SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Youth Smoking Prevention Act of
1995''.

SEC. 2. AUTHORITY TO REGULATE TOBACCO AND OTHER PRODUCTS CONTAINING
              NICOTINE.

    (a) Food and Drug Administration.--The Secretary of Health and
Human Services does not have any authority under--
            (1) the Federal Food, Drug, and Cosmetic Act,
            (2) the Federal Cigarette Labeling and Advertising Act, or
            (3) the Comprehensive Smokeless Tobacco Health Education
        Act of 1986,
to regulate the manufacture, labeling, sale, distribution, and
advertising and promotion of tobacco and other tobacco products
containing nicotine.
    (b) Federal Authority.--The Federal authority to regulate the sale,
distribution, and advertising and promotion of tobacco and other
tobacco products containing nicotine is established as a condition to
the receipt by States of the Federal preventive health and health
services block grant.

SEC. 3. REGULATION OF STATE AUTHORITY.

    (a) In General.--Section 1926(a)(1) of the Public Health Service
Act (42 U.S.C. sec. 300x-26(a)(1)) is amended to read as follows:
            ``(1) In general.--Subject to paragraph (2), for fiscal
        year 1997 and subsequent fiscal years, the Secretary may make a
        grant under section 1921 only if the State involved has in
        effect a law which provides the following:
                    ``(A) Minors.--
                            ``(i) Sales.--It shall be unlawful to sell
                        tobacco and other tobacco products containing
                        nicotine to an individual under the age of 18.
                        Tobacco and other tobacco products containing
                        nicotine may be sold only to individuals who
                        present a document containing the individual's
                        photograph and date of birth. Any person who
                        violates this paragraph shall be fined in the
                        amount that a person who sells alcoholic
                        beverages to a minor is fined under State law.
                            ``(ii) Purchase.--It shall be unlawful for
                        an individual under the age of 18 to purchase
                        any tobacco and other tobacco product
                        containing nicotine. Any individual who
                        violates this paragraph for the first time
                        shall be fined not more than $100, required to
                        perform community service, or required to
                        attend education and training in the hazards of
                        smoking. Any individual who violates this
                        paragraph more than once shall be fined not
                        more than $100, required to perform community
                        service, and required to attend education and
                        training in the hazards of smoking. Such
                        education and training shall be funded by the
                        fines collected under this paragraph.
                            ``(iii) Identification.--It shall be
                        unlawful for an individual to present
                        identification for the purchase of tobacco and
                        other tobacco products containing nicotine
                        which is false. Any individual who violates
                        this paragraph shall be fined not more than
                        $250, required to perform community service,
                        and required to attend education and training
                        in the hazards of smoking.
                    ``(B) Sales of specific products.--It shall be
                unlawful to sell--
                            ``(i) individual cigarettes, and
                            ``(ii) packages of cigarettes which contain
                        less than 20 cigarettes.
                Any person who violates this subsection shall be fined
                in the amount that a person who sells alcoholic
                beverages to a minor is fined under State law.
                    ``(C) Vending machines.--No person, firm,
                partnership, company, or corporation shall operate a
                vending machine which dispenses cigarettes or smokeless
                tobacco products unless such vending machine is in a
                location that is in plain view and under the direct
                supervision and control of the individual in charge of
                the location or such individual's designated agent or
                employee, except that this subparagraph shall not apply
                in the case of a vending machine that is located--
                            ``(i) at a private club;
                            ``(ii) at a bar or bar area of a food
                        service establishment;
                            ``(iii) at a factory, warehouse, tobacco
                        business, or any other place of employment
                        which has an insignificant portion of its
                        regular workforce comprised of individuals
                        under the age of 18 years and only if such
                        machines are located in an area that is not
                        accessible to the general public;
                            ``(iv) in any place if the vending machine
                        is equipped with a device which controls the
                        sale of tobacco products from the machine to
                        individuals under the age of 18; or
                            ``(v) in such other location or made
                        available in another manner that is expressly
                        permitted under applicable State law.
                    ``(D) Self-service displays.--It shall be unlawful
                to make tobacco and other tobacco products containing
                nicotine available to individuals under the age of 18
                in self-service displays which are not under the
                supervision of an individual over the age of 18. Any
                person who violates this subsection shall be fined in
                the amount that a person who sells alcoholic beverages
                to a minor is fined under State law.
                    ``(E) Samples.--It shall be unlawful to distribute
                free samples of tobacco and other tobacco products
                containing nicotine to individuals under the age of 18
                through the mail or otherwise. Any person who violates
                this subparagraph shall be fined in the amount that a
                person who sells alcoholic beverages to a minor is
                fined under State law.
                    ``(F) Use of mail.--It shall be unlawful to
                distribute tobacco and other tobacco products
                containing nicotine through the mail to individuals
                under the age of 18. Such tobacco products when
                distributed through the mails is nonmailable matter and
                such distribution shall be penalized in accordance with
                chapter 30 of title 39, United States Code.
                    ``(G) General requirements applicable to sales.--
                Tobacco and other tobacco products containing nicotine
                which are offered for sale at retail must be in the
                sight and control of the person responsible for making
                the sales. Any person offering such products for sale
                at retail shall post, in accordance with regulations of
                the State, signs stating the minimum purchase age,
                stating health warnings, and stating the penalties for
                violations of the requirements of this paragraph. Any
                person who violates this subparagraph shall be fined in
                the amount that a person who sells alcoholic beverages
                to a minor is fined under State law.
                    ``(H) Notice to employees.--Each owner of a retail
                establishment which sells tobacco and other tobacco
                products containing nicotine shall notify each
                individual employed in the establishment as a retail
                sales clerk that the sale of tobacco and such products
                to individuals under the age of 18 and the purchase by
                such individuals of tobacco and such products are
                prohibited. Such notice shall be provided to such an
                employee before such employee begins work as a retail
                sales clerk or if such work has been begun, within 30
                days of the date of the enactment of this paragraph.
                Such an employee shall sign a form stating that such
employee has been notified of the prohibited acts. Such an owner shall
retain such forms and make them available to persons conducting
inspections under this paragraph. An owner who fails to make such
notice or retain such a form shall be fined not less than $100 and not
more than $250.
                    ``(I) Licenses.--No person may engage in the retail
                sale of cigarettes without a license issued for such
                purpose by the State. The license shall be--
                            ``(i) issued in accordance with such
                        system,
                            ``(ii) issued for such fee, and
                            ``(iii) issued for such term,
                as the State shall establish. The State shall establish
                penalties (including loss of license) for sales without
                a license and other sales in violation of this
                paragraph.
                    ``(J) State responsibilities.--The State shall
                conduct annual random unannounced inspections of over-
                the-counter and vending machine outlets for the sale of
                tobacco and other tobacco products containing nicotine
                to assure that sales of tobacco and other tobacco
                products containing nicotine are being made in
                accordance with this paragraph so that individuals
                under the age of 18 do not have access to tobacco and
                other tobacco products containing nicotine.
                    ``(K) Advertising.--
                            ``(i) Billboards.--Billboards which
                        advertise tobacco and other tobacco products
                        containing nicotine may not be placed within
                        the line of sight of any individual in a school
                        or in an area designated as a playground.
                            ``(ii) Brand names and logos.--The brand
                        name or logo of a manufacturer of tobacco and
                        other tobacco products containing nicotine may
                        not be placed on any item marketed specifically
                        to minors, including toys and video games.''.
    (b) Conforming Amendments.--Section 1926 of the Public Health
Service Act (42 U.S.C. sec. 300x-26) is amended--
            (1) in subsection (a)(2), by striking ``1993'' and
        inserting ``1997'';
            (2) in subsection (a)(2), by striking ``1994'' and
        inserting ``1998''; and
            (3) in subsection (a)(2), by striking ``1995'' and
        inserting ``1999'';
            (4) in subsection (d)(1), by striking ``1995'' and
        inserting ``1999''; and
            (5) in subsection (d)(2), by striking ``1994'' and
        inserting ``1998''.
    (c) Noncompliance.--Section 1926(c) of the Public Health Service
Act (42 U.S.C. sec. 300x-26(c)) is amended--
            (1) in paragraph (1), by striking ``10 percent'' and
        inserting ``20 percent'';
            (2) in paragraph (2), by striking ``20 percent'' and
        inserting ``40 percent'';
            (3) in paragraph (3), by striking ``30 percent'' and
        inserting ``60 percent''; and
            (4) in paragraph (4), by striking ``40 percent'' and
        inserting ``80 percent''.
    (d) Enforcement.--Section 1926 of the Public Health Service Act (42
U.S.C. sec. 300x-26) is amended by adding at the end thereof the
following:
    ``(e) Enforcement.--Any amounts made available to a State through a
grant under section 1921 may be used to enforce the laws described in
subsection (a).''.

SEC. 4. REPORT.

    The Secretary of Health and Human Services shall make an annual
report to the Congress on the actions taken by the States in compliance
with section 1926(a)(1) of the Public Health Service Act as amended by
section 3.

Summary: Youth Smoking Prevention Act of 1995 - Declares that the Secretary of Health and Human Services does not have any authority under the Federal Food, Drug, and Cosmetic Act, the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smokeless Tobacco Health Education Act of 1986 to regulate the manufacture, labeling, sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine. Establishes the Federal authority to regulate the sale, distribution, and advertising and promotion of tobacco and tobacco products containing nicotine as a condition to the receipt by State of the Federal preventive health and health services block grant. Amends the Public Health Service Act to prohibit or reduce the amount of block grants for the prevention and treatment of substance abuse based on whether a State has a law prohibiting: (1) sale of tobacco or tobacco products to individuals under the age of 18, (2) purchase of those materials by such individuals. (3) use of false identification for the purchase of those materials. (4) sale of individual cigarettes and packages of fewer than 20 cigarettes. (5) operation of a vending machine dispensing such materials unless specified requirements are met, (6) use of unsupervised self-service displays, (7) distribution of free samples to such individuals. And (8) distribution through the mail to such individuals. Sets forth general requirements regarding the sale of such materials and related notice by the owner to the employees of a retail establishment. Prohibits engaging in the retail sale of cigarettes without a license issued by the State. Sets forth State responsibilities. Regulates billboard advertising. Prohibits the placement of a tobacco manufacturer's brand name or logo on any item marketed specifically to minors, including toys and video games. Allows use of amounts available under such block grants to enforce the laws described in this Act.

Youth Smoking Prevention Act of 1995


SECTION 1. SHORT TITLE.

    This Act may be cited as ``Child Protection Compact Act of 2011''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) The use of children for commercial sexual exploitation
        is a global phenomenon. Human trafficking affects millions of
        children worldwide.
            (2) Many countries with a high prevalence of trafficking in
        children lack financial resources, legal expertise, technical
        capacity, and other resources to appropriately protect and
        rescue these children, despite a demonstrated political will to
        do so.
            (3) The Department of State's Office to Monitor and Combat
        Trafficking in Persons placed 132 countries, out of 175
        countries ranked, on Tier 2 or Tier 2 Watch List in its 2010
        Trafficking in Persons report.
            (4) As a party to the Protocol to Prevent, Suppress and
        Punish Trafficking in Persons, especially Women and Children,
        Supplementing the United Nations Convention Against
        Transnational Organized Crime (the ``Palermo Protocol''), the
        United States has pledged to establish policies and programs to
        prevent and combat trafficking in persons and to protect
        victims of trafficking from revictimization and to share
        information, as appropriate, with law enforcement, immigration
        and other relevant authorities of other states parties with a
        view to combating trafficking in persons.
    (b) Declaration of Purpose.--The purpose of this Act is to provide
incentives to Tier 2 countries and Tier 2 Watch List countries to
protect and rescue children subjected to severe forms of trafficking in
persons through the establishment of Child Protection Compacts between
the United States and select, eligible countries with a significant
prevalence of trafficking in children, in order to--
            (1) address institutional weaknesses within the government
        that result in the failure to protect vulnerable children and
        to rescue and properly rehabilitate victims;
            (2) increase local government capacity to apprehend
        perpetrators who engage in severe forms of trafficking in
        children and bring perpetrators to justice in national courts
        of law; and
            (3) ensure transparency and accountability in achieving the
        goals stipulated in the Compact over the course of its three-
        year implementation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Ambassador.--The term ``Ambassador'' means the
        Ambassador-at-Large of the Department of State's Office to
        Monitor and Combat Trafficking in Persons.
            (2) Appropriate congressional committees.--Except as
        otherwise provided, the term ``appropriate congressional
        committees'' means the Committee on Foreign Affairs of the
        House of Representatives and the Committee on Foreign Relations
        of the Senate.
            (3) Child protection.--The term ``child protection'' means
        efforts to prevent and respond to violence, exploitation, and
        abuse against children.
            (4) Compact.--The term ``Child Protection Compact'' or
        ``Compact'' means a Child Protection Compact described in
        section 6.
            (5) Minor.--The term ``minor'' means an individual who has
        not attained the age of 18 years.
            (6) National action plan for trafficking.--The term
        ``national action plan for trafficking'' means any strategy or
        long-term plan created by a national government that defines
        specific goals to--
                    (A) reduce the number of trafficking victims;
                    (B) increase the number of prosecutions of
                traffickers; and
                    (C) ensure proper mechanisms to rehabilitate and
                reintegrate survivors of human trafficking.
            (7) National child protection strategy.--The term
        ``national child protection strategy'' means any plan developed
        by a national government in consultation with multilateral
        bodies or nongovernmental organizations, including a plan
        derived from a preexisting process or created as part of a
        Child Protection Compact, that outlines--
                    (A) short-term and long-term goals for improving
                child protection and preventing child exploitation
                within a country;
                    (B) the government ministries responsible for
                implementation of the plan; and
                    (C) how coordination will take place between
                implementing ministries.
            (8) Secretary.--The term ``Secretary'' means the Secretary
        of State.
            (9) Severe forms of trafficking.--The term ``severe forms
        of trafficking in persons'' means--
                    (A) sex trafficking in which a commercial sex act
                is induced by force, fraud, or coercion, or in which
                the person induced to perform such act has not attained
                18 years of age; or
                    (B) the recruitment, harboring, transportation,
                provision, or obtaining of a person for labor or
                services, through the use of force, fraud, or coercion
                for the purpose of subjection to involuntary servitude,
                peonage, debt bondage, or slavery.
            (10) Tier 2 countries and tier 2 watch list countries.--The
        terms ``Tier 2 countries'' and ``Tier 2 Watch List countries''
        mean those countries that the Secretary of State has listed
        pursuant to section 110(b)(1)(B) of the Trafficking Victims
        Protection Act of 2000 (22 U.S.C. 7107(b)(1)(B)) as countries
        to which the minimum standards set forth in section 108 of that
        Act are applicable and whose governments do not fully comply
        with such standards but are making significant efforts to do
        so.

SEC. 4. AUTHORIZATION OF ASSISTANCE.

    (a) Assistance.--Subject to subsection (b), the Secretary is
authorized to provide assistance under this section for each country
that enters into a Compact with the United States pursuant to section 6
to support policies and programs that assist the country to eradicate
severe forms of trafficking of children and are in furtherance of the
purposes of this Act.
    (b) Avoidance of Duplication of Efforts.--To avoid duplication of
efforts, the Secretary shall exercise the authority of subsection (a)
only in coordination with the Administrator of the United States Agency
for International Development, the Attorney General, and the Secretary
of Labor.
    (c) Form of Assistance.--Assistance under this section may be
provided in the form of grants, cooperative agreements, or contracts to
or with eligible entities described in subsection (d). Assistance under
this section may not be provided in the form of loans.
    (d) Eligible Entities.--An eligible entity referred to in
subsection (c) is--
            (1) the national government of the eligible country;
            (2) regional or local governmental units of the country; or
            (3) a nongovernmental organization or a private entity with
        expertise in the protection of vulnerable children, the
        investigation and prosecution of those who engage in or benefit
        from child trafficking, or rescue of child victims of
        trafficking.
    (e) Number and Amount of Compacts.--Subject to the availability of
appropriations, the Secretary shall determine the number of Compacts
based on the established need of the countries determined to be most
eligible based on the criteria described in section 5. The amount of
any single Compact shall not exceed a total of $15,000,000.
    (f) Annual Disbursements.--Disbursements shall be made to the
eligible entities on an annual basis pursuant to the terms of the
respective Compacts.

SEC. 5. ELIGIBLE COUNTRIES.

    (a) Determination by the Secretary.--The Secretary, acting through
the Office to Monitor and Combat Trafficking in Persons, shall work in
consultation with the Bureau of Democracy, Human Rights, and Labor and
the Department of Labor's Bureau of International Labor Affairs, and
the relevant offices at the Department of Justice and the United States
Agency for International Development, to select a country for purposes
of entering into a Compact based on whether the country meets the
initial criteria listed in subsection (b) and the selection criteria
listed in subsection (c). The determination pursuant to subsection (c)
shall be based, to the maximum extent possible, upon objective,
documented, and quantifiable indicators.
    (b) Initial Criteria.--
            (1) In general.--A country may be considered for a Compact
        if--
                    (A) the country is eligible for assistance from the
                International Development Association, and the per
                capita income of the country is equal to or less than
                the historical ceiling of the International Development
                Association;
                    (B) subject to paragraph (2), the country is not
                ineligible to receive United States economic assistance
                under part I of the Foreign Assistance Act of 1961 (22
                U.S.C. 2151 et seq.) by reason of the application of
                any provision of the Foreign Assistance Act of 1961 or
                any other provision of law; and
                    (C) the country is a Tier 2 country or Tier 2 Watch
                List country.
            (2) Rule of construction.--For the purposes of determining
        whether a country is eligible for receiving assistance under
        paragraph (1), the exercise by the President, the Secretary of
        State, or any other officer or employee of the United States of
        any waiver or suspension of any provision of law referred to in
        such paragraph, and notification to the appropriate
        congressional committees in accordance with such provision of
        law, shall be construed as satisfying the requirement of such
        paragraph.
    (c) Selection Criteria.--A country should be selected for purposes
of entering into a Compact on the basis of--
            (1) a documented high prevalence of trafficking of children
        within the country; and
            (2) demonstrated political will and sustained commitment by
        the government to undertake meaningful measures to address
        severe forms of trafficking of children, including--
                    (A) enactment and enforcement of laws criminalizing
                trafficking in children with punishments commensurate
                with the crime, including, when necessary, against
                complicit government officials;
                    (B) cooperation with local and international non-
                governmental organizations with demonstrated expertise
                in combating trafficking in children; and
                    (C) the treatment of child trafficking victims in
                accordance with Article 6(3) of the Protocol to
                Prevent, Suppress and Punish Trafficking in Persons,
                Especially Women and Children, Supplementing the United
                Nations Convention Against Transnational Organized
                Crime.

SEC. 6. CHILD PROTECTION COMPACTS.

    (a) Compact.--The Secretary, acting through the Ambassador, may
provide assistance for a country under this Act only if the country
enters into an agreement with the United States, to be known as a
``Child Protection Compact'', that establishes a 3-year plan for
achieving shared objectives in furtherance of the purposes of this Act.
    (b) Elements.--The Compact should take into account, if applicable,
existing national child protection strategies and national action plans
for human trafficking of the country and shall contain--
            (1) the specific objectives that the country and the United
        States expect to achieve during the term of the Compact;
            (2) the responsibilities of the country and the United
        States in the achievement of such objectives;
            (3) the particular programs or initiatives to be undertaken
        in the achievement of such objectives and the amount of funding
        to be allocated to each program or initiative;
            (4) regular outcome indicators to monitor and measure
        progress toward achieving such objectives, including indicators
        for each program or initiative;
            (5) a multi-year financial plan, including the estimated
        amount of contributions by the United States and the country,
        if any, and proposed mechanisms to implement the plan and
        provide oversight, that describes how the requirements of
        paragraphs (1) through (4) will be met, including identifying
        the role of civil society in the achievement of such
        requirements;
            (6) where appropriate, a process or processes for
        consideration of solicited proposals under the Compact as well
        as a process for consideration of unsolicited proposals by the
        Secretary and national, regional, or local units of government;
            (7) the strategy of the country to sustain progress made
        toward achieving such objectives after expiration of the
        Compact; and
            (8) a list of civil society and nonprofit organizations
        that the government will partner or consult with to develop and
        sustain the child protection and prosecution capacity in the
        country.
    (c) Assistance for Development of Compact.--Notwithstanding
subsection (a), the Secretary may enter into contracts or make grants
for any eligible country for the purpose of facilitating the
development and implementation of the Compact between the United States
and the country.
    (d) Definition of Program or Initiative.--In this section, the term
``program or initiative'' may include the following:
            (1) Evaluation of legal standards and practices and
        recommendations for improvements that will increase the
        likelihood of successful prosecutions.
            (2) Training anti-trafficking police and investigators.
            (3) Building the capacity of domestic non-governmental
        organizations to educate vulnerable populations about the
        danger of severe forms of trafficking and to work with law
        enforcement to identify and rescue victims.
            (4) Creation of victim-friendly courts.
            (5) Development of appropriate after-care facilities for
        rescued victims or other rehabilitation and reintegration
        services for children, which may include education, vocational
        training, and psychosocial counseling, as appropriate.
            (6) Development and maintenance of data collection systems
        to monitor victims.
            (7) Development of regional cooperative plans with
        neighboring countries to prevent cross-border trafficking of
        children and child sex tourism.
            (8) Development of programs and practices that address
        demand, including educational curricula, social marketing
        campaigns, and specific law enforcement activities targeting
        demand.

SEC. 7. SUSPENSION AND TERMINATION OF ASSISTANCE.

    (a) Suspension and Termination of Assistance.--The Secretary may
suspend or terminate assistance in whole or in part for a country or
entity under section 4 if the Secretary determines that--
            (1) the country or entity is engaged in activities which
        are contrary to the national security interests of the United
        States;
            (2) the country or entity has engaged in a pattern of
        actions inconsistent with the criteria used to determine the
        eligibility of the country or entity, as the case may be; or
            (3) the country or entity has failed to adhere to its
        responsibilities under the Compact.
    (b) Reinstatement.--The Secretary may reinstate assistance for a
country or entity under section 4 only if the Secretary determines that
the country or entity has demonstrated a commitment to correcting each
condition for which assistance was suspended or terminated under
subsection (a).
    (c) Congressional Notification.--Not later than 3 days after the
date on which the Secretary suspends or terminates assistance under
subsection (a) for a country or entity, or reinstates assistance under
subsection (b) for a country or entity, the Secretary shall submit to
the appropriate congressional committees a report that contains the
determination of the Secretary under subsection (a) or subsection (b),
as the case may be.

SEC. 8. CONGRESSIONAL NOTIFICATION AND ANNUAL REPORT.

    (a) Congressional Consultation Prior to Compact Negotiations.--Not
later than 15 days prior to the start of negotiations of a Compact with
a country, the Secretary--
            (1) shall consult with the appropriate congressional
        committees with respect to the proposed Compact negotiation;
        and
            (2) shall identify the objectives and mechanisms to be used
        for the negotiation of the Compact.
    (b) Congressional Notification After Entering Into a Compact.--Not
later than 10 days after entry into force of a Compact with a country,
the Secretary shall provide notification of the Compact to the
appropriate congressional committees, including a detailed summary of
the Compact and a copy of the text of the Compact.
    (c) Annual Report.--
            (1) In general.--Not later than 180 days after the date of
        the enactment of this Act, and annually thereafter for the next
        5 years, the President shall transmit to the appropriate
        congressional committees a report on the assistance provided
        under section 4 during the prior fiscal year.
            (2) Matters to be included.--The report shall include the
        following:
                    (A) The amount of obligations and expenditures for
                assistance provided to each eligible country during the
                prior fiscal year.
                    (B) For each country, an assessment of--
                            (i) the progress made during each year by
                        the country toward achieving the objectives set
                        out in the Compact entered into by the country;
                        and
                            (ii) the extent to which assistance
                        provided under section 4 has been effective in
                        helping the country to achieve such objectives.

SEC. 9. SENSE OF CONGRESS.

    It is the sense of Congress that, of the total amounts to be
appropriated for fiscal years 2012 through 2014 for the Department of
State and foreign operations, up to $30,000,000 should be used to carry
out the purposes of this Act.

Summary: Child Protection Compact Act of 2011 - Authorizes the Secretary of State, through the Ambassador-at-Large of the Department of State's Office to Monitor and Combat Trafficking in Persons, to provide assistance for an eligible country with a significant prevalence of trafficking in children that enters into a Child Protection Compact with the United States to support policies and programs to eradicate the trafficking of children.

A bill to provide United States assistance for the purpose of eradicating severe forms of trafficking in children in eligible countries through the implementation of Child Protection Compacts, and for other purposes.


SECTION 1. SHORT TITLE AND REFERENCES.

    (a) Short Title.--That this Act may be cited as the ``Community
Services Block Grant Amendments of 1994''.
    (b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Community Services Block Grant Act (42 U.S.C. 9901 et seq.).

SEC. 2. ESTABLISHMENT OF COMMUNITY INITIATIVE PROGRAM.

    (a) Community Initiative Program.--Section 681 (42 U.S.C. 9910) is
amended to read as follows:

                     ``community initiative program

    ``Sec. 681. (a) Grants.--
            ``(1) Authority.--
                    ``(A) In general.--The Secretary is authorized to
                make grants to local, private, nonprofit community
                development corporations, or to enter into contracts or
                cooperative agreements with such community development
                corporations, to plan for and carry out economic
                development activities in economically distressed
                communities.
                    ``(B) Economic development activities.--Economic
                development activities under this section shall be
                designed to address the economic needs of low-income
                individuals and families by creating employment and
                business development opportunities and by providing
                support services that are designed to enhance the
                ability of low-income individuals and families to
                successfully avail themselves of such opportunities. In
                addition to any other activities consistent with the
                purposes of this section, such activities may include
                the development of facilities through means such as the
                establishment of partnerships with Head Start agencies,
                agencies or organizations providing child care or
                otherwise engaged in the field of child care or child
                development, and agencies or organizations serving
                children, youth and families.
            ``(2) Consultation.--The Secretary shall exercise the
        authority provided under paragraph (1) in consultation with
        other relevant Federal officials.
    ``(b) Governing Boards.--Each community development corporation
receiving funds under this section shall be governed by a board that
shall consist of residents of the community and business and civic
leaders.
    ``(c) Annual Statement.--The Secretary shall annually publish a
statement of the types of projects or activities for which funding
under this section will be a priority, such as projects or activities
designed to strengthen or enhance activities funded by other Federal
programs.
    ``(d) Geographic Distribution.--In providing assistance or entering
into other arrangements under this section, the Secretary shall take
into consideration the geographic distribution of funds among States
and the relative proportion of funding among rural and urban areas.
    ``(e) Reservation.--Of the amounts made available to carry out this
section, the Secretary may reserve not to exceed 1 percent for each
fiscal year to make grants to private nonprofit organizations or to
enter into contracts with private nonprofit or for profit organizations
to provide technical assistance to aid community development
corporations in developing or implementing projects funded under this
section and to evaluate projects funded under this section.''.
    (b) Repeal.--Section 505 of the Family Support Act of 1988 (42
U.S.C. 1315 note) is repealed.
    (c) Conforming Amendments.--
            (1) State allocations.--Section 674(a) (42 U.S.C. 9903(a))
        is amended--
                    (A) in paragraph (1), by striking ``which remains
                after'' and all that follows through ``allot to each
                State;'' and inserting ``which remains after the
                Secretary makes the apportionment required in
                subsection (b)(1), allot to each State''; and
                    (B) in paragraph (2)(A), by striking ``which
                remains after'' and all that follows through
                ``exceeds'' and inserting ``which remains after the
                Secretary makes the apportionment required in
                subsection (b)(1), exceeds''.
            (2) Annual report.--Section 682(c) (42 U.S.C. 9911(c)) is
        amended by striking ``section 681(d)'' and inserting ``section
        672(b)''.
            (3) Limitation.--Section 680(a) (42 U.S.C. 9909(a)) is
        amended by striking ``section 681(c)'' and inserting ``section
        681''.

SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--Subsection (b) of section 672
(42 U.S.C. 9901(b)) is amended to read as follows:
    ``(b) There are authorized to be appropriated $434,622,000 for
fiscal year 1995, and such sums as may be necessary for each of fiscal
years 1996 through 1998, to carry out the provisions of this
subtitle.''.
    (b) Repeals.--
            (1) Community food and nutrition.--Section 681A (42 U.S.C.
        9910a) is repealed.
            (2) Demonstration partnership agreements.--Section 408 of
        the Human Services Reauthorization Act of 1986 (42 U.S.C.
        9910b) is repealed.

SEC. 4. ALLOTMENTS.

    (a) Section Heading.--Section 674 (42 U.S.C. 9903) is amended in
the section heading to read as follows:

                            ``allotments''.

    (b) Set-Asides.--Section 674 (42 U.S.C. 9903) is amended--
            (1) by redesignating subsections (a), (b), and (c) as
        subsections (e), (f), and (g), respectively; and
            (2) by inserting before subsection (e) (as so
        redesignated), the following new subsections:
    ``(a) With respect to amounts appropriated under section 672(b),
the Secretary shall make allotments in accordance with subsections (b)
through (g).
    ``(b) Of the amounts appropriated pursuant to section 672(b) for
fiscal year 1995 and each of the following 4 fiscal years, the
Secretary shall reserve $35,000,000 for each such fiscal year for
carrying out section 681.
    ``(c) Of the amounts appropriated pursuant to section 672(b), the
Secretary may reserve not to exceed one-half of 1 percent of the amount
remaining after the application of subsection (b) for each of the
fiscal years 1995 and 1996, and up to 1 percent of such amount for
fiscal year 1997 and each fiscal year thereafter, for training,
technical assistance, planning, and evaluation activities related to
programs or projects carried out under this Act. Such activities may be
carried out by the Secretary directly or through grants, contracts, or
cooperative agreements.
    ``(d) Of the amounts appropriated pursuant to section 672(b), the
Secretary may reserve not to exceed 2\1/2\ percent of the amount
remaining after the application of subsection (b) for fiscal year 1995,
up to 4 percent of such amount for fiscal year 1996, up to 5 percent of
such amount for fiscal year 1997, and up to 6 percent of such amount
for fiscal year 1998, for grants, contracts, or cooperative agreements
to address needs or problems of the poor which are identified by the
Secretary as priorities in the effort to alleviate the causes of
poverty.''.

SEC. 5. APPLICATIONS AND REQUIREMENTS.

    (a) Assured Activities.--Section 675(c)(1)(B) (42 U.S.C.
9904(c)(1)(B)) is amended by inserting ``the homeless, migrants, and''
before ``the elderly poor''.
    (b) State Responsibilities.--Section 675(c)(2)(B) (42 U.S.C.
9904(c)(2)(B)) is amended to read as follows:
            ``(B) if less than 100 percent of the allotment is expended
        under subparagraph (A), provide assurances that with respect to
        the remainder of the allotment a reasonable amount shall be
        used for--
                    ``(i) monitoring the activities of eligible
                entities and providing training and technical
                assistance to those entities in need of such
                assistance;
                    ``(ii) coordinating State-operated programs and
                services targeted to low-income children and families
                with services provided by eligible entities funded
                under this Act; and
                    ``(iii) considering the distribution of funds under
                this Act within the State to determine if such funds
                have been targeted to the areas of highest need and,
                thereafter, not more than the greater of $55,000 or 5
                percent of its allotment under section 674 for
                administrative expenses at the State level;''.
    (c) Tripartite Board.--Section 675(c)(3) (42 U.S.C. 9904(c)(3)) is
amended--
            (1) by redesignating subparagraphs (A), (B), and (C) as
        clauses (i), (ii), and (iii), respectively;
            (2) by striking the comma after ``provide assurances that''
        and inserting ``(A)''; and
            (3) by inserting before the semicolon at the end thereof
        ``, and (B) in the case of a public organization receiving
        funds under this subtitle, such organization either establish--
                    ``(i) a board of which at least one-third of the
                members are persons chosen in accordance with
                democratic selection procedures adequate to assure that
                they are representative of the poor in the area served;
                or
                    ``(ii) another mechanism specified by the State to
                assure citizen participation in the planning,
                administration, and evaluation of projects for which
                such organization has been funded;''.
    (d) Community Action Agency Plan.--Section 675(c) (42 U.S.C.
9904(c)) is amended--
            (1) in paragraph (11)(B) by striking ``and'' at the end
        thereof;
            (2) in paragraph (12) by striking the period and inserting
        ``; and''; and
            (3) by inserting after paragraph (12) the following new
        paragraph:
            ``(13) secure from each eligible entity as a condition to
        its receipt of funding under this Act a community action plan
        (which shall be available to the Secretary for inspection) that
        includes--
                    ``(A) a community needs assessment (including food
                needs);
                    ``(B) a description of the service delivery system
                targeted to low-income individuals and families in the
                service area;
                    ``(C) a description of how linkages will be
                developed to fill identified gaps in services through
                information, referral, case management, and followup
                consultations;
                    ``(D) a description of how funding under this Act
                will be coordinated with other public and private
                resources; and
                    ``(E) a description of outcome measures to be used
                to monitor success in promoting self-sufficiency,
                family stability, and community revitalization.''.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall become effective with respect
to fiscal years beginning on or after October 1, 1994.

Summary: Community Services Block Grant Amendments of 1994 - Amends the Community Services Block Grant Act to authorize a community initiative grant program to carry out economic development activities in economically distressed communities. Extends the authorization of appropriations for the community services block grant program. Obligates funds for the community initiatives program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Juvenile Corrections Act of 1997''.

SEC. 2. GRANTS FOR FACILITIES FOR VIOLENT AND SERIOUS CHRONIC JUVENILE
              OFFENDERS.

    (a) Definitions.--In this section--
            (1) the term ``Administrator'' means the Administrator of
        the Office of Juvenile Justice and Delinquency Prevention of
        the Department of Justice;
            (2) the term ``combination'' has the same meaning as in
        section 103 of the Juvenile Justice and Delinquency Prevention
        Act of 1974 (42 U.S.C. 5603);
            (3) the term ``juvenile delinquency program'' has the same
        meaning as in section 103 of the Juvenile Justice and
        Delinquency Prevention Act of 1974 (42 U.S.C. 5603);
            (4) the term ``qualifying State'' means a State that has
        submitted, or a State in which an eligible unit of local
        government has submitted, a grant application that meets the
        requirements of subsections (c) and (e);
            (5) the terms ``secure detention facility'' and ``secure
        correctional facility'' have the same meanings as in section
        103 of the Juvenile Justice and Delinquency Prevention Act of
        1974 (42 U.S.C. 5603);
            (6) the term ``State'' means a State, the District of
        Columbia, the Commonwealth of Puerto Rico, the United States
        Virgin Islands, American Samoa, Guam, and the Northern Mariana
        Islands; and
            (7) the term ``unit of local government'' has the same
        meaning as in section 103 of the Juvenile Justice and
        Delinquency Prevention Act of 1974 (42 U.S.C. 5603).
    (b) Authorization of Grants.--The Administrator may make grants to
States and units of local government, or combinations thereof, to
assist them in planning, establishing, and operating secure detention
facilities, secure correctional facilities, and other facilities and
programs for violent juveniles and serious chronic juvenile offenders
who are accused of or who have been adjudicated as having committed one
or more offenses.
    (c) Applications.--
            (1) In general.--The chief executive officer of a State or
        unit of local government that seeks to receive a grant under
        this section shall submit to the Administrator an application,
        in such form and in such manner as the Administrator may
        prescribe.
            (2) Contents.--Each application submitted under paragraph
        (1) shall--
                    (A) provide assurances that each facility or
                program funded with a grant under this section will
                provide appropriate educational and vocational training
                and substance abuse treatment for juvenile offenders;
                and
                    (B) provide assurances that each facility or
                program funded with a grant under this section will
                afford juvenile offenders intensive post-release
                supervision and services.
    (d) Minimum Amount.--Of the total amount made available under
subsection (g) to carry out this section in any fiscal year--
            (1) except as provided in paragraph (2), each qualifying
        State, together with units of local government within the
        State, shall be allocated not less than 1.0 percent; and
            (2) the United States Virgin Islands, American Samoa, Guam,
        and the Northern Mariana Islands shall each be allocated 0.2
        percent.
    (e) Performance Evaluation.--
            (1) Evaluation components.--
                    (A) In general.--Each facility or program funded
                with a grant under this section shall contain an
                evaluation component developed pursuant to guidelines
                established by the Administrator.
                    (B) Outcome measures.--Each evaluation required by
                this subsection shall include outcome measures that can
be used to determine the effectiveness of each program funded with
grant under this section, including the effectiveness of the program in
comparison with other juvenile delinquency programs in reducing the
incidence of recidivism, and other outcome measures.
            (2) Periodic review and reports.--
                    (A) Review.--The Administrator shall review the
                performance of each recipient of a grant under this
                section.
                    (B) Reports.--The Administrator may require a grant
                recipient to submit to the Office of Juvenile Justice
                and Delinquency Prevention of the Department of Justice
                the results of the evaluations required under paragraph
                (1) and such other data and information as may be
                reasonably necessary to carry out the Administrator's
                responsibilities under this section.
    (f) Technical Assistance and Training.--The Administrator shall
provide technical assistance and training to each recipient of a grant
under this section to assist those recipients in achieving the purposes
of this section.
    (g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
            (1) $252,700,000 for fiscal year 1998;
            (2) $266,000,000 for fiscal year 1999; and
            (3) $275,310,000 for fiscal year 2000.

SEC. 3. COMPENSATING REDUCTION OF AUTHORIZATION OF APPROPRIATIONS.

    Section 20108(a)(1) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13708(a)(1)) is amended by striking
subparagraphs (C) through (E) and inserting the following:
                    ``(C) $2,274,300,000 for fiscal year 1998;
                    ``(D) $2,394,000,000 for fiscal year 1999; and
                    ``(E) $2,477,790,000 for fiscal year 2000.''.

SEC. 4. REPORT ON ACCOUNTABILITY AND PERFORMANCE MEASURES IN JUVENILE
              CORRECTIONS PROGRAMS.

    (a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall, after consultation with
the National Institute of Justice and other appropriate governmental
and nongovernmental organizations, submit to Congress a report
regarding the possible use of performance-based criteria in evaluating
and improving the effectiveness of juvenile delinquency programs.
    (b) Contents.--The report required under this section shall include
an analysis of--
            (1) the range of performance-based measures that might be
        utilized as evaluation criteria, including measures of
        recidivism among juveniles who have been incarcerated in a
        secure correctional facility or a secure detention facility, or
        who have participated in a juvenile delinquency program;
            (2) the feasibility of linking Federal juvenile corrections
        funding to the satisfaction of performance-based criteria by
        grantees (including the use of a Federal matching mechanism
        under which the share of Federal funding would vary in relation
        to the performance of a facility or program);
            (3) whether, and to what extent, the data necessary for the
        Office of Juvenile Justice and Delinquency Prevention of the
        Department of Justice to utilize performance-based criteria in
        its administration of juvenile delinquency programs are
        collected and reported nationally; and
            (4) the estimated cost and feasibility of establishing
        minimal, uniform data collection and reporting standards
        nationwide that would allow for the use of performance-based
        criteria in evaluating secure correctional facilities, secure
        detention facilities, and juvenile delinquency programs and in
        administering amounts appropriated for Federal juvenile
        delinquency programs.

Summary: Juvenile Corrections Act of 1997 - Authorizes the Administrator of Juvenile Justice and Delinquency Prevention to make grants to assist States and local governments in planning, establishing, and operating secure detention and correctional facilities and other facilities and programs for violent juveniles and serious chronic juvenile offenders who are accused of, or who have been adjudicated as having committed, one or more offenses. Sets forth provisions regarding: (1) application requirements, (2) minimum amounts allocated to qualifying States, (3) performance evaluations. And (4) technical assistance and training. Authorizes appropriations. Amends the Violent Crime Control and Law Enforcement Act of 1994 to make a compensating reduction of the authorization of appropriations from Violent Offender Incarceration and Truth in Sentencing Incentive Grants. Directs the Administrator to submit to the Congress a report regarding the possible use of performance-based criteria in evaluating and improving the effectiveness of juvenile delinquency programs.

Juvenile Corrections Act of 1997


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Free to Fly Act''.

SEC. 2. DEFINITIONS.

    Section 40102(a) of title 49, United States Code, is amended--
            (1) in paragraph (2) by striking ``citizen of the United
        States'' and inserting ``citizen of the United States, or other
        person organized under the laws of the United States or a
        State, the District of Columbia, or a territory or possession
        of the United States,'';
            (2) in paragraph (15)(C)--
                    (A) by striking ``of which the president and at
                least two-thirds of the board of directors'' and
                inserting ``of which the president and at least 51
                percent of the board of directors''; and
                    (B) by striking ``at least 75 percent of the voting
                interest'' and inserting ``at least 51 percent of the
                voting interest'';
            (3) in paragraph (21) by striking ``not a citizen of the
        United States'' and inserting ``who is not organized under the
        laws of the United States or a State, the District of Columbia,
        or a territory or possession of the United States''; and
            (4) in paragraph (26) by striking ``citizen of the United
        States'' and inserting ``citizen of the United States or other
        person organized under the laws of the United States or a
        State, the District of Columbia, or a territory or possession
        of the United States''.

SEC. 3. REQUIREMENT FOR CERTIFICATE.

    Section 41101(b) of title 49, United States Code, is amended--
            (1) by striking ``citizen of the United States'' and
        inserting ``citizen of the United States or other person
        organized under the laws of the United States or a State, the
        District of Columbia, or a territory or possession of the
        United States'';
            (2) in paragraph (1) by striking ``citizen'' and inserting
        ``citizen or other person'';
            (3) by redesignating subsection (c) as subsection (d); and
            (4) by inserting after subsection (b) the following:
    ``(c) Additional Requirements for Non-Citizens Operating Certain
Routes.--In order for a person who is not a citizen of the United
States and who is not a foreign air carrier to be issued and maintain a
certificate for air transportation or intrastate air transportation,
all employees and managing officers, other than the board of directors,
must be citizens, nationals, or lawful permanent residents of the
United States, and the person's headquarters and base of operations
must be located in the United States.''.

SEC. 4. ISSUANCE OF CERTIFICATES OF PUBLIC CONVENIENCE.

    Section 41102 of title 49, United States Code, is amended--
            (1) by striking the subsection heading in subsection (a)
        and inserting ``Issuance to a Citizen'';
            (2) by redesignating subsections (b), (c), and (d) as
        subsections (c), (d), and (e), respectively;
            (3) by inserting after subsection (a) the following:
    ``(b) Issuance to Other Persons.--The Secretary of Transportation
may issue a certificate of public convenience and necessity to a person
organized under the laws of the United States or a State, the District
of Columbia, or a territory or possession of the United States, of
which more than 49 percent of the board of directors are not citizens
of the United States, which is not under the actual control of citizens
of the United States, or in which more than 49 percent of the voting
interest is owned or controlled by persons that are not citizens of the
United States, to provide any part of the following air transportation
the person has applied for under section 41108 of this title:
            ``(1) Air transportation as an air carrier.
            ``(2) Temporary air transportation as an air carrier for a
        limited period.
            ``(3) Charter air transportation as a charter air
        carrier.'';
            (4) in subsection (c), as redesignated--
                    (A) by striking ``under subsection (a)'' each place
                it appears and inserting ``under subsection (a) or
                subsection (b)'' in each such place; and
                    (B) by striking ``citizen'' and inserting ``citizen
                or other person''; and
            (5) by striking subsection (e), as redesignated, and
        inserting the following:
    ``(e) Presidential Review of Certain Certificates.--The Secretary
shall submit each decision to the President under section 41307 of this
title authorizing--
            ``(1) the provision of foreign air transportation; or
            ``(2) the provision of interstate air transportation or
        intrastate air transportation by a person who is not a citizen
        of the United States.''.

SEC. 5. CIVIL RESERVE AIR FLEET ELIGIBILITY.

    Section 41106 of title 49, United States Code, is amended by
striking subsection (d) and inserting the following:
    ``(d) Exception.--The Secretary of Defense may contract with an air
carrier that does not meet all requirements if--
            ``(1) the Secretary decides that no air carrier holding a
        certificate under section 41102 is capable of providing, and
        willing to provide, the airlift services; or
            ``(2) the Secretary decides to grant a waiver under section
        9518 of title 10, United States Code, for a person who is not a
        citizen of the United States and who is organized under the
        laws of the United States that has a certificate of public
        convenience and necessity, from the Civil Reserve Air Fleet
        citizenship requirements for the purposes of eligibility and
        participation.''.

SEC. 6. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE.

    Section 41108 of title 49, United States Code, is amended--
            (1) in subsection (a) by striking ``citizen of the United
        States'' and inserting ``citizen of the United States or other
        person organized under the laws of the United States or a
        State, the District of Columbia, or a territory or possession
        of the United States'';
            (2) in subsections (b) and (c) by striking ``citizen'' each
        place it appears and inserting ``citizen or other person'';
            (3) in subsection (b)(3)(A) by striking ``interstate air
        transportation'' and inserting ``interstate air transportation
        provided by a citizen''; and
            (4) in subsection (b)(3)(B) by striking ``foreign air
        transportation'' and inserting ``interstate air transportation
        or intrastate air transportation by a person who is not a
        citizen of the United States, or foreign air transportation,''.

SEC. 7. POTENTIAL REVOCATION OF CERTIFICATE.

    Section 41110(a)(2)(B) of title 49, United States Code, is amended
by striking ``sections 41308-41310(a)'' and inserting ``sections
41101(c), 41308-41310(a)''.

SEC. 8. LIABILITY INSURANCE AND FINANCIAL RESPONSIBILITY.

    Section 41112(a) of title 49, United States Code, is amended--
            (1) by striking ``citizen of the United States'' and
        inserting ``citizen of the United States, or other person
        organized under the laws of the United States or a State, the
        District of Columbia, or a territory or possession of the
        United States''; and
            (2) by striking ``citizen'' the second place it appears and
        inserting ``citizen or other person''.

SEC. 9. PRESIDENTIAL REVIEW OF FOREIGN AIR CARRIERS AND OTHER NON-
              CITIZENS.

    Section 41307 of title 49, United States Code, is amended--
            (1) by striking the section heading and inserting
        ``Presidential review of actions about foreign air
        transportation and air transportation provided by non-
        citizens''; and
            (2) by striking ``to provide foreign air transportation''
        and inserting ``to provide foreign air transportation, or for a
        person who is not a citizen of the United States to provide air
        transportation or intrastate air transportation''.

SEC. 10. JOINT PRICING.

    Section 41503 of title 49, United States Code, is amended by
striking ``citizen of the United States'' and inserting ``a citizen of
the United States or other person organized under the laws of the
United States or a State, the District of Columbia, or a territory or
possession of the United States''.

SEC. 11. NAVIGATION OF FOREIGN CIVIL AIRCRAFT.

    Section 41703(a) of title 49, United States Code, is amended--
            (1) in paragraph (4) by striking the period and inserting
        ``; or''; and
            (2) by adding at the end the following:
            ``(5) if specifically authorized under sections 41102 and
        41108, and if the airman holds a certificate issued or made
        valid by the Government.''.

SEC. 12. WAIVERS FOR NON-CITIZEN AIR CARRIER PARTICIPATION IN THE CIVIL
              RESERVE AIR FLEET.

    (a) In General.--Chapter 931 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 9518. Non-citizen air carriers: waiver authority
    ``(a) Waiver Authority.--In the case of any air carrier described
in subsection (b) or any aircraft owned by an air carrier described in
subsection (b), the Secretary of Defense may waive any citizenship
requirement under this chapter. Any such waiver--
            ``(1) shall be for a period not to exceed two years;
            ``(2) may be revoked at any time by the Secretary; and
            ``(3) may be renewed for an additional two-year period for
        an unlimited number of times.
    ``(b) Air Carrier Described.--An air carrier described in this
section is an air carrier--
            ``(1) owned by a person who is not a citizen of the United
        States and who is organized under the laws of the United States
        or a State, territory, or the District of Columbia; and
            ``(2) that holds a certificate of public convenience and
        necessity under section 41102 of title 49.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``9518. Non-citizen air carriers: waiver authority.''.

Summary: Free to Fly Act The bill modifies definitions relating to aviation to permit a foreign air carrier to own US domestic air routes. The foreign carrier may establish US-based subsidiaries for such purpose. All foreign-owed air carriers that obtain a certificate to fly domestic routes may only hire US citizens or nationals, or permanent legal residents. The Department of Transportation (DOT) may issue a certificate of public convenience and necessity to a foreign air carrier with a board of directors that is comprised of more than 49 non-US citizens. The bill expands the scope of the President's review of DOT actions involving foreign air carriers. The Department of Defense may waive citizenship requirements for certain foreign air carriers participating in the civil reserve air fleet.

Free to Fly Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chickasaw National Recreation Area
Land Exchange Act of 2004''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
        (1) By provision 64 of the agreement between the United States
    and the Choctaws and Chickasaws dated March 21, 1902 (32 Stat. 641,
    655-56), approved July 1, 1902, 640 acres of property were ceded to
    the United States for the purpose of creating Sulphur Springs
    Reservation, later known as Platt National Park, to protect water
    and other resources and provide public access.
        (2) In 1976, Platt National Park, the Arbuckle Recreation Area,
    and additional lands were combined to create Chickasaw National
    Recreation Area to protect and expand water and other resources as
    well as to memorialize the history and culture of the Chickasaw
    Nation.
        (3) More recently, the Chickasaw Nation has expressed interest
    in establishing a cultural center inside or adjacent to the park.
        (4) The Chickasaw National Recreation Area's Final Amendment to
    the General Management Plan (1994) found that the best location for
    a proposed Chickasaw Nation Cultural Center is within the
    Recreation Area's existing boundary and that the selected cultural
    center site should be conveyed to the Chickasaw Nation in exchange
    for land of equal value.
        (5) The land selected to be conveyed to the Chickasaw Nation
    holds significant historical and cultural connections to the people
    of the Chickasaw Nation.
        (6) The City of Sulphur, Oklahoma, is a key partner in this
    land exchange through its donation of land to the Chickasaw Nation
    for the purpose of exchange with the United States.
        (7) The City of Sulphur, Oklahoma, has conveyed fee simple
    title to the non-Federal land described as Tract 102-26 to the
    Chickasaw Nation by Warranty Deed.
        (8) The National Park Service, the Chickasaw Nation, and the
    City of Sulphur, Oklahoma, have signed a preliminary agreement to
    effect a land exchange for the purpose of the construction of a
    cultural center.
    (b) Purpose.--The purpose of this Act is to authorize, direct,
facilitate, and expedite the land conveyance in accordance with the
terms and conditions of this Act.

SEC. 3. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
        (1) Federal land.--The term ``Federal land'' means the
    Chickasaw National Recreational Area lands and interests therein,
    identified as Tract 102-25 on the Map.
        (2) Non-federal land.--The term ``non-Federal land'' means the
    lands and interests therein, formerly owned by the City of Sulphur,
    Oklahoma, and currently owned by the Chickasaw Nation, located
    adjacent to the existing boundary of Chickasaw National Recreation
    Area and identified as Tract 102-26 on the Map.
        (3) Map.--The term ``Map'' means the map entitled ``Proposed
    Land Exchange and Boundary Revision, Chickasaw National Recreation
    Area'', dated September 8, 2003, and numbered 107/800035a.
        (4) Secretary.--The term ``Secretary'' means the Secretary of
    the Interior.

SEC. 4. CHICKASAW NATIONAL RECREATION AREA LAND CONVEYANCE.

    (a) Land Conveyance.--Not later then 6 months after the Chickasaw
Nation conveys all right, title, and interest in and to the non-Federal
land to the United States, the Secretary shall convey all right, title,
and interest in and to the Federal land to the Chickasaw Nation.
    (b) Valuation of Land to Be Conveyed.--The fair market values of
the Federal land and non-Federal land shall be determined by an
appraisal acceptable to the Secretary and the Chickasaw Nation. The
appraisal shall conform with the Federal appraisal standards, as
defined in the Uniform Appraisal Standards for Federal Land
Acquisitions developed by the Interagency Land Acquisition Conference,
1992, and any amendments to these standards.
    (c) Equalization of Values.--If the fair market values of the
Federal land and non-Federal land are not equal, the values may be
equalized by the payment of a cash equalization payment by the
Secretary or the Chickasaw Nation, as appropriate.
    (d) Conditions.--
        (1) In general.--Notwithstanding subsection (a), the conveyance
    of the non-Federal land authorized under subsection (a) shall not
    take place until the completion of all items included in the
    Preliminary Exchange Agreement among the City of Sulphur, the
    Chickasaw Nation, and the National Park Service, executed on July
    16, 2002, except as provided in paragraph (2).
        (2) Exception.--The item included in the Preliminary Exchange
    Agreement among the City of Sulphur, the Chickasaw Nation, and the
    National Park Service, executed on July 16, 2002, providing for the
    Federal land to be taken into trust for the benefit of the
    Chickasaw Nation shall not apply.
    (e) Administration of Acquired Land.--Upon completion of the land
exchange authorized under subsection (a), the Secretary--
        (1) shall revise the boundary of Chickasaw National Recreation
    Area to reflect that exchange; and
        (2) shall administer the land acquired by the United States in
    accordance with applicable laws and regulations.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: Chickasaw National Recreation Area Land Exchange Act of 2004 - Directs the Secretary of the Interior, not later than six months after the Chickasaw Nation conveys all interest in specified non-Federal land , to take specified Federal land into trust for the benefit of the Chickasaw Nation. Requires that the value of the Federal and non-Federal land be determined by an appraisal acceptable to the Secretary and the Chickasaw Nation. Directs that if the values of the lands are not equal they may be equalized through a cash equalization payment by the Secretary or the Chickasaw Nation. Conditions the land conveyance on the completion of all items included in the Preliminary Exchange Agreement among the City of Sulphur, the Chickasaw Nation, and the National Park Service, executed on July 16, 2002, but makes inapplicable the item providing that the Federal land be taken into trust for the benefit of the Chickasaw Nation.

To provide for the conveyance of certain land to the United States and to revise the boundary of Chickasaw National Recreation Area, Oklahoma, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Acquiring Community Care
Expect Safe Services Act of 2017'' or the ``Veterans ACCESS Act''.

SEC. 2. PREVENTION OF CERTAIN HEALTH CARE PROVIDERS FROM PROVIDING NON-
              DEPARTMENT HEALTH CARE SERVICES TO VETERANS.

    (a) In General.--On and after the date that is one year after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall deny or revoke the eligibility of a health care provider to
provide non-Department health care services to veterans if the
Secretary determines that the health care provider--
            (1) was removed from employment with the Department of
        Veterans Affairs due to conduct that violated a policy of the
        Department relating to the delivery of safe and appropriate
        health care;
            (2) violated the requirements of a medical license of the
        health care provider;
            (3) had a Department credential revoked and the grounds for
        such revocation impacts the ability of the health care provider
        to deliver safe and appropriate health care; or
            (4) violated a law for which a term of imprisonment of more
        than one year may be imposed.
    (b) Permissive Action.--On and after the date that is one year
after the date of the enactment of this Act, the Secretary may deny,
revoke, or suspend the eligibility of a health care provider to provide
non-Department health care services if the Secretary has reasonable
belief that such action is necessary to immediately protect the health,
safety, or welfare of veterans and--
            (1) the health care provider is under investigation by the
        medical licensing board of a State in which the health care
        provider is licensed or practices;
            (2) the health care provider has entered into a settlement
        agreement for a disciplinary charge relating to the practice of
        medicine by the health care provider; or
            (3) the Secretary otherwise determines that such action is
        appropriate under the circumstances.
    (c) Suspension.--The Secretary shall suspend the eligibility of a
health care provider to provide non-Department health care services to
veterans if the health care provider is suspended from serving as a
health care provider of the Department.
    (d) Initial Review of Department Employment.--Not later than one
year after the date of the enactment of this Act, with respect to each
health care provider providing non-Department health care services, the
Secretary shall review the status of each such health care provider as
an employee of the Department and the history of employment of each
such health care provider with the Department to determine whether the
health care provider is described in any of subsections (a) through
(c).
    (e) Comptroller General Report.--Not later than two years after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the implementation
by the Secretary of this section, including the following:
            (1) The aggregate number of health care providers denied or
        suspended under this section from participation in providing
        non-Department health care services.
            (2) An evaluation of any impact on access to health care
        for patients or staffing shortages in programs of the
        Department providing non-Department health care services.
            (3) An explanation of the coordination of the Department
        with the medical licensing boards of States in implementing
        this section, the amount of involvement of such boards in such
        implementation, and efforts by the Department to address any
        concerns raised by such boards with respect to such
        implementation.
            (4) Such recommendations as the Comptroller General
        considers appropriate regarding harmonizing eligibility
        criteria between health care providers of the Department and
        health care providers eligible to provide non-Department health
        care services.
    (f) Non-Department Health Care Services Defined.--In this section,
the term ``non-Department health care services'' means services--
            (1) provided under subchapter I of chapter 17 of title 38,
        United States Code, at non-Department facilities (as defined in
        section 1701 of such title);
            (2) provided under section 101 of the Veterans Access,
        Choice, and Accountability Act of 2014 (Public Law 113-146; 38
        U.S.C. 1701 note);
            (3) purchased through the Medical Community Care account of
        the Department; or
            (4) purchased with amounts deposited in the Veterans Choice
        Fund under section 802 of the

         Veterans Access, Choice, and Accountability Act of 2014.

            Passed the Senate November 9, 2017.

            Attest:

                                                JULIE E. ADAMS,

                                                             Secretary.

Summary: Veterans Acquiring Community Care Expect Safe Services Act of 2017 or the Veterans ACCESS Act This bill directs the Department of Veterans Affairs (VA) to deny or revoke eligibility to provide non-VA health care services to veterans for any any health care provider that: (1) was removed from VA employment for violating VA policy relating to the delivery of safe and appropriate health care, (2) violated medical license requirements, (3) had a VA credential revoked on grounds that impact the provider's ability to deliver safe and appropriate health care, or (4) violated a law for which a prison term of more than one year may be imposed. The VA may deny, revoke, or suspend a health care provider's eligibility to provide non-VA health care services based on a reasonable belief that such action is necessary to immediately protect the health or safety of veterans if: (1) the provider is under investigation by a state's medical licensing board, (2) the provider has entered into a settlement agreement for a disciplinary charge relating to the practice of medicine, or (3) the VA otherwise determines that such action is appropriate. The VA shall suspend a health care provider's eligibility to provide non-VA health care services to veterans if such provider is suspended from serving as a VA medical provider.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Allergy and Anaphylaxis
Management Act of 2008''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) Food allergy is an increasing food safety and public
        health concern in the United States, especially among students.
            (2) Peanut allergy doubled among children from 1997 to
        2002.
            (3) In a 2004 survey of 400 elementary school nurses, 37
        percent reported having at least 10 students with severe food
        allergies and 62 percent reported having at least 5.
            (4) Forty-four percent of the elementary school nurses
        surveyed reported that the number of students in their school
        with food allergy had increased over the past 5 years, while
        only 2 percent reported a decrease.
            (5) In a 2001 study of 32 fatal food-allergy induced
        anaphylactic reactions (the largest study of its kind to date),
        more than half (53 percent) of the individuals were aged 18 or
        younger.
            (6) Eight foods account for 90 percent of all food-allergic
        reactions: milk, eggs, fish, shellfish, tree nuts, peanuts,
        wheat, and soy.
            (7) Currently, there is no cure for food allergies; strict
        avoidance of the offending food is the only way to prevent a
        reaction.
            (8) Anaphylaxis is a systemic allergic reaction that can
        kill within minutes.
            (9) Food-allergic reactions are the leading cause of
        anaphylaxis outside the hospital setting, accounting for an
        estimated 30,000 emergency room visits, 2,000 hospitalizations,
        and 150 to 200 deaths each year in the United States.
            (10) Fatalities from anaphylaxis are associated with a
        delay in the administration of epinephrine (adrenaline), or
        when epinephrine was not administered at all. In a study of 13
        food allergy-induced anaphylactic reactions in school-age
        children (6 fatal and 7 near fatal), only 2 of the children who
        died received epinephrine within 1 hour of ingesting the
        allergen, and all but 1 of the children who survived received
        epinephrine within 30 minutes.
            (11) The importance of managing life-threatening food
        allergies in the school setting has been recognized by the
        American Medical Association, the American Academy of
        Pediatrics, the American Academy of Allergy, Asthma and
        Immunology, the American College of Allergy, Asthma and
        Immunology, and the National Association of School Nurses.
            (12) There are no Federal guidelines concerning the
        management of life-threatening food allergies in the school
        setting.
            (13) Three-quarters of the elementary school nurses
        surveyed reported developing their own training guidelines.
            (14) Relatively few schools actually employ a full-time
        school nurse. Many are forced to cover more than 1 school, and
        are often in charge of hundreds if not thousands of students.
            (15) Parents of students with severe food allergies often
        face entirely different food allergy management approaches when
        their students change schools or school districts.
            (16) In a study of food allergy reactions in schools and
        day-care settings, delays in treatment were attributed to a
        failure to follow emergency plans, calling parents instead of
        administering emergency medications, and an inability to
        administer epinephrine.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) ESEA definitions.--The terms ``local educational
        agency'', ``secondary school'', and ``elementary school'' have
        the meanings given the terms in section 9101 of the Elementary
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) School.--The term ``school'' includes public--
                    (A) kindergartens;
                    (B) elementary schools; and
                    (C) secondary schools.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services, in consultation with the
        Secretary of Education.

SEC. 4. ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY AND ANAPHYLAXIS
              MANAGEMENT POLICY.

    (a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
            (1) develop a policy to be used on a voluntary basis to
        manage the risk of food allergy and anaphylaxis in schools; and
            (2) make such policy available to local educational
        agencies and other interested individuals and entities,
        including licensed child care providers, preschool programs,
        and Head Start, to be implemented on a voluntary basis only.
    (b) Contents.--The voluntary policy developed by the Secretary
under subsection (a) shall contain guidelines that address each of the
following:
            (1) Parental obligation to provide the school, prior to the
        start of every school year, with--
                    (A) documentation from the student's physician or
                nurse--
                            (i) supporting a diagnosis of food allergy
                        and the risk of anaphylaxis;
                            (ii) identifying any food to which the
                        student is allergic;
                            (iii) describing, if appropriate, any prior
                        history of anaphylaxis;
                            (iv) listing any medication prescribed for
                        the student for the treatment of anaphylaxis;
                            (v) detailing emergency treatment
                        procedures in the event of a reaction;
                            (vi) listing the signs and symptoms of a
                        reaction; and
                            (vii) assessing the student's readiness for
                        self-administration of prescription medication;
                        and
                    (B) a list of substitute meals that may be offered
                to the student by school food service personnel.
            (2) The creation and maintenance of an individual health
        care plan tailored to the needs of each student with a
        documented risk for anaphylaxis, including any procedures for
        the self-administration of medication by such students in
        instances where--
                    (A) the students are capable of self-administering
                medication; and
                    (B) such administration is not prohibited by State
                law.
            (3) Communication strategies between individual schools and
        local providers of emergency medical services, including
        appropriate instructions for emergency medical response.
            (4) Strategies to reduce the risk of exposure to
        anaphylactic causative agents in classrooms and common school
        areas such as cafeterias.
            (5) The dissemination of information on life-threatening
        food allergies to school staff, parents, and students, if
        appropriate by law.
            (6) Food allergy management training of school personnel
        who regularly come into contact with students with life-
        threatening food allergies.
            (7) The authorization and training of school personnel to
        administer epinephrine when the school nurse is not immediately
        available.
            (8) The timely accessibility of epinephrine by school
        personnel when the nurse is not immediately available.
            (9) Extracurricular programs such as non-academic outings
        and field trips, before- and after-school programs, and school-
        sponsored programs held on weekends that are addressed in the
        individual health care plan.
            (10) The collection and publication of data for each
        administration of epinephrine to a student at risk for
        anaphylaxis.
    (c) Relation to State Law.--Nothing in this Act or the policy
developed by the Secretary under subsection (a) shall be construed to
preempt State law, including any State law regarding whether students
at risk for anaphylaxis may self-administer medication.

SEC. 5. VOLUNTARY NATURE OF POLICY AND GUIDELINES.

    The policy developed by the Secretary under section 4(a) and the
food allergy management guidelines contained in such policy are
voluntary. Nothing in this Act or the policy developed by the Secretary
under section 4(a) shall be construed to require a local educational
agency or school to implement such policy or guidelines.

            Passed the House of Representatives April 8, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Food Allergy and Anaphylaxis Management Act of 2008 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies a policy to manage the risk of food allergy and anaphylaxis in schools to be implemented on a voluntary basis only. Directs that such policy address: (1) the documentation of student allergies and the development of an individual health care plan for each such student. (2) communication with emergency medical services, school staff, parents, and students, (3) reduction of exposure to causative agents of food allergies, (4) food allergy management training. And (5) administration of epinephrine. Provides that the policy developed by the Secretary and the food allergy management guidelines contained in such policy are voluntary.

To direct the Secretary of Health and Human Services, in consultation with the Secretary of Education, to develop a voluntary policy for managing the risk of food allergy and anaphylaxis in schools.