SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Cattle Industry
Improvement Act of 1996''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Expedited implementation of Fund for Rural America.
Sec. 3. Prohibition on noncompetitive practices.
Sec. 4. Domestic market reporting.
Sec. 5. Import and export reporting.
Sec. 6. Protection of livestock producers against retaliation by
                            packers.
Sec. 7. Review of Federal agriculture credit policies.
Sec. 8. Streamlining and consolidating the United States food
                            inspection system.
Sec. 9. Labeling system for meat and meat food products produced in the
                            United States.
Sec. 10. Spot transactions involving bulk cheese.

SEC. 2. EXPEDITED IMPLEMENTATION OF FUND FOR RURAL AMERICA.

    Section 793(b)(1) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 2204f(b)(1)) is amended by striking ``January 1,
1997,'' and all that follows through ``October 1, 1999,'' and inserting
``November 10, 1996, October 1, 1997, and October 1, 1998,''.

SEC. 3. PROHIBITION ON NONCOMPETITIVE PRACTICES.

    Section 202 of the Packers and Stockyards Act, 1921 (7 U.S.C. 192),
is amended--
            (1) in subsection (g), by striking the period at the end
        and inserting ``; or''; and
            (2) by adding at the end the following:
    ``(h) Engage in any practice or device that the Secretary by
regulation, after consultation with producers of cattle, lamb, and
hogs, and other persons in the cattle, lamb, and hog industries,
determines is a detrimental noncompetitive practice or device relating
to the price or a term of sale for the procurement of livestock or the
sale of meat or other byproduct of slaughter.''.

SEC. 4. DOMESTIC MARKET REPORTING.

    (a) Persons in Slaughter Business.--Section 203(g) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1622(g)) is amended--
            (1) by inserting ``(1)'' before ``To collect''; and
            (2) by adding at the end the following:
    ``(2) Each person engaged in the business of slaughtering livestock
who carries out more than 5 percent of the national slaughter for a
given species shall report to the Secretary in such manner as the
Secretary shall require, as soon as practicable but not later than 24
hours after a transaction takes place, such information relating to
prices and the terms of sale for the procurement of livestock and the
sale of meat food products and livestock products as the Secretary
determines is necessary to carry out this subsection.
    ``(3) Whoever knowingly fails or refuses to provide to the
Secretary information required to be reported by paragraph (2) shall be
fined under title 18, United States Code, or imprisoned for not more
than 5 years, or both.
    ``(4) The Secretary shall encourage voluntary reporting by any
person engaged in the business of slaughtering livestock who carries
out 5 percent or less of the national slaughter for a given species.
    ``(5) The Secretary shall make information received under this
subsection available to the public only in the aggregate and shall
ensure the confidentiality of persons providing the information.''.
    (b) Elimination of Outmoded Reports.--The Secretary of Agriculture,
after consultation with producers and other affected parties, shall
periodically--
            (1) eliminate obsolete reports; and
            (2) streamline the collection and reporting of data related
        to livestock and meat and livestock products, using modern data
        communications technology, to provide information to the public
        on as close to a real-time basis as practicable.
    (c) Definition of ``Captive Supply''.--For the purpose of
regulations issued by the Secretary of Agriculture relating to
reporting under the Agricultural Marketing Act of 1946 (7 U.S.C. 1621
et seq.) and the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et
seq.), the term ``captive supply'' means livestock obligated to a
packer in any form of transaction in which more than 7 days elapses
from the date of obligation to the date of delivery of the livestock.

SEC. 5. IMPORT AND EXPORT REPORTING.

    (a) Exports.--Section 602(a)(1) of the Agricultural Trade Act of
1978 (7 U.S.C. 5712(a)(1)) is amended by inserting after ``products
thereof,'' the following: ``and meat food products and livestock
products (as the terms are defined in section 2 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 182)),''.
    (b) Imports.--
            (1) In general.--The Secretary of Agriculture and the
        Secretary of Commerce shall, using modern data communications
        technology to provide the information to the public on as close
        to a real-time basis as practicable, jointly make available to
        the public aggregate price and quantity information on imported
        meat food products, livestock products, and livestock (as the
        terms are defined in section 2 of the Packers and Stockyards
        Act, 1921 (7 U.S.C. 182)).
            (2) First report.--The Secretaries shall release to the
        public the first report under paragraph (1) not later than 60
        days after the date of enactment of this Act.

SEC. 6. PROTECTION OF LIVESTOCK PRODUCERS AGAINST RETALIATION BY
              PACKERS.

    (a) Retaliation Prohibited.--Section 202(b) of the Packers and
Stockyards Act, 1921 (7 U.S.C. 192(b)), is amended--
            (1) by striking ``or subject'' and inserting ``subject'';
        and
            (2) by inserting before the semicolon at the end the
        following: ``, or retaliate against any livestock producer on
        account of any statement made by the producer (whether made to
        the Secretary or a law enforcement agency or in a public forum)
        regarding an action of any packer''.
    (b) Special Requirements Regarding Allegations of Retaliation.--
Section 203 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193), is
amended by adding at the end the following:
    ``(e) Special Procedures Regarding Allegations of Retaliation.--
            ``(1) Consideration by special panel.--The President shall
        appoint a special panel consisting of 3 members to receive and
        initially consider a complaint submitted by any person that
        alleges prohibited packer retaliation under section 202(b)
        directed against a livestock producer.
            ``(2) Complaint; hearing.--If the panel has reason to
        believe from the complaint or resulting investigation that a
        packer has violated or is violating the retaliation prohibition
        under section 202(b), the panel shall notify the Secretary who
        shall cause a complaint to be issued against the packer, and a
        hearing conducted, under subsection (a).
            ``(3) Evidentiary standard.--In the case of a complaint
        regarding retaliation prohibited under section 202(b), the
        Secretary shall find that the packer involved has violated or
        is violating section 202(b) if the finding is supported by a
        preponderance of the evidence.''.
    (c) Damages for Producers Suffering Retaliation.--Section 203 of
the Packers and Stockyards Act, 1921 (7 U.S.C. 193) (as amended by
subsection (b)), is amended by adding at the end the following:
    ``(f) Damages for Producers Suffering Retaliation.--
            ``(1) In general.--If a packer violates the retaliation
        prohibition under section 202(b), the packer shall be liable to
        the livestock producer injured by the retaliation for not more
        than 3 times the amount of damages sustained as a result of the
        violation.
            ``(2) Enforcement.--The liability may be enforced either by
        complaint to the Secretary, as provided in subsection (e), or
        by suit in any court of competent jurisdiction.
            ``(3) Other remedies.--This subsection shall not abridge or
        alter a remedy existing at common law or by statute. The remedy
        provided by this subsection shall be in addition to any other
        remedy.''.

SEC. 7. REVIEW OF FEDERAL AGRICULTURE CREDIT POLICIES.

    The Secretary of Agriculture, in consultation with the Secretary of
the Treasury, the Chairman of the Board of Governors of the Federal
Reserve System, and the Chairman of the Board of the Farm Credit
Administration, shall establish an interagency working group to study--
            (1) the extent to which Federal lending practices and
        policies have contributed, or are contributing, to market
        concentration in the livestock and dairy sectors of the
        national economy; and
            (2) whether Federal policies regarding the financial system
        of the United States adequately take account of the weather and
        price volatility risks inherent in livestock and dairy
        enterprises.

SEC. 8. STREAMLINING AND CONSOLIDATING THE UNITED STATES FOOD
              INSPECTION SYSTEM.

    (a) Preparation.--In consultation with the Secretary of
Agriculture, the Secretary of Health and Human Services, and all other
interested parties, the President shall prepare a plan to consolidate
the United States food inspection system that ensures the best use of
available resources to improve the consistency, coordination, and
effectiveness of the United States food inspection system, taking into
account food safety risks.
    (b) Submission.--Not later than 1 year after the date of enactment
of this Act, the President shall submit to Congress the plan prepared
under subsection (a).

SEC. 9. LABELING SYSTEM FOR MEAT AND MEAT FOOD PRODUCTS PRODUCED IN THE
              UNITED STATES.

    (a) Labeling.--Section 7 of the Federal Meat Inspection Act (21
U.S.C. 607) is amended by adding at the end the following:
    ``(g) Labeling of Meat of United States Origin.--
            ``(1) In general.--The Secretary shall develop a system for
        the labeling of carcasses, parts of carcasses, and meat
        produced in the United States from livestock raised in the
        United States, and meat food products produced in the United
        States from the carcasses, parts of carcasses, and meat, to
        indicate the United States origin of the carcasses, parts of
        carcasses, meat, and meat food products.
            ``(2) Assistance.--The Secretary shall provide technical
        and financial assistance to establishments subject to
        inspection under this title to implement the labeling system.
            ``(3) Authorization of appropriations.--There are
        authorized to be appropriated such sums as are necessary to
        carry out this subsection.''.

SEC. 10. SPOT TRANSACTIONS INVOLVING BULK CHEESE.

    (a) In General.--The Secretary of Agriculture shall collect and
publicize, on a weekly basis, statistically reliable information,
obtained from all cheese manufacturing areas in the United States, on
prices and terms of trade for spot transactions involving bulk cheese,
including information on the national average price, and regional
average prices, for bulk cheese sold through spot transactions.
    (b) Confidentiality.--All information provided to, or acquired by,
the Secretary under this section shall be kept confidential by each
officer and employee of the Department of Agriculture, except that
general weekly statements may be issued that are based on the reports
of a number of spot transactions and that do not identify the
information provided by any person.
    (c) Funding.--The Secretary may use funds that are available for
dairy market data collection to carry out this section.

Summary: Cattle Industry Improvement Act of 1996 - Amends the Federal Agriculture Improvement and Reform Act of 1996 to advance the Fund for Rural America's initial funding date. Amends the Packers and Stockyards Act, 1921 to prohibit noncompetitive practices relating to the price or terms of sale of livestock or meat and meat by-products. Amends the Agricultural Marketing Act of 1946 to set forth domestic market reporting requirements for certain persons in the slaughter business. Defines captive supply. Amends the Agricultural Trade Act of 1978 with regard to livestock and meat food products reporting requirements. Amends the Packers and Stockyards Act, 1921 to prohibit retaliation by packers against livestock producers. Provides damages for producers suffering such retaliation. Directs the Secretary of Agriculture to establish an interagency working group to review whether Federal lending practices are contributing to market concentration in the livestock and dairy sectors. Directs the President to prepare a consolidation plan for the US food inspection system. Amends the Federal Meat Inspection Act to require a labeling system for US-produced meat and meat food products. Authorizes appropriations. Directs the Secretary to collect and publicize information on bulk cheese spot transactions.

Cattle Industry Improvement Act of 1996


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Streamlined and Improved Methods at
Polling Locations and Early Voting Act'' or the ``SIMPLE Voting Act''.

SEC. 2. MINIMUM REQUIREMENTS FOR EARLY VOTING AND FOR REDUCING WAITING
              TIMES FOR VOTERS IN FEDERAL ELECTIONS.

    (a) Requirements for States.--Subtitle A of title III of the Help
America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended--
            (1) by redesignating sections 304 and 305 as sections 306
        and 307; and
            (2) by inserting after section 303 the following new
        sections:

``SEC. 304. EARLY VOTING.

    ``(a) In General.--Each State shall allow individuals to vote in an
election for Federal office on each day occurring during the 15-day
period which ends 2 days before the date of the election, in the same
manner as voting is allowed on such day.
    ``(b) Minimum Early Voting Requirements.--Each polling place which
allows voting prior to the date of a Federal election pursuant to
subsection (a) shall--
            ``(1) allow such voting for not less than 10 hours on each
        day; and
            ``(2) have uniform hours each day for which such voting
        occurs.
    ``(c) Location of Polling Places Near Public Transportation.--To
the greatest extent practicable, a State shall ensure that each polling
place which allows voting prior to the date of a Federal election
pursuant to subsection (a) is located within reasonable walking
distance of a stop on a public transportation route.
    ``(d) Standards.--
            ``(1) In general.--The Commission shall issue standards for
        the administration of voting prior to the date scheduled for a
        Federal election. Such standards shall include the
        nondiscriminatory geographic placement of polling places at
        which such voting occurs.
            ``(2) Deviation.--The standards described in paragraph (1)
        shall permit States, upon providing adequate public notice, to
        deviate from any requirement in the case of unforeseen
        circumstances such as a natural disaster, terrorist attack, or
        a change in voter turnout.
    ``(e) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2014.

``SEC. 305. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS.

    ``(a) Preventing Unreasonable Waiting Times.--
            ``(1) In general.--Each State shall provide a sufficient
        number of voting systems, poll workers, and other election
        resources (including physical resources) at a polling place
        used in any election for Federal office, including a polling
        place at which individuals may cast ballots prior to the date
        of the election, to ensure--
                    ``(A) a fair and equitable waiting time for all
                voters in the State; and
                    ``(B) that no individual will be required to wait
                longer than one hour to cast a ballot at the polling
                place.
            ``(2) Criteria.--In determining the number of voting
        systems, poll workers, and other election resources provided at
        a polling place for purposes of paragraph (1), the State shall
        take into account the following factors:
                    ``(A) The voting age population.
                    ``(B) Voter turnout in past elections.
                    ``(C) The number of voters registered.
                    ``(D) The number of voters who have registered
                since the most recent Federal election.
                    ``(E) Census data for the population served by such
                voting site, such as the proportion of the voting-age
                population who are under 25 years of age or who are
                naturalized citizens.
                    ``(F) The educational levels and socio-economic
                factors of the population served by such voting site.
                    ``(G) The needs and numbers of voters with
                disabilities and voters with limited English
                proficiency.
                    ``(H) The type of voting systems used.
                    ``(I) The length and complexity of initiatives,
                referenda, and other questions on the ballot.
                    ``(J) Such other factors as the State considers
                appropriate.
            ``(3) Guidelines.--Not later than 180 days after the date
        of the enactment of this section, the Commission shall
        establish and publish guidelines to assist States in meeting
        the requirements of this subsection.
            ``(4) Rule of construction.--Nothing in this subsection may
        be construed to authorize a State to meet the requirements of
        this subsection by closing any polling place, prohibiting an
        individual from entering a line at a polling place, or refusing
        to permit an individual who has arrived at a polling place
        prior to closing time from voting at the polling place.
    ``(b) Development and Implementation of Contingency Plans.--
            ``(1) In general.--Each State shall develop, and implement
        to the greatest extent practicable, a contingency plan under
        which the State shall provide additional poll workers,
        machines, ballots, and other equipment and supplies (as the
        case may be) on the date of the election to any polling place
        used in an election for Federal office, including a polling
        place at which individuals may cast ballots prior to the date
        of the election, at which waiting times exceed one hour.
            ``(2) Approval of plan by commission.--The State shall
        ensure that the contingency plan developed under paragraph (1)
        is approved by the Commission prior to the date of the election
        involved, in accordance with such procedures as the Commission
        may establish.
    ``(c) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2014.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (42 U.S.C. 15511) is amended by striking ``sections 301, 302,
and 303'' and inserting ``subtitle A of title III''.
    (c) Clerical Amendment.--The table of contents of such Act is
amended--
            (1) by redesignating the items relating to sections 304 and
        305 as relating to sections 306 and 307; and
            (2) by inserting after the item relating to section 303 the
        following new items:

``Sec. 304. Early voting.
``Sec. 305. Preventing unreasonable waiting times for voters.''.

SEC. 3. NO EFFECT ON AUTHORITY OF STATE TO PROVIDE FOR LONGER PERIODS
              OF EARLY VOTING OR GREATER AMOUNT OF RESOURCES AT POLLING
              PLACES.

    Nothing in this Act or in any amendment made by this Act may be
construed to prohibit a State, with respect to any election for Federal
office--
            (1) from providing (in an equitable and nondiscriminatory
        manner) a longer period for early voting than the minimum
        period required under section 304 of the Help America Vote Act
        of 2002 (as added by section 2(a)); or
            (2) from providing (in an equitable and nondiscriminatory
        manner) a greater number of systems, poll workers, and other
        election resources at any polling place than the minimum number
        required under section 305 of such Act (as added by section
        2(a)).

Summary: Streamlined and Improved Methods at Polling Locations and Early Voting Act or SIMPLE Voting Act - Amends the Help America Vote Act of 2002 to require each state to allow individuals to vote in a federal election on each day during the 15-day period ending two days before the election date in the same manner as voting is allowed on election day. Requires a state to ensure that each polling place which allows early voting in a federal election is located within reasonable walking distance of a stop on a public transportation route. Requires the Election Assistance Commission to issue standards for the administration of early voting in a federal election. Requires each state to provide a sufficient number of voting systems, poll workers, and other election resources at a polling place used in a federal election to ensure: (1) a fair and equitable waiting time for all voters in the state, and (2) that no individual will be required to wait longer than one hour to cast a ballot at the polling place. Requires each state to develop, and implement to the greatest extent practicable, a contingency plan under which it shall provide any polling place on a federal election day whose waiting times exceed one hour with additional poll workers, machines, ballots, and other equipment and supplies, including a polling place at which individuals may cast ballots before the election date.

To amend the Help America Vote Act of 2002 to require States to establish a minimum period of 15 days for early voting prior to the date of an election for Federal office and to ensure that no individual will be required to wait for longer than one hour to cast a ballot at a polling place in an election for Federal office.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Influenza Vaccine Emergency Act''.

SEC. 2. EMERGENCY DISTRIBUTIONS OF INFLUENZA VACCINE.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 319K the following
section:

``SEC. 319L. EMERGENCY AUTHORITIES REGARDING SUPPLY OF INFLUENZA
              VACCINE.

    ``(a) Contingency Clauses in Sales Contracts.--In entering into a
contract for the sale of influenza vaccine in interstate commerce, a
manufacturer or distributor of such vaccine shall include in the
contract a provision in writing expressing the policy that the sale to
the purchaser under the contract is subject to the following
conditions:
            ``(1) If the Secretary publishes in the Federal Register a
        declaration that there is a public health emergency by reason
        of a shortage of influenza vaccine, the Secretary has the
        authority, in lieu of such purchaser, to take title to such
        quantities of the vaccine as the Secretary determines to be
        necessary for purposes of the public health, subject to
        subsection (c)(2).
            ``(2) If by reason of the Secretary using the authority
        under paragraph (1) the purchaser does not receive, or loses
        possession of, a quantity of influenza vaccine for which the
        purchaser has made payment, the manufacturer or distributor (as
        the case may be) will provide to the purchaser a refund for
        such quantity.
    ``(b) Compensation.--In the case of a contract for the sale of
influenza vaccine with respect to which the Secretary uses the
authority referred to in subsection (a)(1), the Secretary shall pay to
the manufacturer or distributor involved the same amount as, under the
contract, the manufacturer or distributor received or would have
received for the quantity of vaccine involved.
    ``(c) Agency Procedures.--With respect to the influenza season
involved:
            ``(1) If the Secretary makes an emergency declaration under
        subsection (a)(1), the Secretary shall determine the extent of
        compliance with guidelines for the distribution of influenza
        vaccine that have been established by the Secretary.
            ``(2) The Secretary may not use the authority referred to
        in subsection (a)(1) with respect to any contract unless the
        Secretary has published in the Federal Register, not earlier
        than 30 days after making the emergency declaration under such
        subsection, a determination that the extent of compliance with
        such guidelines has not been sufficient to constitute an
        adequate response to the emergency.
    ``(d) Distribution of Vaccine.--If the Secretary meets the
condition described in subsection (c)(2) for the use of the authority
referred to in subsection (a)(1):
            ``(1) The Secretary may, in lieu of such authority, order
        any manufacturer or distributor of influenza vaccine to honor
        its contracts with States or political subdivisions of States
        for the sale of such vaccine, in any case in which the
        manufacturer or distributor has conflicting obligations under
        its contracts for sale of the vaccine.
            ``(2) Any influenza vaccine to which the Secretary takes
        title under subsection (a)(1) shall be provided--
                    ``(A) to States and political subdivisions of
                States in accordance with the immunization program
                under section 317(j); and
                    ``(B) to such other public or private entities as
                the Secretary determines to be appropriate as a
                response to the emergency involved.
    ``(e) Rules of Construction.--
            ``(1) Emergency declaration.--The Secretary shall be
        considered to have made an emergency declaration under
        subsection (a)(1) if the Secretary publishes in the Federal
        Register a declaration described in such subsection.
            ``(2) Emergency shortage.--
                    ``(A) Overall quantity vs. delivery waiting time.--
                Without regard to whether the Secretary considers as
                adequate the total quantity of influenza vaccine that
                has been or is being manufactured for the influenza
                season involved, the Secretary may make an emergency
                declaration under subsection (a)(1) if the Secretary
                determines that the delivery waiting time for States or
                political subdivisions of States to receive the vaccine
                for the season is a period whose duration constitutes a
                significant threat to children, adolescents, or adults
                who are served by the immunization program under
                section 317(j).
                    ``(B) Delivery waiting time.--A delivery waiting
                time under subparagraph (A) for a State or political
                subdivision of a State to receive influenza vaccine is
                the time elapsing between the date on which the State
                or subdivision enters into a contract to purchase such
                vaccine and the date on which the State or subdivision
                (or other entity designated under the contract) takes
                custody of the vaccine, less any period in which
                payment is due under the contract and the State or
                subdivision has not made payment, or in which the State
                or subdivision otherwise is in significant violation of
                the contract.
    ``(f) Definitions.--For purposes of this subsection, the terms
`influenza season' and `influenza vaccine' have the meanings given such
terms by the Secretary.''.

Summary: Influenza Vaccine Emergency Act - Amends the Public Health Service Act to require influenza vaccine manufacturers to include a provision in any contract for the sale of the vaccine in interstate commerce expressing the policy that the Secretary of Health and Human Services has the authority to take title to necessary quantities of the vaccine if the Secretary declares a public health emergency by reason of an influenza vaccine shortage, and that the manufacturer will reimburse the purchaser for any vaccine not received. Requires the Secretary to pay the manufacturer or distributor the price the manufacturer or distributor would have received for any vaccine taken. Requires the Secretary to determine the extent of compliance with vaccine distribution guidelines and, before using the authority to take the vaccine, to publish notice that such compliance has not been an adequate response to the emergency. Allows the Secretary, in lieu of taking title to a vaccine, to order any vaccine manufacturer or distributor to honor its contracts with states or political subdivisions. Requires the Secretary to provide any influenza vaccine to states, political subdivisions, and such other public or private entities as appropriate as a response to the emergency. Allows the Secretary to make an emergency declaration if the delivery waiting time for states or political subdivisions to receive the vaccine constitutes a significant threat to children, adolescents, or adults.

To amend the Public Health Service Act to provide for emergency distributions of influenza vaccine.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Caregiver Support and
Protection Act of 1996''.

SEC. 2. COVERAGE OF RESPITE CARE SERVICES UNDER MEDICARE.

    (a) In General.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (N);
            (2) by striking ``and'' at the end of subparagraph (O); and
            (3) by inserting after subparagraph (O) the following new
        subparagraph:
            ``(P) respite care services (as defined in subsection
        (oo)); and''.
    (b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x)
is amended by adding at the end the following new subsection:

                        ``Respite Care Services

    ``(oo)(1)(A) Subject to subparagraph (C), the term `respite care
services' means any of the services described in subparagraph (B) which
are furnished to an eligible individual (as described in paragraph (2))
for the support of a caregiver described in paragraph (2) at the
individual's home or in the community on a short-term, intermittent, or
emergency basis by an individual or entity who meets such standards as
the Secretary may establish.
    ``(B) The services described in this subparagraph are as follows:
            ``(i) Companion services.
            ``(ii) Homemaker services.
            ``(iii) Personal assistance.
            ``(iv) Community day services.
            ``(v) Temporary care in an accredited or licensed
        residential facility.
    ``(C) In establishing standards pursuant to subparagraph (A) for
individuals and entities providing respite care services, the Secretary
shall consult with organizations representing providers of the services
described in such paragraph and organizations representing individuals
who typically receive such services.
    ``(D) The term `respite care services' does not include any
services furnished to an individual during a 12-month period after the
individual has been furnished 120 hours of such services during such
period.
    ``(2) An `eligible individual' described in this paragraph is an
individual with functional limitations (as described in paragraph (3))
who is dependent on a daily basis on a caregiver who--
            ``(A) has primary responsibility for providing care to the
        individual;
            ``(B) does not receive financial remuneration for providing
        such care; and
            ``(C) has provided such care for a period of not less than
        3 consecutive months.
    ``(3)(A) In paragraph (2), an `individual with functional
limitations' is an individual who is certified (in accordance with such
criteria as the Secretary may establish consistent with subparagraph
(C)) as--
            ``(i) being unable to perform without substantial
        assistance from another individual (including assistance
        involving verbal reminding or physical cueing) at least 2 of
        the activities of daily living described in subparagraph (B)
        for a period of at least 90 days due to a loss of functional
        capacity or to cognitive or other mental impairment;
            ``(ii) requiring substantial supervision to protect the
        individual from threats to the individual's health or safety
        due to substantial cognitive or other mental impairment; or
            ``(iii) having a level of disability similar (as determined
        by the Secretary) to the level of disability described in
        clause (i) or (ii).
    ``(B) The activities of daily living described in this subparagraph
are as follows:
            ``(i) Eating.
            ``(ii) Toileting.
            ``(iii) Transferring.
            ``(iv) Bathing.
            ``(v) Dressing.
            ``(vi) Continence.
    ``(C) In establishing criteria pursuant to subparagraph (A) for the
certification of individuals with functional limitations, the Secretary
may not require that such certification be performed only by a
physician.''.
    (c) Payment on Hourly Basis.--Section 1833 of such Act (42 U.S.C.
1395l) is amended by inserting after subsection (o) the following new
subsection:
    ``(p) Payment for respite care services shall be paid on the basis
of an hour of such services provided.''.
    (d) Conforming Amendment.--Section 1862(a) of such Act (42 U.S.C.
1395y(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (14);
            (2) by striking the period at the end of paragraph (15) and
        inserting ``; or''; and
            (3) by inserting after paragraph (15) the following new
        paragraph:
            ``(16) in the case of respite care services, which are
        furnished to an individual during a 12-month period after the
        individual has been furnished 120 hours of such services during
        such period.''.
    (e) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 1997.

SEC. 3. TREATMENT OF LONG-TERM CARE SERVICES AS MEDICAL CARE.

    (a) General Rule.--Paragraph (1) of section 213(d) (defining
medical care) is amended by striking ``or'' at the end of subparagraph
(B), by striking the period at the end of subparagraph (C) and
inserting ``, or'', and by adding at the end the following new
subparagraph:
                    ``(D) for qualified long-term care services (as
                defined in subsection (f)).''
    (b) Definition of Qualified Long-Term Care Services.--Section 213
of such Code is amended by adding at the end the following new
subsection:
    ``(f) Qualified Long-Term Care Services.--For purposes of this
section--
            ``(1) In general.--The term `qualified long-term care
        services' means necessary diagnostic, preventive, therapeutic,
        curing, treating, mitigating, and rehabilitative services, and
        maintenance or personal care services, which--
                    ``(A) are required by a chronically ill individual,
                and
                    ``(B) are provided pursuant to a plan of care
                prescribed by a licensed health care practitioner.
            ``(2) Chronically ill individual.--
                    ``(A) In general.--The term `chronically ill
                individual' means any individual who has been certified
                by a licensed health care practitioner as--
                            ``(i) being unable to perform (without
                        substantial assistance from another individual)
                        at least 2 activities of daily living for a
                        period of at least 90 days due to a loss of
                        functional capacity or to cognitive impairment,
                            ``(ii) requiring substantial supervision to
                        protect such individual from threats to health
                        or safety due to substantial cognitive
                        impairment, or
                            ``(iii) having a level of disability
                        similar (as determined by the Secretary in
                        consultation with the Secretary of Health and
                        Human Services) to the level of disability
                        described in clause (i) or (ii).
                Such term shall not include any individual otherwise
                meeting the requirements of the preceding sentence
                unless within the preceding 12-month period a licensed
                health care practitioner has certified that such
                individual meets such requirements.
                    ``(B) Activities of daily living.--For purposes of
                subparagraph (A), each of the following is an activity
                of daily living:
                            ``(i) Eating.
                            ``(ii) Toileting.
                            ``(iii) Transferring.
                            ``(iv) Bathing.
                            ``(v) Dressing.
                            ``(vi) Continence.
                    ``(C) Substantial assistance.--For purposes of
                subparagraph (A)(i), the term `substantial assistance'
                includes verbal reminding or physical cuing.
            ``(3) Maintenance or personal care services.--The term
        `maintenance or personal care services' means any care the
        primary purpose of which is the provision of needed assistance
        with any of the disabilities as a result of which the
        individual is a chronically ill individual (including the
        protection from threats to health and safety due to severe
        cognitive impairment).
            ``(4) Licensed health care practitioner.--The term
        `licensed health care practitioner' means any physician (as
        defined in section 1861(r)(1) of the Social Security Act) and
        any registered professional nurse, licensed social worker, or
        other individual who meets such requirements as may be
        prescribed by the Secretary.''
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.

Summary: Family Caregiver Support and Protection Act of 1996 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of respite care services, paid for on an hourly basis, under Medicare part B . Amends the Internal Revenue Code to treat qualified long-term care services as deductible medical care expenses.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``The Espionage Statutes Modernization
Act of 2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) As of 2010, the statutory framework with respect to the
        espionage statutes is a compilation of statutes that began with
        Act of June 15, 1917 (40 Stat. 217, chapter 30) (commonly known
        as the ``Espionage Act of 1917''), which targeted classic
        espionage cases involving persons working on behalf of foreign
        nations.
            (2) The statutory framework was formed at a time when
        intelligence and national security information existed
        primarily in a tangible form, such as blueprints, photographs,
        maps, and other documents.
            (3) Since 1917, the United States has witnessed dramatic
        changes in intelligence and national security information,
        including technological advances that have revolutionized
        information gathering abilities as well as the mediums used to
        communicate such information.
            (4) Some of the terms used in the espionage statutes are
        obsolete and the statutes do not fully take into account the
        classification levels that apply to national security
        information in the 21st century.
            (5) In addition, the statutory framework was originally
        designed to address classic espionage cases involving persons
        working on behalf of foreign nations. However, the national
        security of the United States could be harmed, and lives may be
        put at risk, when a Government officer, employee, contractor,
        or consultant with access to classified information makes an
        unauthorized disclosure of the classified information,
        irrespective of whether the Government officer, employee,
        contractor, or consultant intended to aid a foreign nation or
        harm the United States.
            (6) Federal whistleblower protection statutes and
        regulations that enable Government officers, employees,
        contractors, and consultants to report unlawful and improper
        conduct are appropriate mechanisms for reporting such conduct.
            (7) Congress can deter unauthorized disclosures of
        classified information and thereby protect the national
        security by--
                    (A) enacting laws that improve, modernize, and
                clarify the espionage statutes and make the espionage
                statutes more relevant and effective in the 21st
                century in the prosecution of persons working on behalf
                of foreign powers;
                    (B) promoting Federal whistleblower protection
                statutes and regulations to enable Government officers,
                employees, contractors, or consultants to report
                unlawful and improper conduct; and
                    (C) enacting laws that separately punish the
                unauthorized disclosure of classified information by
                Government officers, employees, contractors, or
                consultants who knowingly and intentionally violate a
                classified information nondisclosure agreement,
                irrespective of whether the officers, employees,
                contractors, or consultants intend to aid a foreign
                power or harm the United States.

SEC. 3. CRIMES.

    (a) In General.--Chapter 37 of title 18, United States Code, is
amended--
            (1) in section 793--
                    (A) in the section heading, by striking ``or losing
                defense information'' and inserting ``or, losing
                national security information'';
                    (B) by striking ``the national defense'' each place
                it appears and inserting ``national security'';
                    (C) by striking ``foreign nation'' each place it
                appears and inserting ``foreign power'';
                    (D) in subsection (b), by inserting ``classified
                information, or other'' before ``sketch'';
                    (E) in subsection (c), by inserting ``classified
                information, or other'' before ``document'';
                    (F) in subsection (d), by inserting ``classified
                information, or other'' before ``document'';
                    (G) in subsection (e), by inserting ``classified
                information, or other'' before ``document'';
                    (H) in subsection (f), by inserting ``classified
                information,'' before ``document''; and
                    (I) in subsection (h)(1), by striking ``foreign
                government'' and inserting ``foreign power'';
            (2) in section 794--
                    (A) in the section heading, by striking
                ``Gathering'' and all that follows and inserting
                ``Gathering or delivering national security information
                to aid foreign powers''; and
                    (B) in subsection (a)--
                            (i) by striking ``foreign nation'' and
                        inserting ``foreign power'';
                            (ii) by striking ``foreign government'' and
                        inserting ``foreign power'';
                            (iii) by inserting ``classified
                        information,'' before ``document'';
                            (iv) by striking ``the national defense''
                        and inserting ``national security''; and
                            (v) by striking ``(as defined in section
                        101(a) of the Foreign Intelligence Surveillance
                        Act of 1978)'';
            (3) in section 795(a), by striking ``national defense'' and
        inserting ``national security'';
            (4) in section 798--
                    (A) in subsection (a), by striking ``foreign
                government'' each place it appears and inserting
                ``foreign power''; and
                    (B) in subsection (b)--
                            (i) by striking the first undesignated
                        paragraph (relating to the term ``classified
                        information''); and
                            (ii) by striking the third undesignated
                        paragraph (relating to the term ``foreign
                        government''); and
            (5) by adding at the end the following:
``Sec. 800. Definitions
    ``In this chapter--
            ``(1) the term `classified information' has the meaning
        given the term in section 1 of the Classified Information
        Procedures Act (18 U.S.C. App.);
            ``(2) the term `foreign power' has the meaning given the
        term in section 101 of the Foreign Intelligence Surveillance
        Act of 1978 (50 U.S.C. 1801); and
            ``(3) the term `national security' has the meaning given
        the term in section 1 of the Classified Information Procedures
        Act (18 U.S.C. App.).''.
    (b) Technical and Conforming Amendment.--The table of section for
chapter 37 of title 18, United States Code, is amended--
            (1) by striking the item relating to section 793 and
        inserting the following:

``793. Gathering, transmitting, or losing national security
                            information.'';
            (2) by striking the item relating to section 794 and
        inserting the following:

``794. Gathering or delivering national security information to aid
                            foreign powers.'';
        and
            (3) by adding at the end the following:

``800. Definitions.''.

SEC. 4. VIOLATION OF CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT.

    (a) In General.--Chapter 93 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1925. Violation of classified information nondisclosure
              agreement
    ``(a) Definitions.--In this section--
            ``(1) the term `classified information' has the meaning
        given the term in section 1 of the Classified Information
        Procedures Act (18 U.S.C. App.); and
            ``(2) the term `covered individual' means an officer,
        employee, contractor, or consultant of an agency of the Federal
        Government who, by virtue of the office, employment, position,
        or contract held by the individual, knowingly and intentionally
        agrees to be legally bound by the terms of a classified
        information nondisclosure agreement.
    ``(b) Offense.--
            ``(1) In general.--Except as otherwise provided in this
        section, it shall be unlawful for a covered individual to
        intentionally disclose, deliver, communicate, or transmit
        classified information, without the authorization of the head
        of the Federal agency, or an authorized designee, knowing or
        having reason to know that the disclosure, delivery,
        communication, or transmission of the classified information is
        a violation of the terms of the classified information
        nondisclosure agreement entered by the covered individual.
            ``(2) Penalty.--A covered individual who violates paragraph
        (1) shall be fined under this title, imprisoned for not more
        than 5 years, or both.
    ``(c) Whistleblower Protection.--The disclosure, delivery,
communication, or transmission of classified information by a covered
individual in accordance with a Federal whistleblower protection
statute or regulation applicable to the Federal agency of which the
covered individual is an officer, employee, contractor, or consultant
shall not be a violation of subsection (b)(1).
    ``(d) Rebuttable Presumption.--For purposes of this section, there
shall be a rebuttable presumption that information has been properly
classified if the information has been marked as classified information
in accordance with Executive Order 12958 (60 Fed. Reg. 19825) or a
successor or predecessor to the order.
    ``(e) Defense of Improper Classification.--The disclosure,
delivery, communication, or transmission of classified information by a
covered individual shall not violate subsection (b)(1) if the covered
individual proves by clear and convincing evidence that at the time the
information was originally classified, no reasonable person with
original classification authority under Executive Order 13292 (68 Fed.
Reg. 15315), or any successor order, could have identified or described
any damage to national security that reasonably could be expected to be
caused by the unauthorized disclosure of the information.
    ``(f) Extraterritorial Jurisdiction.--There is jurisdiction over an
offense under this section if--
            ``(1) the offense occurs in whole or in part within the
        United States;
            ``(2) regardless of where the offense is committed, the
        alleged offender is--
                    ``(A) a national of the United States (as defined
                in section 101(a) of the Immigration and Nationality
                Act (8 U.S.C. 1101(a)));
                    ``(B) an alien lawfully admitted for permanent
                residence in the United States (as defined in section
                101(a) of the Immigration and Nationality Act (8 U.S.C.
                1101(a))); or
                    ``(C) a stateless person whose habitual residence
                is in the United States;
            ``(3) after the offense occurs, the offender is brought
        into or found in the United States, even if the conduct
        required for the offense occurs outside the United States; or
            ``(4) an offender aids or abets or conspires with any
        person over whom jurisdiction exists under this paragraph in
        committing an offense under subsection (b)(1).''.
    (b) Technical and Conforming Amendment.--The table of sections for
chapter 93 of title 18, United States Code, is amended by adding at the
end the following:

``1925. Violation of classified information nondisclosure agreement.''.

SEC. 5. DIRECTIVE TO SENTENCING COMMISSION.

    (a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission, shall review and, if appropriate,
amend the Federal Sentencing Guidelines and policy statements
applicable to a person convicted of an offense under section 1925 of
title 18, United States Code, as added by this Act.
    (b) Considerations.--In carrying out this section, the Sentencing
Commission shall ensure that the sentencing guidelines account for all
relevant conduct, including--
            (1) multiple instances of unauthorized disclosure,
        delivery, communication, or transmission of the classified
        information;
            (2) the volume of the classified information that was
        disclosed, delivered, communicated, or transmitted;
            (3) the classification level of the classified information;
            (4) the harm to the national security of the United States
        that reasonably could be expected to be caused by the
        disclosure, delivery, communication, or transmission of the
        classified information; and
            (5) the nature and manner in which the classified
        information was disclosed, delivered, communicated, or
        transmitted.

Summary: Espionage Statutes Modernization Act of 2010 - Amends the federal criminal code to impose a fine andor prison term of up to five years on a covered individual who intentionally discloses, delivers, communicates, or transmits classified information, without authorization, knowing or having reason to know that such action is a violation of the terms of the classified information nondisclosure agreement entered into by such individual. Defines covered individual as an officer, employee, contractor, or consultant of a federal agency who agrees to be legally bound by the terms of a classified information nondisclosure agreement. Exempts from such prohibition disclosures made in accordance with a federal whistleblower protection statute or regulation. Directs the United States Sentencing Commission to review and, if appropriate, amend federal sentencing guidelines and policy statements applicable to a person convicted of an offense under this Act.

A bill to improve, modernize, and clarify the espionage statutes contained in chapter 37 of title 18, United States Code, to promote Federal whistleblower protection statutes and regulations, to deter unauthorized disclosures of classified information, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Kissimmee River Wild and Scenic
River Study Act of 2018''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Kissimmee River has undergone, over the course of
        two decades, the largest river restoration effort in the world.
            (2) Extending approximately 105 miles from Orlando to Lake
        Okeechobee, the Kissimmee River forms the headwaters of Lake
        Okeechobee and the Everglades and serves as a vital component
        of ecosystem restoration in South Florida as a whole.
            (3) The Kissimmee River Restoration Project has
        significantly improved approximately 63,000 acres of wetlands
        within the Kissimmee River watershed and reestablished an
        environment suitable for fish, wildlife, and the wetland plants
        that existed prior to the Kissimmee River's channelization in
        the 1960s.
            (4) The Kissimmee River Restoration Project is expected to
        be completed in 2020, at which point it is expected to
        reestablish historic hydrologic conditions, recreate historic
        river and floodplain connectivity, recreate the historic mosaic
        of wetland plant communities, and restore historic biological
        diversity and functionality.
            (5) After decades of restoration efforts and the
        expenditure of nearly a billion dollars, upon completion of the
        Kissimmee River Restoration Project, a study should be
        conducted to determine the eligibility of including the fully
        restored Kissimmee River into the National Wild and Scenic
        River program to preserve the fully restored free-flowing
        condition and immediate environment of the river for the
        benefit and enjoyment of present and future generations.
            (6) Inclusion of the Kissimmee River into the National Wild
        and Scenic River program would be a fitting tribute to the hard
        work of the Army Corps of Engineers and the South Florida Water
        Management District's restoration work.

SEC. 3. DESIGNATION FOR STUDY.

    (a) Designation for Potential Addition.--Section 5(a) of the Wild
and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the
end the following:
            ``(__) Kissimmee river, florida.--The segment from the
        southern shore of Lake Kissimmee to its confluence with Lake
        Okeechobee.''.
    (b) Study.--Section 5(b) of the Wild and Scenic Rivers Act (16
U.S.C. 1276(b)) is amended by adding at the end the following:
            ``(__) Kissimmee river, florida.--
                    ``(A) In general.--Not later than 3 years after the
                date on which funds are made available to carry out
                this paragraph, the Secretary of the Interior shall
                complete a study of the Kissimmee River, as described
                in subsection (a)(__), and submit a report describing
                the results of such study to the Committee on Natural
                Resources of the House of Representatives and the
                Committee on Energy and Natural Resources of the
                Senate.
                    ``(B) Report requirements.--The report required
                under subparagraph (A) shall--
                            ``(i) include a discussion of the effect of
                        the designation of the segment to be studied
                        under subsection (a)(__) on--
                                    ``(I) existing commercial and
                                recreational activities, such as cattle
                                ranching, dairy production, hunting,
                                fishing, trapping, recreational
                                shooting, motor boat use, or bridge
                                construction;
                                    ``(II) the authorization,
                                construction, operation, maintenance,
                                or improvement of energy production and
                                transmission infrastructure;
                                    ``(III) military operations; and
                                    ``(IV) the authority of State and
                                local governments to manage the
                                activities described in subclauses (I)
                                and (II); and
                            ``(ii) identify--
                                    ``(I) all authorities that will
                                authorize or require the Secretary of
                                the Interior to influence local land
                                use decisions (such as zoning) or place
                                restrictions on non-Federal land if the
                                area studied under subsection (a)(__)
                                is designated under the Wild and Scenic
                                Rivers Act;
                                    ``(II) all authorities that the
                                Secretary of the Interior may use to
                                condemn property if the area studied
                                under subsection (a)(__) is designated
                                under the Wild and Scenic Rivers Act;
                                and
                                    ``(III) all private property
                                located in the area to be studied under
                                subsection (a)(__).
                    ``(C) Noninterference.--This study shall not
                interfere with the Kissimmee River Restoration Project
                authorized under section 101(8) of the Water Resources
                Development Act of 1992 (Public Law 102-580).''.
    (c) No Negative Impact.--Nothing authorized by this Act may
negatively impact agricultural production in the Kissimmee River basin.
    (d) No Effect on Management.--This Act and the amendments made by
this Act shall not interfere with the current management of the area of
the Kissimmee River described in section 5(a)(__) of the Wild and
Scenic Rivers Act, nor shall the fact that such area is listed for
study under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) be
used as justification for more restrictive management, such as
wilderness or as a category of wild

and scenic river, until Congress acts on the study recommendations.

            Passed the House of Representatives April 16, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Kissimmee River Wild and Scenic River Study Act of 2017 This bill amends the Wild and Scenic Rivers Act to designate the segment of the Kissimmee River in Florida from the southern shore of Lake Kissimmee to its confluence with Lake Okeechobee for potential addition to the National Wild and Scenic Rivers System. The Department of the Interior shall complete a study of such river segment. The study shall not interfere with the Kissimmee River Restoration Project authorized under the Water Resources Development Act of 1992.


SECTION 1. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1.  Table of contents.
Sec. 2.  Purpose.
Sec. 3.  Technical amendments.

SEC. 2. PURPOSE.

  The purpose of this Act is to make revisions in title 36, United
States Code, as necessary to keep the title current and make technical
corrections and improvements.

SEC. 3. TECHNICAL AMENDMENTS.

  (a) Tables of Contents.--
          (1) Table of contents of the title.--Title 36, United States
        Code, is amended in the matter before subtitle I by striking

``Subtitle                                                          Sec.

PATRIOTIC AND NATIONAL OBSERVANCES AND CEREMONIES                    101
PATRIOTIC AND NATIONAL ORGANIZATIONS...............................10101
TREATY OBLIGATION ORGANIZATIONS.................................300101''
          and inserting

``Subtitle I--Patriotic and National Observances and Ceremonies

    ``Part A--Observances and Ceremonies

``Chap.                                                             Sec.

Patriotic and National Observances...................................101
National Anthem, Motto, Floral Emblem, March, and Tree...............301
Presidential Inaugural Ceremonies....................................501
Federal Participation in Carl Garner Federal Lands Cleanup Day.......701
Miscellaneous........................................................901

    ``Part B--United States Government Organizations Involved With
      Observances and Ceremonies

American Battle Monuments Commission................................2101
United States Holocaust Memorial Council............................2301
President's Committee on Employment of People With Disabilities.....2501

``Subtitle II--Patriotic and National Organizations

    ``Part A--General

General............................................................10101

    ``Part B--Organizations

Agricultural Hall of Fame..........................................20101
Air Force Sergeants Association....................................20201
American Academy of Arts and Letters...............................20301
American Chemical Society..........................................20501
American Council of Learned Societies..............................20701
American Ex-Prisoners of War.......................................20901
American GI Forum of the United States.............................21001
American Gold Star Mothers, Incorporated...........................21101
American Historical Association....................................21301
American Hospital of Paris.........................................21501
The American Legion................................................21701
The American National Theater and Academy..........................21901
The American Society of International Law..........................22101
American Symphony Orchestra League.................................22301
American War Mothers...............................................22501
AMVETS (American Veterans).........................................22701
Army and Navy Union of the United States of America................22901
Aviation Hall of Fame..............................................23101
through  299....................................................Reserved
Big Brothers--Big Sisters of America...............................30101
Blinded Veterans Association.......................................30301
Blue Star Mothers of America, Inc..................................30501
Board For Fundamental Education....................................30701
Boy Scouts of America..............................................30901
Boys & Girls Clubs of America......................................31101
through  399....................................................Reserved
Catholic War Veterans of the United States of America, Incorporated40101
Civil Air Patrol...................................................40301
Congressional Medal of Honor Society of the United States of Americ40501
Corporation for the Promotion of Rifle Practice and Firearms Safety40701
through  499....................................................Reserved
Daughters of Union Veterans of the Civil War 1861-1865.............50101
Disabled American Veterans.........................................50301
through  599....................................................Reserved
82nd Airborne Division Association, Incorporated...................60101
through  699....................................................Reserved
Fleet Reserve Association..........................................70101
Former Members of Congress.........................................70301
The Foundation of the Federal Bar Association......................70501
Frederick Douglass Memorial and Historical Association.............70701
Future Farmers of America..........................................70901
through  799....................................................Reserved
General Federation of Women's Clubs................................80101
Girl Scouts of the United States of America........................80301
Gold Star Wives of America.........................................80501
through  899....................................................Reserved
Help America Vote Foundation.......................................90101
through  999....................................................Reserved
Italian American War Veterans of the United States................100101
through  1099...................................................Reserved
Jewish War Veterans of the United States of America, Incorporated.110101
Jewish War Veterans, U.S.A., National Memorial, Incorporated......110301
through  1199...................................................Reserved
Korean War Veterans Association, Incorporated.....................120101
through  1299...................................................Reserved
Ladies of the Grand Army of the Republic..........................130101
Legion of Valor of the United States of America, Incorporated.....130301
Little League Baseball, Incorporated..............................130501
through  1399...................................................Reserved
Marine Corps League...............................................140101
The Military Chaplains Association of the United States of America140301
Military Officers Association of America..........................140401
Military Order of the Purple Heart of the United States of America,
Incorporated......................................................140501
Military Order of the World Wars..................................140701
through  1499...................................................Reserved
National Academy of Public Administration.........................150101
National Academy of Sciences......................................150301
National Conference of State Societies, Washington, District of Co150501
National Conference on Citizenship................................150701
National Council on Radiation Protection and Measurements.........150901
National Education Association of the United States...............151101
National Fallen Firefighters Foundation...........................151301
National Federation of Music Clubs................................151501
National Film Preservation Foundation.............................151701
National Fund for Medical Education...............................151901
National Mining Hall of Fame and Museum...........................152101
National Music Council............................................152301
National Recording Preservation Foundation........................152401
National Safety Council...........................................152501
National Ski Patrol System, Incorporated..........................152701
National Society, Daughters of the American Colonists.............152901
The National Society of the Daughters of the American Revolution..153101
National Society of the Sons of the American Revolution...........153301
National Tropical Botanical Garden................................153501
National Woman's Relief Corps, Auxiliary to the Grand Army of the
Republic..........................................................153701
The National Yeomen (F)...........................................153901
Naval Sea Cadet Corps.............................................154101
Navy Club of the United States of America.........................154301
Navy Wives Clubs of America.......................................154501
Non Commissioned Officers Association of the United States of America,
Incorporated......................................................154701
through  1599...................................................Reserved
through  1699...................................................Reserved
Paralyzed Veterans of America.....................................170101
Pearl Harbor Survivors Association................................170301
Polish Legion of American Veterans, U.S.A.........................170501
through  1799...................................................Reserved
through  1899...................................................Reserved
Reserve Officers Association of the United States.................190101
Retired Enlisted Association, Incorporated........................190301
through  1999...................................................Reserved
Society of American Florists and Ornamental Horticulturists.......200101
Sons of Union Veterans of the Civil War...........................200301
through  2099...................................................Reserved
Theodore Roosevelt Association....................................210101
369th Veterans' Association.......................................210301
through  2199...................................................Reserved
United Service Organizations, Incorporated........................220101
United States Capitol Historical Society..........................220301
United States Olympic Committee...................................220501
United States Submarine Veterans of World War II..................220701
through  2299...................................................Reserved
Veterans of Foreign Wars of the United States.....................230101
Veterans of World War I of the United States of America, Incorpora230301
Vietnam Veterans of America, Inc..................................230501
through  2399...................................................Reserved
Women's Army Corps Veterans' Association..........................240101
through  2499...................................................Reserved
through  2599...................................................Reserved
through  2699...................................................Reserved
through  2799...................................................Reserved

``Subtitle III--Treaty Obligation Organizations

The American National Red Cross................................300101''.
          (2) Tables of contents of subtitles.--Title 36, United States
        Code, is further amended as follows:
                  (A) In the matter before chapter 1, after the heading

   ``Subtitle I--Patriotic and National Observances and Ceremonies'',

                  strike

                 ``Part A--Observances and Ceremonies''

                  and all that follows through

President's Committee on Employment of People With Disabilities..2501''.
                  (B) In the matter before chapter 101, after the
                heading

         ``Subtitle II--Patriotic and National Organizations'',

                  strike

                          ``Part A--General''

                  and all that follows through

[Reserved].....................................................270101''.
                  (C) In the matter before chapter 3001, after the
                heading

           ``Subtitle III--Treaty Obligation Organizations'',

                  strike
``Chapter                                                           Sec.

The American National Red Cross................................300101''.
  (b) Reserved Chapters.-- Title 36, United States Code, is further
amended as follows:
          (1) In the matter before

         ``CHAPTER 301--BIG BROTHERS--BIG SISTERS OF AMERICA'',

          insert

                ``CHAPTERS 233 THROUGH 299--RESERVED''.

          (2) In the matter before

 ``CHAPTER 401--CATHOLIC WAR VETERANS OF THE UNITED STATES OF AMERICA,
                            INCORPORATED'',

          insert

                ``CHAPTERS 313 THROUGH 399--RESERVED''.

          (3) In the matter before

   ``CHAPTER 501--DAUGHTERS OF UNION VETERANS OF THE CIVIL WAR 1861-
                                1865'',

          insert

                ``CHAPTERS 409 THROUGH 499--RESERVED''.

          (4) In the matter before

   ``CHAPTER 601--82ND AIRBORNE DIVISION ASSOCIATION, INCORPORATED'',

          insert

                ``CHAPTERS 505 THROUGH 599--RESERVED''.

          (5) In the matter before

              ``CHAPTER 701--FLEET RESERVE ASSOCIATION'',

          insert

                ``CHAPTERS 603 THROUGH 699--RESERVED''.

          (6) In the matter before

         ``CHAPTER 801--GENERAL FEDERATION OF WOMEN'S CLUBS'',

          insert

                ``CHAPTERS 711 THROUGH 799--RESERVED''.

          (7) In the matter before

 ``CHAPTER 1001--ITALIAN AMERICAN WAR VETERANS OF THE UNITED STATES'',

          strike

                      ``CHAPTER 901--[RESERVED]''

          and insert (before chapter 901 as renumbered and transferred
        by subsection (c)(6)(A)),

                ``CHAPTERS 807 THROUGH 899--RESERVED''.

          (8) In the matter before

  ``CHAPTER 1001--ITALIAN AMERICAN WAR VETERANS OF THE UNITED STATES''

          insert (after chapter 901 as renumbered and transferred by
        subsection (c)(6)(A))

                ``CHAPTERS 903 THROUGH 999--RESERVED''.

          (9) In the matter before

 ``CHAPTER 1101--JEWISH WAR VETERANS OF THE UNITED STATES OF AMERICA,
                            INCORPORATED'',

          insert

               ``CHAPTERS 1003 THROUGH 1099--RESERVED''.

          (10) In the matter before

    ``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED'',

          insert

               ``CHAPTERS 1105 THROUGH 1199--RESERVED''.

          (11) In the matter before

      ``CHAPTER 1301--LADIES OF THE GRAND ARMY OF THE REPUBLIC'',

          insert

               ``CHAPTERS 1203 THROUGH 1299--RESERVED''.

          (12) In the matter before

                 ``CHAPTER 1401--MARINE CORPS LEAGUE'',

          insert

               ``CHAPTERS 1307 THROUGH 1399--RESERVED''.

          (13) In the matter before

      ``CHAPTER 1501--NATIONAL ACADEMY OF PUBLIC ADMINISTRATION'',

          insert

               ``CHAPTERS 1409 THROUGH 1499--RESERVED''.

          (14) In the matter before

            ``CHAPTER 1701--PARALYZED VETERANS OF AMERICA'',

          strike

                      ``CHAPTER 1601--[RESERVED]''

          and insert

                 ``CHAPTERS 1549 THROUGH 1599--RESERVED

               ``CHAPTERS 1601 THROUGH 1699--RESERVED''.

          (15) In the matter before

  ``CHAPTER 1901--RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES'',

          strike

                      ``CHAPTER 1801--[RESERVED]''

          and insert

                 ``CHAPTERS 1707 THROUGH 1799--RESERVED

               ``CHAPTERS 1801 THROUGH 1899--RESERVED''.

          (16) In the matter before

      ``CHAPTER 2001--SOCIETY OF AMERICAN FLORISTS AND ORNAMENTAL
                           HORTICULTURISTS'',

          insert

               ``CHAPTERS 1905 THROUGH 1999--RESERVED''.

          (17) In the matter before

           ``CHAPTER 2101--THEODORE ROOSEVELT ASSOCIATION'',

          insert

               ``CHAPTERS 2005 THROUGH 2099--RESERVED''.

          (18) In the matter before

     ``CHAPTER 2201--UNITED SERVICE ORGANIZATIONS, INCORPORATED'',

          insert

               ``CHAPTERS 2105 THROUGH 2199--RESERVED''.

          (19) In the matter before

    ``CHAPTER 2301--VETERANS OF FOREIGN WARS OF THE UNITED STATES'',

          insert

               ``CHAPTERS 2209 THROUGH 2299--RESERVED''.

          (20) In the matter before

      ``CHAPTER 2401--WOMEN'S ARMY CORPS VETERANS' ASSOCIATION'',

          insert

               ``CHAPTERS 2307 THROUGH 2399--RESERVED''.

          (21) In the matter before

           ``Subtitle III--Treaty Obligation Organizations'',

          strike

                       ``CHAPTER 2501--[RESERVED]

                       ``CHAPTER 2601--[RESERVED]

                      ``CHAPTER 2701--[RESERVED]''

          and insert

                 ``CHAPTERS 2403 THROUGH 2499--RESERVED

                 ``CHAPTERS 2501 THROUGH 2599--RESERVED

                 ``CHAPTERS 2601 THROUGH 2699--RESERVED

               ``CHAPTERS 2701 THROUGH 2799--RESERVED''.

  (c) Other Technical Amendments to Title 36.--Title 36, United States
Code, is further amended as follows:
          (1) National anthem, motto, floral emblem, march, and tree.--
        In the heading for chapter 3, strike ``FLORAL EMBLEM MARCH''
        and insert ``FLORAL EMBLEM, MARCH''.
          (2) United states holocaust memorial museum.--In section
        2301(2), strike ``section 2306'' and insert ``section 2304''.
          (3) Corporation for the promotion of rifle practice and
        firearms safety.--In section 40706(a)--
                  (A) in the matter before paragraph (1), strike the
                dash appearing after ``the Secretary of the Army'' and
                insert a colon;
                  (B) in paragraph (1), strike ``firearms'' and insert
                ``Firearms''; and
                  (C) in paragraph (3), strike ``trophies'' and insert
                ``Trophies''.
          (4) Military officers association of america.--In section
        140402, in the matter before paragraph (1), strike ``(a)
        General.--The purposes'' and insert ``The purposes''.
          (5) National film preservation foundation.--In section
        151705(b), in the matter before paragraph (1), strike ``the the
        jurisdiction'' and insert ``the jurisdiction''.
          (6) Help america vote foundation.--
                  (A) Renumbering and transfer of chapter.--Chapter
                1526 is renumbered as chapter 901 and transferred so as
                to appear after

                 ``CHAPTERS 807 THROUGH 899--RESERVED''

                  (as inserted by subsection (b)(7)).
                  (B) Renumbering of sections.--In chapter 901, as
                renumbered by subparagraph (A), and in the chapter
                analysis, sections 152601 through 152612 are renumbered
                as sections 90101 through 90112, respectively.
                  (C) Conforming amendment.--In section 90109, as
                renumbered by subparagraph (B), strike ``section
                152602'' and insert ``section 90102''.
          (7) National tropical botanical garden.--At the end of the
        chapter table of contents for chapter 1535, insert--

``153514.  Authorization of appropriations.''.
          (8) National yeomen (f).--
                  (A) In the heading for chapter 1539, strike ``YOEMEN
                F'' and insert ``YEOMEN (F)''.
                  (B) In section 153901, strike ``Yoemen F'' and insert
                ``Yeomen (F)''.
                  (C) In paragraphs (1) and (2) of section 153902,
                strike ``Yoemen (f)'' and insert ``Yeomen (F)''.

            Passed the House of Representatives December 5, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Amends title 36 of the United States Code to revise and expand the tables of contents for such title and its subtitles, revise the formatting of the chapter headings, and make technical corrections to subtitle and chapter headings.

To make revisions in title 36, United States Code, as necessary to keep the title current and make technical corrections and improvements.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``21st Century Master Teacher Act''.

SEC. 2. MASTER TEACHER PROGRAMS.

    Title II of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6601 et seq.) is amended--
            (1) by redesignating part E as part G; and
            (2) by inserting after part D the following new part:

                    ``PART E--MASTER TEACHER PROGRAM

``SEC. 2351. FINDINGS.

    ``Congress makes the following findings:
            ``(1) The National Commission on Teaching and America's
        Future reports that more than 12 percent of all newly hired
        teachers enter the workforce with no training at all, and
        another 15 percent enter the workforce without having fully met
        State standards.
            ``(2) Annually, more than 50,000 people who lack the
        training required for their jobs have entered teaching with
        emergency or provisional licenses.
            ``(3) Only 500 of the Nation's 1,200 education schools meet
        common professional standards.
            ``(4) Fewer than 75 percent of all teachers have studied
        child development, and learning and teaching methods, have
        degrees in their subject areas, and have passed State licensing
        requirements.
            ``(5) Nearly \1/4\ of all secondary school teachers, and
        more than 30 percent of secondary school mathematics teachers,
        do not have even a college minor in their main subject area.
            ``(6) 64 percent of urban school districts allow teachers
        who are not certified or licensed to teach under an emergency
        certification or license, and 40 percent of those districts
        allow the hiring of long-term substitute teachers.

``SEC. 2352. PURPOSES.

    ``The purposes of this part are--
            ``(1) to give local educational agencies the resources to
        establish master teacher programs;
            ``(2) to increase the level of student performance at
        elementary schools and secondary schools by improving the
        quality of education provided by the teachers at such schools;
            ``(3) to give local educational agencies the resources to
        fund efforts by teachers at elementary schools and secondary
        schools to become board certified; and
            ``(4) to give local educational agencies the resources to
        enable such agencies to provide salary incentives to teachers
        to become board certified.

``SEC. 2353. DEFINITIONS.

    ``In this part:
            ``(1) Board certified.--The term `board certified' means
        successful completion of all requirements to be certified by
        the National Board for Professional Teaching Standards.
            ``(2) Master teacher.--The term `master teacher' means a
        teacher who is certified by the National Board for Professional
        Teaching Standards and has been teaching for not less than 3
        years.
            ``(3) Novice teacher.--The term `novice teacher' means a
        teacher who has been teaching for not more than 3 years at a
        public elementary school or secondary school.

``SEC. 2354. PROGRAM AUTHORIZED.

    ``(a) Authority.--
            ``(1) In general.--The Secretary is authorized to award
        grants on a competitive basis to local educational agencies to
        establish master teacher programs as described in subsection
        (d).
            ``(2) Priority.--In awarding grants under paragraph (1),
        the Secretary shall give priority to local educational agencies
        that--
                    ``(A) provide funding assistance to teachers to
                become board certified, including the provision of the
                board certification fee to become board certified; and
                    ``(B) provide salary incentives to teachers who
                become board certified.
            ``(3) Geographic distribution.--To the maximum extent
        practicable, the Secretary shall award grants under paragraph
        (1) so that such grants are distributed among the school
        districts with the highest concentration of teachers who are
        not certified or licensed or are provisionally certified or
        licensed.
    ``(b) Duration.--A grant under subsection (a) shall be awarded for
a period of 5 years.
    ``(c) Amount.--The amount of a grant awarded under subsection (a),
shall be determined based on--
            ``(1) the total amount appropriated for a fiscal year under
        section 2360; and
            ``(2) the extent of the concentration of teachers who are
        not certified or licensed or are provisionally certified or
        licensed in the school district involved.
    ``(d) Authorized Activities.--The master teacher programs described
in subsection (a) shall--
            ``(1) provide funding assistance to teachers to become
        board certified, including the provision of the board
        certification fee; and
            ``(2) provide salary incentives to teachers who become
        board certified.

``SEC. 2355. APPLICATIONS.

    ``(a) In General.--A local educational agency desiring a grant
under section 2354 shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may reasonably require.
    ``(b) Contents.--Each application submitted pursuant to subsection
(a) shall include--
            ``(1) a statement describing the program activities for
        which amounts received under the grant will be used;
            ``(2) a statement describing the goals and objectives for
        the program activities described in paragraph (1), including a
        goal of increasing the percentage of teachers who become board
        certified and enhancing overall student achievement; and
            ``(3) a statement describing the manner in which the goals
        and objectives described in paragraph (2) will be measured.
    ``(c) Approval of Application.--The Secretary shall make a
determination regarding an application submitted under subsection (a)
based on a recommendation of a peer review panel described in
subsection (d), and any other criteria that the Secretary determines to
be appropriate.
    ``(d) Peer Review Panel.--
            ``(1) Establishment.--The Secretary shall establish a peer
        review panel to review and make recommendations as to whether
        applications submitted pursuant to subsection (a) should be
        approved.
            ``(2) Recommendations.--In making a recommendation
        described in paragraph (1), the panel shall give consideration
        to the same factors that the Secretary is required to consider
        under paragraphs (2) and (3) of section 2354(a).

``SEC. 2356. PAYMENTS.

    ``(a) In General.--Grant payments shall be made under this part on
an annual basis.
    ``(b) Administrative Costs.--Each local educational agency that
receives a grant under section 2354 shall use not more than 2 percent
of the amount awarded under the grant for administrative costs.
    ``(c) Denial of Grant.--If the Secretary determines that a local
educational agency has failed to make substantial progress in attaining
the performance objectives and goals described in section 2355(b)(2),
such an agency shall not be eligible for a grant payment under this
part in the next succeeding year.

``SEC. 2357. REPORTS.

    ``(a) Report by the Secretary.--Not later than 6 months after
receipt of reports described in subsection (b), the Secretary shall
prepare and submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the Workforce
of the House of Representatives a report of program activities funded
under this part.
    ``(b) Report by Applicant.--Not later than March 31, 2004, each
local educational agency receiving a grant under this part shall submit
a report to the Secretary describing whether the program established
under section 2354 was effective in increasing student achievement for
all students, and in increasing the percentage of teachers who have
become board certified.

``SEC. 2358. MATCHING REQUIREMENT.

    ``The Secretary may not award a grant to a local educational agency
under section 2354 unless the local educational agency agrees that,
with respect to costs to be incurred by the agency in carrying out
activities for which the grant was awarded, the agency shall provide
(directly or through donations from public or private entities) in non-
Federal contributions an amount equal to 25 percent of the amount of
the grant awarded to the agency.

``SEC. 2359. REPAYMENT OF FUNDS.

    ``(a) In General.--In the case of any program under this part in
which assistance is provided to a teacher to pay the National Board for
Professional Teaching Standard board certification fee to become board
certified, assistance may only be provided if the teacher makes
agreements as follows:
            ``(1) The teacher will enter and complete the National
        Board for Professional Teaching Standards board certification
        program to become board certified.
            ``(2) Upon becoming board certified, the teacher will teach
        in the public school system for a period of not less than 5
        years.
    ``(b) Breach of Agreements.--A teacher receiving assistance
described in subsection (a) is liable to the local educational agency
that provides such assistance for the amount of the certification fee
described in subsection (a) if such teacher--
            ``(1) voluntarily withdraws or terminates the certification
        program before taking the examination for board certification;
            ``(2) is dismissed from the certification program before
        becoming board certified; or
            ``(3) fails to comply with the agreement under subsection
        (a).
    ``(c) Waiver or Suspension of Liability.--In the case of a teacher
making an agreement under subsection (a), the Secretary shall provide
for the waiver or suspension of liability under subsection (b) if
compliance by the teacher with the agreements involved is impossible,
would involve extreme hardship to the individual, or if enforcement of
the agreement with respect to the teacher would be unconscionable.
    ``(d) Date Certain for Recovery.--Subject to subsection (c), any
amount that a local educational agency is entitled to recover under
subsection (b) shall be paid to such an agency not later than the
expiration of the 3-year period beginning on the date the local
educational agency becomes so entitled.

``SEC. 2360. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this part,
$50,000,000 for each of the fiscal years 2000 through 2004.

                ``PART F--COMPETENCY EXAMINATION PROGRAM

``SEC. 2361. COMPETENCY EXAMINATION GRANTS.

    ``(a) Examination.--The Secretary shall enter into an agreement
with the Center for Science, Mathematics, and Engineering of the
National Research Council of the National Academy of Sciences, under
which the Center shall develop an advanced competency examination for
elementary school and secondary school teachers of mathematics and
science.
    ``(b) Grants.--The Secretary may make grants to local educational
agencies to assist the agencies in supplementing the salaries of
teachers that pass the examination described in subsection (a). A local
educational agency that receives such a grant for a year shall provide
an additional $2500 in salary for that year to teachers that have
passed the examination, and that teach in schools served by the agency.
    ``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this part $10,000,000 for each of fiscal
years 2000 through 2004.''.

SEC. 3. INFORMATION CAMPAIGN.

    Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et
seq.) is amended by inserting after section 204 the following:

``SEC. 204A. INFORMATION CAMPAIGN.

    ``(a) General Authority.--The Secretary may enter into contracts
with appropriate entities to conduct information campaigns to broaden
awareness of, and encourage mid-career professionals and other
qualified individuals to consider, professional opportunities relating
to elementary or secondary education.
    ``(b) Announcements.--Announcements distributed as part of such an
information campaign shall publicize the availability of Federal
assistance under this Act to obtain the necessary education, and to
obtain certification or licensing, for the professional opportunities.
    ``(c) Requirements.--The provisions of sections 205 and 206 shall
not apply to assistance provided under, and activities carried out
under, this section.
    ``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2000 through 2004.''.

Summary: Revises ESEA title II to authorize the Secretary of Education to make competitive five-year grants to local educational agencies (LEAs) to establish master teacher programs that provide: (1) funding assistance to teachers to become board certified by the National Board for Professional Teaching Standards, including the provision of the board certification fee. And (2) salary incentives to teachers who become board certified. Gives priority to LEAs that already provide such assistance and incentives. Requires the Secretary to establish peer review panels to review LEA applications and make recommendations on which ones should be approved. Requires LEA matching funds. Requires teachers receiving such assistance to: (1) enter and complete the board certification program. And (2) upon becoming board certified, teach in a public school system for at least five years. Authorizes appropriations. Revises ESEA title II to authorize the Secretary to: (1) enter into an agreement with the Center for Science, Mathematics, and Engineering of the National Research Council of the National Academy of Sciences, under which the Center shall develop an advanced competency examination for elementary school and secondary school teachers of mathematics and science. And (2) make grants to LEAs to assist them in supplementing the salaries of teachers that pass such examination. Requires such LEAs to provide an additional $2,500 in salary for each grant year to teachers who have passed the examination and teach in schools served by the LEA. Authorizes appropriations. Revises HEA title II to authorize the Secretary to enter into contracts with appropriate entities to conduct information campaigns to broaden awareness of, and encourage mid-career professionals and other qualified individuals to consider, professional opportunities relating to elementary or secondary education. Requires announcements distributed as part of such information campaigns to publicize the availability of Federal assistance under HEA to obtain the necessary education, and to obtain certification or licensing, for such professional opportunities. Makes certain administrative, accountability, and evaluation provisions inapplicable to such contracts and campaigns. Authorizes appropriations.

21st Century Master Teacher Act