragraph
(1).
    ``(d) For the purposes of this section--
            ``(1) the term `Department general health-care facility'
        has the meaning given such term in section 1712A(i)(2) of this
        title;
            ``(2) the term `eligible veteran' means any veteran
        eligible for outpatient services under paragraph (1), (2), or
        (3) of section 1712(a) of this title; and
            ``(3) the term `readjustment counseling center' has the
        same meaning given the term `center' in section 1712A(i)(1) of
        this title.''.
    (2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1720D the
following:

``1720E. Veteran center health-care pilot program.''.
    (b) Report.--(1) The Secretary of Veterans Affairs shall submit to
Congress a report on the veteran center health-care pilot program
established under section 1720E of title 38, United States Code (as
added by subsection (a)). The report shall include the following:
            (A) A description of the program, including information
        on--
                    (i) the number of veterans provided health-related
                services under the program;
                    (ii) the number of such veterans referred to
                Department of Veterans Affairs general health-care
                facilities in order to provide health care services to
                such veterans; and
                    (iii) the cost to the Department of the program.
            (B) An analysis of the effectiveness of the health-related
        services provided to veterans under the program.
            (C) The recommendations of the Secretary for means of
        improving the program, and an estimate of the cost to the
        Department of implementing such recommendations.
            (D) Such other information as the Secretary considers
        appropriate.
    (2) The Secretary shall submit the report not later than three
months after the termination of the pilot program.

HR 3096 IH----2

Summary: Readjustment Counseling Service Amendments of 1993 - Includes a Readjustment Counseling Service (RCS) as part of the Veterans Health Administration of the Department of Veterans Affairs. Prohibits the Secretary of Veterans Affairs from altering or revising the organizational structure of RCS until he or she has notified specified congressional committees and 60 days have elapsed since such notification. Requires RCS budget information to be included annually in the President's budget submitted to the Congress. Outlines eligibility requirements for one of the Assistant Under Secretaries for Health in the Department, including at least three years of clinical experience and two years of administrative experience in RCS or other comparable mental health care counseling service. Makes such a qualified person the director of RCS. Directs the Secretary, upon the request of any veteran , to furnish counseling in readjusting to civilian life. Allows the provision of counseling to survivors of members of the armed forces who die while serving on active duty or from a condition incurred or aggravated by military service. Provides for the confidentiality of the records of any patient of RCS, permitting disclosure only in specific limited circumstances. Establishes in the Department the Advisory Committee on Veteran Readjustment Counseling to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans. Requires specified reports from the Advisory Committee and the Secretary. Directs the Secretary to report to specified congressional committees a plan for the expansion of the Vietnam Veteran Resource Center program as established under prior law. Directs the Secretary to carry out and report to the Congress on a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers.


SECTION 1. SPECIAL OFFICE OF THE INSPECTOR GENERAL FOR NATURAL DISASTER
              RESPONSE AND RECONSTRUCTION.

    (a) Purposes.--The purposes of this section are as follows:
            (1) To ensure that funds, services, products, and programs
        intended to meet the needs of victims of Hurricane Katrina are
        effectively and efficiently provided by maintaining direct,
        independent and objective conduct of related audits and
        investigations.
            (2) To provide the Inspector General of the Department of
        Homeland Security additional resources capable of making
        recommendations and policies to prevent and detect fraud and
        abuse, and ensure effective administration of programs and
        services related to the aftermath of Hurricane Katrina.
    (b) Definitions.--In this section:
            (1) Affected area.--The term ``affected area'' means any
        area determined in Presidential Disaster Declaration 1603,
        1604, or 1605, issued August 29, 2005, to be adversely affected
        by a major disaster.
            (2) The term ``Inspector General'' means the Inspector
        General of the Department of Homeland Security.
            (3) The term ``Special Office'' means the Special Office of
        the Inspector General for Natural Disaster Response and
        Reconstruction established by this section.
            (4) The term ``Director'' means the Director of the Special
        Office.
    (c) Special Office of the Inspector General for Natural Disaster
Response and Reconstruction.--There is hereby established within the
Office of the Inspector General of the Department of Homeland Security
the Special Office of the Inspector General for Natural Disaster
Response and Reconstruction.
    (d) Director of the Special Office of the Inspector General.--
            (1) In general.--The Director of the Special Office of the
        Inspector General shall be the head of the Special Office and
        shall be appointed by the Inspector General.
            (2) Basis for appointment.--The appointment of the Director
        shall be made solely on the basis of integrity, administrative
        expertise, and demonstrated ability in accounting, auditing,
        financial analysis, law, management analysis, public
        administration, or investigations.
            (3) Deadline for appointment.--The appointment of a
        Director by the Inspector General shall be made not later than
        30 days after the date of the enactment of this Act.
            (4) Basic pay.--The annual rate of basic pay of the
        Director shall be set by the Inspector General, subject to the
        provisions of chapter 51 and subchapter III of chapter 53 or
        title 5, United States Code, governing classification and
        General Schedule pay rates.
    (e) Supervision.--The Director shall report directly to, and be
under the direct authority and general supervision of, the Inspector
General.
    (f) Duties.--
            (1) In general.--It shall be the duty of the Special Office
        to conduct, supervise, and coordinate audits and investigations
        of the treatment, handling, and expenditure of Federal funds by
        any organization providing relief, assistance, or
        reconstruction related to Hurricane Katrina and of the
        programs, operations, and contracts carried out utilizing such
        funds, including--
                    (A) the oversight and accounting of the obligation
                and expenditure of such funds;
                    (B) the monitoring and review of reconstruction
                activities funded by such funds;
                    (C) the monitoring and review of contracts funded
                by such funds;
                    (D) the monitoring and review of the transfer of
                such funds and associated information between and among
                the affected States, departments, agencies, and
                entities of the Federal Government, and private and
                nongovernmental entities; and
                    (E) the maintenance of records on the use of such
                funds to facilitate future audits and investigations of
                the use of such funds.
            (2) Systems, procedure, and controls.--The Director, in
        consultation with the Inspector General, shall establish,
        maintain, and oversee such systems, procedures, and controls as
        shall be considered appropriate by them to discharge the duty
        under paragraph (1).
    (g) Personnel, Facilities, and Other Resources.--
            (1) Additional employee.--The Inspector General may select,
        appoint, and employ additional employees above authorized
        levels as may be necessary for carrying out the duties of the
        Special Office under this section, but no more than 40
        additional full-time equivalent positions.
            (2) Field office.--The Inspector General may operate field
        offices in the affected areas as may be necessary for the
        Special Office to carry out the duties prescribed in subsection
        (f).
    (h) Reports.--
            (1) In general.--Not later than 60 days after the date of
        the enactment of this Act, or the end of the first fiscal
        quarter beginning after the date of the enactment of this Act,
        whichever is later, and every fiscal quarter thereafter, the
        Inspector General shall submit to the Congress a report
        summarizing the activities and findings, if any, of the Special
        Office during the period after the last report issued/preceding
        fiscal quarter? note that there will be no ``last report ''
        before the first report . Each report shall include, for the
        period covered by such report, a detailed statement of all
        obligations, expenditures, and revenues associated with relief,
        reconstruction, and rehabilitation activities in the areas
        affected by Hurricane Katrina, including the following:
                    (A) Obligations and expenditures of appropriated
                funds.
                    (B) Revenues attributable to or consisting of funds
                provided by foreign nations or international
                organizations, and any obligations or expenditures of
                such revenues.
                    (C) Any contracts having a value of more than
                $2,000,000 entered into by any Federal agency with any
                public or private entity, to--
                            (i) provide products, services, or
                        temporary or permanent housing to those persons
                        affected by Hurricane Katrina; and
                            (ii) build or rebuild physical
                        infrastructure in the affected areas.
                    (D) In the case of any contract described in
                subparagraph (C)--
                            (i) the amount of the contract or other
                        agreement;
                            (ii) a brief discussion of the scope of the
                        contract or other agreement;
                            (iii) a discussion of how the contracting
                        agency identified, and solicited offers from,
                        potential contractors to perform the contract,
                        together with a list of the potential
                        contractors that were issued solicitations for
                        the offers; and
                            (iv) the justification and approval
                        documents on which was based the determination
                        to use procedures other than procedures that
                        provide for full and open competition.
                    (E) A discussion related to any administrative
                delays in getting available services or products to the
                their intended recipients in a timely manner.
            (2) Prohibition on disclosure of information.--Nothing in
        this subsection shall be construed to authorize the public
        disclosure of information that is specifically prohibited from
        disclosure under law.
    (i) Transparency.--Not later than 60 days after the date of the
submittal to the Congress of a report under subsection (h), the
Secretary of Homeland Security shall make copies of such report
available to the public upon request, and at a reasonable cost.
    (j) Funding.--Of the funds appropriated for the Department of
Homeland Security in the Second Emergency Supplemental Appropriations
Act to Meet Immediate Needs Arising From the Consequences of Hurricane
Katrina, 2005, $15,000,000 shall be available to the Office of the
Inspector General to carry out this section for fiscal year 2006.

Summary: Establishes within the Office of Inspector General of the Department of Homeland Security the Special Office of the Inspector General for Natural Disaster Response and Reconstruction. Requires the Special Office to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of federal funds by any organization providing relief, assistance, or reconstruction related to Hurricane Katrina, and of the programs, operations, and contracts carried out utilizing such funds.

To establish within the Office of the Inspector General of the Department of Homeland Security the Special Office of the Inspector General for Natural Disaster Response and Reconstruction.


SECTION 1. CHARITABLE CONTRIBUTIONS OF COMPUTER EQUIPMENT AND SOFTWARE
              TO ELEMENTARY AND SECONDARY SCHOOLS AND TO QUALIFIED
              ORGANIZATIONS PROVIDING ASSISTANCE TO INDIVIDUALS WITH
              DISABILITIES.

    (a) In General.--Subsection (e) of section 170 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
            ``(6) Special rule for contributions of computer equipment
        and software used for educational purposes.--
                    ``(A) Limit on reduction.--In the case of a
                qualified educational contribution, the reduction under
                paragraph (1)(A) shall be no greater than the amount
                determined under paragraph (3)(B).
                    ``(B) Qualified educational contribution.--For
                purposes of this paragraph, the term `qualified
                educational contribution' means a charitable
                contribution by a corporation of any computer software
                or computer or peripheral equipment, but only if--
                            ``(i) the contribution is to--
                                    ``(I) an educational organization
                                described in subsection (b)(1)(A)(ii),
                                    ``(II) a governmental unit
                                described in subsection (c)(1), or
                                    ``(III) an organization described
                                in section 501(c)(3) and exempt from
                                taxation under section 501(a), or a
                                governmental unit described in
                                subsection (c)(1), that has documented
                                experience and expertise at the
                                community level in providing training
                                and evaluation for information
                                technology services and devices to
                                individuals with disabilities, their
                                parents, family members, guardians,
                                advocates, or authorized
                                representatives,
                            ``(ii) the contribution is made not later
                        than 3 years after the date the taxpayer
                        acquired the property (or in the case of
                        property constructed by the taxpayer, the date
                        the construction of the property is
                        substantially completed),
                            ``(iii) substantially all of the use of the
                        property by the donee is for use within the
                        United States for educational purposes related
                        to the purpose or function of the organization
                        or unit,
                            ``(iv) the original use of the property
                        began with--
                                    ``(I) the donee, in the case of
                                property constructed by the taxpayer or
                                property of the taxpayer described in
                                section 1221(1), or
                                    ``(II) the taxpayer, in any case
                                not described in subclause (I),
                            ``(v) the property is not transferred by
                        the donee in exchange for money, other
                        property, or services, and
                            ``(vi) the taxpayer receives from the donee
                        a written statement representing that its use
                        and disposition of the property will be in
                        accordance with the provisions of clauses (iii)
                        and (v).
                    ``(C) Donations to charity for refurbishing.--
                            ``(i) In general.--For purposes of this
                        paragraph, a charitable contribution by a
                        corporation shall be treated as a qualified
                        education contribution if--
                                    ``(I) such contribution is a
                                contribution of any computer or
                                peripheral equipment to a qualified
                                organization, and
                                    ``(II) the taxpayer receives from
                                such organization a written statement
                                representing that its use of the
                                property (and any use by the
                                organization or unit to which it
                                donates the property) meets the needs
                                of the donee and the requirements of
                                clause (v) of subparagraph (B).
                            ``(ii) Qualified organization.--For
                        purposes of clause (i), an organization is a
                        qualified organization if--
                                    ``(I) the organization is described
                                in section 501(c)(3) and exempt from
                                taxation under section 501(a), and
                                    ``(II) a substantial part of the
                                business of the organization is the
                                repair and refurbishment of computers
                                or peripheral equipment and the
                                donation of such equipment to an
                                organization or unit described in
                                subparagraph (B)(i) for a purpose
                                described in subparagraph (B)(iii).
                    ``(D) Special rules.--For the purposes of this
                paragraph--
                            ``(i) Construction of property by
                        taxpayer.--Paragraph (4)(C) shall apply.
                            ``(ii) Refurbishment of property by
                        taxpayer.--Property that is substantially
                        refurbished by the taxpayer shall be treated as
                        property constructed by the taxpayer.
                    ``(E) Definitions.--For the purposes of this
                paragraph--
                            ``(i) Computer or peripheral equipment.--
                        The term `computer or peripheral equipment' has
                        the meaning given such term by section
                        168(i)(2)(B).
                            ``(ii) Computer software.--The term
                        `computer software' has the meaning given such
                        term by section 197(e)(3)(B).
                            ``(iii) Educational purpose.--The term
                        `educational purpose' includes administration
                        incident to providing education.
                            ``(iv) Disability.--The term `disability'
                        has the meaning given such term by section 3(2)
                        of the Americans with Disabilities Act of 1990.
                            ``(v) Information technology.--The term
                        `information technology' includes any computer
                        or peripheral equipment, computer software,
                        digital augmentative speech device, firmware,
                        and services related thereto.
                            ``(vi) Corporation.--The term `corporation'
                        has the meaning given such term by paragraph
                        (4)(D).''
    (b) Computer Training.--Section 170 of such Code is amended by
adding at the end the following new subsection:
    ``(n) Computer Training.--
            ``(1) In general.--For purposes of this section, the term
        `charitable contribution' includes a contribution by a
        corporation of qualified computer training.
            ``(2) Qualified computer training.--
                    ``(A) In general.--For purposes of paragraph (1),
                the term `qualified computer training' means training--
                            ``(i) provided by the taxpayer in the use
                        of computer software or any computer or
                        peripheral equipment (as defined in subsection
                        (e)(6)(E)) contributed to the donee by the
                        taxpayer for a purpose described in subsection
                        (e)(6)(B)(iii),
                            ``(ii) provided to an individual employed
                        by an organization or unit described in
                        subsection (e)(6)(B)(i), and
                            ``(iii) for which the taxpayer receives
                        from the donee a written statement representing
                        that the training is not in exchange for money,
                        other property, or services.
                    ``(B) Time limitation.--Not more than 8 hours of
                training may be taken into account under subparagraph
                (A) with respect to each contribution.
                    ``(C) Valuation.--For the purpose of this
                subsection, the value of the time of an individual who
                provides computer training shall be based on the usual
                wage rate of the individual.''
    (c) Contribution of Digital Augmentative Speech Devices for Use by
Individuals With Disabilities.--Subsection (e) of section 170 of the
Internal Revenue Code of 1986, as amended by subsection (a) of this
section, is further amended by adding at the end the following new
paragraph:
            ``(7) Special rule for contributions of digital
        augmentative speech devices.--
                    ``(A) Limit on reduction.--In the case of a
                contribution or gift of a digital augmentative speech
                device to an entity described in subparagraph (B)--
                            ``(i) the reduction under paragraph (1)(A)
                        shall be no greater than the amount determined
                        under paragraph (3)(B), and
                            ``(ii) qualified training in the use of
                        such device shall be treated as a charitable
                        contribution for purposes of this section.
                    ``(B) Entity described.--An entity is described in
                this subparagraph if the entity is--
                            ``(i) described in section 501(c)(3) and
                        exempt from taxation under section 501(a), or
                            ``(ii) a governmental unit described in
                        subsection (c)(1),
                that has documented experience and expertise at the
                community level in providing training and evaluation
                for information technology services and devices to
                individuals with disabilities, their parents, family
                members, guardians, advocates, or authorized
                representatives.
                    ``(C) Qualified training.--
                            ``(i) In general.--The term `qualified
                        training' means training in the use of a
                        digital augmentative speech device contributed
                        by the taxpayer under subparagraph (A) to an
                        entity described in subparagraph (B) that is --
                                    ``(I) provided by the taxpayer,
                                    ``(II) provided to an individual
                                employed by such entity, and
                                    ``(III) for which the taxpayer
                                receives from the donee a written
                                statement representing that the
                                training meets the requirements of
                                subparagraph (D).
                    ``(D) Limitations.--
                            ``(i) Exchange for money, etc.--
                        Subparagraph (A) shall not apply to property or
                        training donated under this paragraph if such
                        property is transferred by the donee in
                        exchange for money, other property, or
                        services.
                            ``(ii) Time and valuation.--Subparagraphs
                        (B) and (C) of paragraph (6) shall apply to
                        training subject to this subparagraph.
                    ``(E) Definitions.--For purposes of this paragraph,
                the terms `disability' and `information technology'
                have the meaning given such terms by subsection
                (e)(6)(E).''
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996.

SEC. 2. REPORT ON EFFECTIVENESS OF CHARITABLE CONTRIBUTIONS OF
              COMPUTERS AND SOFTWARE IN MEETING EDUCATIONAL NEEDS OF
              STUDENTS.

    Not later than December 31, 1998, the Comptroller General of the
United States shall conduct a study on the effectiveness of the
enhanced charitable contribution under section 170(e)(6) of the
Internal Revenue Code of 1986 (as amended by section 1 of this Act) in
meeting educational needs of students in the United States. The
Comptroller General shall submit the report to the Committee on Ways
and Means of the House of Representatives and the Committee on Finance
of the Senate.

SEC. 3. DONATIONS TO UNDERPRIVILEGED SCHOOLS.

    It is the sense of Congress that one of the main purposes of the
enhanced charitable deduction under section 170(e)(6) of the Internal
Revenue Code of 1986 (as amended by section 1 of this Act) is to
encourage the donation of computer equipment and software to--
            (1) schools serving low income communities;
            (2) schools whose fiscal year budgets are below the
        applicable State-wide norm; and
            (3) schools at which student test scores are substantially
        below the State-wide norm.

Summary: Amends the Internal Revenue Code to set forth a special rule for the donation by a corporation, as a charitable deduction, of computer equipment and software, as well as related training, to elementary and secondary schools and to qualified organizations providing assistance to disabled individuals. Directs the Comptroller General to report concerning such deductions. Expresses the sense of the Congress that one of the main purposes of such enhanced charitable deduction is to encourage the donation of computer equipment and software to: (1) schools serving low income communities, (2) schools with budgets below applicable norms, and (3) schools with student test scores below the norm.

To amend the Internal Revenue Code of 1986 to allow companies to donate computer equipment and software, and training related thereto, to elementary and secondary schools for use in their educational programs, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Eye Trauma Treatment Act of
2007''.

SEC. 2. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION,
              TREATMENT, AND REHABILITATION OF MILITARY EYE INJURIES.

    (a) Establishment.--
            (1) In general.--Chapter 55 of title 10, United States
        Code, is amended by inserting after section 1105 the following
        new section:
``Sec. 1105a. Center of Excellence in Prevention, Diagnosis,
              Mitigation, Treatment, and Rehabilitation of Military Eye
              Injuries
    ``(a) In General.--The Secretary of Defense shall establish within
the Department of Defense a center of excellence in the prevention,
diagnosis, mitigation, treatment, and rehabilitation of military eye
injuries to carry out the responsibilities specified in subsection (c).
The center shall be known as a `Center of Excellence in Prevention,
Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye
Injuries'.
    ``(b) Partnerships.--The Secretary shall ensure that the Center
collaborates to the maximum extent practicable with the Secretary of
Veterans Affairs, institutions of higher education, and other
appropriate public and private entities (including international
entities) to carry out the responsibilities specified in subsection
(c).
    ``(c) Responsibilities.--(1) The Center shall--
            ``(A) develop, implement, and oversee a registry of
        information for the tracking of the diagnosis, surgical
        intervention or other operative procedure, other treatment, and
        follow up for each case of significant eye injury incurred by a
        member of the armed forces while serving on active duty;
            ``(B) ensure the electronic exchange with the Secretary of
        Veterans Affairs of information obtained through tracking under
        subparagraph (A); and
            ``(C) enable the Secretary of Veterans Affairs to access
        the registry and add information pertaining to additional
        treatments or surgical procedures and eventual visual outcomes
        for veterans who were entered into the registry and
        subsequently received treatment through the Veterans Health
        Administration.
    ``(2) The registry under this subsection shall be known as the
`Military Eye Injury Registry' (hereinafter referred to as the
`Registry').
    ``(3) The Center shall develop the Registry in consultation with
the ophthalmological specialist personnel and optometric specialist
personnel of the Department of Defense and the ophthalmological
specialist personnel and optometric specialist personnel of the
Department of Veterans Affairs. The mechanisms and procedures of the
Registry shall reflect applicable expert research on military and other
eye injuries.
    ``(4) The mechanisms of the Registry for tracking under paragraph
(1)(A) shall ensure that each military medical treatment facility or
other medical facility shall submit to the Center for inclusion in the
Registry information on the diagnosis, surgical intervention or other
operative procedure, other treatment, and follow up for each case of
eye injury described in that paragraph as follows (to the extent
applicable):
            ``(A) Not later than 30 days after surgery or other
        operative intervention, including a surgery or other operative
        intervention carried out as a result of a follow-up
        examination.
            ``(B) Not later than 180 days after the significant eye
        injury is reported or recorded in the medical record.
    ``(5)(A) The Center shall provide notice to the Blind
Rehabilitation Service of the Department of Veterans Affairs and to the
eye care services of the Veterans Health Administration on each member
of the armed forces described in subparagraph (B) for purposes of
ensuring the coordination of the provision of ongoing eye care and
visual rehabilitation benefits and services by the Department of
Veterans Affairs after the separation or release of such member from
the armed forces.
    ``(B) A member of the armed forces described in this subparagraph
is a member of the armed forces as follows:
            ``(i) A member with a significant eye injury incurred while
        serving on active duty, including a member with visual
        dysfunction related to traumatic brain injury.
            ``(ii) A member with an eye injury incurred while serving
        on active duty who has a visual acuity of 20/200 or less in the
        injured eye.
            ``(iii) A member with an eye injury incurred while serving
        on active duty who has a loss of peripheral vision resulting in
        twenty degrees or less of visual field in the injured eye.
    ``(d) Utilization of Registry Information.--The Secretary of
Defense and the Secretary of Veterans Affairs shall jointly ensure that
information in the Military Eye Injury Registry is available to
appropriate ophthalmological and optometric personnel of the Department
of Veterans Affairs for purposes of encouraging and facilitating the
conduct of research, and the development of best practices and clinical
education, on eye injuries incurred by members of the armed forces in
combat.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of chapter 55 of such title is amended by inserting
        after the item relating to section 1105 the following new item:

``1105a. Center of Excellence in Prevention, Diagnosis, Mitigation,
                            Treatment, and Rehabilitation of Military
                            Eye Injuries.''.
    (b) Inclusion of Records of OIF/OEF Veterans.--The Secretary of
Defense shall take appropriate actions to include in the Military Eye
Injury Registry established under section 1105a of title 10, United
States Code (as added by subsection (a)), such records of members of
the Armed Forces who incurred an eye injury while serving on active
duty on or after September 11, 2001, but before the establishment of
the Registry, as the Secretary considers appropriate for purposes of
the Registry.
    (c) Report on Establishment.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit to
Congress a report on the status of the Center of Excellence in
Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of
Military Eye Injuries under section 1105a of title 10, United States
Code (as so added), including the progress made in establishing the
Military Eye Injury Registry required under that section.
    (d) Traumatic Brain Injury Post Traumatic Visual Syndrome.--In
carrying out the program at Walter Reed Army Medical Center, District
of Columbia, on Traumatic Brain Injury Post Traumatic Visual Syndrome,
the Secretary of Defense and the Department of Veterans Affairs shall
jointly provide for the conduct of a cooperative program for members of
the Armed Forces and veterans with Traumatic Brain Injury by military
medical treatment facilities of the Department of Defense and medical
centers of the Department of Veterans Affairs selected for purposes of
this subsection for purposes of vision screening, diagnosis,
rehabilitative management, and vision research, including research on
prevention, on visual dysfunction related to Traumatic Brain Injury.
    (e) Authorization of Appropriations.--There is hereby authorized to
be appropriated for the Department of Defense for fiscal year 2008 for
Defense Health Program, $5,000,000 for the Center of Excellence in
Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of
Military Eye Injuries under section 1105a of title 10, United States
Code (as so added).

Summary: Military Eye Trauma Treatment Act of 2007 - Directs the Secretary of Defense (Secretary) to establish within the Department of Defense (DOD) the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries to: (1) develop and oversee the Military Eye Injury Registry for tracking the diagnosis, treatment, and follow-up for each case of eye injury incurred by a member of the Armed Forces while on active duty. And (2) ensure the electronic exchange of Registry information with the Secretary of Veterans Affairs. Requires the Secretary to: (1) include in the Registry records of members who incurred eye injuries while on active duty on or after September 11, 2001, but before the Registry's establishment. And (2) report to Congress on the Center's establishment. Directs the Secretary and the Department of Veterans Affairs (VA) to conduct a cooperative study on neuro-optometric screening and diagnosis of members with traumatic brain injury (TBI) by military medical treatment facilities and VA medical centers for purposes of vision screening, diagnosis, rehabilitative management, and vision research on visual dysfunction related to TBI.

To provide for the establishment of a Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries, and for other purposes.